The FCC (Federal Communications Commission) generally does not have the authority to grant a waiver of the Local Community Radio Act (LCRA) itself because the LCRA is a federal law. The LCRA established certain rules and regulations regarding the licensing and operation of low-power FM (LPFM) radio stations. The Local Community Radio Act (LCRA) is a congressional statute, and any rules established by the FCC to implement the LCRA cannot be waived if such a waiver would contradict the LCRA.
If there is a request for an exception or waiver from specific provisions of the LCRA, it would typically require an act of Congress to amend the law. The FCC is responsible for implementing and enforcing the provisions of the LCRA as they are written in the law.
However, the FCC does have some discretion in how it interprets and enforces the LCRA's provisions, and it can issue decisions or rulings based on its interpretation of the law. In cases where there may be ambiguity or unique circumstances, parties can seek clarification or exceptions through the FCC's rulemaking or waiver processes. Such requests are typically evaluated based on the specific facts and circumstances presented, and the FCC's decisions are subject to review.
If you have a specific question or request related to the LCRA, it's advisable to consult with legal experts or engage with the FCC directly for guidance on your particular situation.
Some of the key elements of the LPFM (Low-Power FM) service that cannot be altered due to statutory requirements of the LCRA include:
The mandated spacing between LPFM stations and "full-service" FM stations, cannot be reduced to distances less than those specified in §73.807 of the FCC rules as they stood when the LCRA was enacted. (Please note that the LP-10 chart was still included in §73.807 at the time of the LCRA's passage.) (LCRA Section 3(a))
The exemption from waiving third-adjacent channel spacing requirements when the third-adjacent channel station carries a radio reading service. (LCRA Section 4)
The classification of LPFM as secondary and equivalent in status to FM translators, cannot be elevated to a different status. (LCRA Section 5)
The requirement to make periodic announcements for third-adjacent channel stations, cannot be waived. (LCRA Section 7).