On April 2, 2001, the FCC released an order to implement the legislation affecting low power radio. This implementation is good news because it sets the stage for the FCC to move forward with accepting more LPFM applications and issuing construction permits to those who have already applied.

The Second Report and Order took the following steps:

1) Stations whose applications have been invalidated by the legislation adopted in December will be allowed to amend their applications to find an available frequency but only in a limited manner. There are two groups of stations:

GROUP A

• All the applicants eligible for this change are listed in Appendix A to the FCC's order.
• These applicants may be able to find an open channel by moving their transmitter sites by 2 kilometers or less.
• FCC staff will assist applicants with filing an amendment. If you need assistance, call the Mass Media Bureau at 202-418-2700.
• A request to move a transmitter must be filed on June 11.
• This change is called a "minor amendment" under the FCC's rules. You must file FCC form 318 and check "amendment to pending application" on page 1. Resubmit the pages of 318 that show the location of your new transmitter and relevant questions about it.
• If you either miss the deadline, or you cannot find a new location within 2 kilometers, you can file with group B under the rules that apply to them.

GROUP B

• All the applicants eligible for this change are listed in Appendix B to the FCC's order. In addition, if you are in Appendix A, but cannot find a new location within 2 kilometers, you may file with Appendix B applicants if you can find a new channel.
• These applicants must find a new open channel in the FCC's channel finder in order remain viable. The channel finder will not be accurate for finding a new frequency until the FCC announces the new filing window.
• These stations will be allowed to file an amendment to their applications on FCC Form 318 (see above) in a new filing window that will open after the last two regular filing windows. This special "remedial" window has not been scheduled yet, but the FCC will announce it at least 30 days in advance.
• Those in Group B MAY NOT file their amendment before their filing window is announced. Any amendment submitted before the special filing window are not valid and will be returned. In September 2002, the FCC announced that this filing window will occur between October 28 and November 2, 2002.
  

2) The FCC will limit other types of amendments that were previously allowed or unclear under the rules.

Applicants cannot submit minor amendments that would earn them more points as an individual applicant under the point system. (Note: this doesn't apply to applicants that combine points because they devise a sharing agreement. In that case, the applicants will jointly earn more points than they did previously.)

Because LPFM licenses may not be transferred, any change in ownership must ensure that the original applicant continue to control at least 50% of the applicant organization.

3) The law required the FCC to prohibit any person or organization that previously engaged in unlicensed broadcasting (sometimes known as "pirate" broadcasting) from obtaining a LPFM license. If you checked "yes" to Section III, Question 8(a) of your application, your application has been dismissed. But it may be possible for you to escape being dismissed. To do so, you must:

• Amend your application so that no individuals who ever engaged in unlicensed broadcasting are parties to the application (and thus listed in Question 3). But, the total number of Board members that change cannot exceed 50% of the Board. (For example, if you have 5 members of the Board and 3 of them have previously broadcast without a license, you cannot amend your application, and it will be dismissed.)
• You must also file a Petition for Reconsideration asking the FCC to reverse its decision to dismiss your application. The deadline for this petition is June 11. You can file earlier, but the actual deadline will be the same deadline as applies to Group A (see above). For more detailed information about filing a Petition for Reconsideration for this purpose, contact the National Lawyers Guild at http://www.nlgcdc.org/info_application.html#disqualified or at (415) 522-9814.
  

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This page last modified 5/11/01.