When the FCC originally approved LPFM, it made a very controversial move to allow LPFM stations to not be required to protect a domestic full power or translator station's third adjacent channel (+/- 600 kHz). This decision was made based on studies done by a pro-LPFM group, the National Association of Broadcasters (NAB) (which supports third adjacent protection requirements) and a study conducted by the Commission's own Office of Engineering and Technology. The FCC opened up some filing windows and allowed applications without the third adjacent channel protection.

The Radio Broadcast Protection Act

The NAB which has opposed the LPFM service in general used it's lobbying power to get Congress to include a "rider" on a DC appropriations bill that would impose a third adjacent channel protection to full power and FM translator stations, require distance separation and impose a ban on any person with a "pirate past" from being a party to an LPFM license. As a result of this rider, all applications that did not meet third adjacent channel spacing were automatically void. The bill also required the FCC to conduct a technical field trial on the impact of LPFM stations operating on third adjacent channels as well as a study on the economic impact that these stations could create. The Radio Broadcast Protection Act was passed and eventually codified in the FCC rules. The FCC then had a short remedial filing window where those impacted by the RBPA could file a major change application to move their station to a different location and/or channel. Some stations filed applications while others were deadlocked. Those who were deadlocked were dismissed on March 17, 2003, a day we call the "St. Patty's Day Massacre".

The Local Community Radio Act of 2009

As a part of the RBPA, the FCC was required to conduct an independent study on the impact of Low Power FM radio stations operating on third adjacent channels. The report from the FCC's subcontractor, MITRE Corporation showed that there will be minimal impact on full power FM broadcast stations. In 2009, a version of the LCRA was passed by voice vote in the House but died in the Senate.

The Local Community Radio Act of 2010

After negotiation with what some would call a "whole new" National Association of Broadcasters, a 2010 version of the LCRA was introduced and easily passed the House and Senate on voice votes. View the bill text

So what now?

Even though the bill has passed, the rules have not yet been changed. There will need to be a rulemaking proceeding to implement the new rules. Currently, the FCC is still very engaged in the 2003 Auction 83 (Great Translator Invasion) filing window. Some of the language of the LCRA may have some impact on the translator filing window.

What will be the new rules?

While they have not been codified in the FCC rules, we are predicting the following changes: * Third adjacent channel protections towards domestic FM stations, FM translators and FM boosters would be eliminated. * Third adjacent channel protections would remain in place towards foreign stations. (LPFM never had this pre-RBPA). * On air advisories will be required if an LPFM station would have been third adjacent channel short spaced under the old rules. Remediation processes will be required in the event of interference complaints. (If the full power FM station is located in New Jersey, then these processes will be performed if the third adjacent station is closer than the distance shown under "Co-channel" in the rules). Keep checking for updates.