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Amendment to Third Adjacent bill brings heartbreak in Jersey

By admin | 3:00 AM EDT, Sat July 24, 2004

Atlantic City and 9 other NJ towns denied an LPFM future due to S.2505 amendment

The McCain LPFM Radio Act (S.2505) was passed through the Senate Committee on Commerce, Science and Transportation this past week. The version that made it through had two amendments. One was related to LPFM and Full Power FM and their relation to translators. REC is currently analyzing this language and may comment later on this aspect of the amendment.

The other amendment, very cleverly written will retain the third-adjacent channel restrictions in any state that has "more than 3,000,000 housing units and a population density greater than 1,000 people per square mile land area.".

Based on REC's Census data, only one state, New Jersey would fall into this category. Several other states meet one of these two guidelines, but not both.

REC Networks has ran an analysis of communities which were supposed to get LPFM channels as a result of the McCain bill to determine the impacts as a result of keeping the third adjacent channel restriction on full power FM stations licensed in New Jersey.

Topping the list is Atlantic City, which at the time when an LP-10 filing window was to open would have been able to have two simultaneously operating LP-10 stations. In all, 10 New Jersey communities will lose their opportunity to place an LPFM station on the air. An additional 8 communities in NJ as well as communities in Maryland and Delaware will have a reduced selection of available channels.

The following communities will completely lose any opportunity for LPFM:
Atlantic City, NJ (2 LP-10 channels)
Brigantine, NJ (1 LP-100 channel)
Villas, NJ (1 LP-100 channel)
Absecon, NJ (1 LP-10 channel)
Cape May, NJ (1 LP-100 & 1 LP-10 channel)
Wildwood Crest, NJ (1 LP-100 & 1 LP-10 channel)
Rio Grande, NJ (1 LP-10 channel)
Erma, NJ (1 LP-10 channel)
Roosevelt, NJ (1 LP-10 channel)
Diamond Beach, NJ (2 LP-100 channels)

The following communities will still have LPFM yet will see a reduction in the number of channels available in the community:
Forked River, NJ (1 LP-10 channel impacted, 2 LP-10 or 1 LP-100 channel remain available)
Seaside Park, NJ (2 LP-10 channels impacted, 4 LP-10 channels remain available)
Avalon, NJ (2 LP-10 channels impacted, 1 LP-10 channel remains available)
Waretown, NJ (1 LP-10 channel impacted, 1 LP-10 channel remains available)
Beach Haven, NJ (1 LP-10 channel impacted, 4 LP-10 and 1 LP-100 channel remain available)
Crandon Lakes, NJ (1 LP-10 channel impacted, 1 LP-10 channel remains available)
Branchville, NJ (1 LP-10 channel impacted, 1 LP-10 channel remains available)
Barnegat Light, NJ (2 LP-10 channels impacted, 6 LP-10 channels remain available)
Galena, MD (2 LP-10 channels impacted, 6 LP-10 channels remain available)
Leipsic, DE (1 LP-10 channel, 1 LP-100 and 9 LP-10 channels remain)

We do need to note that it may be possible that even though some communities may lose channels, a few channels may be gained based on the "translator" language in S.2505. We can not be sure of this until the FCC initiates rulemaking.

For more information on how each state stands on number of housing units and population density, see http://www.recnet.com/senate/s2505_population.shtml.

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