REC Networks has filed comments with the Federal Communications Commission on the Petition for Rulemaking filed by the upstart Low Power FM Advocacy Group (LPFM.AG). In their petition, LPFM.AG seeks to make substantial changes to the LPFM service which included the ability for LPFM organizations to air commercials, own more stations, have primary status, the ability to have boosters, increase power and use the same engineering rules that apply to FM translators. The LPFM.AG petition also called for the ability for unbuilt construction permits to be transferred to other organizations in order to save the station. The petition also addresses what LPFM.AG considers as "unfair" forfeitures imposed on LPFM stations and seeks more clarity on underwriting messages for non-commercial stations.
REC files in opposition to a commercial LPFM service. While such a service can be legally created, current federal statutes would require the elimination of many of the ownership restrictions that have made LPFM a unique community service such as the local ownership rules and nationwide ownership caps. As a commercial service, there would be nothing stopping iHeart Media or Educational Media Foundation from applying for and purchasing LPFM stations. The imposition of a commercial LPFM service would mandate competitive bidding (auctions) to resolve multiple groups competing for a channel when at least one of the applicants is commercial. Mandatory auctions will shut out non-commercial applicants as well as the small business commercial applicants the petition is attempting to address.
While REC does support LPFM being upgraded to a primary allocation, such a change can not be done through the rulemaking due to provisions in the Local Community Radio Act of 2010. REC respects this aspect of the compromise made between LPFM interests and the commercial broadcast industry. Primary status can only be obtained through new legislation in Congress.
Through fact-checking, REC has determined that forfeitures imposed on LPFM stations for violations of the regulations and statutes related to underwriting announcements are consistent with their full power peers. REC also clarified LPFM.AG's statements about the number of LPFM stations that have "failed" over the past 15 years reducing their quote of over 600 stations to less than 150.
REC does support changes to the rules in regards to assignments and transfers of LPFM construction permits and licenses. REC is requesting that the ability for unbuilt original construction permits to be able to be assigned to an unrelated but qualified organization at 15 months after the original grant with an extension to 36 months. REC also proposes to eliminate the 3 year waiting period on assignments, a restriction put in place following the 2003 Auction 83 "Great Translator Invasion" filing window.
While REC supports FM boosters for LPFM stations, it opposes LPFM.AG's request to allow FM boosters to operate at 200% of the maximum service class and to allow for service outside of the primary service contour. On-channel FM boosters have a specific purpose to fill in small areas of a service contour and there should be very few LPFM stations that would have a need for one.
REC supports in part LPFM.AG's request to change LPFM engineering rules to contour overlap similar to those rules used for FM translators. REC does note that provisions in the Local Community Radio Act does require that minimum spacing tables must be used. REC proposes "Plan B", which is a method of doing contour overlap protection that is complaint with the Local Community Radio Act.
REC also supports expansion of the types of underwriting announcements that a non-commercial educational station can made as well as changes to how LPFM stations identify themselves on the air. REC maintains its opposition to third-party fundraising except in the wake of natural disasters.
REC supports changes to improve LPFM for current and future community service organizations wishing to extend their educational programs to radio and to provide those services without having to face the commercial influence or motivation of others.
REC's comments can be found at the following URL:
http://recnet.net/fcc/RM-11753_comments.pdf
More information about REC's "Plan B" can be found at:
http://recnet.com/planB
