What rules and policies can't be changed through rulemaking

Based on REC's interpretation of the Local Community Radio Act (LCRA), the following things can't be changed through rulemaking: 

  • §73.807(a)(1), (b)(1), (c)(1): Some form of co-channel, first-adjacent and second-adjacent protection to full-service FM, FM translators and FM boosters [2(a)(1)]
  • §73.854: Exclusion from LPFM if a party on the application has engaged in unauthorized operation under 47 USC 301 [2(a)(2)]
  • §73.807(a)(1), (b)(1): The elimination of a distance separation requirement between LPFM stations and full power FM stations [3(b)(1)] (note: our interpretation of this also means that distance separation is not required towards translators or other LPFM stations)
  • §73.807(e): Any change of the definition of "interference" in respect to second-adjacent channel short spaced stations [3(b)(2)]
  • §73.807(a)(2): The elimination of the third-adjacent channel protection requirements towards stations running radio reading services [4] (note: REC supports that the FCC updates the list of stations running these services. The current list used is from 17 years ago)
  • The elevation of LPFM (or translators) to primary status. [5(3)]
  • §73.827(a): The elimination of or changes to the "predicted interference area" in respect to LPFM stations operating that, on a third adjacent channel has a nearby translator which uses that channel is its input. [6]
  • §73.810(a)(1): The elimination of translator-style interference rules to protect full-service stations on "short-spaced" third adjacent channels. [7(1)]
  • §73.810(b)(2): The periodic announcement requirement for third-adjacent channel stations. [7(2)] (note: We are still under the position that the FCC misinterpreted this statute as to apply to LPFM stations that are not third-adjacent "short-spaced". It is REC's position that it should apply to LPFMs that are third-adjacent short spaced.)
  • Apply the translator-style interference rule to LPFM in respect to all full-service FM facilities in the state of New Jersey. [7(6)]

As REC has mentioned in previous filings, the following changes also can not take place through the rulemaking process:

  • A commercial LPFM service where mutually exclusive applicants can be decided without auctions.  [47 USC §309(j) as amended by the Omnibus Budget Reconcilliation Act of 1993 and Title III of the Balanced Budget Act of 1997]
  • A commercial LPFM service without a nationwide ownership cap.  [Telecommunications Act of 1996, section 202]
  • A commercial LPFM service without filing or regulatory fees. [47 USC §158 & 159]