The Low Power FM (LPFM) Fifth Report and Order was published in the Federal Register on April 5, 2012. The final rules will go into effect next Monday, June 4, 2012.
This R&O amends section 73.807 of the rules to remove third adjacent channel spacing requirements between LPFM staitons and most full power FM stations and FM translators.
LPFM stations will still be required to protect third adjacent channel on full power FM stations that operate a radio reading service and on FM stations located outside of the United States.
It is in REC's opinion that our interpretation of the Local Community Radio Act of 2010 section 7(2) that relates to the required "periodic announcements" applies only to new and not existing LPFM stations. Therefore, we see absolutely no reason why an existing LPFM station, including one that is facing interference or displacement can not file a minor change application to specify a new channel that under today's rules would be short spaced to a domestic third-adjacent channel station that does not have a radio reading service.
Under section 73.870(a)(1) of the rules, LPFM stations are permitted to change channels on a minor change to an adjacent channel (+/- 0.2 MHz), an IF channel (+/- 10.6 and 10.8 MHz) or upon a technical showing of reduced interference, to any frequency. LP100 stations can also change transmitter locations up to 5.6 km from their current site on that same minor change.
If you use the REC LPFM Channel Search Tool or RECPRO to search for channels, make sure you do not look at channels that have the blue "presumed dismissed" message or the "FXPD" indicator in RECPRO as these channels are not available due to pending FM translator applications that still must be processed. Channels with those indicators in the REC products are currently blocked by translators which based on an REC study are short spaced to LPFM protected channel/points inside a metropolitan grid. These translators may still be granted if they are moved or otherwise show that they do not preclude the LPFM channel points in spectrum limited markets or the translator site in the top 50 markets.
Also, when using the REC Channel Search Tool or RECPRO, make sure you "notch" out your existing LPFM facility by entering your facility number in the "Notch" field or using the NOT <facility_id> command in RECPRO.
REC advises current LPFM stations to consult with their consultants, engineers or attorneys regarding this statement and whether your station has any new potential opportunities to resolve interference issues.
If you have any basic questions, please contact REC.
REC NETWORKS DISCLAIMER: While REC strives to provide the most accurate information possible, the advise given by REC is not that of a qualified and/or licensed consulting engineer or an attorney and therefore should be not construed as legal advice. By using the information presented, you waive Michelle Eyre (Michi Eyre) and REC Networks of any and all liability. This information is presented where-is, as-is and with no warranty.