LPFM Report and Order
This was the original Report and Order that created the LPFM service with two classes of service, LP-100 and LP-10 to operate as a noncommercial educational (NCE) service by entities that do not have any attributable interests in any other broadcast stations and in a manner that protects the existing FM service. Initially, only local applicants would be eligible to participate in the service and once the eligibility criteria is relaxed, local organizations will be given significant selection preference. The LPFM service will provide new voices to be heard and fulfill the FCC's statutory obligation the authorize facilities in a manner that best serves the public interest.
| Document Information | |
|---|---|
| Type | Report and Order |
| Docket Number(s) | MM 99-25 |
| Related RM(s) | RM-9208, RM-9242 |
| FCC Number | 00-19 |
| FCC Record | 15 FCC Rcd 2205 |
| Relevant Dates | |
| Adoption Date | January 20, 2000 |
| Release Date | January 27, 2000 |
| Commissioner Statements | |
| Approve | Kennard, Tristani, Ness, |
| Dissent | Powell, Furchtgott-Roth |
Commission's goals in creating LPFM
The FCC's goal in creating LPFM was to create a class of radio stations to serve very localized communities or underrepresented groups within communities. Another goal was that any new LPFM service would specifically include the voices of community based schools, churches and civic organizations. Finally, the Commission made it clear that they would not compromise the integrity of the FM service. Engineering testing was performed by the FCC's Office of Engineering and Technology and studies submitted by commenters were comprehensively reviewed.
Classes of Service
LP-1000
In comments, the creation of a primary LP-1000 service created the most controversy. The topic was one of the few areas that generated opposition by both current full-power broadcasters and low power radio proponents. The FCC decided to not authorize the LP-1000 service. Those who opposed LP-1000 stated that they would pose a greater interference concern and would have a preclusive effect on the licensing of new LP-100 and LP-10 stations.
LP-100
LP-100 created the most positive comments. Commenters felt that LP-100 stations would create a reasonable coverage area while remaining small enough to respond to local needs. The service would allow for the use of equipment such as transmitters and single bay antennas which are readily available. Those in opposition stated that LP-100 was undesirable because it be difficult to establish a procedural and enforcement framework that would protect FM broadcasters from interference and that LP-100 stations would only create a marginal new radio listenership given the overriding levels of interference they would receive from full-service stations.
The FCC did authorize the LP-100 service with maximum facilities with the equivalent of 100 watts effective radiated power (ERP) and 30 meters (98 feet) height above average terrain and minimum facilities of 50 watts ERP at 30 meters HAAT. This would create a maximum service contour of 5.6 kilometers (3.5 miles).
LP-10
Those who commented on LP-10 felt that the service would be suitable for school campuses and local community organizations that wish to serve small areas and did not have the resources to construct a higher powered facility. Commenters felt that LP-10 would work better in crowded urban areas where higher class stations could not fit. Those who opposed it stated that the FCC would not be able to enforce the rules against the LP-10 stations and the widespread interference it would cause. Additionally the National Association of Broadcasters (NAB) discussed that the original Class D radio service was eliminated because the stations were inefficient spectrum usage.
The FCC did authorize the LP-10 service with facilities between 1 and 10 watts ERP and antenna heights up to 30 meters HAAT. LP-10 stations would produce a service contour between 1.6 and 3.2 kilometers (1 to 2 miles). These stations would fit in some locations where LP-100 was not available.
Nature of service and licensees
Noncommercial Educational service
Comments received overwhelmingly favored a noncommercial educational (NCE) service saying that NCE would be the best way to serve local communities. Others had argued that LPFM stations should be available for commercial licensees.
The FCC established the service only as noncommercial citing their goals to establish a new service to create new opportunities for new voices on the airwaves and to allow local groups including schools, churches and other community-based organizations to provide programming responsive to the local community needs and interests. Commercial stations, by their nature have commercial incentives to maximize audience size in order to improve ratings and increase advertising revenues. Such incentives could frustrate the FCC's goals in creating the service. Creating LPFM as an NCE service also gave the FCC additional flexibility in assigning licenses as mutually exclusive applications would not be resolved through competitive bidding, All LPFM applicants must meet the NCE eligibility requirements as outlined in Section 397(6) of the Communications Act. This means that applicants must demonstrate that the station would advance the organization's educational objective. With the NCE requirement for LPFM, stations could not be licensed to individuals, partnerships or for-profit entities.
Public Safety and transportation
Based on comments received by the New York State Thruway Authority and the Texas Department of Transportation, the FCC created a carve out to permit LPFM stations to be used by public safety and transportation agencies. These agencies felt that LPFM would be a service more reliable than AM Travelers Information Stations.
Eligibility and ownership
Cross ownership
Several commenters, including NAB stated that there should be no restrictions on LPFM stations being owned by existing broadcasters, NAB stated that a prohibition on cross-ownership would preclude LPFM stations from realizing efficiencies through joint operation with a full-power counterpart. Most commenters, however, opposed cross-ownership. Public interest groups asked why companies that already hold broadcast licenses be able to hold LPFM licenses when 99.9 of the American people are barred from the most effective communications media in the nation.
The FCC did prohibit cross-ownership of LPFM with any other broadcast station including translators and low power TV stations as well as other media subject to the ownership rules, such as local newspapers and cable TV providers. The FCC also prohibited operating agreements in any form, including time brokerage agreements, local marketing and management agreements and similar arrangements between full-power and LPFM broadcasters as well as between LPFM broadcasters. Applicants that already have an attributable interest can pledge to divest that interest in connection to receiving an LPFM license.
Localism requirement
Most commenters