The NAB already has a petition pending in a DC federal appeals court against low-power FM, and now it says Congress' recent passage of the Radio Preservation Act of 2000, which was signed by President Clinton on Dec. 21, makes portions of the FCC's order to create LPFM "unlawful" — specifically, the order's lack of third-adjacent channel protection. Therefore, the NAB is asking the court to send the order back to the FCC "for further proceedings." Passage of Congress' bill was a big win for the NAB since it calls for third-adjacent channel protection. The NAB points out to the court that Congress required the FCC to conduct an interference study to see
what, if any, effects LPFM will have on existing FM facilities, and that this testing, and the passage of the Act itself, "will require, at a minimum, a reassessment of the costs and benefits of LPFM service."