FCC Record, Volume 16, No. 11, Pages 7511 to 8388, April 2 - April 13, 2001 Page: 8,026

                                
C-r ~ ~ ~ ~ ~ ~ eea l I  I I  o m u n i  I I  II  FI  I-I I  0

Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of                            )
Creation of a Low                           )
Power Radio Service                         )     MM Docket No. 99-25
)
)      ARM-9208
)     RM-9242
SECOND REPORT AND ORDER
Adopted: March 22, 2001                              Released: April 2, 2001
By the Commission: Commissioner Furchtgott-Roth approving in part, dissenting in part and issuing a
statement.
1. On December 21, 2000, President Clinton signed into law "Making Appropriations for the
Government of the District of Columbia for FY 2001" (the "Act").' Section 632(a) of the Act requires
the Commission to modify its rules for the low power FM ("LPFM") service' to prescribe LPFM station
third adjacent channel interference protection standards and to prohibit any applicant from obtaining an
LPFM station license if the applicant has engaged in the unlicensed operation of a station in violation of
Section 301 of the Communications Act of 1934, as amended.3 This Report and Order codifies these
requirements and disposes of those pending LPFM new station applications directly impacted by these
changes. In addition, it defines the scope of permissible minor amendments that may be filed by LPFM
applicants outside window filing periods.
I. Third Adjacent Channel Protection Requirements
2.  Section 632(a)(1)(A) of the Act requires the Commission to modify its LPFM rules to
"prescribe minimum distance separations for third adjacent channels as well as for co-channels and firstand
second-adjacent channels)[.]" In Creation of Low Power Radio Service, Report and Order, 15 FCC
Rcd 2205 (2000) ("LPFMR&O") the Commission adopted distance separation requirements for LPFM
stations.4 Under Section 73.807, an LPFM station must meet specified co-, first-, and second adjacent
channel spacings and IF channel spacings to full power FM and FM translator stations, and co- and first
' Pub. L. No. 106-553, 114 Stat. 2762 (2000).
2 See Report and Order, MM Docket. No. 99-25, 15 FCC Rcd. 2205, reconsideration generally denied,
Memorandum Opinion and Order, 15 FCC Rcd 19,208 (2000).
3 47 U.S.C.  301.
4See 47 C.F.R  73.807.

8026

FCC 01-100

Fed~erall C3ommunications Co~mmission