**PUBLIC NOTICE**![](media/image1.png){width="0.7388888888888889in"
height="0.7458333333333333in"}

**FEDERAL COMMUNICATIONS COMMISSION** News Media Information: (202)
418-0500

**445 12th STREET, S.W.** Fax-On-Demand: (202) 418-2830

# WASHINGTON, D.C. 20554 Internet: [http://www.fcc.gov](http://www.fcc.gov/)

# ftp.fcc.gov

**DA 02-2178**

**September 9, 2002**

### 

### 

### Media Bureau to Open Low Power FM Major Amendment Window from October 28, through November 1, 2002, 

### for Certain Pending New Station Applications

## 

## Procedures Announced to Permit Certain Applicants to Comply with 

## Third-adjacent Channel Protection Requirements.

By this public notice, the Audio Division of the Media Bureau announces
that it will open a filing window to enable certain pending low power FM
(LPFM) applicants to amend their applications to comply with the
Commission's third-adjacent channel protection rules.

***Background.*** Under the Commission's initial LPFM technical rules,
an LPFM station application was not required to provide third-adjacent
channel protection to FM stations.[^1] Between May 28, and June 8, 2000
("Window I"), and between July 28, and August 1, 2000 ("Window II"), the
Commission received applications for new LPFM stations from various U.S.
jurisdictions filed in accordance with this interference standard.[^2]
Subsequently, in December 2000, Congress passed legislation requiring
the Commission to adopt third-adjacent channel protection standards and
to apply the new requirements to all LPFM applications already on
file.[^3]

Subsequently, the *Second LPFM Report and Order* codified new
third-adjacent channel minimum distance separation requirements.[^4]
Additionally, in the *Second LPFM R&O*, the Commission acknowledged that
it had already received numerous otherwise acceptable applications in
Windows I and II that did not comply with the more stringent
interference protection standards. Based on an analysis of a subset of
these newly short-spaced proposals, the Audio Division determined that
most of the affected applications would require "major amendments."[^5]
Under LPFM processing rules, major amendments may only be filed during
specified window filing periods.[^6] The *Second LPFM R&O* advised LPFM
applicants that the staff would open a remedial filing window for
corrective major amendments.

***Eligibility.*** An LPFM applicant may modify its technical proposal
in the upcoming major amendment window only if: (1) the application was
filed in Window I or II; (2) the application violates current
third-adjacent channel separation requirements; and (3) the application,
as originally filed, is otherwise technically acceptable. Appendices A
and B of the *Second LPFM R&O* list applications that the Audio Division
previously determined were eligible to file major amendments in the
upcoming window. Additionally, the attached appendix lists several
additional eligible applications that the staff subsequently identified.
An applicant not included in any of these Appendices that nonetheless
believes that it is eligible to file a major amendment must include an
exhibit that identifies the facility to which the original application
had a third-adjacent channel spacing defect.

***Protection Requirements.*** Major amendments must protect all FM, FM
Translator, FM Booster, and TV Channel 6 authorizations. Additionally,
the proposed facilities must protect all pending broadcast applications
(including all acceptable LPFM applications to which there is no
existing conflict) that were filed prior to the date of this Notice.[^7]
Major amendments also must protect vacant FM allotments.[^8] If an LPFM
application that is amended during the upcoming window fails to satisfy
these protection requirements, the applicant will not be provided an
opportunity to correct amendment deficiencies. Eligible applicants are
[not]{.underline} required to protect mutually exclusive LPFM
applications that were filed in the same window. This includes
applications that, as originally filed, violated current third-adjacent
channel protection requirements and those that fully complied with these
requirements. If two technically acceptable major amendments are in
conflict, the applications will be treated as "mutually exclusive" and
processed in accordance with the procedures set forth in 47 C.F.R. §
73.872.[^9]

***Participation.*** Major amendments may only be filed during the
window.[^10] Any major amendment that is filed after the release of this
public notice but, prior to the opening of the filing window, or filed
after the close of the filing window will not be considered. Several
applicants have already filed major amendments. The staff will retain
and process these major amendments. However, such amendments will not
receive cut-off rights or any other advantage over an applicant that
properly files during the upcoming major amendment window or any FM
application filed prior to the release date of this public notice. We
strongly encourage applicants that have already filed such amendments to
review their filings to confirm that they continue to be technically
acceptable. If necessary, such applicants may also file amendments in
the window. The window-filed amendment will supersede any prior-filed
technical amendment.

***Finding an acceptable LPFM Channel.*** Applicants may use the Media
Bureau's LPFM Channel Finder to help determine if a fully-spaced
facility could be authorized at a proposed transmitter site.[^11] This
utility is available on the FCC web site at:
<http://www.fcc.gov/mb/audio/lpfm>. The site also provides additional
information on the new LPFM service, including the text of the LPFM
Report and Order, specific rule requirements for LPFM applicants, and
methods to determine the coordinates of an applicant's proposed
transmitter site.

***Paper and Electronic Filing.*** The Commission accepted both the
electronic and paper application formats of FCC Form 318, Application
for Construction Permit for a Low Power FM Broadcast Station, during
Windows I and II.[^12] Applicants that originally filed on paper may
file amendments during the upcoming window either by using the Media
Bureau's electronic filing system or manually submitting a paper
amendment. Neither electronically-filed nor paper-filed amendments will
be made publicly available until after the close of the window.

If an application was originally filed electronically, it must be
amended electronically via the Consolidated Database System (CDBS)
online electronic forms filing system, located at the following site:
<http://www.fcc.gov/mb/elecfile.html>.[^13] Electronic filers should
simply access their current accounts and complete the steps necessary to
submit an amendment to their existing electronic application. Applicants
filing electronic amendments to applications that were originally filed
on paper should follow these same procedures, except that such
applicants must first create a new account at the electronic filing
site.

Applicants intending to submit amendments electronically are encouraged
to review the Bureau's electronic filing system prior to the opening of
the window and to file as early as possible in the window. Electronic
filing instructions are available in the CDBS User's Guide. The Guide
can be accessed from the following web site:
<http://svartifoss2.fcc.gov/prod/cdbs/forms/prod/cdbs_ug.htm>. Internet
access to the CDBS online electronic forms filing system requires, at a
minimum, a browser such as Netscape version 3.04 or Internet Explorer
version 3.51, or later. The Commission must receive electronically filed
amendments no later than 11:59 PM EST on November 1, 2002.

Written amendments may be submitted in triplicate to the Office of the
Secretary. Such amendments must indicate the applicant name, application
file number, and the facility identification number. Additionally, such
filings should include an exhibit that references the "LPFM Major
Amendment Filing Window" and describes the technical changes set forth
in the amendment. Furthermore, any amendment must include the signature
of an authorized officer of the applicant. While it is not a
requirement, we suggest that re-completing the appropriate sections of
Form 318 would best ensure that any proposed changes are given the
utmost consideration by the staff. This form may be downloaded from the
Internet at: <http://www.fcc.gov/mb/mbform.html> and may also be
obtained by calling (202)-418-FORM.

Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail. Applicants are cautioned, however, that the Commission continues
to experience delays in receiving U.S. Postal Service mail. All filings
must be addressed to The Secretary, Office of the Secretary, Federal
Communications Commission. U.S. Postal Service first-class mail, Express
Mail, and Priority Mail should be addressed to 445 12th Street, SW,
Washington, D.C. 20554. Commercial overnight mail (other than U.S.
Postal Service Express Mail and Priority Mail) must be sent to 9300 East
Hampton Drive, Capitol Heights, MD 20743.

The Commission\'s contractor, Vistronix, Inc., will receive
hand-delivered and messenger-delivered paper filings for The Secretary
at 236 Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002.
The filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with rubber bands or fasteners. Hand
deliveries that include enveloped filings will be denied access to the
building.

***Contacts.*** For additional information regarding technical or
procedural issues, contact Brian Butler or James Bradshaw at (202)
418-2700. For questions regarding the CDBS electronic filing system,
please call (202) 418-2MMB (2662).

\- FCC-

**APPENDIX**

**ADDITIONAL LPFM APPLICANTS ELIGIBLE TO FILE**

**MAJOR AMENDMENTS DURING WINDOW**

  ------------------------ ------------------ ---------------- ------- ----------
  Applicant                File Number        City             State   Facility
                                                                       ID

  AMAZING GRACE FELLOWSHIP BNPL-20000830AAP   TWIN FALLS       ID      126205

  ASSOCIATED STUDENTS,     BNPL-20000608AAN   CHICO            CA      123810
  CALIFORNIA STATE                                                     
  UNIVERSITY, CHICO, INC                                               

  AZALEA GARDEN CHURCH OF  BNPL-20000828ABE   HOLLYWOOD        VA      125887
  GOD / IGLESIA DE DIOS                                                
  ADONAI                                                               

  BLUFF COUNTRY            BNPL-20000828ADM   HOUSTON          MN      126012
  BROADCASTING                                                         

  CALVARY CHAPEL OF ARCATA BNPL-20000605AJI   ARCATA           CA      124464

  CALVARY CHAPEL OF THE    BNPL-20000605AJC   BANNING          CA      124422
  PASS                                                                 

  CANTON CONVENTION &      BNPL-20000901AAK   CANTON           MS      126610
  VISTORS BUREAU                                                       

  CHRISTIAN FELLOWSHIP     BNPL-20000828ABJ   DU QUOIN         IL      125871
  CHURCH                                                               

  CLARK COMMUNICATIONS     BNPL-20000828AAL   WARRENTON        VA      125913

  COMMUNITY ACCESS         BNPL-20000831ABW   SALINA           KS      126013
  TELEVISION OF SALINA,                                                
  INC.                                                                 

  DECATUR JR. SR. HIGH     BNPL-20000831COX   DECATUR          MI      132638
  SCHOOL                                                               

  FIRST BAPTIST            BNPL-20000608ADG   STOCKTON         CA      124757
  CHURCH-STOCKTON CA                                                   

  GEORGIA DEPARTMENT OF    BNPL-20000602AEW   FORSYTH          GA      124173
  TRANSPORTATION                                                       

  GLEN ALLEN COMMUNITY     BNPL-20000828ACH   GLEN ALLEN       VA      125836
  CHURCH                                                               

  IGLESIA SINAI            BNPL-20000605AFE   GOSHEN           IN      124209
  PENTECOSTES, INC.                                                    

  M&M COMMUNITY            BNPL-20000602ABB   TUCKER           GA      123736
  DEVELOPMENT INC.,                                                    
  ATLANTA, GA BRANCH                                                   

  MAINE SCIENCE &          BNPL-20000531ABO   YARMOUTH         ME      123590
  TECHNOLOGY MUSEUM INC                                                

  SOUTHSIDE BAPTIST CHURCH BNPL-20000829ACL   EFFINGHAM        IL      126108

  THE BROADCASTERS CLUB    BNPL-20000605AES   FORT VALLEY      GA      124185

  THE PINEY WOODS SCHOOL   BNPL-20000901ACL   PINEY WOODS      MS      126695

  THE POPULAR ASSEMBLY OF  BNPL-20000829ADA   VIRGINIA BEACH   VA      125974
  NEW HORIZONS 3000 AND                                                
  HIS SUCESSORS                                                        

  TRINITY BIBLE CHURCH     BNPL-20000830AAR   POWELL           WY      126226
  ------------------------ ------------------ ---------------- ------- ----------

[^1]: *See* *Creation of Low Power Radio Service, Report and Order*, 15
    FCC Rcd 2205, 2246 (2000) ("*R&O*") (subsequent history omitted).

[^2]: *See Public Notice, Low Power FM Filing Window, FCC to Accept Low
    Power FM Applications May 30 through June 5, 2000 for Alaska,
    California, District of Columbia, Georgia, Indiana, Louisiana,
    Mariana Islands, Maryland, Oklahoma, Rhode Island, and Utah,* DA
    00-914 (rel. April 28, 2000); *Public Notice, Low Power FM Filing
    Window Deadline Extended, FCC Extends Filing Window Deadline for Low
    Power FM New Station Construction Permit Applications Through June
    8, 2000,* DA 00-1239, (rel. June 5, 2000); *Public Notice, Low Power
    FM Filing Window, FCC to Accept Low Power FM Applications August 28,
    2000 through September 1, 2000 for Connecticut, Illinois, Kansas,
    Michigan, Minnesota, Mississippi, Nevada, New Hampshire, Puerto
    Rico, Virginia, and Wyoming,* DA 00-1697 (rel. July 28, 2000).

[^3]: "Making Appropriations for the Government of the District of
    Columbia for FY 2001," Pub. L. No. 106-553 114 Stat. 2762 (2000).

[^4]: *See* *Creation of a Low Power Radio* Service, 16 FCC Rcd 8026
    (2001) ("*Second LPFM R&O"*). Additionally, also pursuant to
    Congress' mandate, in the *Second LPFM R&O*, the Commission also
    declared former unlicensed broadcasters to be ineligible for LPFM
    licenses. This portion of the statute was declared unconstitutional
    by the U.S. Court of Appeals for the D.C. Circuit and the *Second
    R&O* was vacated in its entirety*. See Ruggiero v. FCC*, 278 F.3d
    1323 (D.C. Cir. 2002). However, that decision was subsequently
    vacated upon grant of a petition for rehearing *en banc* filed by
    the United States and the Commission. Rehearing by the full court in
    the Ruggiero case is currently pending.

[^5]: For LP100 stations applications all changes in channel and changes
    in site greater than 2.0 kilometers would be considered "major."
    *See* 47 C.F.R. § 73.871(c).

[^6]: *See Second R&O,* at 8029-30.

[^7]: *See R&O* at 2256-57.

[^8]: *See* 47 C.F.R. §§ 73.807 and 73.825.

[^9]: Applications filed earlier in the window will not receive any
    preference over those filed later in the window.

[^10]: Ownership amendments that would result in more than a 50 % change
    in the ownership an applicant will not be permitted. Major change
    amendments will not be permitted to correct any technical defects
    other then third-adjacent channel short-spacings. Major changes in
    site are permitted. However, the application must continue to comply
    with the locality requirements of 47 C.F.R. § 73.853(b).

[^11]: The following records were excluded from the Channel Finder
    database to assist applicants in identifying available channels: (1)
    the applications listed in Appendices A and B of the *Second LPFM
    R&O*; (2) the applications listed in the appendix to this notice;
    and (3) the prematurely filed major change amendments referred to in
    the "Participation" section of this notice. The Channel Finder
    database may include applications that a particular amendment need
    not protect, *i.e.*, all applications that, as originally filed,
    were mutually exclusive with the amending applicant's original
    proposal and that, as initially filed, met current third-adjacent
    channel protection requirements. As a result, window filers should
    be aware that the inclusion of acceptable mutually exclusive
    applications in the Channel Finder database may result in the
    Channel Finder erroneously failing to identify an available channel
    or channels at a specified site. Applicants unable to locate
    acceptable channel via the Channel Finder may wish to engage the
    services of a consulting communications engineer.

[^12]: *See e.g. Public Notice* entitled *Low Power FM Filing Window
    Instructions, FCC Makes Available Electronic Filing for the May 30,
    2000 -- June 5, 2000 Window for Low Power FM New Station
    Construction Permit Applications*, DA 00-1175 (rel. May 26, 2000).

[^13]: Amendments will not be accepted via e-mail.