Creation of a Low Power Radio Service, 39182-39186 [05-13368]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 70, Number 129 (Thursday, July 7, 2005)]
[Rules and Regulations]
[Pages 39182-39186]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13368]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MM Docket No. 99-25; FCC 05-75]


Creation of a Low Power Radio Service

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission modifies its rules governing 
minor changes to low power FM (LPFM) authorized facilities and minor 
technical amendments to LPFM applications. The Commission clarifies the 
definition of locally originated programming for purposes of resolving 
mutually exclusive LPFM applications. The Commission also establishes 
standards for waiver of the LPFM 18-month construction deadline and the 
prohibition on assignment of LPFM authorizations or transfer of control 
of LPFM permittees or licensees. The Commission imposes a six-month 
freeze on the grant of FM translator new station construction permits.

DATES: The rules in this document contain information collection 
requirements that have not been approved by the Office of Management 
and Budget (OMB). The Commission will publish a document in the Federal 
Register announcing the effective date of these rules.

ADDRESSES: All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission, 445 12th 
Street, SW., Room TW-A325, Washington, DC 20554. See Supplementary 
Information for filing instructions. In addition to filing comments 
with the Office of the Secretary, a copy of any comments on the 
Paperwork Reduction Act information collection requirements contained 
herein should be submitted to Cathy Williams Federal Communications 
Commission, Room 1-C804, 445 12th Street, SW., Washington, DC 20554, or 
via the Internet to Cathy.Williams@fcc.gov.

[[Page 39183]]


FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, contact Natalie Roisman, Natalie.Roisman@fcc.gov, of the 
Media Bureau, Policy Division, (202) 418-2120. For additional 
information concerning the Paperwork Reduction Act information 
collection requirements contained in this document, contact Cathy 
Williams, Federal Communications Commission, 445 12th St, SW., Room 1-
C823, Washington, DC 20554, or via the Internet to 
Cathy.Williams@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Second Order on Reconsideration (2nd 
Reconsideration) FCC 05-75, adopted on March 16, 2005, and released on 
March 17, 2005. The full text of this document is available for public 
inspection and copying during regular business hours in the FCC 
Reference Center, Federal Communications Commission, 445 12th Street, 
SW., CY-A257, Washington, DC 20554. These documents will also be 
available via ECFS (https://www.fcc.gov/cgb/ecfs/). (Documents will be 
available electronically in ASCII, Word 97, and/or Adobe Acrobat.) The 
complete text may be purchased from the Commission's copy contractor, 
445 12th Street, SW., Room CY-B402, Washington, DC 20554. To request 
this document in accessible formats (computer diskettes, large print, 
audio recording, and Braille), send an e-mail to fcc504@fcc.gov or call 
the Commission's Consumer and Governmental Affairs Bureau at (202) 418-
0530 (voice), (202) 418-0432 (TTY).

Paperwork Reduction Act of 1995 Analysis

    This 2nd Reconsideration contains modified information collection 
requirements. The Commission, as part of its continuing effort to 
reduce paperwork burden, invites the general public and the OMB to 
comment on the modified information collection requirements contained 
in this 2nd Reconsideration, as required by the Paperwork Reduction Act 
of 1995, Pub. L. 104-13. Written comments on the modified information 
collection requirements must be submitted by the public, the Office of 
Management and Budget (OMB), and other interested parties on or before 
September 6, 2005. In addition, we note that, pursuant to the Small 
Business Paperwork Relief Act of 2002, Pub. L. 107-198, see 44 U.S.C. 
3506(c)(4), we previously sought specific comment on how the Commission 
might ``further reduce the information collection burden for small 
business concerns with fewer than 25 employees.''

Summary of the 2nd Reconsideration

I. Introduction

    1. In January 2000, the Commission adopted a Report and Order 
establishing the low power FM (LPFM) service, Creation of Low Power 
Radio Service, 65 FR 7616, February 15, 2000. The Commission authorized 
the LPFM service to provide opportunities for new voices to be heard, 
while at the same time maintaining the integrity of existing FM radio 
service and preserving its ability to transition to a digital 
transmission mode. In the Report and Order, the Commission authorized 
two classes of LPFM service: The LP100 class, consisting of stations 
with a maximum power of 100 watts effective radiated power (ERP) at 30 
meters antenna height above average terrain (HAAT), providing an FM 
service radius (1 mV/m or 60 dBu) of approximately 3.5 miles (5.6 
kilometers), and the LP10 class, consisting of stations with a maximum 
power of 10 watts ERP at 30 meters HAAT, providing an FM service radius 
of approximately one to two miles (1.6 to 3.2 kilometers). The Report 
and Order also imposed separation requirements for LPFM with respect to 
full power stations.
    2. In the Report and Order, the Commission also established 
ownership and eligibility rules for the LPFM service. The Commission 
restricted LPFM service to noncommercial educational (NCE) operation by 
non-profit entities and public safety radio services. With certain 
narrow exceptions, the Commission restricted ownership to entities with 
no attributable interest in any other broadcast station or other media 
subject to our ownership rules. The Commission prohibited the sale or 
transfer of an LPFM station. For the first two years of the LPFM 
service, the Commission prohibited multiple ownership of LPFM stations 
and limited ownership to locally-based entities. To resolve mutually 
exclusive applications, the Commission established a point system that 
favors local ownership and locally-originated programming, with time-
sharing and successive license terms as tie-breakers.
    3. The Report and Order directed the Mass Media Bureau to announce 
by public notice the opening of a national filing window for LP100 
applications. In March 2000, the Mass Media Bureau announced that it 
would accept LPFM applications in five separate filing windows, each 
limited to an application group of ten states and at least one other 
U.S. jurisdiction, in order to ``ensure the expeditious implementation 
of the LPFM service and to promote the efficient use of Commission 
resources.'' See FCC Announces Five-Stage National Filing Window for 
Low Power FM Broadcast Station Applications, DA 00-621 (MMB rel. Mar. 
17, 2000). The Commission conducted a lottery to determine the order of 
the application groups, and the Mass Media Bureau announced that the 
first LPFM filing window would open on May 30, 2000. Subsequent filing 
windows opened on August 28, 2000, January 16, 2001, and June 11, 2001. 
The fourth and fifth LPFM application groups were consolidated into a 
single window in order to speed the filing process for applicants in 
these states.
    4. On reconsideration in September 2000, the Commission issued some 
revisions and clarifications, but generally affirmed the decisions 
reached in the Report and Order. See 65 FR 67289 (MO&O). The Making 
Appropriations for the Government of the District of Columbia for FY 
2001 Act (2001 DC Appropriations Act), Pub. L. No. 106-553 632, 
required the Commission to modify its rules to prescribe LPFM station 
third-adjacent channel spacing standards and to prohibit any applicant 
from obtaining an LPFM station license if the applicant previously had 
engaged in the unlicensed operation of a station. As a result of rule 
revisions adopted pursuant to the 2001 DC Appropriations Act, 
facilities proposed in a number of otherwise technically sufficient 
applications filed in the first two LPFM filing windows became short-
spaced to existing full-power FM and/or FM translator stations, and 
were subsequently dismissed. See 66 FR 23861, May 10, 2001 (2nd R&O). 
The 2001 DC Appropriations Act also instructed the Commission to 
conduct an experimental program to evaluate whether LPFM stations would 
interfere with existing FM stations if the LPFM stations were not 
subject to the additional channel spacing requirements, and to submit a 
report to Congress, including the Commission's recommendations to 
Congress regarding reduction or elimination of the minimum separations 
for third-adjacent channels. The Commission selected an independent 
third party, the Mitre Corporation (Mitre), to conduct the field tests. 
On February 19, 2004, the Commission staff submitted the required 
report to Congress and, based on the Mitre study, recommended that

[[Page 39184]]

Congress ``modify the statute to eliminate the third-adjacent channel 
distant separation requirements for LPFM stations.''
    5. On February 8, 2005, the Commission held a forum on LPFM. The 
forum was intended to inform the Commission of achievements by LPFM 
stations and the challenges faced as the service marks its fifth year. 
As of March 2005, more than 1,175 LPFM construction permits have been 
granted. Of these 1,175 permits, approximately 590 stations are on the 
air, serving mostly mid-sized and smaller markets.
    6. Since the LPFM service was created, the experiences of LPFM 
applicants, permittees, and licensees have demonstrated that the 
Commission's LPFM rules may need some adjustment in order to ensure 
that the Commission maximizes the value of the LPFM service without 
harming the interests of full-power FM stations or other Commission 
licensees. The Commission's actions in this 2nd Reconsideration, based 
in part on testimony received at the LPFM forum, are designed to 
increase the number of LPFM stations on the air and strengthen the 
viability of those stations that are already operating.

II. Second Reconsideration Order

Ownership and Eligibility

    7. In the Report and Order, the Commission established a point 
system for resolving mutual exclusivity among LPFM applicants. The 
point system includes three selection criteria for mutually exclusive 
applicants. First, applicants that have an established community 
presence of at least two years' duration are awarded one point. Second, 
applicants that pledge to operate at least 12 hours per day are 
assigned one point. Finally, applicants that pledge to originate 
locally at least eight hours of programming per day are assigned one 
point. The Commission defined local origination for purposes of 
resolving mutual exclusivity in LPFM applications as the production of 
programming within 10 miles of the reference coordinates of the 
proposed transmitting antenna.
    8. On reconsideration in 2000, the Commission considered a request 
to broaden the definition of locally originated programming to include 
programming that ``covers local persons and/or their activities and/or 
local issues.'' The Commission agreed that clarification was warranted, 
but declined to adopt the proposed language. Instead, the Commission 
explained that because the intent of awarding a point for a pledge to 
provide locally originated programming is to encourage licensees to 
maintain production facilities and a meaningful staff presence within 
the community served by the station, a definition of local program 
origination as the production of programming by the licensee within 10 
miles of the proposed transmitting site is most appropriate. The 
Commission clarified explicitly that this rule does not necessarily 
preclude an applicant from claiming a point for local origination based 
on coverage of a high school away game played more than 10 miles away, 
so long as the production involves facilities located within a 10-mile 
radius of the antenna.
    9. The United Church of Christ, Office of Communication, Inc. (UCC) 
requests that the Commission further clarify the definition of locally 
originated programming. UCC states that it is concerned that certain 
LPFM applicants are construing this term liberally and intend to time-
shift programming obtained via satellite and rebroadcast it in an 
attempt to meet the local program origination pledge. The Commission 
does not believe that there is any reason for concern that the 
definition of locally originated programming, as clarified on 
reconsideration, may be construed broadly enough to encompass 
programming delivered by satellite. Nevertheless, we will take this 
opportunity to re-emphasize that the local origination selection 
criterion is intended to encourage licensees to maintain production 
facilities and a meaningful staff presence within the community served 
by the station. Programming that is produced outside of the 10-mile 
radius and does not involve any local production facilities does not 
serve this goal. Accordingly, the Commission clarifies that such 
programming, including time-shifted programming obtained via satellite, 
may not be used to fulfill a locally originated programming pledge made 
as part of the mutually exclusive LPFM application selection process.

Technical Rules

    10. In the Report and Order, the Commission adopted a window filing 
process for applications for new LPFM stations and major modifications 
in the facilities of authorized LPFM stations. New station and major 
modification applications are accepted only during window filing 
periods specified by the Commission. An application proposing a ``minor 
change'' to authorized LPFM facilities, however, may be filed at any 
time. See 47 CFR 73.870. The Report and Order defined a minor change as 
a transmitter site relocation of less than two kilometers for an LP100 
station and a relocation of less than one kilometer for an LP10 
station. Minor change applications may also propose a change to an 
adjacent or IF frequency or, upon a technical showing of reduced 
interference, to any other frequency. As noted, new station and major 
modification applications may be amended only during specified window 
filing periods. Only ``minor amendments'' to such applications may be 
filed outside a filing window. In implementing the 2001 DC 
Appropriations Act in the 2nd R&O, the Commission determined that it 
was necessary to adopt a more restrictive approach for ``minor 
amendments'' to pending applications, compared with the approach 
adopted for ``minor changes'' to authorized facilities, in order to 
facilitate the expeditious processing of the numerous applications 
filed in the initial LPFM windows. Accordingly, the Commission barred 
channel change amendments outside window filing periods. The Commission 
concluded, however, that the goal of promptly licensing LPFM stations 
would not be compromised by permitting applicants to change proposed 
station locations by small distances. Thus, in order to provide ``some 
flexibility for applicants that lose a proposed transmitter site or 
become aware of a more desirable nearby site after the close of a 
filing window,'' the Commission defined minor amendments to include 
transmitter site relocations of less than two kilometers for LP100 
stations and relocations of less than one kilometer for LP10 stations--
identical to the transmitter site relocation limits permissible in 
applications seeking minor changes to authorized facilities. See 47 CFR 
73.871(c).
    11. In its petition for reconsideration of the 2nd R&O, UCC 
requests that the Commission amend the definition of minor change 
(i.e., an application that seeks modifications to authorized facilities 
and is permissibly filed outside a filing window) to include 
transmitter site relocation of up to 5.6 kilometers for LP100 licensees 
and 3.2 kilometers for LP10 licensees. Although UCC does not explicitly 
request that the Commission also amend the definition of minor 
amendment (i.e., an amendment to a pending new station or major 
modification application that is permissibly filed outside a filing 
window) to parallel the requested expansion of the definition of minor 
change, the Commission interprets UCC's request to encompass both the 
minor change and minor amendment definitions, both of which were

[[Page 39185]]

addressed in the 2nd R&O. UCC claims that many LPFM applicants have not 
been able to obtain local government approval for their first choice 
transmitter locations and must apply for alternative sites. UCC states 
that the practical experience of UCC, LPFM applicants, and their 
technical advisors demonstrates that while a two kilometer limit often 
precludes a workable solution in such situations, a 5.6 kilometer limit 
will often provide the necessary flexibility for applicants to 
relocate.
    12. The Commission recognizes that LPFM licensees have faced a 
number of legal and practical constraints in identifying, securing, and 
retaining transmitter sites. The Commission is also aware that in some 
circumstances, developments that occur during the pendency of an 
application may make it difficult or even impossible for an LPFM 
applicant to use the site originally proposed. Permitting transmitter 
site relocation of up to 5.6 kilometers for LP100 licensees and 3.2 
kilometers for LP10 licensees would provide needed flexibility. 
Accordingly, the Commission amends 47 CFR 73.870 and 73.871 to permit 
the filing of minor change applications and minor amendments requesting 
authority for transmitter site relocation of up to 5.6 kilometers for 
LP100 licensees and 3.2 kilometers for LP10 licensees. Minor amendments 
may be filed only to applications that are currently pending. (UCC 
asserts that the 2001 DC Appropriations Act, which required the 
Commission to establish third-adjacent channel spacing requirements for 
LPFM, effectively reduced the number of available frequencies and 
forced LPFM applicants to seek new locations for their transmitters; 
however, applications dismissed for any reason, including pursuant to 
the third-adjacent channel spacing requirements adopted in the 2nd R&O, 
may not be amended because they are no longer pending).
    13. Although the Commission expands the permissible distance for 
transmitter site relocation in an amendment to a pending application, 
the Commission continues to believe that efficient LPFM window 
application processing requires a relatively fixed database of 
technical proposals and, therefore, that a narrow definition of 
``minor'' amendment remains necessary. Thus, the Commission does not 
expand the definition of minor amendment to encompass channel changes. 
Nevertheless, it is in the public interest to provide LPFM applicants 
as much technical flexibility as possible. Accordingly, the Commission 
delegates authority to the Media Bureau to open settlement windows for 
closed LPFM groups to permit applicants entering into settlement 
agreements to file major change amendments specifying new FM channels. 
(In 2003, the Commission established a similar filing window which 
successfully facilitated the rapid licensing of a number of LPFM 
stations). For applications amended in such windows, the Commission 
delegates authority to the Media Bureau to waive 47 CFR 73.871(a) on a 
case-by-case basis upon a determination that such waiver will promote 
expeditious application processing and maximize new LPFM station 
licensing opportunities. Any settlement agreement submitted under these 
procedures must be universal.
    14. In the Further Notice of Proposed Rulemaking (FNPRM) issued 
concurrently with this 2nd Reconsideration, the Commission seeks a 
comment on a number of technical and ownership/eligibility issues 
relating to LPFM authorizations. Among other issues, the Commission 
seeks comment on whether to introduce some level of transferability to 
the LPFM service. The Commission states that the current rule 
prohibiting the transfer of LPFM stations is hampering the LPFM service 
by, for example, impeding routine transitions to new governing boards 
and limiting the ability of an LPFM licensee to assign its license to a 
new, jointly-controlled entity composed of several similarly focused 
organizations. The Commission believes that delaying relief to LPFM 
stations until the proceeding is completed will not serve the public 
interest. Accordingly, the Commission delegates to the Media Bureau 
authority to consider, on a case-by-case basis, requests for waivers of 
47 CFR 73.865. The Media Bureau may grant a waiver upon determination 
that such waiver will maximize spectrum use for low power FM 
operations. For example, waiver may be appropriate, assuming the public 
interest would be served, in certain circumstances: a sudden change in 
the majority of a governing board with no change in the organization's 
mission; development of a partnership or cooperative effort between 
local community groups, one of which is the licensee; and transfer to 
another local entity upon the inability of the current licensee to 
continue operations. This is not an exhaustive list of circumstances 
appropriate for waiver. However, until the Commission has further 
considered the transferability issue, waiver is not appropriate to 
permit the for-profit sale of an LPFM station to any entity or the 
transfer of an LPFM station to a non-local entity or an entity that 
owns another LPFM station.
    15. The FNPRM also proposes to extend the LPFM construction period 
to three years, the same period afforded other broadcast permittees, 
and seeks comment on this proposal. Some LPFM construction permits are 
scheduled to expire in the near future, while the Commission is 
considering this issue, and other LPFM permittees with expired permits 
have requests pending before the Media Bureau for additional time to 
construct. The Commission adopts an interim waiver policy to increase 
the likelihood that these permittees will complete construction and 
commence operation. Although the rules do not generally permit waiver 
of broadcast construction permit deadlines, all other broadcast 
permittees are afforded 36 months to construct facilities. Here, where 
the construction period is half as long, the Commission believes that 
waivers generally are warranted to extend outstanding LPFM construction 
permits to three years. Pending Commission action on the FNPRM, the 
Commission delegates to the Media Bureau the authority to consider 
requests for waiver of the construction period even if the requirements 
under the tolling rules are not met. The Media Bureau may determine 
that a waiver is appropriate if an LPFM permittee demonstrates that it 
cannot complete construction within the allotted 18 months for reasons 
beyond its control, that it reasonably expects to be able to complete 
construction within the additional 18 months that the construction 
extension would provide, and that the public interest would be served 
by the extension.

III. Procedural Matters

Regulatory Flexibility Act

    16. This Final Regulatory Flexibility Analysis (FRFA) conforms to 
the Regulatory Flexibility Act of 1980, as amended, 5 U.S.C. 604.

Need for, and Objectives of, the Second Order on Reconsideration

    17. The Commission received petitions for reconsideration of the 
2nd R&O that requested reconsideration of a variety of issues. This 2nd 
Reconsideration resolves those issues that were timely raised. We do 
not change most of the determinations made in the 2nd R&O. We do, 
however, amend the definitions of minor change and minor amendment to 
permit greater flexibility in transmitter site relocation for LPFM 
authorizations.

[[Page 39186]]

Description and Estimate of the Number of Small Entities to Which Rules 
Will Apply

    18. The RFA directs the Commission to provide a description of and, 
where feasible, an estimate of the number of small entities that will 
be affected by the proposed rules, if adopted. See 5 U.S.C. 603(b)(3). 
The RFA generally defines the term ``small entity'' as having the same 
meaning as the terms ``small business,'' small organization,'' and 
``small government jurisdiction.'' 5 U.S.C. 601(6). In addition, the 
term ``small business'' has the same meaning as the term ``small 
business concern'' under the SBA. A small business concern is one 
which: (1) is independently owned and operated; (2) is not dominant in 
its field of operation; and (3) satisfies any additional criteria 
established by the SBA.
    19. The Small Business Administration (SBA) defines a radio 
broadcasting station that has $5 million or less in annual receipts as 
a small business. See 13 CFR 121.201. A radio broadcasting station is 
an establishment primarily engaged in broadcasting aural programs by 
radio to the public. Included in this industry are commercial, 
religious, educational, and other radio stations. The 1992 Census 
indicates that 96 percent (5,861 of 6,127) of radio station 
establishments produced less than $5 million in revenue in 1992.
    20. The Commission's LPFM rules apply to a new category of FM radio 
broadcasting service. As of the date of release of this FNPRM, the 
Commission's records indicate that more than 1,175 LPFM construction 
permits have been granted. Of these 1,175 permits, approximately 590 
stations are on the air, serving mostly mid-sized and smaller markets. 
It is not known how many entities ultimately may seek to obtain low 
power radio licenses. Nor does the Commission know how many of these 
entities will be small entities. The Commission expects, however, that 
due to the small size of low power FM stations, small entities would 
generally have a greater interest than large ones in acquiring them.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    21. Most of the provisions of the 2nd R&O are unchanged by the 2nd 
Reconsideration. Establishing the LPFM service requires the collection 
of information for the purposes of processing applications for (among 
other things) initial construction permits, assignments and transfers, 
and renewals. We also require lower power radio stations to comply with 
some of the reporting, recordkeeping, and other compliance requirements 
as full power radio broadcasters. This 2nd Reconsideration amends the 
definitions of minor change and minor amendment to permit increased 
flexibility in transmitter site relocation for LPFM authorizations. In 
order to receive authorization for such site relocation, LPFM 
applicants, permittees, and licensees must file minor change 
applications or minor amendments to pending applications.

Steps Taken To Minimize Significant Economic Impact on Small Entities, 
and Significant Alternatives Considered

    22. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): (1) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities. See 5 U.S.C. 603(c)(1)-(c)(4).
    23. The LPFM service has created and will continue to create 
significant opportunities for new small businesses. In addition, the 
Commission generally has taken steps to minimize the impact on existing 
small broadcasters. To the extent the 2nd Reconsideration imposes any 
burdens on small entities, the Commission believes that the resulting 
impact on small entities is favorable because the proposed rules, if 
adopted, would expand opportunities for LPFM applicants, permittees, 
and licensees to commence broadcasting and stay on the air.
    24. The Commission will send a copy of this 2nd Reconsideration in 
a report to Congress and the Government Accountability Office pursuant 
to the Congressional Review Act, 5 U.S.C. 801(a)(1)(A).
    25. Accessibility Information. To request information in accessible 
formats (computer diskettes, large print, audio recording, and 
Braille), send an e-mail to fcc504@fcc.gov or call the FCC's Consumer 
and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-
0432 (TTY). This document can also be downloaded in Word and Portable 
Document Format (PDF) at: https://www.fcc.gov.

List of Subjects in 47 CFR Part 73

    Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rule Changes

0
For the reasons discussed in the preamble, the FCC amends 47 CFR part 
73 as follows:

PART 73--RADIO BROADCAST SERVICES

0
1. The citation authority for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334, 336, and 339.

0
2. Section 73.870 is amended by revising paragraph (a) to read as 
follows:


Sec.  73.870  Processing of LPFM broadcast station applications.

    (a) A minor change for an LP100 station authorized under this 
subpart is limited to transmitter site relocations of 5.6 kilometers or 
less. A minor change for an LP10 station authorized under this subpart 
is limited to transmitter site relocations of 3.2 kilometers or less. 
Minor changes of LPFM stations may include changes in frequency to 
adjacent or IF frequencies or, upon a technical showing of reduced 
interference, to any frequency.
* * * * *

0
3. Section 73.871 is amended by revising paragraph (c) to read as 
follows:


Sec.  73.871  Amendment of LPFM broadcast station applications.

* * * * *
    (c) Only minor amendments to new and major change applications will 
be accepted after the close of the pertinent filing window. Subject to 
the provisions of this section, such amendments may be filed as a 
matter of right by the date specified in the FCC's Public Notice 
announcing the acceptance of such applications. For the purposes of 
this section, minor amendments are limited to:
    (1) Site relocations of 3.2 kilometers or less for LP10 stations;
    (2) Site relocations of 5.6 kilometers or less for LP100 stations;
    (3) Changes in ownership where the original party or parties to an 
application retain more than a 50 percent ownership interest in the 
application as originally filed; and
    (4) Other changes in general and/or legal information.
* * * * *
[FR Doc. 05-13368 Filed 7-6-05; 8:45 am]
BILLING CODE 6712-01-P