Second Order on Reconsideration
The Second Order on Reconsideration was adopted five years after the creation of the LPFM service and addresses a Petition for Reconsideration filed by the United Church of Christ, Office of Communication (UCC), following the adoption of the Second Report and Order, which implemented the provisions of the Radio Broadcast Preservation Act of 2001. This Order was released concurrently with the Further Notice of Proposed Rulemaking.
| Document Information | |
|---|---|
| Type | Order on Reconsideration |
| Docket Number(s) | MM 99-25 |
| FCC Number | 05-75 |
| FCC Record | 20 FCC Rcd 6763 |
| Federal Register Citation(s) | 70 FR 39217 |
| Federal Register Date(s) | July 7, 2005 |
| Relevant Dates | |
| Adoption Date | March 17, 2005 |
| Release Date | March 17,2005 |
| Rules Effective | OMB |
Additional clarification to local programming definition
At the request of the United Church of Christ, Office of Communication (UCC), the FCC clarified that the local origination selection criterion, one of the preference points used to compare mutually exclusive applicants following a filing window, was intended to encourage licensees to maintain production facilities and a meaningful staff presence within the community served by the station. Programming produced outside of the 10 mile radius and does not involve any local production facilities does not serve this goal. The Commission clarified that such programming, including time-shifted programming obtained via satellite, may not be used to fulfill a locally originated programming pledge made as part of the mutually exclusive LPFM application selection process.
Distance allowed for station moves on minor amendments
UCC also requested that the distance allowed for a minor move be extended past the 2 kilometers allowed for LP-100 and 1 kilometer for LP-10 applications. The UCC reports that many LPFM applicants may have not been able to obtain zoning and other government approval for their first choice transmitter locations and must apply for alternative sites. According to UCC, LPFM applicants and their technical advisors demonstrate that while a 2 kilometer limit often precludes a workable solution in such situations, a 5.6 kilometer limit will often provide the necessary flexibility for applicants to relocate.
As a result, the FCC will amend §73.871 to allow for a site move on a minor amendment to a pending application for up to 5.6 kilometers for LP-100 applications and 3.2 kilometers for LP-10 applications. In addition, the Commission also amended §73.870 to permit those distances on minor modification applications on already granted facilities.
The Commission still will not codify §73.871 to permit channel changes on amendments, however they have given delegated authority to the Media Bureau to waive §73.871(a) on a case-by-case basis to allow for it if such a waiver would promote expeditious application processing and maximize new LPFM station licensing opportunities. In these cases, the waiver must be a part of a universal settlement reached between all members of a group of mutually exclusive applicants.
Rule sections amended by this decision
- §73.870 Processing of LPFM broadcast station applications.
- §73.871 Amendment of LPFM broadcast station applications