The National Association of Broadcasters is standing behind the Federal Communications Commission decision not to create a new class of low-power FM stations.
In a Report and Order issued earlier this year, the FCC concluded that it would not move to create a new class of 250-watt LPFM stations, known as the LP-250 service. The NAB agreed with the FCC in recently submitted comments, arguing that there is no reason for the FCC to create another class of service, governed by a different set of rules. Moreover, the association said, if an LPFM applicant or station wants to operate a 250-watt radio station, it can apply for a Class A license just like any other entity.
[Read: LPFM Stations Seek Technical Upgrades]
A formal Petition for Reconsideration was filed by a group of LPFM/NCE community radio engineer advocates as part of an FCC Report and Order on modernizing media regulations (formally known as Amendment of Parts 73 and 74 to Improve the Low Power FM Radio Service Technical Rules, Modernization of Media Regulation Initiative, MB Docket Nos. 19-193 and 17-105). Those commenters included Todd Urick with Common Frequency, Paul Bame with the Prometheus Radio Project and five other LPFM operators and engineers.
The group complained in its most recent filing that the FCC did not adequately acknowledge LPFM advocates’ concerns nor did it address numerous sentiments regarding the subject in the final FCC order. Specifically, the commenters argued that LP-250 is not in conflict with the Local Community Radio Act’s requirement regarding reducing minimum distance separations between LPFM and full-service stations. The commenters said that nothing in the commission’s reasoning within the order offer adequate enough rationale for denying the creation of an LP-250 service.
Rather, they said, the commission seemed to imply that the LP-250 issue required further study, which the commenters infer to mean that the commission intends to open a proceeding in the future to solicit various LP-250 proposals for stakeholders to contemplate. In addition, such a solicitation would also address LPFM operators’ concerns about low-power FM service deficiencies that curtail listener reception.
“There does not seem conclusive reasoning to not consider a LP-250 service,” the group said in its comments. “The commission has vastly assisted in relief concerning AM broadcasters failing coverage. Shouldn’t commensurate effort be extended to ameliorating LPFM coverage issues? [Plus,] there is certainly a demand for relief concerning LPFM interference/underpower concerns within the station’s 60 dBu contour of many LPFM stations.”
The NAB responded by saying the petitioners are only rehashing claims in support of LP-250 service that the FCC already fully considered. The petitioners also offer no new information about the burden on applicants of preparing contour studies and entirely ignore the impact on the FCC of having to review such studies, the NAB said. The association also said that although the text of the LCRA does not specifically cap LPFM power levels, the act does prohibit reduction of the minimum distance separations between LPFM and FM stations and that LP-250 supporters have not shown that LP250 service could be consistent with these spacing requirements.
“Petitioners urge the FCC to relitigate its view of the LCRA, but do not offer any additional facts or policy reasons,” the NAB said. “The FCC has repeatedly and consistently spoken on this matter, and while petitioners may disagree with the commission, the FCC’s approach is perfectly valid, thoughtful and requires deference.”
The NAB reminded the FCC that the group failed to provide new facts or new arguments in this subsequent round of comments, which is a necessary part of the process when the FCC considers reversing an earlier decision.
“As [the commenters are] well-aware, the act struck a careful balance between the interests of noncommercial entities for more licensing of LPFM stations with those of incumbent services for interference safeguards,” the NAB said in its comments. “Allowing LPFM stations to more than double their maximum power now, a decade later, would upend the careful balance that stakeholders forged at the time.”
Comments on the issue can be viewed within the FCC’s ECFS electronic database using Docket 17-105 or 19-193.
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FCC Decision to Nix Creation of New LPFM Class Gets Reactions - Radio World
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