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Order on Reconsideration: Difference between revisions
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==== Complaint and license modification procedure ==== | ==== Complaint and license modification procedure ==== | ||
In response to concerns by NPR, the FCC will consider interference to occur whenever the reception of a full power station is impaired by the operation of an LPFM station operating on a third-adjacent channel. The process may be invoked where an LPFM station is located inside the 60 dBu contour of an existing full power station operating on a third-adjacent channel (the 60 dBu contour of the station facilities that existed at the time construction of the LPFM station was authorized. Complaints will be limited to receivers located at fixed, identifiable locations within the 60 dBu contour and within 1 kilometer from the LPFM site. The complaint must be received by either tha LPFM or full-power station within one year of the date on which the LPFM station commenced operation. | |||
A listener who believes that an LPFM station signal is interfering with the reception of a full power station may initiate the complaint procedure by providing the full power station with an affidavit that describes the nature and location of the alleged interference. LPFM stations receiving the listener complaints must promptly forward those complaints to the affected full power FM station. The full power FM station will be required to identify those complaints and provide copies of all such ''bona fide'' complaints to the LPFM station. The LPFM station will have the opportunity to resolve individual interference complaints. | |||
In the event that the LPFM station concludes that it is not the source of the interference and the number of unresolved complaints equals at least 1 percent of households or 30 households, whichever is less, in the complaint area, the LPFM and full power station must cooperate in an "on off" test to determine whether the interference is traceable to the LPFM station. The FCC will consider a complaint resolved if the full power station does not reasonable cooperate with the LPFM's investigatory and remedial efforts. If licensees fail to reach an agreement and the requisite number of complaints remain unresolved, the full power station may request the FCC to initiate a proceeding to consider whether the LPFM station's license should be modified or cancelled. | |||
A new Section 73.810 has been added to the Rules to reflect this policy. | |||
==== Radio Reading Services ==== | ==== Radio Reading Services ==== | ||
A vulnerability was identified by NPR in respect to FM stations operating a Radio Reading Service because radios designed to receive subcarrier (or Subsidiary Communications Authority or SCA) broadcasts are more vulnerable to interference than mass marketed receivers. As a result, the FCC has identified a list of FM broadcast stations that are reported to be operating SCAs for Radio Reading Services. The FCC has extended third-adjacent channel protection requirements to any full-service FM station that is carrying a radio reading service. | A vulnerability was identified by NPR in respect to FM stations operating a Radio Reading Service because radios designed to receive subcarrier (or Subsidiary Communications Authority or SCA) broadcasts are more vulnerable to interference than mass marketed receivers. As a result, the FCC has identified a list of FM broadcast stations that are reported to be operating SCAs for Radio Reading Services. The FCC has extended third-adjacent channel protection requirements to any full-service FM station that is carrying a radio reading service. | ||
Interference caused by an LPFM after modification of a full-service FM facility | === Interference caused by an LPFM after modification of a full-service FM facility === | ||
NPR and Alan W. Jurison argued that while the FCC had designated that LPFM stations must continue to protect the 70 dBu community coverage contour of a full power station that modified their facility, the 70 dBu contour is not used in the noncommercial educational (NCE) FM service for community coverage. NCE stations in the 88.1~91.9 reserved band must provide community coverage to at least 50% of the community of license. The FCC agrees and amends §73.809 to state that in addition to the 70 dBu contour, interference to a modified full-service FM station by an LPFM will take place if there is interference into the community of license of the full-service station where the community is within the 60 dBu contour of the affected NCE FM station. | NPR and Alan W. Jurison argued that while the FCC had designated that LPFM stations must continue to protect the 70 dBu community coverage contour of a full power station that modified their facility, the 70 dBu contour is not used in the noncommercial educational (NCE) FM service for community coverage. NCE stations in the 88.1~91.9 reserved band must provide community coverage to at least 50% of the community of license. The FCC agrees and amends §73.809 to state that in addition to the 70 dBu contour, interference to a modified full-service FM station by an LPFM will take place if there is interference into the community of license of the full-service station where the community is within the 60 dBu contour of the affected NCE FM station. | ||
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=== Directional antennas for public safety and transportation === | === Directional antennas for public safety and transportation === | ||
At the suggestion of the New York State Thruway Authority, the FCC will permit LPFM stations operated for public safety reasons to be use directional antennas. NYSTA argued that the use of directional antennas will prevent signal energy from reaching unpopulated areas. The FCC amended §73.816 to reflect this. §74.1204(a) will be amended to clarify that FM translator stations will still protect these LPFM stations as they are nondirectional. | At the suggestion of the New York State Thruway Authority, the FCC will permit LPFM stations operated for public safety reasons to be use directional antennas. NYSTA argued that the use of directional antennas will prevent signal energy from reaching unpopulated areas. The FCC amended §73.816 to reflect this. §74.1204(a) will be amended to clarify that FM translator stations will still protect these LPFM stations as they are nondirectional. | ||
=== Ownership limits for public safety agencies === | |||
On reconsideration, the FCC will allow public safety and transportation agencies to be able to apply for and own more than one LPFM station as long as there are no other mutually exclusive applications filed in the window. During a filing window, when a public safety agency files for multiple stations, they must specify one of their applications as a "priority" application. The priority application will be able to compete with other applications in a group of mutually exclusive applications. Those that are not marked as priority will be dismissed right off the top if there are competing applications. §73.855 has been amended to reflect this change. | |||
=== University licensed LPFM stations === | |||
In response to two reconsiderations on the issue, the FCC will permit limited cross-ownership by a university that holds full-power broadcast licenses that are not student run for LPFM stations that would be managed and operated on a day-to-day basis by students, provided they do not face any competing applications. §73.860 was amended to reflect this rule change. | |||
== Clarifications to the ''Report and Order'' == | == Clarifications to the ''Report and Order'' == | ||
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=== FM Translator protection to LP-100 stations === | === FM Translator protection to LP-100 stations === | ||
The FCC clarified that until an LP-100 station is on the air and licensed, it must be protected by FM Translator stations at the maximum ERP permitted to the LPFM station. This is because when LP-100 stations are authorized, they will be assigned a minimum and maximum ERP. For example, an LPFM station authorized to operate a maximum 100 watts ERP will be authorized at a minimum of 50 watts ERP. Once the LPFM station is licensed, then translators will protect the LPFM station at the actual ERP the station is operating. The FCC amended §74.1204(a) in order to clarify this. | The FCC clarified that until an LP-100 station is on the air and licensed, it must be protected by FM Translator stations at the maximum ERP permitted to the LPFM station. This is because when LP-100 stations are authorized, they will be assigned a minimum and maximum ERP. For example, an LPFM station authorized to operate a maximum 100 watts ERP will be authorized at a minimum of 50 watts ERP. Once the LPFM station is licensed, then translators will protect the LPFM station at the actual ERP the station is operating. The FCC amended §74.1204(a) in order to clarify this. | ||
=== Instructional Television Fixed Service (ITFS) cross-ownership === | |||
ITFS is a fixed microwave service that is intended to transmit video programming to distant campuses. The FCC clarified that ITFS is not a broadcast service so it would have no impact on LPFM ownership. | |||
=== Alien ownership === | |||
The FCC clarifies that the same alien ownership policies and rules that apply to full power stations also apply to LPFM. | |||
=== Local Programming (for the preference point) === | |||
The FCC defined local programming as the production of programming by the licensee within 10 miles of the proposed transmitting site. | |||
=== Transfers of Control === | |||
The FCC clarified that a gradual change of a governing board or membership body to a point that a majority of members are new since the authorization was granted will not, by itself, constitute a prohibited transfer of control. | |||
== Changes made by the Commission on their own motion == | == Changes made by the Commission on their own motion == | ||
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* The decision to not authorize any LPFM service classes as primary service. | * The decision to not authorize any LPFM service classes as primary service. | ||
* The decision to not authorize a commercial LPFM service. | * The decision to not authorize a commercial LPFM service. | ||
* The decision to not authorize AM stations being able to own LPFM stations. | |||
* The decision to not require main studios, ownership reports and public inspection files. | |||
* Adopting a new requirement for modulation monitors to prevent overmodulation. | * Adopting a new requirement for modulation monitors to prevent overmodulation. | ||
* Changing the cut-off date used for the protection of other stations for applications filed in the window. | * Changing the cut-off date used for the protection of other stations for applications filed in the window. | ||
* Added protection requirements for LPFM stations located near cable TV headend facilities. | * Added protection requirements for LPFM stations located near cable TV headend facilities. | ||
* Extending "super power" protections to grandfathered FM stations in the commercial (92.1~107.9) portion of the FM band. | * Extending "super power" protections to grandfathered FM stations in the commercial (92.1~107.9) portion of the FM band. | ||
* | *Extending the time period (beyond 2 years) from when licenses would be limited to local applicants. | ||
{{LpfmProceedings}} | *Giving license priority to Minority Broadcasting Training Institutions. | ||
*Don Schellhardt's requests for allowing unlicensed broadcasters if they seek in injunction enjoining the FCC from enforcement and while the case is still pending. | |||
*Giving an additional preference point for being an educational institution (as opposed to an educational organization or government agency). | |||
*The establishment of a "Low Power Advisory Committee". | |||
*The establishment of an "Automatic Program Review". | |||
== Commissioner statements == | |||
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== Rule sections changed by this decision == | |||
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== Related links == | |||
aa{{LpfmProceedings}} | |||