FCC Web Documents citing 73.807
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- during this window must protect all FM, FM Translator, FM Booster, and TV Channel 6 authorizations. LPFM applications also must protect pending broadcast applications in these services that were filed prior to the date of this Notice, along with LPFM applications filed in the previous filing windows. Finally, LPFM applications must protect existing vacant FM allotments. See 47 C.F.R. 73.807 and 73.825. An LPFM application that fails to protect these authorizations, applications, and allotments will be dismissed with no opportunity to correct the deficiency. Each applicant must be a nonprofit educational organization, a nonprofit educational institution or must propose a noncommercial public safety radio service. Please note, when completing FCC Form 318, the name of the organization or institution must
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- window for states in Groups 4 and 5 to speed the filing process for applicants in these remaining states. However, to accommodate those applicants for states and territories originally included in Window 5, we are providing 60 days, rather than the typical 30, to prepare applications. Applicants should be aware that the Commission recently codified two Congressionally-mandated rule changes. Section 73.807, as modified, now requires that LPFM stations meet prescribed minimum distance separations to full service FM and FM translator stations operating on third adjacent channels. Section 73.854 now prohibits an applicant from obtaining an LPFM license if that applicant, or any party to the application has engaged in any manner in the unlicensed operation of any station in violation of
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- en banc filed by the United States and the Commission. Rehearing by the full court in the Ruggiero case is currently pending. For LP100 stations applications all changes in channel and changes in site greater than 2.0 kilometers would be considered ``major.'' See 47 C.F.R. 73.871(c). See Second R&O, at 8029-30. See R&O at 2256-57. See 47 C.F.R. 73.807 and 73.825. Applications filed earlier in the window will not receive any preference over those filed later in the window. Ownership amendments that would result in more than a 50 % change in the ownership an applicant will not be permitted. Major change amendments will not be permitted to correct any technical defects other then third-adjacent channel short-spacings. Major changes
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- Mississippi, Nevada, New Hampshire, Puerto Rico, Virginia, and Wyoming, DA 00-1697 (rel. July 28, 2000). See Creation of a Low Power Radio Service, 16 FCC Rcd 8026 (2001) (``Second LPFM R&O'') (implementing the statute included in ``Making Appropriations for the Government of the District of Columbia for FY 2001,'' Pub. L. No. 106-553 114 Stat. 2762 (2000)). See also 47 C.F.R.73.807. Such applications were identified by the staff and included as Appendices A and B of the Second LPFM R&O. See Media Bureau to Open Low Power FM Major Amendment Window from October 28, through November 1, 2002, for Certain Pending New Station Applications Procedures Announced to Permit Certain Applicants to Comply with Third-adjacent Channel Protection Requirements, DA 02-2178, (rel. September
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- hours regarding a proposed national monument for forest service lands in southwest Oklahoma.'' Id. See also affidavit of Romain Cooper, appended as Exhibit 2 to the TCA response. Id. Yonce used the airname ``Ruby Rosemary'' when on the air for TFR. Id at 3. See Pub. L. No. 106-553, 114 Stat. 2762 (2000) (``Appropriations Act''), codified in 47 C.F.R. 73.807; see also Ruggiero v. FCC, 278 F.3d 1323 (D.C. Cir. 2002), rev'd en banc, 317 F.3d 239 (D.C. Cir. 2003). Id. See also Creation of Low Power Radio Service, Second Report & Order, 16 FCC Rcd 8026, 8030 (2001) (``Second Report & Order'') and Ruggiero v. FCC, 317 F.3d 239, 241 (D.C.Cir.2003). In the Second Report and Order, the Commission
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- Channel 257A at Cridersville will force Station WBWH-LP to cease operation because the LPFM station would cause interference to the Cridersville allotment. Bluffton University recognizes that LPFMs are secondary to FM commercial stations. Bluffton University states that preliminary inquiry reveals that two other channels are available at Station WBWH-LP's authorized site that may meet the minimum spacing requirements of Section 73.807 of the Commission's rules. As such, the entity requests that we set forth the procedures to follow in the context of this proceeding. 4. Discussion. We find that the public interest would be served by allotting Channel 257A at Cridersville, Ohio, as its first local service. As discussed in the Notice, Channel 257A can be allotted consistent with the Commission's
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- filed its license application. Discussion. In its objection, Susquehanna states that Central's proposal is 35 kilometers short-spaced to WABZ-FM's authorized modified facilities, which will result in interference within WABZ-FM's 70 and 60 dBu contours. tion was properly accepted for filing on September 3, 2003. Susquehanna's modification application was granted on January 6, 2004. Thus, pursuant to the requirements of Sections 73.807 and 73.809 specified above, WABZ-FM's modified facilities were ``subsequently authorized'' and the grant of the WABZ-FM modification application does not result in Central's proposal becoming noncompliant with the Commission's distance separation requirements. The change in WABZ-FM's facility, however, does result in Central's application causing predicted interference within WABZ-FM's principal community contour at its currently permitted site for Indian Trail. Such
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- the above-captioned application (the ``Application'') of Thin Air Community Radio (``Thin Air'') to modify the licensed facilities of KYRS-LP, Spokane, WA. Thin Air proposes to change operations from Channel 237 to Channel 210 at its licensed site. Background. The proposed facility is short-spaced to second-adjacent channel Station KEWU-FM, Cheney, WA, licensed to Eastern Washington University (``EWU''), in violation of Section 73.807 of the Commission's Rules. Thin Air recognizes this violation and requests waiver of the minimum distance separation provisions of Section 73.807. The waiver is requested so KYRS can modify its facilities prior to commencement of program test operations by co-channel Station KPND(FM), Sandpoint, ID. In support of the waiver request, KYRS submits an engineering study based on the relative signal
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- Belle Meade, Goodlettsville, Hendersonville, Manchester and Millersville, Tennessee, Notice of Proposed Rule Making, 21 FCC Rcd 3560 (MB 2006). See Modification of FM and TV Authorizations to Specify a New Community of License (``Community of License''), Report and Order, 4 FCC Rcd 4870 (1989), recon. granted in part, Memorandum Opinion and Order, 5 FCC Rcd 7094 (1990). 47 C.F.R. 73.807(a). This proposal is identical to a Counterproposal filed by Indiana Community in MB Docket No. 05-17. In that proceeding, we dismissed the Counterproposal because it was contingent on the reallotment of Channel 262A from Connersville, Indiana, to Norwood, Ohio, and, in addition, would be short-spaced to Station WWKI. Connersville, Madison and Richmond, Indiana, Erlanger Lebanon, Lebanon Junction, New Haven and
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- to a proposed buyer is whether the assignee/transferee possesses the requisite qualifications to be a Commission licensee. See, e.g., MG-TV Broadcasting Co. v. FCC, 408 F.2d 1257, 1264 (D.C. Cir. 1968). 47 C.F.R. 73.870(b). Staff analysis has established that a rule-compliant minimum Class A NCE FM facility cannot be authorized in the Kilgore, Texas area. 47 C.F.R. 73.807, 73.808, 73.811, 73.812, 73.813, 73.816, 73.840, 73.845. 47 C.F.R. 73.809, 73.810, 73.825, 73.827. 47 C.F.R. 73.855, 73.858, 73.860. 47 C.F.R. 73.853. 47 U.S.C. 309(b). Ashbacker Radio Corp. v. FCC, 326 U.S. 327 (1945) (``Ashbacker'') (Under Ashbacker, the Commission may not grant one application without considering mutually exclusive proposals). 47 C.F.R. 73.872. Federal Communications Commission Washington,
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- the Chief, Media Bureau -FCC- Local Community Radio Act of 2010, Pub. L. No. 111-371, 124 Stat. 4072 (2011). For example, the statute requires the Commission to modify its rules in order to eliminate third-adjacent minimum distance separation requirements between LPFM stations and full-service FM stations, FM translator stations, and FM booster stations. LCRA 3(a). See 47 C.F.R. 73.807. The LCRA also permits the Commission to grant LPFM stations waivers of the second-adjacent channel distance separation requirements in certain circumstances. LCRA 3(b)(2). The statute further mandates that the Commission take certain factors into account when licensing LPFM stations, FM translator stations, and FM booster stations. Id. 5. The Commission created the LPFM service in 2000 to ``provide
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- use that terminology in this Report and the Economic Study. See id. 8(a). Appendix B contains a list of parties that filed comments and reply comments in this docket and includes abbreviations used in this document to reference those parties. 47 C.F.R. 0.283. See H.R. Rep. No. 111-706, at 48 (2011). LCRA 3(a). See 47 C.F.R. 73.807. LCRA 3(b)(2). Id. 5. Creation of A Low Power Radio Service and Amendment of Service and Eligibility Rules for FM Broadcast Translator Stations, Third Further Notice of Proposed Rule Making, 26 FCC Rcd 9986 (2011) (``Third Further Notice''). LCRA 8(a). Id. 8(b). Id. 8(c). But see NAB Comments at 4 n.8 (suggesting that the Commission
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- given that the low power FM (LPFM) broadcast applications listed in the attached appendix are accepted for filing. The listed applications were properly filed during the first or second LPFM window and are not in conflict with any other application filed during these windows. Each of the applications also fully complies with LPFM station protection requirements. See 47 C.F.R. 73.807(a)(1). In addition, the attached appendix takes into account the requirements of recent legislation. First, the facilities proposed in these applications fully protect full service FM and FM translator stations authorized on third-adjacent channels. Secondly, applicants submitting the listed applications have not, according to their certifications, engaged in the unlicensed operation of any broadcast station. Petitions to deny the applications listed
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- Order (Second R&O) adopts modifications to the LPFM service rules implementing provisions of the FY 2001 Appropriations Act (``Act''). The Act, at section 632(2)(1)(A), required the FCC to modify its LPFM rules to ``prescribe minimum distance separations for third adjacent channels as well as for co-channels and first- and second-adjacent channels.'' To implement the Act, the FCC has revised Section 73.807 to include minimum distance separations between LPFM stations and full power FM and FM translator stations operating on channels third adjacent to any new LPFM stations. These third adjacent spacings are standard consistent with current full power FM station third adjacent channel protection levels. The Act required the FCC to modify its rules to ``prohibit any applicant from obtaining a
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- FM (LPFM) broadcast applications listed in the attached appendix are accepted for filing. The listed applications were properly filed during the third LPFM LPFM window (January 16-22, 2001) or earlier windows and are not in conflict with any other application filed during these windows. Each of the applications also fully complies with LPFM station protection requirements. See 47 C.F.R. 73.807(a)(1). Petitions to deny the applications listed in the attached appendix and minor amendments to the applications must be on file with the Commission not later than the close of business on September 17, 2001. Amendments filed pursuant to this notice must be classified as ``minor'' under the provisions of 47 C.F.R 73.871. Groups of mutually exclusive applications that were
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- power FM (LPFM) broadcast applications listed in the attached appendix are accepted for filing. The listed applications were properly filed during the fourth LPFM window (June 11-15, 2001) or earlier windows and are not in conflict with any other application filed during these windows. Each of the applications also fully complies with LPFM station protection requirements. See 47 C.F.R. 73.807(a)(1). Petitions to deny the applications listed in the attached appendix and minor amendments to the applications must be on file with the Commission not later than the close of business on April 10, 2002. Amendments filed pursuant to this notice must be classified as ``minor'' under the provisions of 47 C.F.R 73.871. Groups of mutually exclusive applications that were
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- power FM (LPFM) broadcast applications listed in the attached appendix are accepted for filing. The listed applications were properly filed during the fourth LPFM window (June 11-15, 2001) or earlier windows and are not in conflict with any other application filed during these windows. Each of the applications also fully complies with LPFM station protection requirements. See 47 C.F.R. 73.807(a)(1). Petitions to deny the applications listed in the attached appendix and minor amendments to the applications must be on file with the Commission not later than the close of business on June 24, 2002. Amendments filed pursuant to this notice must be classified as ``minor'' under the provisions of 47 C.F.R 73.871. Groups of mutually exclusive applications that were
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- power FM (LPFM) broadcast applications listed in the attached appendix are accepted for filing. The listed applications were properly filed during the fourth LPFM window (June 11-15, 2001) or earlier windows and are not in conflict with any other application filed during these windows. Each of the applications also fully complies with LPFM station protection requirements. See 47 C.F.R. 73.807(a)(1). Petitions to deny the applications listed in the attached appendix and minor amendments to the applications must be on file with the Commission not later than the close of business on October 7, 2002. Amendments filed pursuant to this notice must be classified as ``minor'' under the provisions of 47 C.F.R 73.871. Groups of mutually exclusive applications that were
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- power FM (LPFM) broadcast applications listed in the attached appendix are accepted for filing. The listed applications were properly filed during the fourth LPFM window (June 11-15, 2001) or earlier windows and are not in conflict with any other application filed during these windows. Each of the applications also fully complies with LPFM station protection requirements. See 47 C.F.R. 73.807(a)(1). Petitions to deny the applications listed in the attached appendix and minor amendments to the applications must be on file with the Commission not later than the close of business on November 15, 2002. Amendments filed pursuant to this notice must be classified as ``minor'' under the provisions of 47 C.F.R 73.871. Groups of mutually exclusive applications that were
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- OF PETITIONS TO DENY DEADLINE Report No. LPFM-S-7 Released: February 13, 2003 NOTICE is hereby given that the low power FM (LPFM) broadcast applications listed in the attached appendix are accepted for filing. The listed applications do not conflict with any other LPFM applications. Each of the applications also fully complies with LPFM station protection requirements. See 47 C.F.R. 73.807(a)(1). Petitions to deny the applications listed in the attached appendix and minor amendments to the applications must be on file with the Commission not later than the close of business on March 17, 2003. Amendments filed pursuant to this notice must be classified as ``minor'' under the provisions of 47 C.F.R 73.871. FCC Attachment APPENDIX BNPL-20000530AAL NEW BAKERSFIELD, CA
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- OF PETITIONS TO DENY DEADLINE Report No. LPFM-S-8 Released: April 17, 2003 NOTICE is hereby given that the low power FM (LPFM) broadcast applications listed in the attached appendix are accepted for filing. The listed applications do not conflict with any other LPFM applications. Each of the applications also fully complies with LPFM station protection requirements. See 47 C.F.R. 73.807(a)(1). Petitions to deny the applications listed in the attached appendix and minor amendments to the applications must be on file with the Commission not later than the close of business on May 19, 2003. Amendments filed pursuant to this notice must be classified as ``minor'' under the provisions of 47 C.F.R 73.871. FCC Attachment APPENDIX BNPL-20000530ABF NEW PINEVILLE, LA
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- Comment Sought on The Mitre Corporation's Technical Report, "Experimental Measurements of the Third-Adjacent Channel Impacts of Low Power FM Stations," DA 03-2277 (rel. July 11, 2003). NPR/IAAIS Motion for Further Extension of Time (filed Aug. 8, 2003). Order, DA 03-2767 (rel. Aug. 29, 2003) (MM Docket No. 99-25). See 47 C.F.R. 73.810 and 73.827. See 47 C.F.R. 73.807(a)(2) and 73.807(b)(2). d g - h gd h h h h h gd 0 0
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit Report No. 2676 October 08, 2004 CONSUMER & GOVERNMENTAL AFFAIRS BUREAU REFERENCE INFORMATION CENTER ------------------------------------------------------------------------ ------------------------------------------------------------------------ ------------------- RM NO. RULES SEC. PETITIONER DATE RECEIVED NATURE OF PETITION ------------------------------------------------------------------------ ------------------------------------------------------------------------ ------------------- 11099 73.807 & New Jersey Broad- 05/27/2004 In the Matter of the Commission's Rules with 74.1204(a) casters Association regards to the prevention of further deterioration to the New Jersey FM band broadcast environment, (Filed By: John F. Garziglia, the petition proposes 1) amend the rules to require Womble Carlyle Sandridge & FM translator and LPFM stations requesting to Rice, PLLC operate in
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- MEDIA ASSOCIATION, INC. (OLD BOARD) To: EAST TEXAS MEDIA FOUNDATION, INC. (NEW BOARD) Form 316 EAST TEXAS MEDIA ASSOCIATION, INC. KBJS 18259 BTCED-20090401AMD TX 04/10/2009 Actions of: LOW POWER FM APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY DISMISSED , GREELEY 104.7 MHZ E CO Low Power FM minor change in licensed facilities. Dismissed by letter 4/10/2009 (47 CFR Section 73.807 violation) PLYMOUTH GATHERING INC. KELS-LP 131356 BPL-20090326ACU CO Page 1 of 21 Broadcast Actions 4/15/2009 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases and texts202 / 418-2222 202 / 418-0500 News media information REPORT NO.46964 APPLICANT AND LOCATION CALL LETTERS N A T U R E O F A P P L I
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- of power, compared to full-power stations that operate with minimum power of 6,000 to 100,000 watts. To prevent interference between LPFM stations and full-power stations near each other on the FM dial, minimum distance requirements were established for co-channel and first- and second-adjacent channel LPFM stations but not for third- adjacent channels. Id. at 2,206-07; see also 47 C.F.R. 73.807 (2007).1 The Commission found that third-adjacent channel LPFM stations would not cause "significant new interference to the service of existing FM stations," and that "any small amount of interference that may occur in individual cases would be outweighed by the benefits of new low power FM stations." 2000 Order at 2,246 104. The Commission imposed minimum distance requirements for
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- APPLICATIONS FOR CP EXTENSION DISMISSED , MADISON CHAN-49 E WI Extension of time to complete digital construction permit: BPCDT-20090209AGC WMSN LICENSEE, LLC WMSN-TV 10221 BEPCDT-20090612ACR WI LOW POWER FM APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY DISMISSED , CORPUS CHRISTI 107.9 MHZ E TX Low Power FM minor change in licensed facilities. Dismissed by letter 6/12/2009 (47 CFR Section 73.807 violation) COMUNIDAD CRISTIANA OF CORPUS CHRISTI KXVR-LP 134465 BPL-20090603AGY TX FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT DISMISSED , NEVADA 88.1 MHZ E OH CP New Station. Dismissed 5/8/2009 per DA 09-735 - no letter sent Settlement agreement granted 6/12/2009 Application dismissal rescinded 6/12/2009 Application dismissed per settlement agreement 6/12/2009 (No letter sent) CLYDE EDUCATIONAL BROADCASTING FOUNDATION NEW 171801 BNPED-20071012AHB
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- BLDVA-20090824ABG FL LOW POWER FM APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY DISMISSED , HAZARD 100.3 MHZ E KY Low Power FM minor change in licensed facilities. Dismissed by letter 9/1/2009 HAZARD COMMUNITY BROADCASTING WRZD-LP 135664 BPL-20090817AAA KY , WALTON 100.7 MHZ E KY Low Power FM minor change in licensed facilities. Dismissed by letter 9/1/2009 (47 CFR Section 73.807 violation) SGM, INC. WZFR-LP 135059 BPL-20090819AHD KY FM STATION APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT DISMISSED , MOBERLY 88.7 MHZ E MO Modification of CP BNPED-20071022BTF Dismissed 9/1/2009 via public notice only (no letter sent), as this application was supplanted by "amendment" BMPED-20090811ABI SUNNYDALE SEVENTH-DAY ADVENTIST CHURCH KSDQ 176877 BMPED-20090629AAK MO Page 2 of 8 Broadcast Actions 9/4/2009
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- N. COURTNEY To: WENDELL D. GRAY Form 314 DAVID N. COURTNEY WBCE 71209 BAL-20110211ACU KY 04/05/2011 Actions of: LOW POWER FM APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY DISMISSED , SACRAMENTO 97.5 MHZ E CA Low Power FM minor change in licensed facilities. Informal Objection Filed 11/18/2010 by Entercon Sacramento License LLC Dismissed by letter 4/5/2011 (47 CFR Section 73.807 violation) Informal Objection dismissed as moot 4/5/2011 CALIFORNIA BLACK CHAMBER OF COMMERCE KDEE-LP 123915 BPL-20101014AAN CA AM STATION APPLICATIONS FOR ASSIGNMENT OF LICENSE GRANTED , DELTA 540 KHZ E UT Voluntary Assignment of License From: ACCENT RADIO, INC. To: CURT CROSBY Form 314 ACCENT RADIO, INC. KNAK 35207 BAL-20110218ACG UT Page 1 of 22 Broadcast Actions 4/8/2011 PUBLIC NOTICEFederal Communications
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- I C A T I O N STATEFILE NUMBER E/P LOW POWER FM APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY KDEE-LP 123915 CALIFORNIA BLACK CHAMBER OF COMMERCE CA SACRAMENTO , CA BPL-20101014AAN 97.7 MHZ E Low Power FM minor change in licensed facilities. Informal Objection Filed 11/18/2010 by Entercon Sacramento License LLC Dismissed by letter 4/5/2011 (47 CFR Section 73.807 violation) Informal Objection dismissed as moot 4/5/2011 Informal Objection Filed 04/06/2011 by Entercon Sacramento License LLC FM STATION APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT ACCEPTED FOR FILING NEW 173521 WESTERN INSPIRATIONAL BROADCASTERS, INC. CA BIG PINE , CA BMPED-20110510AEN 91.3 MHZ E Mod of CP to chg FM TRANSLATOR APPLICATIONS FOR MODIFICATION OF LICENSE ACCEPTED FOR FILING W239BL
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- Actions of: AM STATION APPLICATIONS FOR MODIFICATION OF LICENSE DISMISSED , ADA 1680 KHZ P MI License to modify. Dismissed 3/9/2012. No letter sent GOODRICH RADIO, LLC WPRR 87106 BML-20120213ACC MI LOW POWER FM APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY DISMISSED , MELBOURNE 93.1 MHZ E FL Low Power FM minor change in licensed facilities. Waiver of Section 73.807 denied and application dismissed by letter dated 3/9/12 BREVARD YOUTH EDUCATION BROADCASTING CORPORATION WGRV-LP 135636 BPL-20120222AAC FL Page 2 of 17 Broadcast Actions 3/14/2012 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases and texts202 / 418-2222 202 / 418-0500 News media information REPORT NO.47694 APPLICANT AND LOCATION CALL LETTERS N A T U
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- power television (LPTV) and television translator stations operating on TV Channel 6. Accordingly, we will amend 73.825 to include additional minimum distance separation requirements which we believe will be adequate to protect the service provided by the Class A TV, LPTV and television translator facilities. Spacing Table. An anomaly in the minimum distance separation requirements of 47 C.F.R. 73.807(g) has come to our attention. Specifically, the tables specify greater 2nd adjacent channel spacing requirements to Canadian stations from LP10 stations than from LP100 stations. When considering low-powered facilities at very high signal strengths, the Commission's F(50,50) curves often must be used instead of its F(50,10) curves. However, in some cases the staff must utilize the ``free space equation'' formula
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- 73.515 NCE FM Transmitter Location The transmitter location shall be chosen so that, on the basis of effective radiated power and antenna height above average terrain employed, a minimum field strength of l mV/m (60 dBu) will be provided over at least 50 percent of its community of license or reach 50 percent of the population within the community. 73.807 Minimum distance separation between stations, is amended as follows * * * * * (a)(1) An LP100 station will not be authorized initially unless the minimum distance separations in the following table are met with respect to authorized FM stations, timely-filed applications for new and existing FM stations, authorized LP100 stations, LP100 station applications that were timely-filed within a previous
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- 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 first- and second-adjacent channels)[.]'' In Creation of Low Power Radio Service, Report and Order, 15 FCC Rcd 2205 (2000) (``LPFM R&O'') the Commission adopted distance separation requirements for LPFM stations. 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 adjacent channel spacings to other LPFM stations. Although the Commission declined to adopt standards to protect either full or low power FM stations operating on third adjacent channels. i.e., on channels
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- 345 F.2d 730 (D.C. Cir. 1965). WAIT Radio v. FCC, 418 F.2d 1153, 1157 (D.C. Cir. 1969). See ``Making Appropriations for the Government of the District of Columbia for FY 2001,'' Pub. L. No. 106-553, 114 Stat. 2762 (2000). In the Matter of Creation of a Low Power Radio Service, 16 FCC Rcd 8029 (2001). See also 47 C.F.R. 73.807(a)(1). See generally Review of Technical Parameters for FM Allocation Rules of Part 73, 2 FCC Rcd 5693 (1987). LPFM applicants proposing local program origination receive a preference in resolving LPFM application mutual exclusivities. Id. at 2259 and 47 C.F.R. 73.872(b)(3). See Amendment of Part 74 of the FM Commission's Rules Concerning Translator Stations, 5 FCC Rcd 7212 (1990); see
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- pleading is styled as a ``Memorandum'' requesting ``Review by the full Commission.'' We will consider the pleading as an Application for Review under 47 C.F.R. 1.115. Letter to Angelo State University, reference 1800B3 (M.Bur. Nov. 15, 2002). Application BNPL-20010611AEH. See Public Notice, Low Power FM Filing Window, 16 FCC Rcd 7915 (MMB Apr. 10, 2001), citing 47 C.F.R. 73.807, and stating, ``LPFM applications filed during this window must protect all FM, FM Translator, FM Booster, and TV Channel 6 authorizations. LPFM applications must also protect pending broadcast applications in these services that were filed prior to the date of this Notice, along with LPFM applications filed in the previous filing windows.'' See 47 C.F.R. 73.807. Id. ASU requested
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- 6691, 6695 n.28 (2003). See Ancillary or Supplementary Use of Digital Television Capacity by Noncommercial Licensees, 16 FCC Rcd 19042 (2001) (``DTV NCE A&S Order''). Id. , 327 F.3d 1222 (D.C. Cir., 2003) (``UCC'' decision). See generally Creation of Low Power Radio Service, 15 FCC Rcd 2205 (2000). In response to the DCAA, the Commission codified two rule changes. Section 73.807, as modified, now requires that LPFM stations meet prescribed minimum distance separations to full service FM and FM translator stations operating on third adjacent channels. Section 73.854 now prohibits an applicant from obtaining an LPFM license if that applicant, or any party to the application, has engaged in any manner in the unlicensed operation of any station in violation of
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- parties filed petitions to deny or informal objections in response to the other captioned applications. For the reasons set forth herein, we deny the RTN objection. II. DISCUSSION 2. In its objection, RTN alleges that the grant of Iglesia's application would cause interference to FM translator station W244BE. LPFM applications must meet the minimum spacing requirements set forth in Section 73.807(d) with respect to FM translators. According to Section 73.807(d), the required spacing between an LPFM and a first-adjacent translator with a 60 dBu distance of less than 7.3 kilometers is 15 kilometers. The actual distance between Iglesia's LPFM application and W244BE is 15 kilometers. Therefore, the application is in compliance with Section 73.807(d). Accordingly, we find RTN's informal objection to
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- raise a substantial and material question that granting this application would be contrary to the public interest. Furthermore, we have examined the subject proposal and find that it complies with all applicable statutory and regulatory provisions. 4. FMEMA Informal Objections. In its objections, FMEMA argues that the CCG, Faith Presbyterian, and Civic Media applications should be denied, pursuant to Section 73.807, for failing to meet separation requirements for all new LPFM applications. Each of these applicants specifies the same transmitter site. FMEMA argues that because only one LPFM proposal can be authorized at those coordinates, only applicants applying for the same channel with differing transmitting site locations, ``within the same 5.6 contour area,'' are to be considered ``mutually exclusive.'' FMEMA argues
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- 2007 Comment Date: [30 days after date of publication in the Federal Register] Reply Comment Date: [45 days after date of publication in the Federal Register] By the Commission: Chairman Martin; Commissioners Copps, and Adelstein issuing separate statements. Commissioners Tate and McDowell approving in part, dissenting in part, and issuing separate statements. Table of Contents Heading Paragraph # b. Section 73.807 Second-Adjacent Channel Waiver Standard 64 c. LPFM Station Displacement 68 E. LPFM-FM Translator Protection Priorities 84 Paperwork Reduction Act Analysis 91 Congressional Review Act 94 Additional Information 95 VII. ORDERING CLAUSES 96 APPENDIX A - List of Commenters and Reply Commenters APPENDIX B - Rule Changes APPENDIX C - Initial Regulatory Flexibility Analysis APPENDIX D - Final Regulatory Flexibility Analysis
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- reasons set forth below, we deny the Application for Review. 2. In December of 2000, Congress passed the ``Making Appropriations for the Government of the District of Columbia for FY 2001'' Act (``the Act''), which required the Commission to modify its rules to prescribe LPFM station third-adjacent channel interference protection standards. In response to this mandate, the Commission amended Section 73.807 of the Commission's Rules (the ``Rules''). It also modified the Commission-developed ``Channel Finder'' tool prior to the opening of the third LPFM window to include third-adjacent channel protection standards. Applicants using that tool - as suggested by the Public Notice announcing the third LPFM filing window -- were advised of the third-adjacent channel protection requirements. Iglesia participated in the third
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- any translator applications immediately, and to defer consideration of all translator applications until after the next LPFM window. Only those translator applications in conflict with LPFM filings would ultimately be dismissed under this approach. However, for the reasons stated above, we may implement this approach only if we conclude that Section 5(3) does not bar the Commission from waiving Section 73.807(d). We seek comment on the lawfulness of this licensing procedure. This approach also would necessarily delay further the processing of translator applications, filed in the 2003 window and now frozen for six years, until after the close of the next LPFM window. It is also possible that this approach would increase the disparity between the number of LPFM and translator
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- to delete the requirements that the Commission establish and maintain minimum distance separations for third-adjacent channels. It essentially lays the groundwork for Section 3(a) of the LCRA, which requires the Commission to ``modify its rules to eliminate third-adjacent minimum distance separation requirements between-(1) low-power FM stations; and (2) full service FM stations, FM translator stations, and FM booster stations.'' Section 73.807 of the Commission's rules currently sets forth these spacing requirements. We hereby delete the provisions requiring protection of third-adjacent channel stations set forth in that section, with the exception of Sections 73.807(a)(2), (b)(2) and (g). Protection of Radio Reading Services Radio reading services provide access to printed news and other information sources for blind or print-disabled persons. They are transmitted
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- Third Report and Order, 15 FCC Rcd at 9993. See also infra, 39. Id. at 9992. See LCRA, Sec. 3(a) (eliminating LPFM third adjacent channel distance separation requirements) and 3(b)(2) (authorizing the Commission to waive second adjacent chancel distance separation requirements). Comments of NAB at 16. See Third Further Notice, 26 FCC Rcd at 9990-91. See 47 C.F.R. 73.807(d) (requiring LPFM applications to meet minimum distance separation requirements with respect to ``authorized FM translator stations, cutoff FM translator applications, and FM translator applications filed prior to the release of the Public Notice announcing the LPFM window''). Third Further Notice, 26 FCC Rcd at 9994. Comments of Joint LPFM Advocates at 24-25 Id. at 24-25. Id. at 24-25. Id. at
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- Order (Second R&O) adopts modifications to the LPFM service rules implementing provisions of the FY 2001 Appropriations Act (Act). The Act, at section 632(2)(1)(A), required the FCC to modify its LPFM rules to prescribe minimum distance separations for third adjacent channels as well as for co-channels and first- and second-adjacent channels. To implement the Act, the FCC has revised Section 73.807 to include minimum distance separations between LPFM stations and full power FM and FM translator stations operating on channels third adjacent to any new LPFM stations. These third adjacent spacings are standard consistent with current full power FM station third adjacent channel protection levels. The Act required the FCC to modify its rules to prohibit any applicant from obtaining a
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- power station to an existing station's service would be limited to areas very close to the low power stations transmitter.23 In addition, the required minimum spacings between low power stations will greatly limit the maximum number of such stations that can operate 20 Report and Order, 15 FCC Rcd at 2206-07, 2 - 3. 21 For informational purposes, Section 73.807 provides minimum distance separations necessary for an LPFM station to receive no interference from the various classes of FM stations. 47 C.F.R. 73.807. 22 Report and Order, 15 FCC Rcd at 2206 2. 23 Id. at 2245-46, 102 104. Federal Communications Commission FCC 00-349 10 within an existing station's service area on the 3rd adjacent channel.
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- The transmitter location shall be chosen so that, on the basis of effective radiated power and antenna height above average terrain employed, a minimum field strength of l mV/m (60 dBu) will be provided over at least 50 percent of its community of license or reach 50 percent of the population within the community. Federal Communications Commission FCC 00-368 35 73.807 Minimum distance separation between stations, is amended as follows * * * * * (a)(1) An LP100 station will not be authorized initially unless the minimum distance separations in the following table are met with respect to authorized FM stations, timely-filed applications for new and existing FM stations, authorized LP100 stations, LP100 station applications that were timely-filed within a previous
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- 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 first- and second-adjacent channels)[.]'' In Creation of Low Power Radio Service, Report and Order, 15 FCC Rcd 2205 (2000) (``LPFM R&O'') the Commission adopted distance separation requirements for LPFM stations. 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 adjacent channel spacings to other LPFM stations. Although the Commission declined to adopt standards to protect either full or low power FM stations operating on third adjacent channels. i.e., on channels
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- window for states in Groups 4 and 5 to speed the filing process for applicants in these remaining states. However, to accommodate those applicants for states and territories originally included in Window 5, we are providing 60 days, rather than the typical 30, to prepare applications. Applicants should be aware that the Commission recently codified two Congressionally-mandated rule changes. Section 73.807, as modified, now requires that LPFM stations meet prescribed minimum distance separations to full service FM and FM translator stations operating on third adjacent channels. Section 73.854 now prohibits an applicant from obtaining an LPFM license if that applicant, or any party to the application has engaged in any manner in the unlicensed operation of any station in violation of
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- released in approximately three months. Filing Requirements. LPFM applications filed during this window must protect all FM, FM Translator, FM Booster, and TV Channel 6 authorizations. LPFM applications also must protect pending broadcast applications in these services that were filed prior to the date of this Notice. Finally, LPFM applications must protect existing vacant FM allotments. See 47 C.F.R. 73.807 and 73.825. An LPFM application that fails to protect these authorizations, applications, and allotments will be dismissed with no opportunity to correct the deficiency. Applicants must be a nonprofit educational organization, a nonprofit educational institution or must propose a noncommercial public safety radio service. Applicants also must be community-based. See 47 C.F.R. 73.853. , and may also be obtained
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- during this window must protect all FM, FM Translator, FM Booster, and TV Channel 6 authorizations. LPFM applications also must protect pending broadcast applications in these services that were filed prior to the date of this Notice, along with LPFM applications filed in the previous filing window. Finally, LPFM applications must protect existing vacant FM allotments. See 47 C.F.R. 73.807 and 73.825. An LPFM application that fails to protect these authorizations, applications, and allotments will be dismissed with no opportunity to correct the deficiency. Each applicant must be a nonprofit educational organization, a nonprofit educational institution or must propose a noncommercial public safety radio service. Please note, when completing FCC Form 318, the name of the organization or institution must
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- during this window must protect all FM, FM Translator, FM Booster, and TV Channel 6 authorizations. LPFM applications also must protect pending broadcast applications in these services that were filed prior to the date of this Notice, along with LPFM applications filed in the previous filing windows. Finally, LPFM applications must protect existing vacant FM allotments. See 47 C.F.R. 73.807 and 73.825. An LPFM application that fails to protect these authorizations, applications, and allotments will be dismissed with no opportunity to correct the deficiency. Each applicant must be a nonprofit educational organization, a nonprofit educational institution or must propose a noncommercial public safety radio service. Please note, when completing FCC Form 318, the name of the organization or institution must
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- given that the low power FM (LPFM) broadcast applications listed in the attached appendix are accepted for filing. The listed applications were properly filed during the first or second LPFM window and are not in conflict with any other application filed during these windows. Each of the applications also fully complies with LPFM station protection requirements. See 47 C.F.R. 73.807(a)(1). In addition, the attached appendix takes into account the requirements of recent legislation. First, the facilities proposed in these applications fully protect full service FM and FM translator stations authorized on third-adjacent channels. Secondly, applicants submitting the listed applications have not, according to their certifications, engaged in the unlicensed operation of any broadcast station. Petitions to deny the applications listed
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- Border Zone Spacings documents. Noncommercial Educational FM stations on Channels 218, 219, and 220 mustalso meet these separations with respect to commercial FM stations and vacant allotments on Channels 221, 222 and 223. The I.F. separation requirements in the following table also apply to noncommercial educational stations. Spacing requirements for LPFM stations and applications will be found in [56]47 CFR 73.807. Spacings should be rounded to the nearest kilometer, per [57]47 CFR 73.208. Minimum Distance Separation Requirements in Kilometers Table A, Section 73.207 Relation Co-Channel (Same Frequency) 200 kHz (First-Adjacent Channel) 400 or 600 kHz (Second- or Third-Adjacent Channel) 10.6 or 10.8 MHz (I.F. Channel) A to A 115 72 31 10 A to B1 143 96 48 12 A to
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- any translator applications immediately, and to defer consideration of all translator applications until after the next LPFM window. Only those translator applications in conflict with LPFM filings would ultimately be dismissed under this approach. However, for the reasons stated above, we may implement this approach only if we conclude that Section 5(3) does not bar the Commission from waiving Section 73.807(d). We seek comment on the lawfulness of this licensing procedure. This approach also would necessarily delay further the processing of translator applications, filed in the 2003 window and now frozen for six years, until after the close of the next LPFM window. It is also possible that this approach would increase the disparity between the number of LPFM and translator
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- to delete the requirements that the Commission establish and maintain minimum distance separations for third-adjacent channels. It essentially lays the groundwork for Section 3(a) of the LCRA, which requires the Commission to ``modify its rules to eliminate third-adjacent minimum distance separation requirements between-(1) low-power FM stations; and (2) full service FM stations, FM translator stations, and FM booster stations.'' Section 73.807 of the Commission's rules currently sets forth these spacing requirements. We hereby delete the provisions requiring protection of third-adjacent channel stations set forth in that section, with the exception of Sections 73.807(a)(2), (b)(2) and (g). Protection of Radio Reading Services Radio reading services provide access to printed news and other information sources for blind or print-disabled persons. They are transmitted
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- Field strength measurements. [364]TEXT [365]PDF 73.687 Transmission system requirements. [366]TEXT [367]PDF 73.688 Indicating instruments. [368]TEXT [369]PDF 73.691 Visual modulation monitoring. [370]TEXT [371]PDF 73.698 Tables. [372]TEXT [373]PDF 73.699 TV engineering charts. [ [374]Propagation Curves ] Subpart G -- Low Power FM Broadcast Stations ([375]LPFM) [376]TEXT [377]PDF 73.801 Broadcast regulations applicable to LPFM stations. [378]TEXT [379]PDF 73.805 Availability of channels. [380]TEXT [381]PDF 73.807 Minimum distance separation between stations. [ [382]LPFM Channel Finder ] [383]TEXT [384]PDF 73.808 Distance computations. [385]TEXT [386]PDF 73.809 Interference protection to full service FM stations. [387]TEXT [388]PDF 73.810 Third adjacent channel complaint and license modification procedure. [389]TEXT [390]PDF 73.811 LPFM power and antenna height requirements. [391]TEXT [392]PDF 73.812 Rounding of power and antenna heights. [393]TEXT [394]PDF 73.813 Determination of antenna
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- Order (Second R&O) adopts modifications to the LPFM service rules implementing provisions of the FY 2001 Appropriations Act (Act). The Act, at section 632(2)(1)(A), required the FCC to modify its LPFM rules to prescribe minimum distance separations for third adjacent channels as well as for co-channels and first- and second-adjacent channels. To implement the Act, the FCC has revised Section 73.807 to include minimum distance separations between LPFM stations and full power FM and FM translator stations operating on channels third adjacent to any new LPFM stations. These third adjacent spacings are standard consistent with current full power FM station third adjacent channel protection levels. The Act required the FCC to modify its rules to prohibit any applicant from obtaining a
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- 123 Superpowered stations will be protected under the distance separations for the class of station that most closely approximates its facilities. This determination will be made based upon the stations 1 m V/m reference contour and the procedures for determining class listed in 73.211. A listing of current reserved band superpowered stations is included in Appendix B. 6. Fifth, Rule 73.807 is corrected in two ways. First, the charts are corrected to read ``7.3 km or less'' instead of ``Less than 7.3 km.'' Second, the sub-paragraph numbers are corrected to read (e) instead of (f), (f) instead of (g) and (g) instead of (h). The corrected Rule appears below: 73.807 Minimum distance separation between stations. Minimum separation requirements for LP100
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- 73.3599-Forfeiture of construction permit. Section 73.3999-Enforcement of 18 U.S.C. 1464-restrictions on the transmission of obscene and indecent material. 8. A New Section 73.805 is added, as follows: 73.805 Availability of channels. Except as provided in Section 73.220 of this Chapter, all of the frequencies listed in Section 73.201of this Chapter are available for LPFM stations. 9. A new Section 73.807 is added, as follows: 73.807 Minimum distance separation between stations. Minimum separation requirements for LP100 and LP10 stations, as defined in Section 73.811 and Section 73.853 of this Part, are listed in the following subsections. An LPFM station will not be authorized unless these separations are met. Minimum distances for co-channel and first-adjacent channel are separated into two columns. The
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- power television (LPTV) and television translator stations operating on TV Channel 6. Accordingly, we will amend 73.825 to include additional minimum distance separation requirements which we believe will be adequate to protect the service provided by the Class A TV, LPTV and television translator facilities. Spacing Table. An anomaly in the minimum distance separation requirements of 47 C.F.R. 73.807(g) has come to our attention. Specifically, the tables specify greater 2nd adjacent channel spacing requirements to Canadian stations from LP10 stations than from LP100 stations. When considering low-powered facilities at very high signal strengths, the Commission's F(50,50) curves often must be used instead of its F(50,10) curves. However, in some cases the staff must utilize the ``free space equation'' formula
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- 73.515 NCE FM Transmitter Location The transmitter location shall be chosen so that, on the basis of effective radiated power and antenna height above average terrain employed, a minimum field strength of l mV/m (60 dBu) will be provided over at least 50 percent of its community of license or reach 50 percent of the population within the community. 73.807 Minimum distance separation between stations, is amended as follows * * * * * (a)(1) An LP100 station will not be authorized initially unless the minimum distance separations in the following table are met with respect to authorized FM stations, timely-filed applications for new and existing FM stations, authorized LP100 stations, LP100 station applications that were timely-filed within a previous
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- 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 first- and second-adjacent channels)[.]'' In Creation of Low Power Radio Service, Report and Order, 15 FCC Rcd 2205 (2000) (``LPFM R&O'') the Commission adopted distance separation requirements for LPFM stations. 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 adjacent channel spacings to other LPFM stations. Although the Commission declined to adopt standards to protect either full or low power FM stations operating on third adjacent channels. i.e., on channels
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- window for states in Groups 4 and 5 to speed the filing process for applicants in these remaining states. However, to accommodate those applicants for states and territories originally included in Window 5, we are providing 60 days, rather than the typical 30, to prepare applications. Applicants should be aware that the Commission recently codified two Congressionally-mandated rule changes. Section 73.807, as modified, now requires that LPFM stations meet prescribed minimum distance separations to full service FM and FM translator stations operating on third adjacent channels. Section 73.854 now prohibits an applicant from obtaining an LPFM license if that applicant, or any party to the application has engaged in any manner in the unlicensed operation of any station in violation of
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- released in approximately three months. Filing Requirements. LPFM applications filed during this window must protect all FM, FM Translator, FM Booster, and TV Channel 6 authorizations. LPFM applications also must protect pending broadcast applications in these services that were filed prior to the date of this Notice. Finally, LPFM applications must protect existing vacant FM allotments. See 47 C.F.R. 73.807 and 73.825. An LPFM application that fails to protect these authorizations, applications, and allotments will be dismissed with no opportunity to correct the deficiency. Applicants must be a nonprofit educational organization, a nonprofit educational institution or must propose a noncommercial public safety radio service. Applicants also must be community-based. See 47 C.F.R. 73.853. , and may also be obtained
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- during this window must protect all FM, FM Translator, FM Booster, and TV Channel 6 authorizations. LPFM applications also must protect pending broadcast applications in these services that were filed prior to the date of this Notice, along with LPFM applications filed in the previous filing window. Finally, LPFM applications must protect existing vacant FM allotments. See 47 C.F.R. 73.807 and 73.825. An LPFM application that fails to protect these authorizations, applications, and allotments will be dismissed with no opportunity to correct the deficiency. Each applicant must be a nonprofit educational organization, a nonprofit educational institution or must propose a noncommercial public safety radio service. Please note, when completing FCC Form 318, the name of the organization or institution must
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- during this window must protect all FM, FM Translator, FM Booster, and TV Channel 6 authorizations. LPFM applications also must protect pending broadcast applications in these services that were filed prior to the date of this Notice, along with LPFM applications filed in the previous filing windows. Finally, LPFM applications must protect existing vacant FM allotments. See 47 C.F.R. 73.807 and 73.825. An LPFM application that fails to protect these authorizations, applications, and allotments will be dismissed with no opportunity to correct the deficiency. Each applicant must be a nonprofit educational organization, a nonprofit educational institution or must propose a noncommercial public safety radio service. Please note, when completing FCC Form 318, the name of the organization or institution must
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- given that the low power FM (LPFM) broadcast applications listed in the attached appendix are accepted for filing. The listed applications were properly filed during the first or second LPFM window and are not in conflict with any other application filed during these windows. Each of the applications also fully complies with LPFM station protection requirements. See 47 C.F.R. 73.807(a)(1). In addition, the attached appendix takes into account the requirements of recent legislation. First, the facilities proposed in these applications fully protect full service FM and FM translator stations authorized on third-adjacent channels. Secondly, applicants submitting the listed applications have not, according to their certifications, engaged in the unlicensed operation of any broadcast station. Petitions to deny the applications listed
- http://www.fcc.gov/DiversityFAC/adopted-recommendations/Diversity_ET_SubCm_Recm12-10-07.doc
- these steps are likely to have a disproportionate impact in fostering minority and women ownership of terrestrial radio facilities and in facilitating improvements in inferior technical facilities presently licensed to minority owned broadcasters. In particular, the Advisory Committee would: Endorse the Commission's recommendation to Congress for legislation that would eliminate the third adjacent FM spacing rules found in 47 C.F.R. 73.807 that are applicable to low power FM (LPFM) stations. Recommend that the Commission relax its community of license and transmitter site rules and policies as follows: where permitted by the contour overlap and community of license coverage rules, and upon a satisfactory showing, the Commission would authorize full power AM or FM radio stations to change their communities of license
- http://www.fcc.gov/Forms/Form318/318.pdf
- new and/or major change applications are treated as mutually exclusive where the applications are filed in the same window and the simultaneous operation of the two proposed stations would result in one (or both) stations causing objectionable interference to the other. The Commission makes this determination on the basis of the LPFM station-to-station distance separation requirements set forth at Section 73.807 of the Commission's rules. This rule establishes a minimum distance separation between stations operating on the same frequency (also called co- channel) and also between those stations operating on first- adjacent channels. For example, if an LPFM station application specifies a frequency of 94.7 MHz, the Commission will determine whether co-channel proposals on 94.7 and first-adjacent channel proposals on 94.5
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- hours regarding a proposed national monument for forest service lands in southwest Oklahoma.'' Id. See also affidavit of Romain Cooper, appended as Exhibit 2 to the TCA response. Id. Yonce used the airname ``Ruby Rosemary'' when on the air for TFR. Id at 3. See Pub. L. No. 106-553, 114 Stat. 2762 (2000) (``Appropriations Act''), codified in 47 C.F.R. 73.807; see also Ruggiero v. FCC, 278 F.3d 1323 (D.C. Cir. 2002), rev'd en banc, 317 F.3d 239 (D.C. Cir. 2003). Id. See also Creation of Low Power Radio Service, Second Report & Order, 16 FCC Rcd 8026, 8030 (2001) (``Second Report & Order'') and Ruggiero v. FCC, 317 F.3d 239, 241 (D.C.Cir.2003). In the Second Report and Order, the Commission
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- filed its license application. Discussion. In its objection, Susquehanna states that Central's proposal is 35 kilometers short-spaced to WABZ-FM's authorized modified facilities, which will result in interference within WABZ-FM's 70 and 60 dBu contours. tion was properly accepted for filing on September 3, 2003. Susquehanna's modification application was granted on January 6, 2004. Thus, pursuant to the requirements of Sections 73.807 and 73.809 specified above, WABZ-FM's modified facilities were ``subsequently authorized'' and the grant of the WABZ-FM modification application does not result in Central's proposal becoming noncompliant with the Commission's distance separation requirements. The change in WABZ-FM's facility, however, does result in Central's application causing predicted interference within WABZ-FM's principal community contour at its currently permitted site for Indian Trail. Such
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- the above-captioned application (the ``Application'') of Thin Air Community Radio (``Thin Air'') to modify the licensed facilities of KYRS-LP, Spokane, WA. Thin Air proposes to change operations from Channel 237 to Channel 210 at its licensed site. Background. The proposed facility is short-spaced to second-adjacent channel Station KEWU-FM, Cheney, WA, licensed to Eastern Washington University (``EWU''), in violation of Section 73.807 of the Commission's Rules. Thin Air recognizes this violation and requests waiver of the minimum distance separation provisions of Section 73.807. The waiver is requested so KYRS can modify its facilities prior to commencement of program test operations by co-channel Station KPND(FM), Sandpoint, ID. In support of the waiver request, KYRS submits an engineering study based on the relative signal
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- to a proposed buyer is whether the assignee/transferee possesses the requisite qualifications to be a Commission licensee. See, e.g., MG-TV Broadcasting Co. v. FCC, 408 F.2d 1257, 1264 (D.C. Cir. 1968). 47 C.F.R. 73.870(b). Staff analysis has established that a rule-compliant minimum Class A NCE FM facility cannot be authorized in the Kilgore, Texas area. 47 C.F.R. 73.807, 73.808, 73.811, 73.812, 73.813, 73.816, 73.840, 73.845. 47 C.F.R. 73.809, 73.810, 73.825, 73.827. 47 C.F.R. 73.855, 73.858, 73.860. 47 C.F.R. 73.853. 47 U.S.C. 309(b). Ashbacker Radio Corp. v. FCC, 326 U.S. 327 (1945) (``Ashbacker'') (Under Ashbacker, the Commission may not grant one application without considering mutually exclusive proposals). 47 C.F.R. 73.872. Federal Communications Commission Washington,
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- use that terminology in this Report and the Economic Study. See id. 8(a). Appendix B contains a list of parties that filed comments and reply comments in this docket and includes abbreviations used in this document to reference those parties. 47 C.F.R. 0.283. See H.R. Rep. No. 111-706, at 48 (2011). LCRA 3(a). See 47 C.F.R. 73.807. LCRA 3(b)(2). Id. 5. Creation of A Low Power Radio Service and Amendment of Service and Eligibility Rules for FM Broadcast Translator Stations, Third Further Notice of Proposed Rule Making, 26 FCC Rcd 9986 (2011) (``Third Further Notice''). LCRA 8(a). Id. 8(b). Id. 8(c). But see NAB Comments at 4 n.8 (suggesting that the Commission
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- Comment Sought on The Mitre Corporation's Technical Report, "Experimental Measurements of the Third-Adjacent Channel Impacts of Low Power FM Stations," DA 03-2277 (rel. July 11, 2003). NPR/IAAIS Motion for Further Extension of Time (filed Aug. 8, 2003). Order, DA 03-2767 (rel. Aug. 29, 2003) (MM Docket No. 99-25). See 47 C.F.R. 73.810 and 73.827. See 47 C.F.R. 73.807(a)(2) and 73.807(b)(2). d g - h gd h h h h h gd 0 0
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- 345 F.2d 730 (D.C. Cir. 1965). WAIT Radio v. FCC, 418 F.2d 1153, 1157 (D.C. Cir. 1969). See ``Making Appropriations for the Government of the District of Columbia for FY 2001,'' Pub. L. No. 106-553, 114 Stat. 2762 (2000). In the Matter of Creation of a Low Power Radio Service, 16 FCC Rcd 8029 (2001). See also 47 C.F.R. 73.807(a)(1). See generally Review of Technical Parameters for FM Allocation Rules of Part 73, 2 FCC Rcd 5693 (1987). LPFM applicants proposing local program origination receive a preference in resolving LPFM application mutual exclusivities. Id. at 2259 and 47 C.F.R. 73.872(b)(3). See Amendment of Part 74 of the FM Commission's Rules Concerning Translator Stations, 5 FCC Rcd 7212 (1990); see
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- 6691, 6695 n.28 (2003). See Ancillary or Supplementary Use of Digital Television Capacity by Noncommercial Licensees, 16 FCC Rcd 19042 (2001) (``DTV NCE A&S Order''). Id. , 327 F.3d 1222 (D.C. Cir., 2003) (``UCC'' decision). See generally Creation of Low Power Radio Service, 15 FCC Rcd 2205 (2000). In response to the DCAA, the Commission codified two rule changes. Section 73.807, as modified, now requires that LPFM stations meet prescribed minimum distance separations to full service FM and FM translator stations operating on third adjacent channels. Section 73.854 now prohibits an applicant from obtaining an LPFM license if that applicant, or any party to the application, has engaged in any manner in the unlicensed operation of any station in violation of
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- 2007 Comment Date: [30 days after date of publication in the Federal Register] Reply Comment Date: [45 days after date of publication in the Federal Register] By the Commission: Chairman Martin; Commissioners Copps, and Adelstein issuing separate statements. Commissioners Tate and McDowell approving in part, dissenting in part, and issuing separate statements. Table of Contents Heading Paragraph # b. Section 73.807 Second-Adjacent Channel Waiver Standard 64 c. LPFM Station Displacement 68 E. LPFM-FM Translator Protection Priorities 84 Paperwork Reduction Act Analysis 91 Congressional Review Act 94 Additional Information 95 VII. ORDERING CLAUSES 96 APPENDIX A - List of Commenters and Reply Commenters APPENDIX B - Rule Changes APPENDIX C - Initial Regulatory Flexibility Analysis APPENDIX D - Final Regulatory Flexibility Analysis
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- Third Report and Order, 15 FCC Rcd at 9993. See also infra, 39. Id. at 9992. See LCRA, Sec. 3(a) (eliminating LPFM third adjacent channel distance separation requirements) and 3(b)(2) (authorizing the Commission to waive second adjacent chancel distance separation requirements). Comments of NAB at 16. See Third Further Notice, 26 FCC Rcd at 9990-91. See 47 C.F.R. 73.807(d) (requiring LPFM applications to meet minimum distance separation requirements with respect to ``authorized FM translator stations, cutoff FM translator applications, and FM translator applications filed prior to the release of the Public Notice announcing the LPFM window''). Third Further Notice, 26 FCC Rcd at 9994. Comments of Joint LPFM Advocates at 24-25 Id. at 24-25. Id. at 24-25. Id. at
- http://www.fcc.gov/mb/audio/bickel/amfmrule.html
- Field strength measurements. [364]TEXT [365]PDF 73.687 Transmission system requirements. [366]TEXT [367]PDF 73.688 Indicating instruments. [368]TEXT [369]PDF 73.691 Visual modulation monitoring. [370]TEXT [371]PDF 73.698 Tables. [372]TEXT [373]PDF 73.699 TV engineering charts. [ [374]Propagation Curves ] Subpart G -- Low Power FM Broadcast Stations ([375]LPFM) [376]TEXT [377]PDF 73.801 Broadcast regulations applicable to LPFM stations. [378]TEXT [379]PDF 73.805 Availability of channels. [380]TEXT [381]PDF 73.807 Minimum distance separation between stations. [ [382]LPFM Channel Finder ] [383]TEXT [384]PDF 73.808 Distance computations. [385]TEXT [386]PDF 73.809 Interference protection to full service FM stations. [387]TEXT [388]PDF 73.810 Third adjacent channel complaint and license modification procedure. [389]TEXT [390]PDF 73.811 LPFM power and antenna height requirements. [391]TEXT [392]PDF 73.812 Rounding of power and antenna heights. [393]TEXT [394]PDF 73.813 Determination of antenna
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- Field strength measurements. [317]TEXT [318]PDF 73.687 Transmission system requirements. [319]TEXT [320]PDF 73.688 Indicating instruments. [321]TEXT [322]PDF 73.691 Visual modulation monitoring. [323]TEXT [324]PDF 73.698 Tables. [325]TEXT [326]PDF 73.699 TV engineering charts. [ [327]Propagation Curves ] Subpart G -- Low Power FM Broadcast Stations ([328]LPFM) [329]TEXT [330]PDF 73.801 Broadcast regulations applicable to LPFM stations. [331]TEXT [332]PDF 73.805 Availability of channels. [333]TEXT [334]PDF 73.807 Minimum distance separation between stations. [ [335]LPFM Channel Finder ] [336]TEXT [337]PDF 73.808 Distance computations. [338]TEXT [339]PDF 73.809 Interference protection to full service FM stations. [340]TEXT [341]PDF 73.810 Third adjacent channel complaint and license modification procedure. [342]TEXT [343]PDF 73.811 LPFM power and antenna height requirements. [344]TEXT [345]PDF 73.812 Rounding of power and antenna heights. [346]TEXT [347]PDF 73.813 Determination of antenna
- http://www.fcc.gov/mb/audio/spacing/index.html
- Border Zone Spacings documents. Noncommercial Educational FM stations on Channels 218, 219, and 220 mustalso meet these separations with respect to commercial FM stations and vacant allotments on Channels 221, 222 and 223. The I.F. separation requirements in the following table also apply to noncommercial educational stations. Spacing requirements for LPFM stations and applications will be found in [56]47 CFR 73.807. Spacings should be rounded to the nearest kilometer, per [57]47 CFR 73.208. Minimum Distance Separation Requirements in Kilometers Table A, Section 73.207 Relation Co-Channel (Same Frequency) 200 kHz (First-Adjacent Channel) 400 or 600 kHz (Second- or Third-Adjacent Channel) 10.6 or 10.8 MHz (I.F. Channel) A to A 115 72 31 10 A to B1 143 96 48 12 A to