LPFM Notice of Proposed Rulemaking

The original LPFM Notice of Proposed Rulemaking (NPRM) was a product of the two Petitions for Rulemaking that became known as RM-9208 and RM-9242. it was also the rest of a major grassroots campaign to raise the awareness of media consolidation and the lack of ability for the common citizen to access the airwaves.

Original LPFM NPRM

Document Information
Type	Notice of Proposed Rulemaking
Docket Number(s)	MM 99-25
Related RM(s)	RM-9208, RM-9242
FCC Number	99-6
FCC Record	14 FCC Rcd 2471
Federal Register Citation(s)	64 FR 7577
Relevant Dates
Adoption Date	January 28, 1999
Release Date	February 3, 1999
Comment Deadline	April 12, 1999
Extended to	August 2, 1999
Reply Deadline	May 12, 1999
Extended to	September 1, 1999
Commissioner Statements
Approve	Kennard, Tristani, Ness, Powell
Dissent	Furchtgott-Roth

In the NPRM, the Federal Communications Commission (FCC) recognized that there was substantial interest in and public support for increased citizen's access to the airwaves and that LPFM stations would provide a low-cost means of serving urban communities and neighborhoods as well as populations living in smaller rural towns and communities.

The FCC's goals in this proceeding were to address unmet needs for community-oriented radio broadcasting, foster opportunities for new radio broadcast ownership and promote additional diversity in radio voices and program services.

Under the proposal, LPFM stations would not be subject to certain technical rules that apply to other classes of radio services. This includes third-adjacent channel protection requirements, and possibly even second-adjacent channel. In adopting any new rules and requirements, the FCC was wary of any provisions that could limit the development of what would eventually become known as HD Radio.

Need for Low Power Radio Service

Citing the FCC's 1998 Biennial Review of broadcast ownership regulations, liberalization of the broadcast ownership rules in the 1990s has led to increasing ownership consolidation. The FCC acknowledged had acknowledged the benefits to the public that may accrue from the economies of scale made possible by group station ownership. However, the FCC was concerned that consolidation may have a significant impact on small broadcasters and potential new entrants to radio broadcasting by driving up station prices making it more difficult to enter the industry and survive as an independent operator.

The FCC had received over 13,000 inquiries from individuals in the past year from individuals and groups showing interest in starting a low power FM radio station and notes the comments made in the rulemaking proceedings that urged the FCC to create opportunities for low power, locally oriented low power radio services. A low power station could be designed to operate similar to a full-power station, as a supplementary commercial or noncommercial service or simply as a low cost community service used principally to convey information to listeners without concern for financial support

The NPRM seeks comments on whether a new low power radio service would provide new entrants the ability to add their voices to the existing mix of political, social and entertainment programming, Number commenters stated that alternate sources of information and entertainment are not readily available through acquisition of an existing station, time brokerage agreements or internet broadcasting. The FCC recognized that people with non-mainstream interests or unconventional views may be denied access to access on a full power station based on the station's owner. At the time, it was also cited that radio was necessary because the internet was not very mobile.

Spectrum considerations

As an initial matter, the FCC is proposing to put the low power service on FM only, thus rejecting calls for low power AM citing the interference and congestion on the band. The FCC will not place low power stations on alternate spectrum outside of the FM (or AM) band as that would require the purchase of a new receiver. Because of the fact that there are over 7,000 FM stations currently licensed on the 100 FM channels (88.1~107.9), the FCC can not fulfill the suggestion from RM-9208 which requested one dedicated channel for low power FM stations and acknowledges that there is not one specific segment of the FM band that is generally move available than any other. Therefore, all 100 channels would be available for LPFM stations. Commercial services would be prohibited from using the Reserved Band channels from 88.1~91.9. The NPRM also asks about LPFM stations seeking to also operate auxiliary facilities.

Technical Overview of LPFM Services

LP-1000

The FCC proposed LP-1000 which would be an effective radiated power (ERP) up to 1,000 watts with an antenna height above average terrain (HAAT) of 60 meters (197 feet). LP-1000 would be proposed as a primary service, equal in status with full-service broadcast stations and is able to displace FM translators and stations in the proposed LP-1000 service. The service would create a 60 dBu service contour of 14.2 kilometers (8.8) miles, about half the distance of the service contour of a Class A (6kW) FM station. The FCC seeks comments on whether this service should be restricted to noncommercial applicants, open to commercial service or both and whether the population in these service areas would be large enough to sustain an advertising base. It is also proposed that LP-1000 stations would provide minimum distance separation to other FM facilities on co-channel and first adjacent as well as to other full-service FM stations on intermediate frequency. The inquiry also questions whether existing FM translator and booster stations should be grandfathered in as being protected from new LP-1000 stations and whether LP-1000 stations should be permitted to operate translators and boosters.

Potential minimum distance separation requirements of LP-1000 stations to domestic FM facilities

Other station Class	Co-channel minimum distance	First-adjacent channel minimum distance	Second adjacent channel minimum distance reserved band	Second/Third adjacent channel minimum distance commercial band	Intermediate Frequency
A	79	50	33	31	7
C3	90	60	44	27	9
B1	105	70	50	46	9
C2	103	73	57	54	13
B	137	95	71	67	13
C1	123	94	77	75	20
C	143	113	96	94	28
D	56	27	10	8	4
LP-1000	65	35	---	---	---

LP-100

The FCC proposed LP-100 to be a secondary service that would meet the demand of people who would like to broadcast affordably to communities of a moderate size such as a rural area or as part of a large urban area. The LP-100 service was proposed to permit stations of 100 watts ERP at 30 meters (98 feet) HAAT. This would create a service contour of 5.6 kilometers (3.5 miles). Depending on the population density, an LP-100 station may serve a few hundred to several thousand listeners. The FCC describes LP-100 as comparable to the RM-9242 proposed service class of 50 watts at 150 feet HAAT. In the NPRM, the FCC asks whether there should be a different power limit for this service, such as 30 watts, whether alternate levels of power or height should be used and whether the service should be limited to noncommercial use, commercial or both. Like with LP-1000, the FCC proposes LP-100 stations to only provide co-channel and first-adjacent channel protections to other facilities as well as provide intermediate frequency protections to full-service FM stations. Additional, the FCC asks if stations should also be required to provide second or third adjacent channel protections and whether LP-100 stations should have lower spectrum use priority than LP-1000 stations and whether LP-100 stations should be primary over FM translator and booster stations. Also like with LP-1000, the FCC is inquiring whether LP-100 stations should be permitted to operate boosters.

Potential minimum distance separations of LP-100 stations to domestic FM facilities

Class	Co-channel minimum distance	First-adjacent channel minimum distance	Second-adjacent channel minimum distance reserved band	Second/Third adjacent channel minimum distance commercial band	Intermediate Frequency
A	47	36	30	29	7
C3	58	47	41	40	9
B1	67	54	47	46	9
C2	71	60	54	53	12
B	92	77	68	67	12
C1	91	80	74	73	20
C	110	100	93	93	28
D	24	13	7	6	4
LP100	24	14	--	--	--