FCC Record, Volume 27, No. 1, Pages 1 to 936, January 3 - February 3, 2012 Page: 8
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choose among entities filing mutually exclusive applications for LPFM licenses, the LPFM Order also set
forth a point system that favors local ownership and locally-originated programming.26 Finally, the
LPFM Order directed the then-Mass Media Bureau to establish filing windows for LP100 applications.27
16. The Commission revised and clarified some of its LPFM rules in a September 2000
Memorandum Opinion and Order on Reconsideration.28 The Reconsideration Order declined to adopt
the more restrictive channel separation requirements urged by certain petitioners. Instead, the
Commission adopted complaint and license modification procedures to address unexpected third-channel
interference problems caused by LPFM stations.2" In addition to addressing these interference issues, the
Commission increased the flexibility for universities, state and local governments, and entities operating
public safety or transportation services to own LPFM stations.o
17. After the Commission declined to impose third-adjacent channel separation requirements
on LPFM stations in the Reconsideration Order, Congress directed it to do so in the Government of the
District of Columbia Appropriations Act, FY 2001 ("2001 DC Appropriations Act").3 In that legislation,
Congress instructed the Commission to prescribe third-adjacent channel spacing standards for LPFM
stations and to deny LPFM applications of parties that previously had engaged in the unlicensed operation
of a radio station.'2 The 2001 DC Appropriations Act also directed the Commission to evaluate the
likelihood of interference to existing FM stations if LPFM stations were not subject to the third-adjacent
channel spacing requirement." As a result of the spacing requirement imposed by the new law, a number
of facilities proposed in otherwise technically grantable applications became short-spaced to existing full-
service FM stations or translators, leading to the amendment or dismissal of those applications.4
(Continued from previous page)
only local entities to apply for LPFM licenses sunset in 2002, but it also was reinstated in 2007. See 47 C.F.R.
73.853(b).
26 Under the point system, ties between competing applicants are resolved by either volunmtary time-sharing
agreements between such applicants or, in the event that they cannot so agree, the imposition of "involuntary time-
sharing," with each tied and grantable applicant awarded an equal, successive and non-renewable license term of no
less than one year, for a combined total eight-year term. LPFM Order, 15 FCC Rcd at 2258-64. 1 136-51: see 47
C.F.R. 73.872. The point system also favors LPFM applicants that pledge to operate at least 12 hours per day.
LPFM Order. 15 FCC Red at 2261, 143; 47 C.F.R. 73.872(b)(2).
27 LPFM Order, 15 FCC Rcd at 2256-57, 130-33. In March 2000, the Mass Media Bureau announced five
separate filing windows for accepting LP100 applications, with each window limited to an application group of ten
states and at least one other United States jurisdiction. See FCC Announces Five-Stage National Filing Window for
Low Power FM Broadcast Station Applications, Public Notice, 15 FCC Rcd 18621 (MMB 2000). The last of those
windows closed on June 15, 2001. Low Power FM Filing Window, Public Notice, 16 FCC Rcd 7915 (MMB 2001).
2 Creation ofLow Power Radio Senrvice. Memorandum Opinion and Order on Reconsideration, 15 FCC Rcd 19208
(2000) ("Reconsideration Order").
29 Id. at 19232-35, T 58-68; see 47 C.F.R. 73.809. The Reconsideration Order also modified spacing standards to
require LPFM stations to protect radio reading services for the blind. Reconsideration Order. 15 FCC Red at
19218-19, 23-24.
30 Reconsideration Order, 15 FCC Rcd at 19239-42. 79-84. The Reconsideration Order also addressed a number
of technical and ownership issues and clarified the eligibility rules for certain groups. See, e.g., id. at 19237-39,
72-77.
31 Pub. L. No. 106-553. 632. 114 Stat. 2762. 2762A-1 11 (2000).
32 Id
32id.
33ld
Id.
See Creation of a Low Power Radio Service, Second Report and Order. 16 FCC Rcd 8026, 8028-30, 5-9 (2001)
("Second LPFM Order").8
Federal Communications Commission
DA 12-2
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FCC Record, Volume 27, No. 1, Pages 1 to 936, January 3 - February 3, 2012 (Book)
Biweekly, comprehensive compilation of decisions, reports, public notices, and other documents of the U.S. Federal Communications Commission.
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 1, Pages 1 to 936, January 3 - February 3, 2012, book, February 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc171091/m1/23/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.