LPFM app shot down with 3rd adjacency rule


The battle over allowing LPFMs to shoehorn onto the dial by being able to occupy frequencies in the 3rd-adjacent slot to existing full-power stations has been going on for some time. The FCC has even recommended to Congress that such allocations can be done without interference, and efforts on Capitol Hill to shoot down 3rd-adjacency protection have largely been able to get enough support to acquire the force of law. However, it hasn’t become law yet, so the application of Iglesia Pentecostal Cristo Missionera to put an LPFM on 93.7 MHz in Lorain OH (near Cleveland) has been denied. The station would be too close to 93.1 MHz WZAK-FM Cleveland.

The FCC agreed that granting the station would be in the public interest, and stated in testimony to Congress that in its opinion it could operate safely from the channel requested. It remains, however, bound by the law and therefore cannot grant the CP.

Commissioner Michael Copps (D) issued a concurring statement noting that the denial was completely proper given the current state of the law. He  said he hoped, however, that it would be the last time that an LPFM CP was shot down for this reason. "Hopefully Congress will act soon to amend the statute," and that applicants such as Iglesia get a second chance to build a station.