LPFM Report and Order: Difference between revisions

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.

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).  

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.  

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.   

Most commenters favored requirements that LPFM licensees be locally based arguing that local residents are more likely aware of the issues of importance to the local community and to gear their programming accordingly.  Some commenters claimed that a local ownership requirement was incompatible with a 5 to 10 station ownership cap and could be struck down under the standards set by ''Bechtel v. FCC.''

Comments received were very wide ranging including some groups that wanted a nationwide one-station-per-owner limit arguing that such a cap would result in the most diverse ownership  Various civil rights organizations supported nationwide ownership  Several commenters agreed with the 5 to 10 station cap that the FCC proposed.  NAB stated that it did not believe a national ownership cap would be permitted under the ''Telecommunications Act of 1996.''  

For FM, the FCC has concluded that no specific frequency can be assigned for LPFM as all of the channels are used nationwide.  Channels 201~220 (88.1~91.9) are already available for full-power NCE stations and they would also be available for LPFM stations. Stations would also be allowed in the commercial band Channels 221~300 (92.1~107.9).

LPFM stations would be able to obtain broadcast auxiliary services such as studio to transmitter links, but such operation would be secondary to use by full-service broadcast stations.   

The FCC made the LPFM service secondary and also provide protection to FM translator and booster stations.  LPFM stations will also be required to protect vacant FM allotments.  With that in mind, the FCC wanted to minimize the situations in which an LPFM station would be required to change channels or cease operating.  LPFM stations will be required to protect full-service and translator stations using distance separation. In addition, LPFM stations in the reserved band (88.1~91.9) would also have to protect full-service and low power Channel 6 TV stations.  

LPFM stations would not be required to eliminate interference caused to FM stations by their lawful operation.  FM stations will also be required to address complaints of blanketing interference and will be subject to international agreements and must eliminate interference to primary Canadian or Mexican broadcast stations.

In the rules, the FCC will include two distances in respect to co-channel and first-adjacent stations.  The first distance is the required minimum separation distance that includes the interfering contour of the LPFM station, a 20 km "buffer zone" (towards full-service stations only) and the protected service contour of the incumbent station.  The second distance will be the minimum distance where the LPFM station would likely not receive interference from the incumbent station.  This consists of the interfering contour of the incumbent station plus the service contour of the LPFM station (no buffer zone).   

If a full-service station modifies their facility, the LPFM station may have to cease operations if the LPFM station causes interference in the full-service station's 70 dBu contour.

The FCC established distance separation tables for protections to full-service FM, Class D FM stations and other LPFM stations.  A separate set of tables were established for protecting stations in Puerto Rico and the United States Virgin Islands due to the differences in the definition of service classes in those areas.  A separate set of tables were established for LPFM stations in the reserved band to protect Channel 6 TV stations.   

When LPFM was originally proposed, the FCC stated that stations would be required to protect other stations on co-channel (same frequency) and first-adjacent channels (+/- 200 kHz).  The FCC was inclined to authorize the service without any second-adjacent channel (+/- 400 kHz) or third-adjacent channel (+/- 600 kHz) standards. The FCC stated that a strong case could be made for not requiring third-adjacent channel protections as there would be little risk of interference to existing radio services as the interference would be very small and only occur in the immediate vicinity of the LPFM station or if the LPFM station was located at the outer edge of the full-service station's protected contour where the full-power station's signal would be the weakest.  The FCC noted that third-adjacent channel protection was eliminated for certain grandfathered and short-spaced full-power stations in 1997.  On balance, the FCC stated that creating opportunities for a new LPFM station should outweigh any small risks of interference to and from LP-1000 and LP-100 stations.

Technical studies were filed in response to the NPRM by the Consumer Electronics Manufacturers Association (CEMA) under the auspices of National Public Radio, CEMA and the Corporation for Public Broadcasting; the NAB; and a third study conducted by Broadcast Signal Lab, LLP for the National Lawyers' Guild, Committee on Democratic Communications (NLG).  In addition, the FCC's Office of Engineering and Technology (OET) completed a study on FM receivers.

The CEMA Study tested 16 consumer receivers including 5 automobile radios, 5 home hi-fi tuners or receivers, 3 portable stereo systems, 2 portable radios and one "walkman" style radio.  Receivers were tested under a number of conditions including co-channel, first, second and third-adjacent channel interference.  CEMA's determination was that proposals to eliminate second and third adjacent channels could result in significant interference to current and future FM stations and threaten the deployment of future digital audio services and therefore recommends that the second and third adjacent channel (and intermediate frequency) protections be maintained.

The FCC's OET conducted a study with 21 radios including 5 small moderate cost portable and "boom box" receivers, 7 automobile receivers and 9 moderately expensive home stereo type receivers.  No inexpensive receivers without an antenna input were used.  OET found that nearly all of the receivers in the sample appear to meet or exceed the current second-adjacent channel protection ratios and exceeds the third-adjacent channel protection by a wide margin.

Citing the facts that facilities using directional antennas are subject to strict installation and pattern requirements, the impact on staff resources for processing these applications and due to the fact that LPFM uses distance separation as opposed to contours, the FCC did not authorize directional antennas for the LPFM service.

The FCC did inquire whether LPFM stations should have a different transmission standard such as reduced bandwidth. The FCC would determine that LPFM would use the same transmission standards as full-service FM stations.  LPFM stations may engage in monophonic or stereophonic broadcasting and may use subcarriers when the FM signal is on the air.

LPFM stations were permitted to operate horizontally polarized, vertically polarized, circularly polarized or elliptically polarized antennas.  Normally in the full-service (with some exceptions for NCE stations near a Channel 6 TV station), antennas must include a minimum of a horizontal element to them.  This flexibility will make it easier for LPFM stations to select an antenna for their station.

Antenna structure construction within 3.2 kilometers (2 miles) of a directional AM station or 0.8 kilometers (0.5 miles) of a nondirectional AM station will subject LPFM stations to the AM protection requirements to assure that the constructed tower structure does not adversely affect the AM signal pattern through reflections produced by the new structure.  

Antenna structures that are in excess of 61 meters above ground level and those along designated glide slopes in respect to nearby airports are subject to Antenna Structure Registration requirements.  

For the first year after the commencement of transmissions with new or modified facilities LPFM stations will be responsible for handling blanketing interference complaints.  For LP-100 stations, this is approximately 125 meters from the transmitter site and for LP-10 stations, about 39 meters.  

The FCC will require transmitters in the LPFM service to be type certified.  Type certification would prevent the use of transmitters with excessive bandwidth or modulation, spurious emissions, excessive power output or insufficient frequency stability, which could cause interference to other existing stations.   

Requirement for station logs will be minimal for LPFM stations.  LPFM station logs will contain only the following entries:

# Receipt of the weekly Emergency Alert System test;

To protect occupied areas from radio frequency radiation, the FCC has specific standards. There are additional standards for other environmental issues including but not limited to construction at sites with historical significance.  The FCC will create a simplified process to assist LPFM applicants with this.

On the topic of electronic filing, while most commenters supported electronic filing, some had said that there should be a permissive ability to file paper applications due to issues such as a "significant race gap" in internet access and for those without computer proficiency skills, or otherwise having access to the internet.   

The FCC also announced that there will be a website available where prospective applicants can make a preliminary determination of what frequencies will be available at a particular location.

In the NPRM, the FCC discussed whether the filing process for new stations should be "first come first served" or through a filing window process where applications will be taken for a short period of time.  Many commenters supported the use of the filing window.  Those who supported first come stated that the benefit is that would avoid situations with mutually exclusive applications but other stated that first come will give an unfair advantage to applicants with superior financial and technical resources.  

Following a filing window, minor change applications will be permitted.  Minor change applications can propose to move an LP-100 station up to 2 kilometers or an LP-10 station up to 1 kilometers.  Minor change applications can specify a change to a first, second, or third adjacent channel or an intermediate frequency channel.  Upon a technical showing of reduced interference, an applicant can change to any channel in order to resolve the interference.

Based on consideration of the record, the FCC would adopt a point system for resolving mutual exclusivity.  The point system would include three selection criteria:

The FCC decided that LPFM licenses should be on the same synchronized schedule that applies to other broadcast stations.  This means that licenses would be first granted for a short term until the synchronized expiration date is met and then licenses are renewed for 8 year terms.   

LPFM stations would still be subject to rules regarding obscene and indecent programming, sponsorship identification, political programming, recorded programming, personal attacks and periodic call sign announcements.

To ensure an effective utilization of channels, the current standards for full-service NCE stations will be used.  Stations will eb required to operate at least 36 hours per week and at least 5 hours a day, 6 days a week.  Stations licensed to educational institutions are not required to operate on Saturday or Sunday (or during school vacation periods).