FCC Lends Helping Hand to Low Power FM Radio Stations
 
March 31, 2005
 

Low power FM (LPFM) radio stations have been around for about five years, but few communities in the U.S. can claim to have one.  These stations are designed to offer community-based radio service at very low power (100 watts, compared to full power FM stations which operate at up to 100,000 watts).  To date, about 600 LPFM stations are scattered across the country.

But, be prepared for many more LPFMs to come.  In one of his last acts before leaving office, Chairman Michael K. Powell of the Federal Communications Commission (FCC) bestowed a St. Patrick’s day gift on supporters of low power FM radio. Specifically, on March 17, 2005, the FCC issued a decision1 providing immediate relief to LPFM licensees and permittees, which does the following:

• imposes an immediate freeze on the granting of any new FM translator stations,2 thus leaving more frequencies available for LPFM use

• permits LPFM applicants, permittees and licensees to propose new transmitter sites up to 5.6 kilometers (3.48 miles) away from the original location

• allows the FCC’s Media Bureau to extend, on a case-by-case basis, the maximum construction period of a new LPFM station from 18 months to three years

• allows the FCC’s Media Bureau to grant waivers, on a case-by-case basis, of the current rule prohibiting the assignment or transfer of LPFM licenses

In addition, the FCC has proposed a number of new rules for the LPFM service.  These proposals, detailed below, are subject to a public comment period during which anyone may file comments.3  Interested parties have been asked to comment on the following proposals:

• a permanent rule permitting the assignment or transfer of control of LPFM licenses, rather than case-by-case basis review mentioned above4

• a rule authorizing ownership of multiple LPFM stations across the country or, in contrast, a rule restricting LPFM ownership to “local” entities

• permission for LPFM operators licensed under a time-share arrangement to obtain renewals of their FCC license

• a permanent rule giving LPFM construction permit holders three years to build their stations;

• permission for timeshare proponents to propose a centralized transmitter facility rather than scattered transmitter sites

Finally, and perhaps most importantly, the FCC is proposing new rules to protect LPFM stations from FM translator stations and subsequently authorized full-power FM facilities that would interfere with the LPFM station’s signal. 

One issue that remains unaddressed by the FCC is the controversial issue of allowing LPFM stations to operate on channels that would be third adjacent to full power FM stations.5  That issue can only be resolved by the United States Congress, which passed legislation in December 2000 prohibiting such operations.  Senator McCain has proposed legislation to override the 2000 legislation, but it remains to be seen whether the bill will become law.

In any event, the proposals discussed above are highly important for a radio service that has failed to reach its full potential.  In the days of iPods, satellite radio and digital broadcast radio, LPFM may get lost in the shuffle, but the FCC’s proposals could be the helping hand that LPFM supporters need.

For more information, e-mail David A. O’Connor at david.oconnor@hklaw.com or call toll free, 1-888-688-8500.

 

1.  Creation of a Low Power Radio Service, Second Order on Reconsideration and Further Notice of Proposed Rulemaking, MM Docket No. 99-25, FCC 05-75 (rel. Mar. 17, 2005).

2. An FM translator station does not provide any original programming.  Rather, it typically takes an off-the-air signal of a full-power FM station and rebroadcasts the station’s programming on another frequency.  For example, a translator could pick up the signal of a full-power station operating on 99.9 MHz and rebroadcast that signal on 107.9 MHz.

3.  Comments will be due 30 days after the FCC’s decision is published in the Federal Register, and reply comments will be due 15 days after comments are due.  As of this writing, the FCC’s decision has not yet been published in the Federal Register.

4. Gradual changes in ownership are currently permitted, but no formal guidelines or procedures exist.  The FCC’s proposal would permit sudden changes to membership of governing boards, and the FCC is seeking comment on whether to further liberalize the service by permitting outright sales of LPFM licenses, for profit.

5. For example, on the FM dial, 91.7 is considered third adjacent to 91.1, with 91.3 and 91.5 first and second-adjacent to 91.1, respectively.