**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | MM Docket No. 99-25          |
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| The Mitre Corporation's          | ** |                              |
| Technical Report, "Experimental  |    |                              |
| Measurements of the              | *  |                              |
| Third-Adjacent-Channel Impacts   | *) |                              |
| of Low-Power FM Stations"        | ** |                              |
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**ORDER**

**Adopted: August 29, 2003 Released: August 29, 2003**

By the Chief, Media Bureau:

# 

1.  On July 11, 2003, the Media Bureau issued a Public Notice seeking
    public comment on the above-captioned MITRE Corporation technical
    report (the "Report").[^1] The Commission provided 60 days, setting
    September 12, 2003, as the deadline for all comments.

2.  National Public Radio, Inc. ("NPR") and the International
    Association of Audio Information Services ("IAAIS")[^2] have jointly
    filed a Motion asking the Commission to extend the comment deadline
    in this proceeding by 90 days so that comments would be due December
    10, 2003.[^3] They assert that each organization operates with
    limited resources and needs more time to assess the extensive Report
    while meeting their respective ongoing operational
    responsibilities.[^4] They further argue that all interested parties
    should have a full opportunity "to assess and, resources permitting,
    test the validity of the Report and its conclusions."[^5]

3\. In December 2000, Congress enacted legislation mandating that the
Commission conduct an experimental program to determine whether low
power FM ("LPFM") stations would cause interference to existing FM radio
stations if LPFM stations were licensed without third-adjacent channel
protection requirements. In July 2001, the Commission selected The MITRE
Corporation ("MITRE") to conduct the required LPFM experimental program
and field tests. MITRE issued a Request For Proposals ("RFP") in late
2001, outlining detailed parameters for the required LPFM experimental
program and field tests. It posted the RFP on its website and also
published notice of the LPFM RFP in *Broadcasting and Cable Weekly*,
*Commerce Business Daily*, and other industry publications.

4\. More than two and one-half years has elapsed since Congress directed
the Commission to conduct the LPFM experimental program and field tests.
The public has had ample opportunity to become familiar with the LPFM
testing parameters, to conduct their own further testing and studies,
and to otherwise prepare for completion and publication of the LPFM
report. It is particularly appropriate to expect the timely submission
of comments by NPR and IAAIS when, as is the case here, these parties
participated extensively on these technical issues during earlier stages
of this proceeding. Granting NPR's and IAAIS's request would result in a
lengthy delay in the delivery of the Commission's recommendations to
Congress. Moreover, the submission of these materials to Congress will
not result in any modification of the protection standards mandated by
Congress, standards that the Commission cannot modify without prior
Congressional action. We recognize, however, the importance of allowing
parties to evaluate and, potentially, assemble additional data to test
the Report's validity. In these circumstances a shorter extension, until
October 14, 2003, would best serve the public interest.

5\. Accordingly, IT IS ORDERED that petitioners' Motion for Extension of
Time IS GRANTED in part, and otherwise IS DENIED. The comment deadline
is extended to October 14, 2003.

FEDERAL COMMUNICATIONS COMMISSION

W. Kenneth Ferree

Chief, Media Bureau

[^1]: *Public Notice, Comment Sought on the MITRE Corporation's
    Technical Report, "Experimental Measurements of the
    Third-Adjacent-Channel Impacts of Low-Power FM Station,"* DA 03-2277
    (rel. July 11, 2003).

[^2]: IAAIS operated formerly as the National Association of Radio
    Reading Services.

[^3]: NPR/IAAIS Motion for Further Extension of Time, filed Aug. 8,
    2003.

[^4]: *Id.* at 3.

[^5]: *Id*. at 3-4.