RM-9208, RM-9242 and RM-9246

RM-9208 was a Petition for Rulemaking written by Nickolaus E. Leggett and Donald J. Schellhardt and was one of two petitions that became the catalyst for the creation of the Low Power FM (LPFM) radio service through the creation of one watt "microstations" in the AM and FM broadcast bands.

RM-9242 was a Petition for Rulemaking written by Rodger Skinner

Because of how the FCC would eventually "combine" these two rulemaking petitions through actions during the process, this article will discuss them both as many comments received in the proceeding address various aspects of the different proposals.

The Leggett/Schellhardt proposal (RM-9208)

The Microradio concept

The original petition which was received by the FCC on July 17, 1997 proposed amendments to the rules to permit "microstations" on the AM and FM broadcast bands. The microstation would serve an area of one to several square miles to service a single small municipality or a very small neighborhood of a larger municipality. According to the petition, the microradio broadcast service would provide an opportunity for individual citizens and small groups of citizens to operate radio broadcast services and would expand the variety of subjects and types of entertainment presented. New musical groups could present their music society and new social and political options could be discussed.

The concept called for one AM and one FM channel be set aside for microbroadcasting. Each station would serve a specific geographic location (referred to as a "cell"). Microstations would be one watt, use nondirectional vertical antennas no more than 50 feet above ground level. Licenses would be issued for a 5 year term and have a flat regulatory fee of $50.

in a subsequent filing in March 1998, Leggett and Schellhardt stated that microstations should not be licensed to larger corporations and that multiple microbroadcasters should be permitted to share a frequency and that perhaps power ceilings greater than one watt should be considered. The petitioners opposed the concept of a noncommercial only service and that some licenses should be set aside for race-based and gender-based groups.

During this proceeding, Leggett and Schellhardt sent the FCC Commissioners a videocassette of "Pump Up The Volume", a 1990 film about a fictional pirate radio station operator.

Supporting comments

Initial comments in support of the petition came from various individuals, some who to this day, remain involved in the LPFM movement. Dave Solomon, who would later form the Low Power FM Advocacy Group supported the concept of allowing FM translators to be able to originate their own programming. In February, 1998, Michael Reynolds, who at the time was the owner of the W0KIE Satellite Radio Network and currently the principal of KOKT-LP, Tulsa, Oklahoma, suggested that the service be unlicensed and allow up to 15 watts. The Puerto Rico Radio Broadcasters Association, which generally supported the creation of a microradio service on the mainland, requested that Puerto Rico be excluded from the service due to the unique terrain and the need to protect the Arecibo Radio Astronomy Observatory. On February 16, 1998, REC Networks filed comments supporting the concept of LPFM and Low Power AM (LPAM) broadcasting but opposing the "cell" concept. Instead, REC called for the ability for stations to use the AM band with 1620~1710 as a first choice before choosing lower frequencies and for FM, the ability to use 87.5, 87.7, 87.9 as well as the normal 100 FM channels. In more rural areas, the FCC could reintroduce Class D FM stations with a maximum of 10 watts TPO and that the station operation be supervised by someone who has proven a level of radio aptitude through the possession of an Amateur Radio Service license of General class or greater.

On March 5, 1998, the FCC would extend the comment period on RM-9208 by nearly two months.

Comments in Opposition

In opposition, Susquehanna Radio cited the equipment available from Free Radio Berkeley that would permit the microstations to be able to broadcast at over 40 watts, instead of the one watt proposed. JEM Broadcasting Company offered insight in to the plight of daytime AM stations at the time and instead of the proposal as written, the FCC should reinstate the Class D service and allow for one way broadcasting in the Citizens Band radio service. The New Jersey Broadcasters Association called the petition severely flawed and may not be workable, especially on FM and suggests that the FCC proceed very slowly before approving any radical changes. Rodger Skinner, the author of the competing LPFM petition RM-9242 cites the fact that Leggett and Schellhardt have no experience in broadcasting citing various small issues with the petition and promotes RM-9242 as a more comprehensive proposal. Skinner also takes issue with Leggett and Schellhardt sending a copy of the film "Pump Up The Volume" to the Commissioners. Many comments filed were comments jointly addressing the RM-9208 and RM-9242 petitions such as the one from National Public Radio, which states that the FM band is too crowded and that any kind of new LPFM service could forestall the development of In Band On Channel (IBOC) digital radio (later to be known as HD Radio). Greater Media called the petition would have disastrous consequences to the current allocation scheme and create massive areas of interference degrading the quality of radio service while providing no realistic economic opportunity, suggesting that the internet would be a better method for new voices. The National Association of Broadcasters (NAB) states that 1 watt microstations would be an inefficient use of spectrum and would cause issues if existing stations are forced to change channels in order to clear spectrum for a low power FM service. NAB would cite the 1978 decision that discontinued any new 10-watt Class D FM stations citing that higher powered stations are a more efficient use of spectrum. They would also state that any new low power service would have impacts on the ability to implement IBOC, especially if low power stations are permitted on first adjacent channels. NAB states that LPFM is not the way to curb pirate radio broadcasters and that other options are available such as time purchase on existing stations, citing the case of Beat Radio in Minneapolis and that the internet can be used for broadcasting. Additional opposing comments would be received by USA Digital Radio, the predecessor to what would become HD Radio and various state broadcaster associations.

The "cease fire" demand letter

In April 1998, Leggett and Schellhardt wrote "special comments" in the proceeding claiming that prosecutions of microbroadcasters should be halted and that retroactive amnesty be provided to those who would likely be able to be licensed as a low power FM broadcaster citing the case in the 9th Circuit Court of Appeals that blocked a proposed injunction against pirate radio broadcasts being made by Stephen Dunifer.

Other alternative LPFM concepts

During the proceeding, other organizations had proposed various different concepts for a low power radio service through comments.