- Public File and Ownership Reporting. We deny a request by UCC that we impose public file and ownership reporting requirements on LPFM licensees.[1] As a general matter, we agree with UCC’s assertion that these are important sources of citizen information about a station’s programming, ownership, and compliance with Commission rules.[2] As we have already stated in the Report and Order, however, these requirements would impose a burden that is out of proportion to the small noncommercial nature of the stations. We also continue to believe that the community-oriented nature of the stations’ service further reduces the justification for such requirements. We are not swayed by UCC’s argument that nonlocal entities, which may hold LPFM licenses after the initial two years of licensing, will not have an incentive to be responsive to their communities. The unknown extent of such nonlocal ownership and the nature of resulting operations do not warrant the imposition of a disproportionate burden on all LPFM licensees at this time.
- Low Power Advisory Committee. We will not establish a low power advisory committee as suggested by the Amherst Alliance.[3] LPFM broadcasters and other interested parties are free, of course, to form a private organization to promote LPFM, support and assist its members and their operations, and address technical issues with each other and, where appropriate, raise them with the Commission. Amherst Alliance has not raised a compelling reason, however, for governmental institution of such an organization at this time.
- Automatic Program Review. We will not establish an “automatic program review” as also urged by the Amherst Alliance.[4] It is possible that, in time, our experience with LPFM, as with any new service, will lead us to consider changes in our rules to enhance the quality of the radio service the public receives. Amherst specifically suggests that we plan to revisit our determinations to require 2nd adjacent channel separations, to require “buffer zones” in our channel separations, and to reject low power AM service.[5] They also suggest we consider authorizing 250 watt service in small cities and rural areas, and adjusting wattage ceilings in some urban environments.[6] Although we are open to proposing, or considering proposals, to revise our rules after we have had experience with the service, we do not find it necessary to commit now to a review in the future.
- Transfers of Control – Nonstock Entities. In the Report and Order, we established that LPFM licenses (and licensees) cannot be sold or transferred to another entity. We will here clarify, in response to Colorado Christian University’s Petition for Reconsideration, that the gradual change of a governing board or membership body to the point that a majority of its members are new since the authorization was granted will not, by itself, constitute a prohibited transfer of control. This policy is consistent with the Commission’s practice in responding to these gradual changes in nonstock entities when they occur for full-power NCE licensees.[7]
- Regulatory Flexibility. As required by the Regulatory Flexibility Act, 5 U.S.C. § 601 et seq., a Supplemental Final Regulatory Flexibility Analysis has been completed and is attached as Appendix B hereto.
[1] See UCC Petition.
[2] Report and Order, 15 FCC Rcd at 2277, ¶ 185.
[3] Amherst Petition at 2.
[4] Amherst Petition at 4.
[5] Amherst Petition at 2-6.
[6] Amherst Petition at 6.
[7] See Notice of Inquiry, MM Docket No. 89-77 (Transfers of Control of Certain Licensed Non-Stock Entities), 4 FCC Rcd 3403 (1989).
