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Feature: FCC Legalizes FM (IV)

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License Terms:

LPFM stations will be licensed for eight years, with a renewable option (see above).

LPFM stations must operate for a minimum of 36 hours per week.

Licenses may not be transferred between entities; if a station's license runs out, or if a station can't stay on the air for some reason, a new application will have to be filed for another station to take its place.

A political file must be maintained. The FCC's current regulations on indecency and obscenity will apply for LPFM stations. The FCC's rules on sponsorship identification will also apply for LPFM stations.

However, LPFM stations will not be required to keep a public file or send in yearly ownership reports, and will not have to abide by the Commission's public inspection rules.

Emergency Alert System (EAS) Requirements:

LPFM stations will be required to monitor full-power stations that transmit emergency messages (tornado warnings, etc.), and they'll have to pass those messages onto their listeners - but they will not have to buy the costly EAS equipment to encode the signals for transmission like full-power stations do.

WORDS OF CAUTION!

While the National Association of Broadcasters hasn't stopped LPFM from being approved by the Commission, this fight is far from over.

There is still a bill pending in the House of Representatives that would completely wipe out what the FCC has created so far, and stop it from ever bringing it up again.

The NAB has at least three dozen Representatives signed onto the bill, and will actively recruit more once Congress begins its work for this year.  This still remains a real threat - until it is officially taken off the table, either by its sponsors or if it's voted down.

Also, the NAB has several options open to it if it decides to appeal the FCC's low power radio rule.  It can file a Petition for Reconsideration with the Commission, forcing the FCC to give it one more shot at pleading its case against LPFM.

If this does not work, the NAB has already indicated it may file a lawsuit in Federal court to block the FCC from licensing any LPFM stations.  Any of these activities could happen before the first tentative application window begins in May.

This is time for cautious celebration - the enemy still has many tricks up its sleeve it can use to stop LPFM from ever seeing the light of day.

And remember: If all the challenges are conquered, the restrictions on interference may prevent your community from getting its own LPFM station.

Not that this should stop you - the FCC was prepared to open up more frequencies on the FM band, but backed down.  Not because the extra frequencies wouldn't be viable - but because it had to offer an 'olive branch' to the radio industry.

The fight will continue, even after this is all ancient history.  We have won a battle, but the war rages on.
 

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