The FCC has recently ruled against keeping a docket open that would have further restricted LPFM and FM Translators in the state of New Jersey. In 2004, the New Jersey Broadcasters Association (NJBA) filed a Petition for Rulemaking that would become RM-11099. Under the NJPA's proposal, the protected service contours of full power stations in New Jersey would be substantially extended where it comes to LPFM and FM translator stations.
New Jersey has always been in a unique situation that because of their geography, many full power stations in and around New Jersey are concentrated in the New York City and Philadelphia markets leaving very few channels available in other parts of the state.
This unique sitautation and poltiical influence lead a New Jersey provision to be placed into the Local Community Radio Act. Under the provision in the LCRA, the required on-air announcements for new LPFM stations short spaced to third adjacent stations under the previous rules would be required in respect to third adjacent channel New Jersey FM stations, however at the co-channel distances. For example, under the LCRA, a new LPFM station that under the old rules, short spaces a Class A FM station on a third adjacent channel by less than 29 km would be required to run on-air announcements advising listeners to contact the broadcaster if interference is received. Under the New Jersey provision (which some have also argued can also apply to Puerto Rico) will require the announcements if the third-adjacent Class A station is less than 67km away.
In February, 2012, the FCC took comments on GC Docket 12-39 which was intended to disposition hundreds of so-called "dormant" proceedings. During this comment process, the NJBA asked that RM-11099 keep this docket active and consider the additional protections that were proposed. The FCC declined the NJBA's request citing the recent Fifth Report and Order and Fourth Further Notice of Proposed Rulemaking in MM Docket 99-25. The FCC states that RM-11099 and the recent decisions in 99-25 as "common subject matter" and that NJBA may file their desired changes into MM 99-25. With that, the FCC terminates RM-11099 as dormant.
