V. CONCLUSION
85. The rules and policies adopted herein will promote the continued operation and expansion of LPFM service. Our actions today further the public interest and ensure that we maximize the value of LPFM service without harming the interests of full-power FM stations or other Commission licensees. To further these goals, we also recommend to Congress that it remove the requirement that LPFM stations protect full-power stations operating on third adjacent channels.
VII. ORDERING CLAUSES
- IT IS ORDERED that, pursuant to the authority contained in Sections 1, 2, 4(i), 303, 403 and 405 of the Communications Act of 1934, 47 U.S.C §§ 151, 152, 154(i), 303,, 403, and 405, this Third Report and Order and Second Further Notice of Proposed Rulemaking IS ADOPTED.
- IT IS FURTHER ORDERED that pursuant to the authority contained in Sections 1, 2, 4(i), 303, 303(a), 303(b), and 307 of the Communications Act of 1934, 47 U.S.C. §§ 151, 152, 154(i), 303, 303(a), 303(b), and 307, the Commission’s Rules ARE HEREBY AMENDED as set forth in Appendix B. It is our intention in adopting these rule changes that, if any provision of the rules is held invalid by any court of competent jurisdiction, the remaining provisions shall remain in effect to the fullest extent permitted by law.
- IT IS FURTHER ORDERED that the Rules as revised in Appendix B SHALL BE EFFECTIVE 60 days after publication of the Third Report and Order and Second Further Notice of Proposed Rulemaking in the Federal Register. Changes to FCC Forms 314, 315, 316 and 318 will be effective 60 days after Federal Register publication of OMB approval of the forms. With respect to renewal applications, we will evaluate compliance with these requirements in applications filed in the next renewal cycle. Licensee performance during any portion of the renewal term that predates the effective date of the rules in the Third Report and Order will be evaluated under current rules, and licensee performance that post-dates the effective date of the revised rules will be judged under the new provisions.
- IT IS FURTHER ORDERED that, pursuant to Sections 0.201-.204 of the Commission’s Rules, 47 C.F.R. § 0.201-.204, and Section 5(c)(1) of the Communications Act of 1934, as amended, 47 U.S.C. § 155(c)(1), the Chief, Media Bureau, IS DELEGATED AUTHORITY to act as described in paragraphs 40, 56, 62 and 67 herein.
- IT IS FURTHER ORDERED that the Petition for Rulemaking filed by the Amherst Alliance, Talk Radio of Pahrump, Midwest Christian Media, Providence Community Radio, and Nickolaus E. Leggett N3NL IS HEREBY DISMISSED.
- IT IS FURTHER ORDERED that the Commission’s Consumer and Governmental Affairs Bureau, Reference Information Center, SHALL SEND a copy of this Third Report and Order and Second Further Notice of Proposed Rulemaking , including the Initial Regulatory Flexibility Analysis and the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration.
- IT IS FURTHER ORDERED that the Commission SHALL SEND a copy of this Third Report and Order and Second Further Notice of Proposed Rulemaking in a report to be sent to Congress and the General Accounting Office pursuant to the Congressional Review Act, see 5 U.S.C. § 801(a)(1)(A).
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
