On this date 5 years ago, the FCC issued a public notice which effectively puts a nail in the coffin for hundreds of LPFM applications. These were the applications that were impacted by the Radio Broadcast Preservation Act enacted by Congress which mandated third-adjacent channel protection by LPFM stations to full-power and translator stations. While some applicants were able to move to other channels, many applicants were "deadlocked" and could not change frequencies or locations to remain compliant with the Act. A Petition for Reconsideration lead by REC and supported by others was denied by the Commission.

5 years ago this week, the FCC opened the "Auction 83" filing window which was designed to expand the number of FM translators. As a surprise to many, over 14,000 applications were filed in the window with a significant number of them filed by the co-owned Radio Assist Ministries and Edgewater Broadcasting.

What eventually surfaced was a long battle by REC, Prometheus and the grassroots movement that eventually lead to the FCC starting to look at their policies regarding speculative filing. As a result, the FCC has placed limits on the number of pending applications from that filing window and to address potential issues of speculative filing in the full power services, the FCC imposed a similar limit on last year's Non-Commercial Educational (NCE) FM filing window.

While we encourage all proponents to support the future development and expansion of LPFM stations in comments, for those who wish to specifically address the issues that the FCC is raising in this second Further Notice of Proposed Rulemaking (FNPRM), REC has complied a list of the questions and issues the FCC is seeking comments on. Our listing is in a bulleted list format for ease of reading. When we file detailed comments, we first prepare a document like this to work off of.

REC encourages everyone to read the Report and Order and Second FNPRM.

Our doucment does not express any opinions. We will be releasing positional information on issues at a later time and for some issues, after consultation with our allies.

Deep in a notice of proposed rulemaking (NPRM) for broadcast diversity (MB Docket 07-294), the Federal Communications Commission, acting on a recommendation by Mullaney Engineering, would propose the expansion of the FM Broadcast Band to include the spectrum of TV Channels 5 and 6 (76-88 MHz).

If approved, this could open opportunities for 60 additional channels to the existing 100 channels.

The spectrum between 76-88 MHz is already used for FM broadcast in Japan (their FM band is from 76-90 MHz and they have television in the 90-108 MHz range).

REC will be working together with our allies and media partners to provide our own concept of an expanded Channel 5 & 6 spectrum.

Notice of Proposed Rulemaking

Comments of Mullaney Engineering

This past week, REC had supported Low Power Leadership Day, an event thrown by our allies at Prometheus Radio Project. This event attracted several people from the independent media community as well as the operators of LPFM and NCE-FM stations.

During the event in Washington DC, REC's Michelle Eyre gave an overview of the situation surrounding translators, the Great Translator Invasion and how LPFM stations protect translators. Various others spoke on other topics.

On Tuesday, Michelle and others visited the FCC to give presentations to the Media Bureau staff. In the afternoon, everyone was let loose on the Senate and the House.