January 20, 2000
                                                           
                              
       SEPARATE STATEMENT OF COMMISSIONER SUSAN NESS
                              
                              
  Re:  In the Matter of Creation of a Low Power Radio Service (MM
  Docket No. 99-25)
  
  
  Today we establish a new, unmistakably local radio service on the FM band, carefully
  crafted to ensure that community-based voices are heard, while maintaining the technical
  integrity of the full powered service.   In so doing, we have enabled students, community
  organizations, churches, and those underrepresented in conventional broadcasting to
  provide programming of special interest to community and niche populations.  I support
  this decision, but write separately to address the issues that I raised in my statement
  accompanying the Notice of Proposed Rulemaking last year regarding both the special
  nature of the service and the potential for interference with full power stations.
  
  Community Based Service
  
  The new low-powered service responds to the needs expressed by thousands of
  individuals and community-based groups who envision a vehicle to provide a very
  localized service, including high sports and debates, local campaign coverage, and other
  local public service needs.  In no way is this service a miniaturized replica of a full
  powered station.  Rather, it was structured to ensure that the service maintains its unique
  character.  It is a non-commercial educational service.  Licenses are non-transferable.  A
  station's power cannot exceed 100 watts, establishing a coverage area approximately 3.5
  miles around the transmitter.  Local ownership is required for the first two years and
  during that time, licensees cannot own any other low powered FM station.  After two
  years, they are subject to a low national cap, thus assuring a wide dissemination of
  ownership.  Where there are mutually exclusive applications, priority will be given to those
  with an established community presence who pledge to provide more local programming
  over a longer broadcast day.  I believe that these requirements and restrictions will
  preserve the special characteristics of this broadcast service.
  
  
  Technical Interference
  
  One of the most important functions of the Federal Communications Commission is our
  stewardship of the electromagnetic spectrum.  In establishing the FCC, Congress charged
  this agency with avoiding chaos on the airwaves. Thus, I take very seriously our
  responsibility not to permit degradation of the FM band.  
  
  Moreover, I have long held the view that full powered radio broadcasters should be
  afforded the opportunity to transition into the digital world.  Thus, I insisted that
  proponents of in-band-on-channel ("IBOC") digital radio broadcast systems have a
  meaningful opportunity to comment on the impact of low-power stations on such digital
  services before the record closed in this proceeding. 
  
  After an exhaustive review of the technical documentation in this record -- including the
  filings of those promoting digital IBOC radio systems -- I believe that the technical
  limitations we have imposed are adequate to protect existing full powered stations from
  undue interference from low-powered stations.   In addition, the record suggests that
  elimination of third adjacent channel protection does not hamper the deployment of
  currently proposed IBOC digital radio systems.  
  
  The item puts to rest the possibility that we would entertain further reductions in
  protection through elimination of the second adjacent channel restriction.  I feared that the
  mere mention of the possibility of future action could chill financial investment in the full-
  powered radio service.  This would have a devastating impact --not on the major groups --
  but rather, on the small and medium market independent stations which struggle daily to
  serve their communities.  Many of these independent station and small group owners are
  women and minorities   the very groups that are under-represented in the full power
  broadcast service.
  
  Finally, the Bureau has assured me that the 20 km buffer zone is sufficient to ensure
  retention of audience reach if an FM station is forced to move from its existing tower to
  another tower, as is often the case when digital television stations commence service.
  
  Conclusion
  
  The new low power FM service was carefully designed to emphasize its unique
  community benefits, while minimizing the possibility of undue interference with the
  existing full power FM service.  I will be watching carefully whether our hopes and
  expectations are met as this service is deployed.