Regulatory History of LPFM: Difference between revisions

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|-
|-
|99-25
|99-25
|''Further Notice of Proposed Rulemaking''
|''[[Further Notice of Proposed Rulemaking]]''
|Mar. 17, 2005
|Mar. 17, 2005
|
|Aug. 22, 2005
|
|Sep. 21, 2005
|
|Proposes to allow assignments and transfers of control, impose an ownership cap of 1 station for educational licensees, impose a localism requirement, extend the construction period to 36 months, allow time share applicants to minor modify to a common location even if over 5.6 km, examine the issue of preclusion from the Auction 83 FM translator window and examine ways to address potential LPFM displacement by modification and drop-ins of full-service FM facilities.
|-
|-
|99-25
|99-25
|''Second Further Notice of Proposed Rulemaking''
|''[[Second Further Notice of Proposed Rulemaking]]''
|Dec. 11, 2007
|Dec. 11, 2007
|
|Apr. 7, 2008
|
|Apr. 21, 2008
|
|Codify the second-adjacent waiver standard from the ''Third Report and Order,'' establish criteria for LPFM stations protected from displacement by full-service application activity, obligations of full-service stations on modification applications that could potentially impact LPFM stations, contour protection based licensing for LPFM and LPFM to FM Translator protection priorities.
|-
|-
|99-25
|99-25
|''Third Further Notice of Proposed Rulemaking''
|''[[Third Further Notice of Proposed Rulemaking]]''
|Jul. 12, 2011
|Jul. 12, 2011
|
|Aug. 29, 2011
|
|Sep. 12, 2011
|
|Implement LCRA Section 5 (relationship between LPFM and FM Translators and the relation of secondary services to primary services), Translator application processing plan, Trafficking of translator applications and FM translators rebroadcasting AM stations.
|-
|-
|99-25
|99-25
|''Fourth Notice of Proposed Rulemaking''
|''[[Fourth Further Notice of Proposed Rulemaking]]''
|Mar. 19, 2012
|Mar. 19, 2012
|
|May 7, 2012
|
|May 21, 2012
|
|Implement LCRA Section 3 (second adjacent channel waivers) and Section 7 (third-adjacent channel interference remediation).  Also proposed elimination of LP-10, adding a new 250-watt LPFM service, remove intermediate frequency protection requirements, adding priority for Native Nations, clarifying the language about community-based organizations, permit limited cross-ownership of LPFM and FM translators as well as changes to the point system, tie-breakers and time sharing.
|-
|-
|19-3
|19-3
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|-
|-
|99-25
|99-25
|''Second Order on Reconsideration''
|''[[Second Order on Reconsideration]]''
|''LPFM Report and Order'' and testimony from an FCC forum on LPFM stations.
|''LPFM Report and Order'' and testimony from an FCC forum on LPFM stations.
|Mar. 17, 2005
|Mar. 17, 2005
|
|
|
|Extended the move distance allowed on minor modifications.
|-
|-
|99-25
|99-25
|''Third Report and Order''
|''[[Third Report and Order]]''
|''Further Notice of Proposed Rulemaking''
|''Further Notice of Proposed Rulemaking''
|Dec. 11, 2007
|Dec. 11, 2007
|
|
|
|Permits assignments of licenses after 3 years of operation, permits transfers of control including sudden board changes, imposed a limit of 1 LPFM station on educational licensees, imposed a localism requirement for licensees, new renewal expectancy for involuntary time share licensees that reach a universal agreement, allows requests to extend the construction period from 18 to 36 months, allows minor amendments beyond 5.6/3.5 km to allow for common time-share transmitter sites, imposes a cap of 10 applications on Auction 83 FM translator applications, eliminates §73.809 interference remediation requirements for subsequent full-service moves on second or third adjacent channels, allows LPFM stations displaced by full-service modifications to seek second-adjacent waivers on alternate channels and blocks certain full-service modifications if it will result in an LPFM displacement where the LPFM is unable to move to an alternate channel.
|-
|-
|99-25
|99-25
|''Third Order on Reconsideration''
|''[[Third Order on Reconsideration]]''
|''Third Report and Order''
|''Third Report and Order''
|Mar. 19, 2012
|Mar. 19, 2012
|
|N/A
|
|Declared as moot, several ''Petitions for Reconsideration'' filed by various religious broadcasters regarding the cap of 10 translator applications based on actions taken in the ''Fourth Report and Order.''
|-
|-
|99-25
|99-25
|''Fourth Report and Order''
|''[[Fourth Report and Order]]''
|''Third Further Notice of Proposed Rulemaking''
|''Third Further Notice of Proposed Rulemaking''
|Mar. 19, 2012
|Mar. 19, 2012
|
|
|
|Implements Section 5 of the LCRA. Develops process of dismissing FM translator applications in areas and on channels that foreclose on future LPFM opportunities.  Defines channel floors, spectrum limited markets and spectrum available markets.  Implements a nationwide cap of 50 Auction 83 FM translator applications and a limit of one per market. Expands FM translator use for AM stations.
|-
|-
|99-25
|99-25
|''Fifth Report and Order''
|''[[Fifth Report and Order]]''
|''Third Further Notice of Proposed Rulemaking''
|''Third Further Notice of Proposed Rulemaking''
|Mar. 19, 2012
|Mar. 19, 2012
|
|April 5, 2012
|
|Implements a portion of Section 2 and all of Section 4 of the LCRA.  Removes the requirement that LPFM stations must protect domestic third-adjacent channel facilities.  The FCC retained third-adjacent protections towards FM stations operating radio reading services as well as towards foreign facilities pursuant to long-standing international agreements.
|-
|-
|99-25
|99-25
|''Fourth Order on Reconsideration''
|''[[Fourth Order on Reconsideration]]''
|
|''Third Report and Order''
|Mar. 19, 2012
|Mar. 19, 2012
|
|N/A
|
|FCC dismissed a petition for reconsideration by Ace Radio challenging the FCC's removal of second-adjacent channels from the LPFM interference remediation rule §73.809.
|-
|-
|99-25
|99-25
|''Sixth Report and Order''
|''[[Fifth Order on Reconsideration]]''
|''Fourth Notice of Proposed Rulemaking''
|''Fourth Report and Order'' and ''Fifth Report and Order''
|Nov. 30, 2012
|Nov. 30, 2012
|
|No rule changes, only policy
|
|Increased the national application cap for still-pending Auction 83 translator construction permits from 50 to 70 retaining a cap of 50 within the top 150 and other identified markets.  Allowed translator applicants to prosecute up to 3 applications inside of a market upon a showing of an LPFM anti-preclusion study and then subject to certain conditions.
|-
|-
|99-25
|99-25
|''Fifth Order on Reconsideration''
|''Sixth Report and Order''
|''Fourth Report and Order'' and ''Fifth Report and Order''
|''Fourth Notice of Proposed Rulemaking''
|Nov. 30, 2012
|Nov. 30, 2012
|
|
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|-
|-
|99-25
|99-25
|''Sixth order on Reconsideration''
|''Sixth Order on Reconsideration''
|''Sixth Report and Order''
|''Sixth Report and Order''
|Jun. 30, 2013
|Jun. 30, 2013

Latest revision as of 23:27, 18 August 2022

This is a list of all of the various rulemaking proceedings that addressed the modern (post 2000) use of low power FM transmitters for program origination..

Petitions for Rulemaking

Petitions for Rulemaking
Rulemaking Number Petitioner Public Notice Date Nature of proposal
RM-9208 Nickolaus Leggett & Don Schellhardt Feb. 5, 1998 Create a microradio service with one watt AM and FM facilities on channel set aside for such use.
RM-9242 Rodger Skinner Mar. 10, 1998 Create a Low Power FM (LPFM) radio service with three tiers including a 50 watt secondary service, a 3 kW primary service and a 20 watt special event temporary service.
RM-9246 Web SportsNet, Inc. Mar. 18, 1998 Allow for the use of low power FM transmitters for temporary special event use and for permanent locations such as stadiums and airport terminals.
RM-11749 REC Networks
RM-11753 Low Power FM Advocacy Group
RM-11810 REC Networks
RM-11909 REC Networks

Notices of Proposed Rulemaking

Notices of Proposed Rulemaking (NPRM)
Docket Proceeding Date Adopted Comment Deadline Reply Comment Deadline Nature of proposals
99-25 LPFM Notice of Proposed Rulemaking Feb. 3, 1999 Aug. 2, 1999 Sep. 1, 1999 Original LPFM service proposal.
99-25 Further Notice of Proposed Rulemaking Mar. 17, 2005 Aug. 22, 2005 Sep. 21, 2005 Proposes to allow assignments and transfers of control, impose an ownership cap of 1 station for educational licensees, impose a localism requirement, extend the construction period to 36 months, allow time share applicants to minor modify to a common location even if over 5.6 km, examine the issue of preclusion from the Auction 83 FM translator window and examine ways to address potential LPFM displacement by modification and drop-ins of full-service FM facilities.
99-25 Second Further Notice of Proposed Rulemaking Dec. 11, 2007 Apr. 7, 2008 Apr. 21, 2008 Codify the second-adjacent waiver standard from the Third Report and Order, establish criteria for LPFM stations protected from displacement by full-service application activity, obligations of full-service stations on modification applications that could potentially impact LPFM stations, contour protection based licensing for LPFM and LPFM to FM Translator protection priorities.
99-25 Third Further Notice of Proposed Rulemaking Jul. 12, 2011 Aug. 29, 2011 Sep. 12, 2011 Implement LCRA Section 5 (relationship between LPFM and FM Translators and the relation of secondary services to primary services), Translator application processing plan, Trafficking of translator applications and FM translators rebroadcasting AM stations.
99-25 Fourth Further Notice of Proposed Rulemaking Mar. 19, 2012 May 7, 2012 May 21, 2012 Implement LCRA Section 3 (second adjacent channel waivers) and Section 7 (third-adjacent channel interference remediation). Also proposed elimination of LP-10, adding a new 250-watt LPFM service, remove intermediate frequency protection requirements, adding priority for Native Nations, clarifying the language about community-based organizations, permit limited cross-ownership of LPFM and FM translators as well as changes to the point system, tie-breakers and time sharing.
19-3 LPFM/NCE Administrative NPRM Feb. 14, 2019
19-193 LPFM Technical NPRM Jul. 30, 2019

Reports and Orders

Reports and Orders including Orders on Reconsideration
Docket Proceeding Addressing Proceeding Date Adopted Date(s) Rules were Enacted Nature of the outcome of the Order
99-25 LPFM Report and Order LPFM Notice of Proposed Rulemaking Jan. 27, 2000 Original LPFM service creation.
99-25 Order on Reconsideration LPFM Report and Order Sep. 22, 2000 Dec. 11, 2000 Third-adjacent complaint process, radio reading service protections, translator input protections, public safety carve-outs, student station carve-out, fixes to TV and LP-10 distance tables.
99-25 Second Report and Order FCC initiated as a result of the enactment of the Radio Broadcast Preservation Act of 2001 Mar 22, 2001 Jun. 11, 2001 Required third-adjacent channel protections and removed the amnesty period on past pirate radio operations.
99-25 Second Order on Reconsideration LPFM Report and Order and testimony from an FCC forum on LPFM stations. Mar. 17, 2005 Extended the move distance allowed on minor modifications.
99-25 Third Report and Order Further Notice of Proposed Rulemaking Dec. 11, 2007 Permits assignments of licenses after 3 years of operation, permits transfers of control including sudden board changes, imposed a limit of 1 LPFM station on educational licensees, imposed a localism requirement for licensees, new renewal expectancy for involuntary time share licensees that reach a universal agreement, allows requests to extend the construction period from 18 to 36 months, allows minor amendments beyond 5.6/3.5 km to allow for common time-share transmitter sites, imposes a cap of 10 applications on Auction 83 FM translator applications, eliminates §73.809 interference remediation requirements for subsequent full-service moves on second or third adjacent channels, allows LPFM stations displaced by full-service modifications to seek second-adjacent waivers on alternate channels and blocks certain full-service modifications if it will result in an LPFM displacement where the LPFM is unable to move to an alternate channel.
99-25 Third Order on Reconsideration Third Report and Order Mar. 19, 2012 N/A Declared as moot, several Petitions for Reconsideration filed by various religious broadcasters regarding the cap of 10 translator applications based on actions taken in the Fourth Report and Order.
99-25 Fourth Report and Order Third Further Notice of Proposed Rulemaking Mar. 19, 2012 Implements Section 5 of the LCRA. Develops process of dismissing FM translator applications in areas and on channels that foreclose on future LPFM opportunities. Defines channel floors, spectrum limited markets and spectrum available markets. Implements a nationwide cap of 50 Auction 83 FM translator applications and a limit of one per market. Expands FM translator use for AM stations.
99-25 Fifth Report and Order Third Further Notice of Proposed Rulemaking Mar. 19, 2012 April 5, 2012 Implements a portion of Section 2 and all of Section 4 of the LCRA. Removes the requirement that LPFM stations must protect domestic third-adjacent channel facilities. The FCC retained third-adjacent protections towards FM stations operating radio reading services as well as towards foreign facilities pursuant to long-standing international agreements.
99-25 Fourth Order on Reconsideration Third Report and Order Mar. 19, 2012 N/A FCC dismissed a petition for reconsideration by Ace Radio challenging the FCC's removal of second-adjacent channels from the LPFM interference remediation rule §73.809.
99-25 Fifth Order on Reconsideration Fourth Report and Order and Fifth Report and Order Nov. 30, 2012 No rule changes, only policy Increased the national application cap for still-pending Auction 83 translator construction permits from 50 to 70 retaining a cap of 50 within the top 150 and other identified markets. Allowed translator applicants to prosecute up to 3 applications inside of a market upon a showing of an LPFM anti-preclusion study and then subject to certain conditions.
99-25 Sixth Report and Order Fourth Notice of Proposed Rulemaking Nov. 30, 2012
99-25 Sixth Order on Reconsideration Sixth Report and Order Jun. 30, 2013
19-3 LPFM/NCE Administrative Order LPFM/NCE Administrative NPRM Dec. 10, 2019
19-193 LPFM Tech Order LPFM Technical NPRM Apr. 23, 2020