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FCC Unanimously OKs LPFM NPRM Before Thursday Meeting

The FCC unanimously approved an NPRM Tuesday on technical changes to low-power FM rules that had been slated for Thursday’s commissioners’ meeting. As expected, the proposals were noncontroversial and the item didn’t undergo substantive changes before getting an OK (see 1907150055). The quick approval and lack of back and forth suggests an order that arises out of the NPRM is also unlikely to meet with much opposition on the eighth floor, broadcast attorneys told us. The NPRM acknowledges that LPFM is developing into “a mature service,” said REC Networks founder Michelle Bradley in a blog post. The FCC issued a notice Wednesday announcing the item's deletion from Thursday's agenda.

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The NPRM proposes expanding LPFM options for directional antennas, relaxing rules around LPFM use of FM boosters, and sunsetting all requirements that FM stations protect TV stations using Channel 6 in 2021. The latter is a “big surprise to the entire industry,” said Bradley, who also called it a “big win.” Such a policy shift could eventually open up more spectrum options for LPFM stations, a broadcast attorney said. The NPRM also proposes making it easier for LPFM stations to move locations as long as licensees can show there are no contour overlaps.

We seek comment on technical proposals to improve LPFM reception and to increase flexibility in siting while maintaining interference protection and the core LPFM goals of diversity and localism,” the NPRM said.

Some of what they are suggesting here does in some ways meet some of the spectrum and technology needs” of LPFM stations, said broadcast attorney Michael Richards, who represents the LPFM Coalition. “Some of what they are suggesting here does in some ways meet some of the spectrum and technology needs” of LPFM stations, Richards said. The proposals in the NPRM may not necessarily lead to a similar final order, he cautioned. “Recently we have seen that tentative conclusions can get changed dramatically without much comment on them,” Richards said, citing the agency’s recent revamp of FM translator interference rules. The LPFM Coalition and several others filed petitions for reconsideration of those rule changes (see 1907290064).

The proposed rule changes don’t go as far as they could, said Bradley. Though stemming from an REC petition for rulemaking, the NPRM doesn’t include Bradley’s proposals for “LPFM relief from short-spaced FM translators” and for changes that would allow LPFMs to increase power. “REC is urging all commenters to request these items back on the table and be considered,” Bradley said.