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National Association of Broadcasters and LPFM

How NAB tried to prevent and/or cripple LPFM.

After the Commission declined to impose third-adjacent channel separation requirements in the Reconsideration Order, Congress directed the agency to do so in the Making Appropriations for the Government of The District of Columbia for FY 2001 Act (“2001 DC Appropriations Act”).[1][1]  In that legislation, Congress instructed the Commission to prescribe third-adjacent channel spacing standards for LPFM stations and to deny LPFM applications of applicants that previously had engaged in the unlicensed operation of a radio station.[2][2]   The 2001 DC Appropriations Act also directed the Commission to evaluate the likelihood of interference to existing FM stations if LPFM stations were not subject to the third-adjacent channel spacing requirement. 

As a result of the spacing requirement imposed by the 2001 DC Appropriations Act, a number of facilities proposed in otherwise technically grantable applications became short-spaced to existing full-power FM stations or translators, leading to the eventual dismissal of those applications.[3][3]  To evaluate the likelihood of interference in the absence of a third-adjacent channel separation requirement, the Commission selected an independent third party – the Mitre Corporation – to conduct field tests.  The Commission then sought public comment on Mitre’s reported findings.[4][4]  In February 2004, the Commission submitted its report to Congress, recommending that, based on the Mitre study, Congress “modify the statute to eliminate the third-adjacent channel distan[ce] separation requirements for LPFM stations.”[5][5]

[1][1]  Pub L. No. 106-552, § 632, 114 Stat. 2762, 27620A-111 (2000). 

[2][2]  Id.

[3][3]  See Creation of a Low Power Radio Service, MM Docket No. 99-25, Second Report and Order, 16 FCC Rcd 8026, 8028, paras. 5-6 (2001) (“Second Report and Order”).

[4][4]  See Comment Sought on the Mitre Corporation’s Technical Report, Experimental Measurements of the Third-Adjacent Channel Impacts of Low-Power FM Stations, Public Notice, 18 FCC Rcd. 14445 (2003). 

[5][5]  Report to Congress on the Low Power FM Interference Testing Program, Pub. L. No. 10-553 (rel. Feb. 19, 2004).

OK, a bit of history:

In the FIRST ever LPFM filing window, the FCC had decided to allow LPFM applicants to completely ignore third-channel stations. This was based on the (correct) assumption that such a small amount of power would not “splatter” onto the third adjacency.

The NAB lobbied (bought-off) congress to force the FCC to go back and require that the third adjacency rules be enforced and this caused a great many of the (previously “in compliance”) applications to become “out of compliance”. (For those who could find a frequency that was in full compliance with 3rd adjacency spacing requirements, there was a “remedial window” that was opened at a later date. For those who could not find a frequency, the NAB did not suppress a grin.) *MANY* LPFM applications were dismissed because of this fiasco. I know because it made ME look bad. (“Why would you file an application for me on a frequency that could possibly suddenly become unacceptable when all I want is a station in downtown NYC?”)

Of course (as stated in the remainder of the quoted material), the FCC contracted with the Mitre Corporation to run tests to determine whether or not the LPFM stations would actually cause interference to stations operating on the third adjacencies. During February of 2004, the results were in and the findings (not surprisingly) were that there would be NO interference caused by operating LPFM’s on third adjacencies.

In what I like to refer to as “The Penalty For Telling The Truth” (No Good Deed Goes Unpunished), NAB also lobbied congress on additional issues and, as a result, congress also mandated that the FCC dismiss any and all applications on which the applicant had stated that they had previously operated an unlicensed transmitter. (Why was there even such a question on the application form? This “question” caused a great quandary for those of us involved in the technical aspects of the application process for, what indeed qualifies as an “unlicensed transmitter”? This definition could easily be stretched to include anything from part-15 compliant wireless microphone to a pirate operation! So, the question, in effect, could be construed in many numerous ways as, if a person had ever even spoken into a perfectly legal wireless microphone at a church sponsored event or at a city council meeting, they have, for all intents and purposes, “operated an unlicensed transmitter”.) *MANY* LPFM applications were dismissed because of this requirement as well.

Does this make it all clear?

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