The Sixth Report and Order was the last of three orders that implements provisions of the Local Community Radio Act of 2010. This Order implements LCRA section 7, and portions of Section 3 in respect to protection to the inputs of FM translators, third-adjacent channel interference remediation, second-adjacent channel waivers. This Order also implemented changes to the ownership rules including extending eligibility to Native Nations. It also made substantial changes to the point system used to select mutually exclusive applicants and made some additional technical rule changes. This Order was released simultaneously with the Fifth Order on Reconsideration.
| Document Information | |
|---|---|
| Type | Report and Order |
| Docket Number(s) | MM 99-25, MB 07-172 |
| Related RM(s) | 11338 |
| FCC Number | 12-144 |
| FCC Record | 27 FCC Rcd 15402 |
| Federal Register Citation(s) | 78 FR 2077, 78 FR 23854 |
| Federal Register Date(s) | January 9, 2013, April 23, 2013 (OMB) |
| Relevant Dates | |
| Adoption Date | November 30, 2012 |
| Release Date | December 4, 2012 |
| Commissioner Statements | |
| Approve | Pai, Clyburn, Genachowski, Rosenworcel, McDowell |
Second adjacent channel waivers
Section 3(b)(2)(A) of the LCRA explicitly grants the FCC the authority to waive the second-adjacent channel spacing requirements set forth in §73.807. It permits second-adjacent waivers where an LPFM station establishes, “using methods of predicting interference taking into account all relevant factors, including terrain-sensitive propagation models,” that its proposed operations “will not result in interference to any authorized radio service.” In the Fourth Further Notice, the FCC tentatively concluded that this waiver standard supersedes the interim waiver processing policy adopted by the Commission in 2007. We sought comment on this tentative conclusion. The three commenters that addressed this tentative conclusion agreed with it. As noted in the Fourth Further Notice, the interim waiver processing policy requires the Commission to “balance the potential for new interference to the full-service station at issue against the potential loss of an LPFM station.” This balancing is inconsistent with the language of Section 3(b)(2)(A) of the LCRA described above, which does not contemplate such a balancing. Accordingly, the FCC affirmed their tentative conclusion that the waiver standard set forth in the LCRA and discussed herein supersedes the interim waiver processing policy previously adopted by the Commission.