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1) What is low power
FM radio? (TOP)
Low Power FM (LPFM) refers to a new FM
radio service proposed by the FCC. If adopted,
the FCC proposal would create one or more
new classes of service in the existing FM
radio band. The FCC has proposed to license
100-watt stations, which would serve areas
with a radius of 3.5 miles and 1000-watt
stations, which would serve areas with a
radius of approximately 8.8 miles. The Commission
also sought comment on whether to license
stations between 1 and 10 watts, which would
serve areas with 1 to 2 mile radii. Currently,
in most circumstances, commercial FM radio
stations will be licensed only if they could
operate at a power of 6000 watts without
causing interference at the selected location
and channel, although in some circumstances
stations may be permitted to go on the air
with as little as 100 watts
2) What does the NPRM
propose?(TOP)
In a Notice of Proposed Rulemaking (NPRM)
adopted on January 28, 1999, the FCC proposed
to license new 1000 watt and 100 watt low
power LPFM radio stations, and sought comment
on also establishing a third class of microradio
stations at power levels from 1 to10 watts.
In the NPRM, the Commission proposed a number
of interference protection criteria that
would help to ensure that any new low power
FM radio service would protect existing
radio services and preserve the technical
integrity of radio service today, which
has been fostered and maintained by existing
FCC rules. The Commission proposed minimum
distance separations as the best practical
means of preventing interference between
low power radio and full power FM stations.
It said it would require minimum distances
between stations using the same or first
adjacent channels, but stated that 3rd adjacent
channel and possibly 2nd adjacent channel
separations may not be necessary in view
of the low power levels and other factors.
It specifically asked for comments on any
potential adverse effects from LPFM stations
on future digital radio developments, particularly
systems that would permit stations to convert
to digital on their existing channels while
continuing to provide their current analog
service, an approach referred to as In-Band-on-Channel
(IBOC). In the NPRM, the Commission stated
that the proposed new services could meet
a variety of local needs and capabilities
from broad community coverage to smaller
neighborhood areas. It proposed one service
with "primary" frequency usage status to
operate with effective radiated power (ERP)
levels between 500 and 1000 watts with an
antenna height up to 60 meters above average
terrain (HAAT) which would produce a service
area with a radius of about 8.8 miles. It
proposed another service that would operate
at ERP levels between 50 and 100 watts with
antenna heights up to 30 meters, producing
a service radius out to 3.5 miles. It also
asked for comments on a 1-10 watt microradio
class of stations with an antenna height
of 30 meters with a service radius of one
to two miles. The Commission proposed to
require the 1000 watt class of stations
to follow most or all of the rules applicable
to full-power broadcasters. It asked for
comments on its inclination not to apply
most radio station service rules to new
LP100 and 1-10 watt microradio stations
in view of the smaller size of the operations
and secondary status of these services.
The Commission further proposed that no
LPFM station may operate as a translator
station retransmitting the programming of
a full-power station. In the NPRM, the Commission
asked for comment on whether LPFM stations
would need to generate revenue from advertising
or underwriting, and whether the population
in these service areas could sustain an
advertising base. Alternatively, it asked
for comment on whether these LPFM stations
should be strictly noncommercial and whether
educational institutions are the best potential
LPFM licensees. Stating that the proposed
LPFM service would provide increased opportunity
for new entry and ownership diversity, the
Commission proposed strict ownership restrictions
which would not permit existing broadcasters
to own (or have any joint sales or marketing
agreements with) LPFM stations and would
prohibit anyone from owning more than one
LPFM station in the same community. The
Commission asked for comment on whether
a limit of five or ten stations nationally
would provide a reasonable opportunity to
attain efficiencies of operation while preserving
the availability of these stations to a
wide range of new applicants. The Commission
proposed an electronic filing system, with
short windows of only a few days each for
the filing of applications, but asked for
comment on whether longer windows or a first-come,
first served procedure would be preferable.
It said that mutually exclusive commercial
applications would have to be resolved by
auctions, pursuant to existing statute,
and sought comment on the best means to
award licenses among existing mutually exclusive
non-commercial applicants and also to fulfill
the statutory obligation to explore other
means to avoid mutual exclusivity prior
to ordering competitive bidding for the
LPFM station authorizations.
3) Why do I need a license
to broadcast? (TOP)
Section 301 of the Communications Act (47
U.S.C. §301) requires that the Federal Communications
Commission grant licenses for the use of
the broadcast spectrum. The licensing process
allows the FCC to provide for a fair and
equitable distribution of radio broadcast
service, to prevent interference, and maintain
the technical integrity of the radio spectrum
in order to best serve the public. The FCC’s
licensing scheme additionally prevents broadcast
operations which may cause interference
with other spectrum-based services, and
provides a means of insuring that radio
station towers and operations do not affect
the safety of the nation's air travel.
4) What is a radio "pirate"?(TOP)
"Pirate" is a term often applied to operators
of illegal unlicensed broadcast stations.
Because they are operating in violation
of the law, unlicensed operators can be
subjected to fines, loss of equipment, or
even imprisonment.
5) Will low power stations
interfere with existing broadcast signals?
(TOP)
The FCC does not expect the Low Power FM
stations to interfere within the service
areas of existing radio stations, but will
assure itself of this before proceeding
with the initiation of a new service. Traditionally,
the FCC has allotted FM stations by requiring
specified minimum distance separations between
stations on the same channel and three pairs
of adjacent channels. The use of distance
separations for determining channel allotments
has proven to be an effective and straightforward
means for maintaining the technical integrity
of the FM radio service. As a result, FM
stations have a service area within which
their signals are "protected" from interference
by other stations. The FCC has sought comment
on whether it should consider modified separation
standards for the LPFM channels and possibly
the second adjacent channels. The Commission
stated that the relatively low maximum power
levels of the proposed LPFM stations suggest
that these different standards may pose
only a minimal risk of interference to existing
services, especially if the Commission were
to impose additional technical factors to
reduce further their interference potential.
Modified technical standards may prove to
be appropriate for LPFM stations, and, if
so, would significantly increase the availability
of low power radio stations, particularly
in larger markets. The FCC will examine
the interference issue very carefully and
will not take any action to cause harmful
interference to existing radio service or
impede the development of future terrestrial
digital radio.
6) How many requests
has the FCC received to date regarding low
power radio service? (TOP)
The FCC’s "Low Power Broadcast Radio Stations"
web page www.fcc.gov/mmb/asd.lowpwr.html
was accessed over 15,000 times in 1998 alone.
That total does not count the additional
thousands of inquiries received each year
across the Commission by telephone or letter.
7) Who can get licenses
to operate low power FM stations? (TOP)
No one, at this time. The Federal Communications
Commission has proposed rules, which, if
adopted, would create a new class of low
power radio stations. These stations, and
licenses to operate such stations, are not
available at the present time. If the Commission
adopts rules creating a new low power FM
radio service, application and licensing
procedures will be established at that time.
8) If the FCC adopts
rules establishing a low power fm radio
service, how do I apply for a license?
(TOP)
If the FCC adopts rules establishing a
low power radio service, it will establish
licensing procedures at that time. In the
NPRM, the Commission proposed that LPFM
license applications be filed electronically.
An electronic application process would
speed the application process and therefore
introduction of the LPFM service to the
listening public. The FCC proposed to develop
a system whereby applicants would submit
their applications by e-mail, and possibly
whereby the application could first be analyzed
against existing facilities and against
previously filed applications. Such a system
could then promptly inform the filer whether
the requested frequency is available and
if the application is acceptable for filing
based on current data. The FCC further proposed
to adopt an application procedure with short
windows of only a few days each for the
filing of applications, and sought comment
from the public as to whether it would be
practical and equitable to use such filing
windows.
9) What happens if more
than one person applies for the same frequency?
(TOP)
In the NPRM, the Commission tentatively
concluded that the Balanced Budget Act of
1997 which amended Section 309(j) of the
Communications Act of 1934, would require
auctions to resolve mutual exclusivity among
applications for commercial services, that
is when more than one person applies for
the same frequency. The Act does, however,
exempt noncommercial services from the auction
requirement. The Commission is seeking comments
to address whether LPFM microradio stations
could be excluded from the auction requirement,
and whether other methods could resolve
mutual exclusivity.
10) How would the Commission
resolve mutual exclusivity between non-commercial
stations? (TOP)
Because non-commercial stations are specifically
exempt from auction, the Commission has
yet to determine what method to use to resolve
mutual exclusivity between non-commercial
applicants. The Commission has sought comment
on the appropriate selection methodology
for applications for such channels that
are mutually exclusive.
11) What will it cost
to construct and operate a low power FM
station? (TOP)
The construction and operating costs of
a radio station can vary widely, depending
upon the size of the station, and the type
and quality of studio and broadcasting equipment
used, as well as by the size and costs of
any tower which may be required. Other factors
which can affect the price include the acquisition
or lease of land or and studio space, compliance
with environmental and local zoning regulations,
and staff salaries. More information on
the availability and costs of radio equipment
is available through Broadcast Net at www.broadcast.net.
12) How many low power
radio stations does the FCC expect it could
license? (TOP)
This depends upon the power and antenna
height of the stations to be licensed, and
the other technical parameters adopted for
a low power radio service. If the Commission
adopts rules creating an LPFM service hundreds
of low power stations may ultimately be
licensed.
13) How long would
it take to start licensing low power FM
radio stations, now that the Commission
has adopted an NPRM?(TOP)
If and when the FCC adopts rules providing
for the creation of a low power FM radio
service, licensing is unlikely to commence
before the spring of 2000, at the earliest.
This is due in part to the rulemaking process
itself. Comments in response to the NPRM
are due August 2, 1999 and Reply Comments
are due September 1, 1999. Once the Comment
and Reply Comments periods have passed,
the Commission staff will need time to read
the thousands of comments expected in response
to this proceeding and determine how best
to address the issues raised in the NPRM
and in the comments. The Commission would
then consider a Report & Order, which would
specify licensing procedures and rules for
the creation of an LPFM service. If the
Commission adopts a Report & Order, the
rules would go into effect soon after adoption.
The Commission would release a Public Notice
announcing the period of time for filing
applications.
14) How do I file comments
regarding the Notice of Proposed Rule Making?
(TOP)
The Commission is seeking comment on the
proposals contained in the NPRM. Comments
are due August 2, 1999 and Reply Comments
are due September 1,1999. You do not need
to be an attorney or hire one to participate
in the comment process. You just tell us
your thoughts and feelings and any relevant
and useful information supporting your opinion.
One important item to remember: You must
include the docket number on your comments,
this proceeding is MM Docket 99-25. The
docket number is critical to make sure your
comments are associated with the correct
proceeding. The Commission is encouraging
parties to file electronically in this proceeding.
Electronically filed comments will be considered
part of the record in this proceeding and
given the same treatment as comments filed
on paper. To file electronic comments, you
may use the electronic filing interface
available on the Electronic Comment Filing
System at www.fcc.gov/e-file/ecfs.html.
You also may send written comments to the
FCC. In filing formal comments, an original
plus four copies of your comments must be
delivered, by mail or by hand, to the Office
of the Secretary, Federal Communications
Commission, 445 Twelfth Street, SW, TW-A325,
Washington, DC 20554. The Secretary's Office
hours of operation are Monday- Friday (except
government holidays) 8:00 am - 5:30 pm.
Comments must be filed in the Secretary's
Office by 5:30 pm on the Comment or Reply
Comment deadline.) If you would like your
formal comments to be circulated to the
Commissioners, an original and nine (9)
copies must be submitted.
For more information
on the FCC Comment process, including information
on filing written comments the FCC website
at www.fcc.gov/getinfo.html#how2.
(TOP)
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