Regulatory History of LPFM

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	Sixth Report and Order	Fourth Notice of Proposed Rulemaking	Nov. 30, 2012
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 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