REC comments in "Delete Delete Delete" proceeding
Proposes LP250 and many changes to LPFM, FM translators and full-service FM.
In response to FCC Chairman Brendan Carr’s sweeping proceeding that looks at “deleting” or changing regulations based on factors such as experience gained, marketplace and technological changes, barrier to entry, broader regulatory context as well as changes to legal framework, REC Networks has filed our comments in the “In re: Delete Delete Delete” proceeding, GN Docket 25-133.
Our comments present in detail, the issues that we wish to address and hope to see changed. This includes issues that were presented to REC by our constituents as well as various regulations identified by REC to be obsolete or otherwise need to be changed due to technological evolvement.
The following is a summary of the changes we proposed:
LPFM
REC is still continuing to support the creation of the LP250 service. Based on concerns raised by the full-service broadcast industry to address LPFM compliance issues, we have incorporated REC’s PACE Program as an administrative qualifying factor in addition to the technical requirements. REC acknowledges that some LPFMs, many which are disconnected from the LPFM community are violating various technical and underwriting regulations. We can’t allow those offenders to stop progress for those LPFMs that are running good stations by participating, being on the air, complying with the rules and gaining good experience. We have also added an interference remediation rule where if an upgraded LP250 facility causes interference, then redress is available through a process similar to the current rules for FM translators.
REC has requested rule changes regarding protection to foreign stations and allotments to better match the actual effective international agreements. These changes will make it easier for stations near the borders, especially the Canadian border to have more flexibility as well as accommodate new stations in the future.
REC has proposed to delete the little used rule regarding proof of performance for directional antennas. This rule was a remnant of the contour based protection concept REC proposed a few years ago in RM-11810. Since its inception, it has only been used once, especially in light of the many exceptions that apply for second-adjacent waivers and international agreements.
REC has proposed to eliminate the “10 mile rule” for LPFM stations in counties that are designated by Nielsen Audio as top-50 markets in favor of a “20 mile rule” across the country.
REC has proposed that LPFM stations use contours instead of distance when protecting FM translator, Class D and other LPFM stations thus opening up additional channels.
REC has proposed to restructure the qualified entities for LPFM stations through combining government and Tribal entities thus giving Tribes an opportunity for more than 2 LPFM stations on their Tribal lands. We also propose to eliminate the public safety loophole which was abused in the 2023 LPFM window.
REC has proposed changes to the construction permit form to require a designation of headquarters address right on the form. This is used during filing windows to determine whether or not an applicant is truly local for the purposes of eligibility and for comparing mutually exclusive applications.
REC has proposed to permit the cross-ownership by Tribes of Low Power TV facilities located on Tribal lands.
REC has proposed to modernize the definition of local program origination to embrace evolution in technology, such as the increased use of voice tracking.
REC has proposed for a limited availability for LPFM stations to enter into operating agreements that will allow an LPFM station to reach such agreements regarding having their programming simulcasted on an HD audio stream (HD2+) of a full-service station where such agreements are currently prohibited.
REC has proposed to remove some of the redundant and duplicative rules related to the cross-ownership of FM translator and booster stations by LPFM stations.
For Noncommercial Educational (NCE) stations:
REC has proposed that NCE stations operating in the 92-108 MHz band on allotments that were specifically reserved for noncommercial use be able to de-reserve their allotments upon a showing that there are other educational services operating in the area. This will allow these stations to be able to sell to a commercial entity.
REC proposes to remove some obsolete regulatory language that applies to Class D FM stations.
REC has promoted our rulemaking proceeding RM-11846, which will open the door for new lower-powered NCE stations in unserved rural communities through the waiver of second and third-adjacent protection requirements.
REC proposes to fix the third tiebreaker in NCE filing windows to continue to have this rule apply to small filers and to prevent gamesmanship by larger broadcasters, like what happened in the 2021 NCE filing window.
REC proposes to recalculate MX group population claims in the event that an applicant in an NCE MX Group is removed from consideration in the group (either through dismissal or amendment).
For FM Translators and FM Boosters:
REC continues to promote RM-11952 which would introduce translator reform by making permanent, many of the policies that were put in place back in 2012 following the large number of translator filings in 2003 and the passage of the Local Community Radio Act of 2010.
REC proposes to provide more flexibility for non-fill in translators through changing the method used for calculating effective radiated power for these facilities and maintaining the exist 10 watt minimum for translators with very high HAATs. REC also proposes a change to the method used to determine the maximum ERP allowed for non-fill in translators.
REC proposes to fix language in Part 74 related to FM translator protections to LPFM stations that are running directional antennas and/or reduced power.
REC proposes to allow FM translators that are commonly-owned by an AM station to originate programming on the translator’s HD2, HD3 and HD4 streams while having the analog and HD1 rebroadcast the primary AM station.
REC proposes to make changes to how FM translators protect LPFM stations by protecting the LPFM stations, in most cases, as nondirectional facilities operating at their class maximum power.
For International (shortwave) Broadcast Stations:
REC proposes to change the name of the service to High Frequency Broadcast Stations.
REC proposes to allow HF Broadcast Stations to target domestic audiences.
REC proposes to allow local broadcasting using lower powered transmitters in the 11 meter shortwave band.
REC proposes to reduce the minimum power of HF Broadcast Stations.
REC proposes to eliminate Cold-War era restrictions on the nature of programming on HF Broadcast Stations to better support the First Amendment.
Additional broadcasting proposals include:
REC proposes to remove Channel 6 protection requirements on 88.3 through 91.9 while still maintaining the protections on 88.1 due to its direct adjacency to the TV band edge.
REC proposes to eliminate restrictions on channel changes for LPFM and FM translator stations to provide stations with the most flexibility.
REC proposes to modernize how mutually exclusive modifications filed on the same day are handled to reflect the way that LMS handles these types of applications.
REC proposes to extend the move distance allowed for LPFM and FM translator stations.
In addition:
REC proposes that the United States officially adopt the HAREC (Harmonized Amateur Radio Examination Certificate) to permit increased amateur radio operation by foreign citizen permanent residents in the United States that are licensed in another country that has adopted the HAREC, as well as for the ability of US citizens living abroad with FCC Advanced and Extra class licenses to obtain full amateur radio licenses in their current country. The HAREC is recognized throughout Europe as well as in Australia, Hong Kong, Israel and South Africa.
REC proposes to improve the viability of license-free “Part 15” AM and FM through the adoption of the Canadian BETS-1 standard for these types of transmitters.
REC will review all of the comments filed by others and will be filing Reply Comments when they are due on Monday, April 28, 2025.