FCC Denies REC's Motion
FCC says no to reinstating dismissed LPFM applications.
REC received a letter today from Audio Bureau chief Peter Doyle denying both a petition for reconsideration filed by REC Networks and other LPFM stakeholders and an Emergency Motion filed solely by REC Networks.
The Petition for Reconsideration was filed one week after the "St. Patrick's Day Massacre" when the FCC dismissed hundreds of LPFM applications in March, 2003. In our timely filed Petition for Reconsideration, REC stated that the issue around third- adjacent channel protection was still an open issue pending the outcome of the MITRE study and any subsequent Congressional action.
The Petition for Reconsideration was jointly filed by REC Networks along with The Amherst Alliance, RM-9208 co-author Nickolaus Leggett, webcaster WJKCE Radio, KZQX-LP and LPFM supporters Wiliam Blew and Jonathan E. Grant.
The Petition for Reconsideration was filed using the Commission's procedure that permits the filing of documents via e-mail for proceedings that normally do not appear in the Commission's Electronic Comment Filing System. There was no action or acknowledgement of the Petition being received.
Earlier this month, REC filed an Emergency Motion for Reinstatement of the Dismissed Applications. In our Motion, we pointed out the points that were made in our original Petition.
In the FCC's letter to REC, the Bureau Chief states "The issue is not what criteria Congress will someday impose on LPFM stations, but what criteria are imposed currenly". "The findings of the Commission pursuant to the testing and the mere possibility of Congressional response to those findings are irrelevant to the applications."
The letter goes on to quote an Appeals Court case (Bachow Communications vs. FCC, DC Circuit 2001) that states that the FCC has the authority to "change license allocation procedures midstream" despite the fact that such changes may "disrupt expectations" and "alter the competitive balance among applicants".
REC will evaluate the situation a determine if any further action is necessary. REC as well as other LPFM stakeholders are currently evaluating the MITRE study on LPFM third adjacent channel interference.