[grc] REC releases study showing where the FCC may have violated the LCRA in Auctions 99 and 100

[Michelle Bradley]

REC Networks has released a report and analysis to address the issues 
brought up by other LPFM advocates in relation to the FCC's handling of 
applications for new cross-service FM translators in the Auction 99 
(2017) and Auction 100 (2018) filing windows.

In this report, REC evaluated LPFM usage as well as translator usage 
prior to these two windows in the core area of the top-150 media 
markets.  Based on the spectrum landscape prior to the Auctions 99 and 
100 windows, REC had performed a complete search for LPFM opportunities 
within these 150 markets and developed "channel/points" similar to those 
used in the 2012 LPFM /Third Petition for Rulemaking /and /Fourth 
Memorandum Opinion and Order/.

Using the original LPFM channel floor metrics from the 2012 proceeding 
and evaluating current and potential LPFM usage in those markets, REC 
has identified 44 "spectrum limited" markets. Within those markets, 
between the current number of LPFM stations and a projection on the 
number of additional LPFM stations could be possible in the event of a 
future filing window, we determined the potential for LPFM stations in 
that market.  If that potential number was less than the channel floor 
figure, then the market was declared "spectrum limited".

It is REC's position in spectrum limited markets, FM translator 
proposals must protect LPFM channel/points to assure that licenses 
remain available for both LPFM stations and FM translators in accordance 
with Section 5(1) of the Local Community Radio Act.

In this report, REC has identified 72 cross-service FM translator 
facilities applied for in Auctions 99 and 100 that are at a location, on 
a channel and with a service contour that precludes a new LPFM station 
at at least one specific LPFM channel/point within the "grid" of a 
spectrum limited market.  In these cases, REC feels that the translators 
should be required to relocate to another channel and/or location to 
address the preclusion.  On this same list REC has also identified 
another 327 facilities that are precluding LPFM channel/points within 
spectrum available markets.  While those translators are overlapping 
channel/points, they are in areas where existing LPFM stations are 
already licensed and/or there is spectrum at this time for new stations.

Despite this report, REC continues to oppose the tactics used in 
connection with the Informal Objection filed by Prometheus Radio Project 
and other advocates in order to stop all translator modification 
processing in order to call attention to various issues including those 
addressed in this.

We note that this Report is not intended to address the interference 
issues that are faced by LPFM stations when a new translator comes on 
the air.  The FCC currently has another proceeding, MB Docket 18-119 to 
address this issue.

Overall, it is REC's position that the FCC may have violated federal law 
in permitting these windows without any review of the LCRA and that as 
of right now, there are 72 cross-service FM translator facilities at 
every stage of the process (from short form to fully licensed) that are 
precluding future LPFM opportunities in "spectrum limited" markets in 
violation of Section 5(1) of the Local Community Radio Act of 2010.  REC 
calls on the FCC to comply with the law and take appropriate actions to 
require these 72 translators to move and to offer a major change 
opportunity to the 327 precluding facilities in spectrum available 
markets.  We need to remember, the LCRA works both ways and we must 
preserve community opportunities in metro areas while giving AM 
broadcast stations in rural and suburban areas the relief necessary to 
assure their station's viability into the future.

REC's full report can be found at
*https://recnet.com/2018-lcra-study*

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About REC Networks:  REC is a leading policy voice supporting a 
citizen’s ability to access radio spectrum.  The advocacy side of REC 
was responsible for the writing of RM-11749, the 250-watt LPFM 
proposal.  Other REC advocacy initiatives include alternate spectrum for 
community radio expansion in areas where FM spectrum is not available, 
driving changes to the FCC rules to allow more flexibility for LPFM 
stations while remaining compliant with the Local Community Radio Act. 
REC serves all six segments of LPFM including cause-based organizations, 
public sector agencies, micro radio stations, community media 
organizations, secular educational organizations and faith-based 
organizations. REC also provides consulting and filing services for LPFM 
stations, FM translators (including FM translators related to smaller AM 
broadcast stations) and full-service FM stations.  More information at 
our website http://recnet.com <http://recnet.com/>.

Media contact:
Michelle Bradley
202 621-2355 opt 4