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Sixth Report and Order: Difference between revisions
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(Created page with "The ''Sixth Report and Order'' was the last of three orders that implements provisions of the ''Local Community Radio Act of 2010.'' This ''Order'' implements LCRA section 7, and portions of Section 3 in respect to protection to the inputs of FM translators, third-adjacent channel interference remediation, second-adjacent channel waivers. This ''Order'' also implemented changes to the ownership rules including extending eligibility to Native Nations. It also made subs...") |
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Second adjacent channel waivers | == Second adjacent channel waivers == | ||
Section 3(b)(2)(A) of the LCRA explicitly grants the FCC the authority to waive the second-adjacent channel spacing requirements set forth in §73.807. It permits second-adjacent waivers where an LPFM station establishes, “using methods of predicting interference taking into account all relevant factors, including terrain-sensitive propagation models,” that its proposed operations “will not result in interference to any authorized radio service.” In the ''Fourth Further Notice'', the FCC tentatively concluded that this waiver standard supersedes the interim waiver processing policy adopted by the Commission in 2007. We sought comment on this tentative conclusion. The three commenters that addressed this tentative conclusion agreed with it. As noted in the ''Fourth Further Notice'', the interim waiver processing policy requires the Commission to “balance the potential for new interference to the full-service station at issue against the potential loss of an LPFM station.” This balancing is inconsistent with the language of Section 3(b)(2)(A) of the LCRA described above, which does not contemplate such a balancing. Accordingly, the FCC affirmed their tentative conclusion that the waiver standard set forth in the LCRA and discussed herein supersedes the interim waiver processing policy previously adopted by the Commission.{{LpfmProceedings}} | Section 3(b)(2)(A) of the LCRA explicitly grants the FCC the authority to waive the second-adjacent channel spacing requirements set forth in §73.807. It permits second-adjacent waivers where an LPFM station establishes, “using methods of predicting interference taking into account all relevant factors, including terrain-sensitive propagation models,” that its proposed operations “will not result in interference to any authorized radio service.” In the ''Fourth Further Notice'', the FCC tentatively concluded that this waiver standard supersedes the interim waiver processing policy adopted by the Commission in 2007. We sought comment on this tentative conclusion. The three commenters that addressed this tentative conclusion agreed with it. As noted in the ''Fourth Further Notice'', the interim waiver processing policy requires the Commission to “balance the potential for new interference to the full-service station at issue against the potential loss of an LPFM station.” This balancing is inconsistent with the language of Section 3(b)(2)(A) of the LCRA described above, which does not contemplate such a balancing. Accordingly, the FCC affirmed their tentative conclusion that the waiver standard set forth in the LCRA and discussed herein supersedes the interim waiver processing policy previously adopted by the Commission.{{LpfmProceedings}} | ||