services via a subcarrier frequency from potential 
LPFM station interference. 
‘‘(3) ENSURING
AVAILABILITY
OF
SPECTRUM 
FOR LPFM STATIONS.— 
‘‘(A) RESTRICTIONS
ON
LICENSING
FM 
TRANSLATOR
STATIONS.—When licensing FM 
translator stations, the Commission shall— 
‘‘(i) ensure that licenses are available 
to both FM translator stations and LPFM 
stations by, among other means, use of 
more sophisticated technical options, such 
as contour overlap and mapping based on 
the 
Individual 
Location 
Longley-Rice 
model set forth by the Federal Commu-
nications Commission in Docket No. 98– 
201, and ensure to capture the full usage 
possibility of the spectrum, rather than 
using the simplest minimum distance spac-
ing methods in allocating LPFM station 
and FM translator station licenses; and 
‘‘(ii) provide priority to licensees pro-
ducing and broadcasting at least 8 hours 
of locally originated programming per day.
‘‘(B) OWNERSHIP
LIMITATIONS; NUMBER 
OF
REPEATERS
PER
STATION.—The Commis-
sion shall not permit— 
‘‘(i) any entity to own or have an at-
tributable interest in more than twenty 
FM translator stations, nationwide; or 
‘‘(ii) any single FM radio station to 
have its broadcast signal repeated more 
than 20 times through the use of FM 
translator stations. 
‘‘(C) SECONDARY
STATUS
OF
TRANS-
LATORS.— 
‘‘(i) 
PREFERENCE
FOR
LOCALLY 
ORIGINATED
PROGRAMMING.—The Com-
mission shall require that all FM trans-
lators, except for fill-in translators, shall, 
regardless of the order in which their li-
censes were applied for or granted, be op-
erated as secondary to LPFM stations that 
produce and broadcast at least 8 hours per 
day of locally originated programming. 
‘‘(ii) DEFINITIONS.—For purposes of 
this subsection—
‘‘(I) the term ‘fill-in translators’ 
means a station operating pursuant to 
47 CFR 74.1201(g), (h), and (i); and 
‘‘(II) the term ‘secondary’ means 
that a station shall be subject to the 
condition that no harmful interference 
is caused to other radio broadcast sta-
tions. 
‘‘(4) SCHEDULE OF LOW POWER RADIO OPPOR-
TUNITIES.— 
‘‘(A) SCHEDULE OF WINDOWS FOR LOW- 
POWER FM LICENSING.—The Commission shall 
establish and publish a schedule for low-power 
radio licensing windows, with licensing opportu-
nities for both stations with effective radiated 
power of 100 and 10 watts, respectively (re-
ferred to as ‘LP–100’ and ‘LP–10’ licenses), 
available no less frequently than every three 
years. The Commission shall plan the allocation 
of its resources to meet the published schedule. 
‘‘(B) AVAILABILITY IN EACH STATE.—In 
accordance with section 307(b), the Commission 
shall ensure that, to the greatest extent possible 
under its rules as in effect on the date of enact-
ment of the Enhance and Protect Local Com-
munity Radio Act of 2005, at least one LPFM 
station licensing window shall be available in 
each State at least once each 3 years. 
‘‘(C) PROCESSING DEADLINES.—The Com-
mission shall grant or deny each LPFM station 
license application within 2 years of the date of 
its submission. If the Commission has not 
granted or denied the license application within 
such 2 years, the license will be deemed grant-
ed, except that— 
‘‘(i) any delay caused by the failure of 
the applicant to provide necessary informa-
tion required by the Commission’s rules or 
requested by the Commission shall not 
count against the 2-year deadline; 
‘‘(ii) nothing in this subsection shall 
prohibit an applicant from waiving the 2- 
year limit, but such waiver shall be in writ-
ing and shall include a date certain by 
which the Commission will act; and 
‘‘(iii) in cases where applications con-
flict or are otherwise contested, the Com-
mission shall adhere to the 2-year limit un-
less all parties agree to extend the deadline 
pursuant to clause (ii).