LPFM Notice of Proposed Rulemaking: Difference between revisions

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=== Local programming ===
=== Local programming ===
The FCC requested comments on whether to impose a minimum local origination requirement stating that listeners benefit from local programming, since it often reflects needs, interests, circumstances or perspectives that may be unique to that community.  Many LPFM supporters would have the Commission's rules actively promote locally-oriented programming by limiting network programming.  The FCC expects to see a significant amount of programming to be locally produced however programming does not have to be locally-produced to have interest or value to listeners in any particular locale.  The FCC is inclined to get LPFM licensees the same discretion as full-power licenses to determine what mix of local and non-local programming will best serve the community. 
The FCC proposes to not allow an LPFM to operate as a translator, retransmitting the programming of a full-power station.


=== Commercial programming ===
=== Commercial programming ===
Commenters did disagree to whether LPFM should be limited to noncommercial operation. LP-1000 stations may need revenue to remain operational.  Some LP-100 stations might sell some form of advertising to subsidize the operation.  Similarly, noncommercial licensees may seek underwriting funds from neighborhood groups and businesses.  Some commenters stated that a noncommercial restriction would increase the quality of programming to the public and could increase the availability of stations to educational institutions.  The FCC requested comments on whether programming should be strictly noncommercial and whether the current eligibility rules are appropriate, which permit educational and nonprofit community organizations to become licensees.  If the FCC was not to impose a broad restriction, they note the possibility that part of the FM band will remain reserved for noncommercial operators thus insuring that a significant portion of LPFM facilities would be noncommercial in nature.


=== Public interest programming requirements ===
=== Public interest programming requirements ===
The FCC proposed to require LP-1000 stations to adhere to the same Part 73 requirements for public interest broadcasting that apply to full power FM licensees.  Since LP-1000 would not use a table of allotments like full-power radio, their public service obligations would pertain to the listeners within their 60 dBu contour in the same way that a full-power station must serve the listeners in its community of license.
The FCC was disinclined to impose any of these public service requirements on LP-100 and LP-10 stations for the sake of simplicity.


=== Other service rules ===
=== Other service rules ===
The FCC wanted to know about LPFMs needing to follow other full-power rules such as the main studio rule, public file requirements and ownership reports.  The FCC tentatively concluded that LP-1000 licensees should meet the Part 73 requirements but would be disinclined to require these for LP-100 and LP-10 stations.
The FCC proposed that LPFM stations be subject to the environmental rules and responsibilities under the National Environmental Protection Act.  The FCC asked how the NEPA rules should apply to LP-100 and whether they should apply to LP-10.
The FCC requested comments regarding the applicability of various political programming rules to each class of LPFM stations.


=== Operating hours ===
=== Operating hours ===
The FCC proposed that LP-1000 stations should follow the full-service rules regarding operating hours which means two-thirds of the time between 6AM and midnight as a minimum.
For LP-100 and LP-10, the FCC suggests that a minimum operating schedule should not be established unless and until it is shown to be necessary. 


=== Construction, license terms and renewals ===
=== Construction, license terms and renewals ===
The FCC felt that LP-1000 stations should have the same construction period as full-service stations (3 years).
LP-100 and LP-10 stations should be constructed in much less time so they are proposing 18 months for LP-100 and 12 months for LP-10.
The FCC inquired on whether construction permits could be transferrable.
The FCC proposed that LP-1000 stations should follow the Part 73 rules applicable to license terms and renewals.  The FCC was open to comments to whether LP-100 and LP-10 stations should only be licensed for a finite period and non-renewable so that other may "take turns at the microphone" or if the concept of non-renewable licenses would discourage investment.  Comments were also requested to whether finite licenses would contravene Congress' intention in adopting statutory provisions that provide for a "renewal expectancy" for broadcast stations.  There is also language in Section 307(c) of the Communications Act that states that broadcast licenses shall be granted for a term not to exceed 8 years and can be renewed if the FCC finds that the public interest, convenience and necessity would be served.
The Commission did not believe it was necessary or appropriate to restrict the sale of any class of LPFM station despite concerns by commenters concerned about trafficked construction permits.


=== Emergency Alert System ===
=== Emergency Alert System ===
The FCC proposed to treat LP-1000 stations like full-power stations where it comes to EAS and to exempt LP-10 stations.  They requested comments on how LP-100 stations could fit into the EAS structure.


=== Station identification ===
=== Station identification ===
The FCC asked whether LPFM stations should have call signs like Low Power TV stations.


== Filing Applications ==
== Filing Applications ==

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