I. Introduction (1)

  1. In March 2005, the Commission released a Second Order on Reconsideration and Further Notice of Proposed Rulemaking as part of its ongoing efforts to promote the operation and expansion of the low power FM (“LPFM”) service.[1]  In the Second Order, the Commission made minor changes to the LPFM rules.  The accompanying FNPRM sought comment on a number of issues related to ownership and eligibility restrictions for LPFM licensees, as well as technical matters related to the LPFM service.  This Third Report and Order resolves the issues raised in the FNPRM.  In so doing, this Order advances the Commission’s goal “to ensure that we maximize the value of LPFM service without harming the interests of full-power FM stations or other Commission licensees.”[2]  In light of changed circumstances since we last considered the issue of protection rights for LPFM stations from subsequently authorized full-service stations, we also find it necessary to consider certain rule changes to avoid the potential loss of LPFM stations.  Accordingly, we issue a Second Further Notice of Proposed Rulemaking (“Second Further Notice”) to seek comment on these changes.

[1]  Creation of Low Power Radio Service, MM Docket No. 99-25, Second Order on Reconsideration and Further Notice of Proposed Rulemaking, 20 FCC Rcd 6763 (2005) (“Second Order” or “FNPRM”).

[2] Id. at 6763, para. 1.