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LPFM Notice of Proposed Rulemaking: Difference between revisions
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Throughout the NPRM, the FCC suggests that "Microradio" is a separate "service" by using both LPFM (in respect to LP-1000 and LP-100) and Microradio (LP-10) separately throughout the document ''(For example: "..owning more than one LPFM (or microradio) station in the same community."'') | |||
=== Transmitter certification === | === Transmitter certification === | ||
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=== Local and cross-ownership === | === Local and cross-ownership === | ||
The FCC saw that because of the increased opportunity for entry, enhanced diversity and new program services as being the principal benefits of a new LPFM service, that it would be hard, if not impossible to achieve these opportunities if LPFM stations were made available to existing broadcasters or if a number of LPFM stations in the same area were under common control. As a result, the FCC tentatively concluded that strict local and cross-ownership restrictions would be appropriate. | |||
The FCC proposed that no person or entity with an attributable interest in a full power broadcaster should have any ownership interest in any LPFM station in any market and to prohibit joint sales agreements, time brokerage agreements, local marketing or management agreements between full-power broadcasters and low power radio entities. | |||
The FCC also requested comments on whether they should permit AM licensees to file applications contingent on the divestiture of their AM station in the event they are successful in getting an LPFM station. | |||
In addition to the cross-ownership rule, the FCC proposed to prohibit any individual or entity from owning more than one LPFM station in the same community. With that, the FCC requested comments on how this same community would be defined, such as through signal overlap, Designated Market Area or markets designaed by commercial audience ratings services. | |||
The FCC asked whether the proposed cross-ownership restrictions would prevent individuals and entities with valuable broadcast experience from contributing to the success of the service, whether those with attributable interests should be able to be involved in LPFM in areas where they do not have stations and whether cross-ownership rules should be extended to include newspapers, cable systems and other mass media. | |||
The FCC further states that the ownership guidelines set out in the ''Telecommunications Act of 1996'' would not apply to LPFM as the Act predates the LPFM service and the legislation did not anticipate the creation of the service. | |||
=== National ownership === | === National ownership === | ||
The FCC did not see a need to severely restrict the number of LPFM stations an individual person or entity may own nationally. They expect the nature of the service that LP-100 and microradio facilities would attract primarily local or nearby residents where a group of LP-1000 stations may provide may provide a licensee with essential broadcasting experience to assist potential new entrants in their attempts to acquire and operate full-power facilities. | |||
The FCC seeks comments on whether a limit of 5 or 10 stations nationally would provide a reasonable opportunity to attain efficiencies of operation while preserving the availability of these stations to a wide range of new applicants. | |||
=== Residency requirements === | === Residency requirements === | ||
Although urged by many commenters, the FCC did not propose to establish a local residency or "integration" (day-to-day management of the station) requirement for LPFM stations. For LP-1000, the FCC has long recognized that full-power stations require neither residency or integration between ownership and management to assess and address the local needs and interests as such a requirement would frustrate any attempt at achieving certain efficiencies from national multiple ownership long recognized as beneficial for full-power stations. In addition, because the service areas of LPFM stations will be relatively small, a potential new entrant can hold residency in a location where LPFM stations are not available or available at the higher classes, such as LP-1000. The Commission also points out the statutory requirements in respect to alien ownership. | |||
=== Qualifications of unlicensed broadcasters === | === Qualifications of unlicensed broadcasters === | ||
While the FCC feels that the basic character qualification policies that apply to full-service radio should also apply to LPFM, they have expressed a certain concern regarding unlicensed radio operators citing the many cases of interference, including to aviation communications as well as the enforcement process. The FCC considers those who persist in unlawful operation after the FCC has taken enforcement action as those who could be deemed as ''per se'' unqualified and seeks comments on whether they should be ineligible for LPFM and whether there should be any circumstances where a party could be considered as rehabilitated. | |||
The FCC feels that the reliability as licensees of parties who may have illegally operated for a time but have ceased operation after being advised of an enforcement action as not being as suspect. The FCC seeks comments on the propriety of accepting as licensees, parties who may have broadcast illegally but have promptly ceased operation when advised by the FCC to do so or who voluntarily ceases operations within 10 days of the publication of the summary of this NPRM in the ''Federal Register.'' | |||
== Service characteristics == | == Service characteristics == | ||