REC announces Constituent Survey for 2025 FCC proposed and other REC considered LPFM rule changes
Help guide REC's positions on various issues that are being proposed by the FCC and others being considered by REC to improve the LPFM service.
When REC reviews any proposed rulemaking that may come from the FCC, we start with a “common sense” approach to what is being proposed. With this, we reach an initial position. We then also review discussions on issues and in some cases, proactively conduct surveys of our constituents to help shape those positions.
REC considers a “constituent” as anyone who is a stakeholder in the broadcast service. This includes licensees of LPFM and full-service stations as well as members of the advocacy and legal communities. Due to the nature of what is being proposed by the FCC and being considered by REC, we extend the definition of constituent to also include applicants from the 2007 and 2021 noncommercial educational (NCE) filing windows as well as applicants from the 2013 and 2023 LPFM filing windows that were not successful in getting a construction permit grant.
About the survey
This is a two part survey.
In the first part, we will be presenting each issue being proposed by the FCC in MB Docket 24-626, which proposes many administrative changes to broadcast rules with a heavy focus on the LPFM service.
In the second part, REC will be asking for input on various conceptual items that we are currently considering to be filed in a “lessons learned” Petition for Rulemaking based on issues that came up during the 2021 NCE and 2023 LPFM filing windows as well as other high profile cases and other places where REC has identified rules that could be modified to improve the “quality of the life” for LPFM or to otherwise modernize the service.
We do note that this is a fairly long survey since there are many items being considered by both the FCC and REC. You do not have to answer every question. All of the subjects are multiple choice, mostly yes/no however, each subject will also include an opportunity to make a statement to use regarding the subject. Your answers and identity will remain confidential unless you specifically give us permission to disclose your organization’s identity. In all cases, we may include aggregated results of the survey including any non-identifying statements in our pleadings to the FCC on these matters.
How to participate in the survey.
To participate in the survey, click on the link below. We are asking that responses be limited to one per organization and should be made by a board member or someone else with substantial influence over the operation of the station. Members of the advocacy and legal communities may act as individuals.
This survey will be available between now and the end of day on February 2, 2025.
To participate in this survey, please visit:
https://survey.recnet.com/index.php/564192?lang=en
Topics in the survey
Demographic information
First, the survey will ask some basic demographic questions that will gather information about the nature of the broadcast station. These questions determine your station’s organization type, network affiliations, memberships and language of broadcasting.
Part 1 - MB Docket 24-626 REC draft positions
In this section, we will go through many of the issues that are being proposed by the FCC in MB Docket 24-626, for which the NPRM will be voted on at the FCC’s December open meeting. For each FCC issue, REC has already made a draft position. The purpose of the survey is to measure whether there is support for that draft position and whether REC should consider taking a different position.
The FCC issues and REC’s draft positions on those issues are as follows:
Changes on how the FCC processes minor modification applications on the same day. The FCC proposes to harmonize the LPFM rule with the rules for other broadcast services. REC’s initial position is to oppose these changes but provide an alternative method.
The FCC proposes to change the rules to clarify what an “authorized” station is in respect to the LPFM distance separation rule §73.807. REC’s initial position is to support as proposed.
The FCC proposes to change the rules by providing information on the “cut off” date of when applications by others after that cut-off date do not need to be protected. The current rule sets that cut-off on the date of the public notice of when the filing window dates are announced. REC’s initial position is to support these changes but warns about any “surprise” changes made in future proceedings, such as filing windows.
The FCC proposes to change the signature rule by allowing “duly appointed employees” to sign applications. Currently for corporations, only officers/directors can sign. REC opposes the FCC’s proposed change as it can encourage unauthorized filings and due to the fact that many LPFM nonprofits do not have “employees”. Instead, REC proposes that a signatory can be changed on an application in order to comply, even if that change is made after the application is dismissed (nunc pro tunc policy).
The FCC proposes to modify the public notice rule §73.3580 to note that decisions released by the FCC and the Media Bureau that declare tentative selectees are also considered as “accepted for filing” and thus triggering the local public notice rule. REC supports the FCC’s proposed change but also asks that the “Accepted for Filing” status be placed into LMS in a similar manner that it existed in the former filing system CDBS.
The FCC proposes to require that informal objections filed by any person be required to be “served” on the station. This usually means having to send the pleading through postal mail. REC opposes this proposal as a part of the application process is public involvement and members of the public may not know the rules and only depending on the information provided by the applicant in the local public notice as the local public notice verbiage text does not provide the complex information on how to serve the applicant.
The FCC proposes to impose “pleading cycles” on informal objections where an opposition may be filed within 30 days of the objection and then a reply to the opposition may be filed within 20 days following the date when oppositions were due and to limit pleadings to one objection, one opposition and one reply. REC initially supports this with some reluctance. We feel that the “1-1-1” policy does not take into consideration any subsequent discovery. The proposed rule also does not address the pleading cycle for objections filed prior to the application being accepted for filing.
The FCC proposes that informal objectors can use e-mail in lieu of postal mail to provide service to applicants. REC initially supports this proposal.
There are other issues that do not directly impact LPFM related to AM power increase applications, non-substantive wording changes to modernize the rules, update form names and through eliminating rule text specific to past filing windows (such as 2011 NCE). Remove a 90-day STA restriction on technical problems and make some changes to the rules in respect to post-incentive auction reports (for TV) and combining two rules regarding Petitions to Deny in a single section. REC has taken an initial position in supporting all of these proposals as written.
Part 2 - REC proposed 2025 rule changes
REC is looking at the potential of a “lessons learned” or “postmortem” Petition for Rulemaking to advance some rule and policy change proposals that are important to the REC advocacy. These proposals include:
Restructure the eligibility for LPFM to limit private sector entities to educational organizations while permitting public sector entities to use stations for public safety or other general noncommercial broadcasting service to listeners in their jurisdiction. This is in response to the Estero Bay Community Radio and Weather Alert Radio Network cases.
Redefining the “local” eligibility for an educational LPFM grantee to 20 miles in all areas thus eliminating the reduced 10 mile limit for stations in the top-50 urban markets. Also to propose that the main studio and definition of local program origination also means 20 miles across the board.
Modernize the definition of locally originated programming to take into consideration changes made by stations during and after COVID19 as well as taking into account advancements in technology, including home studios and the use of voice tracking.
Update the LPFM protection rules towards Canadian allotments by optionally allowing contour studies instead of distance separation and to eliminate the intermediate frequency distance requirement towards Canadian and Mexican allotments. This places LPFM more in compliance with these international agreements.
In the event of a subsequent modification that creates new interference to an LPFM station and if no viable channels are otherwise available, allow the LPFM station to waive distance separation and use contours towards the short-spaced station if the only short spaced station(s) are other secondary stations such as LPFM and FM translators. Develop an interference remediation regime to address issues that may come up.
Permit the cross ownership of LPFM stations by Tribes that are currently the licensee of low power television stations.
Modify and clarify the “second chance” third tie breaker criteria in full-service NCE windows to favor small applicants who never received any grants.
Permit operating agreements between LPFM stations solely for the purpose of simulcast of the other LPFM station on a HD2/3/4 programming stream.
Remove some redundant restrictions on FM translators and FM boosters that are commonly owned by LPFM licensees.
Changing Commission policy to review MX applicants that are not tentative selectees to assure they are actually eligible for LPFM regardless of MX Group results. This includes reviewing informal objections received.
Develop a structured system for providing “secondary grants” in NCE and LPFM filing windows.
We would love to hear your opinions
To participate in this survey, please visit:
https://survey.recnet.com/index.php/564192?lang=en
The deadline for submitting a survey is February 2, 2025.