Order on Reconsideration
| Document Information | |
|---|---|
| Type | Memorandum Opinion and Order |
| Docket Number(s) | MM 99-25 |
| Related RM(s) | RM-9208, RM-9242 |
| FCC Number | 00-349 |
| FCC Record | 15 FCC Rcd 19208 |
| Relevant Dates | |
| Adoption Date | September 20, 2000 |
| Release Date | September 28, 2000 |
When the FCC adopted the Report and Order to create the LPFM service, there was a significant number of Petitions for Reconsideration and requests for clarification filed by many parties for the FCC to reconsider various aspects of that Order.
Petitions filed
National Public Radio
National Public Radio (NPR) sought reconsideration on the FCC's decision to not apply a third-adjacent channel protection requirement on LPFM stations, especially for the protection of FM stations that carry radio reading services for the blind and other persons with disabilities as well as providing protection to cable headends and also the impacts to future In Band On Channel (IBOC) digital operations and LPFM's status in respect to FM translator stations. NPR and the National Translator Association are seeking reconsideration to address potential interference to the "inputs" of FM translators by LPFM stations. NPR and Alan W. Jurison allege that the rules do not adequately protect the service areas of full-service licensees questioning the FCC's use of the 70 dBu contour for the interference standard if a full-power station modifies their facility and NPR further raises concerns over protections to noncommercial stations, which use the 60 dBu contour for community coverage. Jurison also addresses the issue of grandfathered "super power" FM stations in the commercial portion of the broadcast band.
Original LPFM petitioners
RM-9242 petitioner Rodger Skinner and the United Church of Christ asked for reconsideration of the decision to require second-adjacent channel protections. Skinner also seeks reconsideration on the FCC's decision to not provide the LP-1000 service as well as the decision to make LPFM only a noncommercial service. UCC also asked for the Commission to extend the time when only local community based applicants will be eligible for stations from the two years adopted in the Report and Order as well as the decision to not require LPFM stations to maintain a public file or file ownership reports. RM-9208 co-petitioner Don Schellhardt requests that the FCC allows unlicensed broadcasters if the unauthorized broadcaster has challenged the legality of an FCC order to cease operations and/or sought an injunction to bar the FCC from enforcing such an order and the court "allowed" the unlicensed broadcaster to continue operating while the legal challenge was pending.
Other petitioners
David S. Black, a station manager at the student station at the University of Wisconsin requested reconsideration on the decision to make LPFM a secondary service as opposed to a primary service; Black, along with Michael Camarillo on behalf of KAMP Student Radio at the University of Arizona requests that universities that have full-service licensees should also be allowed to operate student LPFM stations. Craig Fox stated that LPFM stations should be required to use calibrated modulation monitors; and Amherst Alliance wanted the "cut off date" used to determine when full-service stations would be protected to be either February 29, 1999 or January 20, 2000 instead of 30 days prior to the opening of the filing window. The Order will also address reconsideration sought by the New York State Thruway Authority and the engineering firm of Lohnes and Culver to permit LPFM stations to be able to use directional antennas and the ability for government agencies to be subject to the same ownership caps as an educational licensee.
Lawson and Langford asked the FCC to allow AM licensees to be able to apply for LPFM licenses; Cohn and Marks requested clarification of the rules for educational licensees that also hold Instructional Television Fixed Service (ITFS) licenses. Kenneth Bowles seeks clarification of the local program origination point pledge. The Minority Media and Telecommunications Council (MMTC) filed a supplementary pleading contending that the FCC should award the first LPFM licenses to minority broadcast training institutions and to include a preference point for educational institutions in the point system.
FCC decisions in response to the petitions
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