FCC Record, Volume 20, No. 8, Pages 5860 to 6853, March 16 - March 25, 2005 Page: 6,763

                                
I~il~LI.LFederal Comuncaton Commission~qPIg~IIBI~         FCC 05-75gl-I~I~IC-IWI

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
)
SECOND ORDER ON RECONSIDERATION AND
FURTHER NOTICE OF PROPOSED RULEMAKING
Adopted: March 16 2005                               Released: March 17, 2005
Coient Date: 30 days after publication in the Federal Register
Reply Comment Date: 45 days after publication in the Federal Register
By the Comission: Commissioners Copps and Adeistein issuing separate statements.
1      INTRODUCTION
1.    In January 2000, the Commission adopted rules establishing the low power FM
("LPFM") service.' We authorized the LPFM service to provide opportunities for new voices to be heard,
while at the same time maintaining the integrity of existing FM radio service and preserving its ability to
transition to a digil transmission mode.2 Since then, the experiences of LPFM applicants, permittees,
and licensees have demonstrated that the Commission's LPFM rules may need some adjustment in order
to ensure that we maximize the value of the LPFM service without harming the interests of full-power
FM stations or other Commission licensees. In this Second Order on Reconsideration, we modify our
rules governing minor changes and technical minor amendments for LPFM stations. We also clarify the
definition of locally originated programming for purposes of resolving mutually exclusive LPFM
applications. In the Further Notice of Proposed Rulemaking, we seek comment on a number of technical
and ownership issues related to LPFM. We believe this proceeding will result in an improved LPFM
service, while maintaiini g the integrity of theFM service.
HI.    BACKGROUND
2.    In the 2000 Report and Order, the Commission authorized two classes of LPFM service:
The LP100 class, consisting of stations with a maximum power of 100 watts effective radiated power
(EP) at 30 meters antenna height above average terrin  (HAAT), providing an FM service radius (
mV/m or 60 dBu) of approximately 3.5 miles (5.6 kilometers), and the LP10 class, consisting of stations
with a maximum power of 10 wats ERP at 30 meters    AAT, providing an FM  svice radius of
Creation of Low Power Radio Service, 15 FCC Rcd 2205 (2000) ("Report and Order").
2 d at 2206.
3 d. at 2211; 47 C.F.R.  73.811(a).

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Federal Commultmrtnications CommissioniLs~s

FCC 05-75