If LPFM stations participating in a time share arrangement want to modify their schedules for a single-day event, what steps should they take?

If LPFM stations operating under a time share arrangement wish to temporarily alter their schedules for a specific event, they should follow these steps:

1. Mutual Agreement: Both stations must agree on the schedule change and the specific details, such as the date, time, and duration of the event.
2. Notify the FCC: Submit a joint notification to the FCC about the one-time schedule change. This can be done by sending a letter or filing an informal request, explaining the reason for the change and providing the agreed-upon details.
3. Update Public Files: Ensure that the schedule change is clearly communicated to the public. Update your stations’ public files, websites, and any other platforms where you typically share programming information.
4. Document the Change: Keep a record of the agreement, communication with the FCC, and any other relevant documentation related to the schedule change.
5. Resume Regular Schedule: After the one-time event, resume your regular schedule as outlined in the original time share agreement.

In the case of a one-time schedule change occurring solely for a single day, it is not obligatory to notify the FCC. Instead, it’s advised to establish a written agreement between the timeshare partners. Each partner should retain a copy of this agreement in their station records for a minimum of two years. Furthermore, the station logs of the affected stations should accurately reflect the altered sign-on and sign-off times on that particular day.

In contrast, for recurring modifications to the time share arrangement, the schedule changes can be implemented initially. However, all stations involved are then required to submit Form 319 to the FCC within 10 days. This submission should include an updated time share agreement as an attachment, in accordance with §73.875(c)(3) of the regulations.

A proactive approach for cases where LPFM stations need to adjust their time share schedules seasonally, such as altering times on Friday nights during high school football season. In such instances, it is advisable to complete Form 319 promptly to inform the Commission about the revised time share schedule. Subsequently, a second filing should be made to revert the schedule back to its original state after the seasonal period.

By following these steps, you can effectively make a temporary schedule change for a special event within the context of your time share agreement while staying in compliance with FCC regulations.

Is there a chance of utilizing the broadcasting hours that are not used by the school during vacation and holiday periods, given that you are in a time share agreement with them?

Yes, it’s possible to utilize the broadcasting hours that are not being used by the school during vacation and holiday periods. Since you are in a time-share agreement with the school, you could potentially make arrangements to broadcast during those periods when the school is closed. This way, you could maximize your station’s airtime and ensure compliance with the broadcasting requirements outlined in the rules. Just be sure to coordinate with the school and follow any necessary procedures to make use of the available hours.

Collaborate with the school to update the existing timeshare agreement. This entails outlining new terms, including defining the vacation period during which your station will operate at full capacity, specifying the date when school activities resume, and establishing the broadcasting hours for each station. Once both parties have mutually agreed upon the revised terms, you can put the updated agreement into effect immediately. Notify the FCC about these changes by submitting a Form 319 from each station involved. This approach ensures proper communication and compliance with the adjusted broadcasting arrangement.

How can we meet the requirement to broadcast for 36 hours a week as a school that is closing for summer vacation?

As a school that is closing for summer vacation, you might be concerned about meeting the requirement to broadcast for 36 hours a week as specified by the regulations. According to §73.850 of the rules, schools are not required to broadcast on weekends or during periods designated as vacation or recess on the school calendar.

During periods when your school is closed, such as summer vacation, there are a few options you could consider if you want to continue broadcasting.

1. Pre-Recorded Programming: You can pre-record content such as educational shows, interviews, or relevant programming before the school closes for vacation. Schedule these pre-recorded shows to play during the times when the station would typically be broadcasting live.
2. Automated Playlists: Set up automated playlists with a selection of pre-recorded content. This can include educational content, music, public service announcements, and more. These playlists can be scheduled to run during the regular broadcast hours.
3. Community Submissions: Encourage students, teachers, or community members to submit content that can be broadcast during the summer break. This could include student projects, guest presentations, or recordings of previous school events.
4. Repeat Popular Shows: Re-airing popular shows or segments from earlier broadcasts can help you meet the broadcasting requirement while your school is closed.
5. Collaborate with Local Organizations: Consider collaborating with local organizations or partners that can provide relevant content to be broadcast during the vacation period.
6. Informative Loops: Create informative loops with educational content, announcements, and important updates. These loops can run continuously during the times when live broadcasts would typically occur.

Remember to inform your audience about your adjusted programming schedule and the reasons behind it. While you may not be broadcasting live during the vacation period, you can still provide valuable and engaging content to your listeners using the above strategies.

I heard that I may have to give announcements for the first year for third adjacent channel stations. What is this about?

Certainly. The requirement you’re referring to is part of the LPFM station’s initial program test period. During the first year of operation, LPFM stations are required to conduct an initial program test for a period of at least 36 hours. This test period helps ensure that the station’s operations do not cause interference to any authorized stations, especially those on third adjacent channels.

As part of this test, LPFM stations are required to make on-air announcements at the beginning and end of each hour during which the station is operating. These announcements must indicate the station’s operating frequency and location, and also inform listeners that the station is in an initial program test phase and seeking feedback on the quality of the signal.

The goal of these announcements is to gather information from the public about any interference issues caused by the LPFM station’s operations. If there are valid interference complaints from authorized stations on third adjacent channels, the LPFM station may need to adjust its operations to mitigate the interference.

It’s important to follow these requirements to ensure that your LPFM station operates within the FCC guidelines and minimizes interference with other stations.

I've come across information suggesting that installing HD Radio at my station would enable me to operate a commercial HD-2 station. Can this be confirmed?

This statement contains a misconception. It’s important to differentiate between broadcasting and subsidiary services. Broadcasting encompasses services that can be received using a standard radio, without any special arrangements or subscriptions. On the other hand, subsidiary services are not accessible to the general public and necessitate a subscription for reception. In digital television, multicast streams are considered broadcasting. This same argument could apply to multicast digital radio. Since these streams can be received with a standard HD radio without any subscription or access control, they are classified as broadcasting. Consequently, they would remain subject to the non-commercial requirements outlined in section 399B of the Communications Act.

Is it possible for one LPFM station to broadcast the same content as another LPFM station simultaneously?

Yes, it is possible for two LPFM stations to simulcast programming, but there are certain restrictions to consider. The two LPFM stations cannot be engaged in a time brokerage agreement or a management agreement. This means that they can share and broadcast the same programs simultaneously, but one station cannot provide compensation (cash or other considerations) to the other station, as that would constitute a time brokerage agreement. Additionally, both stations must maintain separate and independent management teams; one station cannot manage the operations of the other.

It’s advisable for stations that plan to simulcast to also have periods where they broadcast different programming. This helps to maintain diversity in content and engagement with their respective communities.

Importantly, each station should handle its own fundraising messages independently, as an LPFM station is not allowed to raise funds for another organization, including another LPFM station. This ensures compliance with FCC regulations and maintains transparency in fundraising efforts.

1. Licensing and Technical Details: Each LPFM station requires its own individual FCC license, even if they are simulcasting the same content. Additionally, the technical parameters and coverage area of both stations should be compatible for successful simulcasting.
2. Local Programming and Underwriting: LPFM stations have their own requirements for local programming and underwriting acknowledgments. Make sure that any local content and underwriting messages are specific to each station and their respective communities.
3. Signal Interference: If the two stations’ signals overlap significantly, there could be issues with signal interference. Stations should ensure that their signals are properly coordinated to avoid interference.
4. Content Ownership and Licensing: Ensure that you have the necessary rights and licenses to simulcast the content from another LPFM station. Unauthorized use of copyrighted content could lead to legal issues.
5. Emergency Alert System (EAS): Both stations should be able to independently receive and transmit emergency alerts through the EAS to serve their communities effectively.
6. Community Engagement: Even though stations are simulcasting, it’s important to maintain engagement with their respective communities to address local needs and interests.

Before implementing simulcasting, it’s advisable to consult with a legal expert familiar with FCC regulations and broadcasting practices to ensure compliance and smooth operation.

Can an LPFM/NCE station to interrupt its programming in order to raise funds for another organization (such as the Red Cross) during a local disaster?

Yes, LPFM/NCE stations can interrupt their programming to raise funds for another organization, such as the Red Cross, during a local disaster. The FCC recognizes the importance of providing emergency information and assistance to the public in times of crisis. These stations are allowed to engage in fundraising activities to support disaster relief efforts and provide vital information to their communities. However, it’s important to ensure that such interruptions are done in compliance with FCC regulations and guidelines and that the fundraising efforts are genuine and transparent.

LPFM stations have the ability to participate in third-party fundraising, provided that the recipient of the funds is a legitimate IRS 501(c)(3) non-profit organization with an established IRS designation. Stations must adhere to the limitation that only one percent of their yearly airtime can be dedicated to third-party fundraising activities. Detailed records of all third-party fundraising endeavors must be maintained.

During significant crises like Hurricane Katrina, the September 11 attacks, or the Great Tohoku Earthquake, the FCC has granted special permissions, known as blanket waivers, to LPFM/NCE stations. These waivers allow stations to interrupt regular programming to raise funds for third-party entities. Specific guidelines and reporting obligations are outlined in the corresponding public notice issued by the FCC when authorizing third-party fundraising for a specific event.

Do LPFM stations have an obligation to broadcast a certain amount of local programming?

No, LPFM (Low Power FM) stations are not specifically required to broadcast a minimum amount of local programming according to the FCC regulations. However, some LPFM stations might choose to prioritize local content as part of their mission to serve their community. The regulations for LPFM stations are generally more flexible compared to full-power stations, allowing them to decide on their programming approach based on their community’s needs and their station’s goals.

The obligation to carry local programming is applicable only to stations that fulfill the following criteria:

1. The station applicant committed to broadcasting a minimum of 8 hours of local programming daily.
2. The application was mutually exclusive, meaning it was in competition with another LPFM application.
3. The FCC’s approval of the applicant’s construction permit was based on their individual points, not influenced by the outcomes of other applications (such as channel changes or dismissals for unrelated reasons). Points become relevant in the following scenarios:
   • The applicant reached a voluntary time-share agreement with a fellow applicant within the same mutually exclusive group, combining points to secure the channel.
   • The applicant had the highest score in a mutually exclusive group and became the sole tentative selectee for the channel. (Example: Out of 3 applicants in the group, one has 5 points while the other two have 4 points each.)
   • The Commission declared a tie within the group, subsequently mandating involuntary time-sharing. The original pledge remains in effect even if a universal settlement is reached after the tie declaration.

Stations that were initially non-competitive (no competing applications), became non-competitive due to channel or location changes before the original construction permit was granted (except after a tie declaration), or became non-competitive due to the actions of other stations (other stations moved or were dismissed while the applicant remained unchanged) are not bound by point-related pledges.

If I intend to broadcast old-time radio programs on an LPFM/NCE station, is it necessary to edit out the historical commercials, even those promoting products that no longer exis

It’s generally advisable to exercise caution when broadcasting old-time radio programs that include historical commercials. The context of these commercials and their impact on your station’s compliance with regulations should be carefully considered. Some commercials might be harmless from a regulatory standpoint, especially if they promote products that no longer exist. However, it’s always a good idea to review the content of the commercials and ensure that they do not violate any current advertising regulations or guidelines set by the FCC for LPFM/NCE stations. If in doubt, consulting with a legal professional experienced in broadcast regulations would be a prudent step to take.

In essence, you are generally allowed to retain the historical commercials in old-time radio programs, unless they promote specific products such as cigarettes, little cigars, or smokeless tobacco. The definition of a commercial, according to Section 399b(a) of the Communications Act, encompasses messages or content broadcast in exchange for remuneration, intended to promote products, express views on public matters, or support political candidates.

Consider an example where you air a vintage episode of Fibber McGee & Molly featuring an advertisement for Johnson Wax’s GLOCOAT. If Johnson Wax did not compensate your LPFM/NCE station for airing the ad, then there was no exchange of remuneration involved. Thus, the prohibition on vintage tobacco product advertising remains a key interpretation of the law. Specifically, the Public Health Cigarette Smoking Act of 1969, the Little Cigar Act of 1973, and the Comprehensive Smokeless Tobacco Health Education Act of 1986 collectively enforce restrictions on advertising tobacco products via electronic communication mediums under the jurisdiction of the Federal Communications Commission.

Can an LPFM/NCE station broadcast an underwriting message that encourages individuals to "attend church"? Does this constitute a call to action?

Yes, an LPFM/NCE station can typically broadcast an underwriting message that encourages people to “attend church.” However, it’s important to ensure that the message remains within the guidelines of underwriting announcements and doesn’t cross the line into a direct call to action. Underwriting messages should focus on acknowledging the support of the underwriter without urging immediate action from the audience. While promoting attendance at a church event may be acceptable, the message should avoid using language that creates a sense of urgency or insistence on immediate participation. It’s always a good practice to review the specific wording with legal experts familiar with FCC regulations to ensure compliance.

While this approach could be suitable for churches, it may not be applicable to other religious enterprises like Christian bookstores or for-profit Christian schools. Businesses operating for profit, regardless of their religious affiliation, are bound by FCC policies, which include restrictions on making calls to action in their broadcasts.

In the context of §73.879, which prevents LPFM stations from retransmitting "full-power" stations, how is the term "Full-Power" station defined

In the context of §73.879, which restricts LPFM stations from retransmitting “full-power” stations, the term “Full-Power” refers to broadcast stations that operate with higher power and coverage compared to Low Power FM (LPFM) stations. “Full-Power” stations typically have a larger broadcast radius, wider coverage area, and higher effective radiated power (ERP) than LPFM stations. The distinction is based on the power levels and coverage capabilities of these stations within the regulatory framework of the Federal Communications Commission (FCC).

Hence, it might be inferred that the term “full-power” stations encompasses various categories, including full-service FM broadcast stations (Class A, C3, B1, C2, B, C1, C0, C), all AM broadcast stations, and could potentially extend to encompass full-service television stations. This interpretation might also encompass Class D FM stations, Class A, and LPTV stations, given their capacity to originate their own programming.

Can an LPFM utilize the FCC's Third Party Fundraising guidelines to interrupt programming and raise funds for the Fraternal Order of Police or a labor union?

No, the FCC’s Third Party Fundraising guidelines are intended for noncommercial educational (NCE) stations and are typically used for fundraising efforts that support the station’s operations. Using these guidelines to interrupt programming for fundraising purposes on behalf of the Fraternal Order of Police or a labor union might not align with the intended use of the guidelines. Additionally, such fundraising efforts could potentially raise concerns about editorial independence and the station’s noncommercial status. It’s important to carefully consider the context and implications before interrupting programming for fundraising activities related to external organizations.

Interrupting programming to raise funds for the Fraternal Order of Police (FOP) or a labor union is not permissible. This is due to the fact that the FOP is categorized as a fraternal benefit organization under §501(c)(8) of the Internal Revenue Code, and labor unions fall under §501(c)(5) of the IRS Code. The Commission’s ruling seems to be applicable only to §501(c)(3) organizations, and as a result, interrupting programming for fundraising on behalf of the FOP or a labor union is not allowed.

Is there a requirment for LPFM stations to keep a public file?

LPFM stations are not obligated to uphold a public file in the same manner as full-power stations, as indicated by the absence of reference to §73.3527 in §73.801.

Nevertheless, LPFM stations are mandated to maintain a political file, as stipulated in §73.801 and §73.1943.

It’s important to note that LPFM stations are not compelled to permit public inspection of their political file. Furthermore, due to the recent introduction of online public files, LPFM stations will not be provided access to the FCC’s Online Public File system for document uploads, as confirmed through a REC inquiry with Staff on 2/1/2016.

Additionally, LPFM stations are required to uphold station logs documenting instances such as transmitter activation and deactivation, operational deviations, and the replacement of lighting on commonly owned towers. This requirement is outlined in §73.877.

Furthermore, LPFM stations are obligated to maintain EAS (Emergency Alert System) logs, as specified in the EAS Handbook.

What is the procedure if an LPFM station is undergoing an assignment process when its renewal is due?

When an LPFM station is undergoing an assignment process at the time of its renewal deadline, the following steps outline the process:

1. Renewal Application Submission: Submit the station’s renewal application using the appropriate FCC Form (typically Form 303-S). This form should be filled out as usual, providing accurate and up-to-date information about the station’s operations and status.
2. Section III, Item #6: In Section III of the renewal application, specifically item #6, indicate whether the station is involved in an assignment process by selecting the appropriate option (“yes” or “no”). This section addresses whether any application is pending to assign or transfer control of the station’s license or construction permit.
3. Pending Status: If the LPFM station is in the process of an assignment at the time of renewal, the application will be considered as “pending” rather than dismissed. The FCC will hold the application in a pending status until the assignment process is finalized.
4. Resumption of Operation: If the station goes silent during the assignment process, you’ll need to follow the appropriate procedures for notifying the FCC of the resumption of operation once the assignment is complete.
5. Amending Renewal Application: Once the assignment process is successfully completed and the station is under new ownership or control, file an amendment to the renewal application. In this amendment, update the information in Section III, Item #6 to accurately reflect the station’s status. Change the selection from “no” to “yes” to indicate that the assignment process has been completed.
6. Continuation of Renewal Process: Once the amendment is filed and the renewal application is updated, the FCC will continue processing the renewal application. The amendment ensures that the renewal process reflects the station’s updated ownership or control status.

If the assignment application hasn’t been approved yet:

How should the LPFM station proceed if the assignment application is still pending when the renewal is due?

The assignor (current party) should submit the renewal application in a timely manner. This application should be digitally signed by an authorized representative of the assignor’s organization. Note that the assignment application won’t be granted until after the renewal application is approved, which usually happens in the month before the license expiration. Once the assignment application is granted, you can file the consummation notice to finalize the process.

If the assignment application has been granted but not consummated:

What steps should be taken if the assignment application has been approved but the consummation hasn’t taken place yet?

File the consummation notice. After filing, get in touch with the FCC Audio Division to link the new FRN (FCC Registration Number) with the station in LMS (License Management System). Once this is done, the assignee organization can proceed to file the renewal application.

If the assignment application has been granted and consummated, but LMS still shows the old FM:

What should be done if the assignment application has been granted and completed, but the LMS platform still displays the previous FM information?

Contact the FCC Audio Division to ensure that the new FRN is associated with the station in LMS. This will ensure that the updated information is accurately reflected for the station.

It’s important to keep accurate records of the assignment process and ensure timely communications with the FCC throughout the assignment and renewal procedures. Consulting with legal experts or professionals familiar with FCC regulations can also provide guidance during this process to ensure compliance and a smooth transition.

How does the regulation §73.1208 (pre-recorded material) affect our station's presentation considering that we use voice tracking?

The regulation §73.1208, which pertains to pre-recorded material, can impact your station’s presentation if you use voice tracking. Voice tracking involves pre-recording segments of content, such as announcements or shows, to be played back later as if they were live. This practice can help manage scheduling and ensure consistent programming even when live hosts are not available.

When it comes to voice tracking and the regulation §73.1208, there are a few key points to consider:

1. Required Live and Local Content: According to the regulation, non-commercial educational (NCE) FM stations, including LPFM stations, must broadcast a certain amount of locally originated programming each week to maintain their non-commercial status. This means that while voice tracking can be a useful tool, you must ensure that a significant portion of your programming remains locally originated, live, and relevant to your community.
2. Local Presence and Content: The FCC emphasizes the importance of localism in programming. Voice-tracked segments should reflect the local community’s interests, news, and events. Pre-recorded content should not dilute the station’s local presence or give the impression that the station is not actively engaged with its community.
3. Compliance with Regulations: While voice tracking is permitted, it must not lead to non-compliance with FCC regulations. This includes adhering to station identification requirements, maintaining accurate public files, and avoiding misleading or inaccurate information.
4. Transparency: When using voice tracking, it’s important to be transparent with your audience. If a segment is pre-recorded, make sure your listeners are aware of it, so they understand whether the content is live or recorded.
5. Balance with Live Content: While voice tracking can enhance your programming, it’s crucial to strike a balance between pre-recorded segments and live content. Live broadcasts foster listener engagement, interaction, and real-time community involvement, which is essential for non-commercial stations.

According to §73.1208, any pre-recorded programming that creates the impression of being live must be clearly identified as a pre-recorded program.

To ensure compliance, refrain from recording voice tracks that might mislead listeners into thinking the content is “live.” Avoid naming programs with the term “Live” unless they are genuinely broadcast live. If you rebroadcast a previously recorded show, it’s essential to disclose that the program was pre-recorded. This transparency ensures that your audience is well-informed about the nature of the content they are hearing.

In summary, while you can use voice tracking as part of your programming strategy, ensure that your station remains compliant with the regulations set forth in §73.1208. Maintain a strong local presence, provide meaningful live content, and be transparent with your audience about when segments are pre-recorded. This way, you can continue to serve your community effectively while benefiting from the flexibility that voice tracking offers.

Can an LPFM station to be rebroadcast on the HD subchannel of another station?

Yes, it is possible for an LPFM (Low Power FM) station to be rebroadcast on the HD subchannel of another station. HD Radio technology allows traditional FM stations to broadcast digital signals, including multiple subchannels alongside their main analog signal. These subchannels can carry additional content, which might include rebroadcasting content from other stations, such as LPFM stations. However, the specifics of such an arrangement would depend on agreements between the stations involved, regulatory considerations, and technical compatibility. It’s essential to ensure that any rebroadcasting arrangement adheres to applicable regulations and is carried out with the necessary permissions and agreements in place.

Does running a program provided on a "barter" basis allow an LPFM (or NCE) station to include commercials?

No, running a program provided on a “barter” basis does not allow an LPFM (or NCE) station to include commercials. LPFM (Low Power FM) and NCE (Non-Commercial Educational) stations are subject to specific regulations that prohibit the airing of commercial advertising. Even if a program is acquired through a barter arrangement, which involves exchanging content for airing in exchange for something of value, it does not grant LPFM or NCE stations permission to broadcast commercials. These stations are required to maintain their non-commercial status and adhere to FCC regulations, which prohibit the broadcast of commercial content in any form.

Barter is a term employed in commercial broadcasting where a station agrees to broadcast a program or provide other services, such as ID jingles, in exchange for carrying commercials furnished by the producer or syndicator. In a barter arrangement, there is no monetary transaction; instead, it’s akin to a trade.

Section 399b of the Communications Act encompasses the following:

(a)“Advertisement” defined. For purposes of this section, the term “advertisement” means any message or other programming material which is broadcast or otherwise transmitted in exchange for any remuneration, and which is intended-
(1) to promote any service, facility, or product offered by any person who is engaged in such offering for profit;
(2) to express the views of any person with respect to any matter of public importance or interest; or
(3) to support or oppose any candidate for political office.

The critical term here is “remuneration.” Although not explicitly defined in Title 47, “remuneration” denotes “income in the form of a commodity, service, or privilege if, before the performance of the service for which it is payment, the parties have agreed upon the value of such commodity, service, or privilege, and that such part of the amount agreed upon to be paid may be paid in the form of such commodity, service, or privilege” (as exemplified by 20 CFR 332.2(a)(2)). Consequently, remuneration can encompass commodities or services, not just cash.

A prevalent misconception is that “consideration” or “remuneration” solely pertains to cash transactions in the context of noncommercial educational (NCE) stations. However, this perspective is inaccurate.

When a syndicator offers a station valuable content, such as a produced radio program that the station didn’t have to allocate resources to create, this essentially constitutes the syndicator “compensating” the station for airtime. Broadcasting such a program alongside commercial messages would contravene the FCC’s NCE policy.

Some argue that since the Commission’s NCE policies don’t explicitly mention “barter,” they also don’t exclusively refer to cash payments. Instead, they employ the term “consideration,” encompassing any form of compensation exchanged for broadcasting content, whether it’s cash, tangible goods, or services.

Can an LPFM station to broadcast "syndicated" programming?

Yes, it is permissible for an LPFM (Low Power FM) station to broadcast “syndicated” programming. LPFM stations have the flexibility to air syndicated content, which refers to programs that are produced by third-party content providers and distributed to multiple stations for broadcasting. However, LPFM stations need to ensure that the syndicated programming aligns with the station’s non-commercial and educational nature, adheres to FCC regulations, and doesn’t compromise the station’s local programming requirements. Additionally, LPFM stations should maintain records of their programming content for compliance purposes.

It’s essential to ensure that the carried programming on an LPFM (Low Power FM) station is “non-comm friendly.” This means avoiding content from commercial programming sources unless you remove all commercial announcements and references to commercial sponsors, which might be embedded within the programming itself, not just in designated commercial breaks. Carrying commercial syndicated programming might not be feasible due to the higher rates demanded by program producers, which most LPFM stations typically can’t afford. As commercials are prohibited on NCE (LPFM) stations, it’s impractical to engage in “barter” agreements involving national commercials in exchange for program carriage.

It’s also important to be cautious about programming or network offerings where the station would be compensated for broadcasting a program. For instance, while full-service NCE stations can legally receive compensation from networks like Immaculate Heart Radio (IHR) for carrying Relevant Radio and sharing in “pledge drive” revenue, LPFM stations might be limited by §73.860(e), a rule unique to LPFM, prohibiting certain operating agreements with full-service stations. Exploring alternatives like EWTN for Catholic programming might be a safer option.

While a few LPFM stations from the 2013 filing window are committed to carrying a minimum of 8 hours of local programming per day due to pledges made during the application process, stations not bound by such pledges have more flexibility in their programming choices, as long as they adhere to other FCC regulations.

What is the procedure for renewing our station if it is currently silent?

If your station is currently silent, the process for renewing your station’s license will depend on the specifics of your situation. Generally, if your station is not broadcasting or has been off the air for a period of time, you are still required to apply for license renewal, even if the station is not operational.

During the renewal application process, you will need to provide information about the station’s current status, including the reasons for the silence and any plans for resuming broadcasting. The Federal Communications Commission (FCC) typically requires stations to file a Silent Notification indicating the reasons for the silence, and this notification should be submitted prior to the expiration of your station’s current license term.

It’s important to follow the FCC’s guidelines and deadlines for filing the renewal application and any required notifications. If your station has been silent for an extended period, the FCC may request additional information about your plans for resuming operations.

Keep in mind that the specifics of the renewal process can vary based on factors such as the type of station (e.g., LPFM, full-power FM, etc.) and the duration of the silence. It’s recommended to consult the FCC’s official resources and potentially seek legal advice to ensure that you navigate the renewal process accurately and in compliance with all regulations.

If your station, regardless of its type, is not broadcasting at the time you submit your renewal application, indicate “no” in Section III, item #6. This will result in your license not being renewed according to the regular schedule. Instead, your application will be placed in a pending status and will not be automatically dismissed.

Once your station resumes operations, follow these steps:

1. File the standard form to notify the FCC about the resumption of operation.
2. Simultaneously, access the Licensing and Management System (LMS) and amend your renewal form. Change the response in Section III, Item #6 from “no” to “yes.”

After amending your renewal form, the processing of your renewal application will resume.

Please note:

• Even if your station is silent, it is still necessary to submit the renewal application (Form 303-S) within the specified timeframe.
• When renewing a silent station, an online public notice is required as a substitute for on-air announcements. More details about this process are available on our Renewals Page.

Is it possible to sell or transfer control of an LPFM station to a different organization?

Yes, it is possible to sell or transfer control of an LPFM (Low Power FM) station to a different organization. However, there are certain regulatory processes and requirements that need to be followed when making such a transfer. The Federal Communications Commission (FCC) has guidelines and procedures in place for the sale or transfer of broadcast licenses, including LPFM licenses. These processes involve obtaining FCC approval, ensuring compliance with ownership limits and other regulations, and notifying the FCC of the intended transfer.

It’s important to note that the transfer process can be intricate and might involve legal, financial, and technical considerations. It’s advisable to consult with legal experts and professionals who are knowledgeable about FCC regulations and the specifics of broadcast station transfers to ensure that the transfer is executed smoothly and in compliance with all applicable rules and requirements.

An LPFM station license or construction permit can be transferred to another organization under the following circumstances:

1. The station was granted a construction permit but was never constructed, and at least 18 months have passed since the original construction permit was issued.
2. The station has been built and has been on the air for less than 4 years (excluding silent periods), and the transfer meets the requirements specified in §73.865 (see additional details below).
3. The station has been built and has been on the air for a minimum of 4 years (excluding silent periods).

For unbuilt construction permits and constructed stations operating for less than 4 years (excluding silent periods), a transfer can only be made in accordance with §73.865 if:

• At the time of the original application, there were no competing applications during the filing window (referred to as a “singleton”).
• Competing applications existed, but those applicants were either dismissed or modified their proposals to remove competition (also a “singleton”).
• The station resolved competing applications during the remediation period after the filing window (still a “singleton”).
• The original application was part of a group of competing applicants, and the FCC used a point system to dismiss lower-scoring applicants as “non-tentative selectees.” The assignee (new organization) must qualify for the same number of points as the current licensee during the filing window.
• The original application was granted as part of an involuntary time-share group. The assignee must have qualified for the same number of points and have an earlier local community presence date than the “youngest” organization in the timeshare group.

LPFM stations seeking assignment must include in their application a statement demonstrating how they meet the criteria outlined in §73.865 of the regulations.

LPFM station transfers can involve compensation based on the amount paid by the original licensee for equipment and construction costs that will benefit the assignee after the transfer. This compensation cannot include ongoing operating expenses such as rent, salaries, utilities, licensing fees, etc. The application should include a breakdown detailing the names and model numbers of items, their sources, and the actual costs incurred.

However, LPFM stations cannot be sold for a profit; any transfer should adhere to non-profit principles.

Is it permissible for an LPFM/NCE station to make mention of a church raffle?

Yes, an LPFM/NCE station can generally mention a church raffle, but there are some considerations to keep in mind. When mentioning a church raffle or any other event on the air, the station should ensure that the announcement complies with FCC regulations and guidelines for non-commercial educational (NCE) stations, including those related to underwriting and promotional content.

For NCE stations, underwriting announcements must avoid promoting specific goods, services, or businesses in exchange for consideration. Instead, they should provide factual information about the event without any promotional language. Additionally, underwriting announcements must be in compliance with the station’s mission and the educational nature of the NCE license.

For LPFM stations, the rules are similar in terms of avoiding commercial content, but LPFM stations may have some more flexibility in their underwriting announcements. However, the announcement should still maintain a non-promotional tone and align with the station’s non-commercial nature.

In the context of mentioning a church raffle, the announcement should focus on providing information about the event, such as the date, time, location, and purpose of the raffle, without sounding like a commercial advertisement.

It’s always a good idea to review FCC regulations and guidelines specific to your station type and consult with legal experts or station advisors to ensure that any on-air mentions, including those of events like church raffles, are in compliance with the applicable rules.

§73.1211 of the FCC Rules addresses regulations pertaining to lotteries, encompassing activities like raffles. This rule is guided by federal laws, and its provisions are as follows:

Under the FCC rules, this regulation applies to lotteries, gift enterprises, or similar undertakings that offer prizes dependent wholly or partly on chance and are linked to broadcasting any list of prizes drawn or awarded through such a scheme, whether the list includes all or part of these prizes.

While such activities are generally prohibited, there are specific circumstances under which they are allowed:

1. Official state lotteries.
2. Non-profit or governmental organizations conducting gaming.
3. For-profit entities running promotional activities that are occasional and secondary to their primary business.
4. Tribes conducting gaming under the Indian Gaming Regulatory Act.

The authorization for lotteries, raffles, and gift enterprises was established by Congress in the Charity Games Advertising Clarification Act of 1988.

Regarding NCE/LPFM stations:

1. Not-for-profit entities holding a verified §501(c)(3) status can reasonably infer that these announcements are allowed. As these entities are exempt from the definition of a commercial in §399b of the Communications Act, these announcements might be permissible in exchange for compensation.
2. For-profit entities serving as underwriters, mentioning a raffle could be considered an inducement to patronize their business and thus be prohibited. Additionally, the raffle might potentially breach state law, which both the FCC and federal law acknowledge. If no compensation is involved, We recommend refraining from airing such announcements, given that it might not be evident to listeners or competitors whether compensation was exchanged. This could lead to record-keeping demands and potential legal complications.

The legal ambiguity arises with not-for-profit entities recognized as non-profits by the state but lacking a federal §501 tax-exempt status under charity regulations, which might not be acknowledged by Title 18 of the Criminal Code.

To navigate this issue, LPFM/NCE stations can request any organization seeking to broadcast raffle information to provide their §501(c) certification letter from the IRS. The station should retain this letter in their records for at least 30 days beyond their next license renewal. If no §501(c) certification letter is available, stations are advised against broadcasting such information.

This material is solely based on our interpretation of the specific rule and law, without attorney review. It is provided for informational purposes only and should be used with caution. For legal advice, it’s recommended to consult a qualified attorney.

Can I broadcast a telephone conversation over the airwaves?

In general, broadcasting a telephone conversation over the airwaves without the consent of all parties involved may raise legal and ethical concerns. Many jurisdictions have laws related to wiretapping, privacy, and consent that apply to such situations. It’s essential to consider the legal implications and obtain consent from all parties before broadcasting any private conversations. Always consult with legal professionals to ensure compliance with the relevant laws and regulations in your jurisdiction.

To address this question, we need to examine both the FCC Rules and state law.

As outlined in §73.1206 of the FCC Rules (which is also applicable to LPFM stations), consent from the other party is generally required before recording a conversation for broadcast or transmitting it live over the air. An exception exists when it’s evident that the conversation will be broadcast, such as in call-in shows.

However, initiating a live call on air is prohibited. If you intend to bring someone on air via a call, it’s necessary to first contact them off the air, secure their permission to broadcast the call, and then proceed with the on-air conversation. Instances have arisen where stations faced fines for “on-air dialing out” without the recipient’s awareness of being broadcast as they answered the call. Furthermore, fines have been imposed on stations that recorded prank calls and aired them without the consent of the called party.

Moreover, specific states require consent from both parties involved for recording, regardless of whether the call is intended for broadcast or not:

• California
• Connecticut
• Delaware
• Florida
• Illinois
• Maryland
• Massachusetts
• Michigan
• Montana
• Nevada
• New Hampshire
• Oregon
• Pennsylvania
• Vermont
• Washington

Is it within the guidelines for an LPFM (or NCE) station to include commercials on their internet stream, while simultaneously adhering to compliant underwriting acknowledgements over the airwaves?

Yes, according to the FCC regulations, it is permissible for an LPFM (or NCE) station to include commercials on their internet stream while still adhering to compliant underwriting acknowledgments over the airwaves. The FCC’s regulations primarily focus on content broadcast over the FM frequency, and they do not have strict restrictions on what can be included in an internet stream. However, it’s important to ensure that the underwriting acknowledgments meet the requirements set forth by the FCC and that the commercials on the internet stream comply with relevant copyright and licensing laws. It’s advisable to consult with legal professionals to ensure full compliance with all applicable regulations.

The inclusion of advertising messages in a stream can be approached in two distinct manners. In “in-stream advertising,” the automation triggers the playback of a different message for stream listeners compared to what airs over the radio. Post the break, both the stream and the radio broadcast revert to regular programming. Alternatively, advertising on a stream can take the form of a “pre-roll” message where the advertisement plays as the stream connects, directly transitioning into the programming. This concept mirrors pre-roll advertising on platforms like Tune-In and YouTube.

However, the implementation of “opt out/in-stream” and “pre-roll” advertising necessitates thorough consideration of potential consequences.

Discrepancy in Break Lengths: Typically, commercials span 30 or 60 seconds, whereas compliant underwriting announcements tend to be briefer. Although the FCC does not stipulate a specific time limit for underwriting acknowledgments, it has indicated that longer announcements might straddle the line between acknowledgment and promotion. Crafting an underwriting message encompassing the underwriter’s name, a non-promotional business description, product line details, location, and contact information can be accomplished in under 15 seconds.

Increased Scrutiny from Competitors: Stations employing opt-outs to air full commercials on streams might encounter complaints and petitions for denial of renewals from rival broadcasters. Instances have arisen where LPFM or NCE stations were accused of broadcasting commercials, which were exclusive to their streams. Addressing such complaints can demand resources and potentially legal representation.

Necessity of Comprehensive Logs: Stations executing opt-out messages must maintain detailed logs that document the time of the break, content broadcast on the internet stream, and simultaneous FM airplay.

Non-Profit Status Implications: While not offering legal counsel, it’s crucial to be aware that certain for-profit activities by a nonprofit organization could breach federal or state laws. This is particularly relevant when advertisements pertain to political candidates or ballot measures. Consulting an attorney or a certified public accountant well-versed in nonprofit regulations is essential to gauge the effects of running such commercials on an organization’s nonprofit status.

Potential Licensing and TOS Concerns: One must also assess whether music licensing performance rights organizations (e.g., ASCAP, BMI, SESAC, and SoundExchange) permit commercial advertising under the station’s license type or, in the context of aggregated licensing such as Live365, whether these messages align with their Terms of Service.

Please note that these considerations provide an overview and should not be construed as legal advice. Consulting appropriate legal professionals is recommended for addressing specific circumstances.

Can an LPFM station relay the programs or live audio content of an international broadcaster (e.g., VOA, RFI, BBC, etc.)?

Yes, LPFM stations are allowed to rebroadcast the programs or live audio of international broadcasters like VOA (Voice of America), RFI (Radio France Internationale), BBC (British Broadcasting Corporation), and others, as long as they adhere to certain rules and regulations.

LPFM stations in the United States operate under the guidelines of the Federal Communications Commission (FCC). When rebroadcasting content from international broadcasters, LPFM stations need to ensure compliance with FCC regulations, including those related to content origin, copyright, and licensing.

LPFM stations must obtain the necessary permissions to rebroadcast copyrighted content and ensure that the rebroadcast does not violate any intellectual property rights. Additionally, LPFM stations should be aware of any potential content restrictions or regulations set by the international broadcasters themselves.

In summary, while LPFM stations can rebroadcast international broadcasters’ content, it’s crucial to navigate the legal and regulatory landscape to ensure proper compliance with all relevant rules and permissions.

Given that you have obtained the necessary clearances from the international broadcaster, let’s delve into the concerns associated with this matter and our interpretation of the regulations in this context. Please note that the following is not to be construed as legal advice. If legal counsel is sought, it’s recommended to consult an attorney. Your attorney is welcome to contact REC for consultation prior to arriving at a decision.

The central matter under consideration revolves around the language stipulated in §73.879 of the regulations, which succinctly states:

“An LPFM licensee may not retransmit, either terrestrially or via satellite, the signal of a full-power broadcast station.”

International broadcasters such as VOA, NHK, and others may possess shortwave and, in certain cases, mediumwave (AM) transmitters situated in various parts of the world. This has led to the consideration of whether these broadcasters might be categorized as “full-power broadcast stations.”

The question concerning the retransmission of content from full-power stations by LPFM stations initially arose during the original Notice of Proposed Rulemaking for MM Docket 99-25, predating the establishment of the LPFM service. In paragraph 68, the FCC addresses matters related to local programming and proposes the restriction of LPFM stations “functioning as a translator”:

For LPFM stations listed under the Pledge List, the act of rebroadcasting content from an international programming provider will not be considered as part of the mandatory minimum requirement of 8 hours per day for local programming.

Naturally, if you intend to rebroadcast content from an international broadcaster, it is imperative to obtain proper clearance from the respective broadcaster. For further insights on securing the necessary permissions to carry out such rebroadcasting activities, the following links offer additional information:

Are translators required to protect LPFM stations?

Yes, translators are required to protect LPFM (Low Power FM) stations. The protection requirements for translators vary depending on the location of the translator and the LPFM station. Here are the key points:

1. Co-Channel Protection: Translators must protect co-channel LPFM stations from interference. This means they should not cause harmful interference to LPFM stations broadcasting on the same frequency (channel).
2. First-Adjacent and Second-Adjacent Channel Protection: Translators must also protect LPFM stations on first-adjacent and second-adjacent channels. This involves ensuring that the translator’s signal does not cause interference to LPFM stations operating on these nearby frequencies.
3. Distance Separation: The protection of LPFM stations by translators is primarily based on distance separation requirements outlined in §73.807 of the FCC rules. These requirements specify minimum distances that must be maintained between the translator and LPFM stations to prevent interference.
4. Non-Common Ownership: Translators that are not commonly owned by the same organization as the LPFM station they rebroadcast must also adhere to these interference protection rules.

In summary, translators are subject to FCC regulations that require them to protect LPFM stations from interference, just as they must protect full-power FM stations and other broadcast services. These protection measures help ensure that all stations can operate without significant interference in their respective coverage areas.

FM translator stations are mandated to safeguard LPFM stations in line with §74.1204(a)(4) of the regulations. Specific protection requirements are also outlined for FM boosters concerning LPFM (as well as other stations) situated on the immediately adjacent channels.

To comprehend these protective measures, a brief tutorial on contours is in order:

Every broadcasting station (be it full power, LPFM, or translator) possesses a safeguarded contour (sometimes referred to as the “service contour”). For LPFM and translators, this contour is established using the 60 dBu contour based on the F(50, 50) curves chart. If an LPFM station operates at 100 watts and is optimally positioned 30 meters above the average terrain on a flat surface, this contour will encompass a radius of 5.6 kilometers, utilizing a non-directional antenna. The service contour is designed to estimate the station’s service area where consistent reception can be anticipated.

Each broadcasting station also features interfering contours. The dimensions of these contours fluctuate based on the proximity of the channel concerning the other station under evaluation. The interference contour for co-channel scenarios is significantly larger than that of the first and second/third adjacent channels. Interfering contours are determined using the F(50, 10) curves chart. The primary purpose of the interference contour is to establish the geographical area in which the “undesired” signal from another facility might impede the anticipated service area of the desired station (the service contour mentioned earlier).

Calculating the distance to each curve involves assessing the height above average terrain (HAAT) across up to 360 different directions (radials). The determined HAAT for a specific direction and the effective radiated power in that same direction (accounting for potential reductions due to directional antennas) are used to ascertain the station’s distance from the calculated chart-based distance. All these data points are interconnected, forming a contour plot.

For instance, in this particular scenario, data points are positioned at 10-degree intervals (36 points), subsequently connected by lines to form the service contour. Consultants typically utilize either 72 points or, if the software permits, a comprehensive 360 points.

For the purpose of ensuring interference-free operation, it is imperative that the interfering contour of the unwanted station does not intersect with the protected (service) contour of the desired station.

Applying this principle to the safeguarding of LPFM stations by translators:

1. FM translators on the same channel (co-channel) that apply for authorization subsequent to the LPFM station cannot be located in a manner where their 40 dBu interfering contour overlaps with the LPFM’s protected contour.
2. FM translators on first-adjacent channels that apply for authorization subsequent to the LPFM station cannot be situated in a way that results in their 54 dBu interference contour overlapping with the LPFM’s protected contour.
3. FM translators on the second and third adjacent channels are not obligated to safeguard LPFM stations.

In the case of LPFM stations that have not yet obtained their operational license (license to cover is pending), they are considered to operate at the maximum allowable facilities (100 watts at 30 meters HAAT). Once the LPFM station’s license is fully approved, the actual operational specifications must be considered. Therefore, if the LPFM station operates at a height below 30 meters HAAT and utilizes less than 100 watts (for instance, due to compliance with a second adjacent channel waiver as per the US-Mexico agreement or station preference), the same level of protection it received during the construction permit phase is not guaranteed.

LPFM stations employing a directional antenna solely for second-adjacent channel waiver reasons or for the service of public safety entities (state, county, and city traveler’s information service) will be protected as if they were using a nondirectional antenna, notwithstanding the presence of a directional antenna on record. In situations where translator applicants fail to recognize this and file for coverage overlapping the hypothetical nondirectional contour of the LPFM station, it becomes necessary to submit an Informal Objection against the translator application.

For LPFM stations using a directional antenna due to international agreements, Channel 6 protection, or any other rationale, protection will only extend to the translator’s directional service contour rather than a hypothetical nondirectional service contour. This allows translators to be situated closer to LPFM stations.

Moreover, it’s important to note that during the computation of the contours, all HAAT measurements below 30 meters are rounded up to 30 meters.

LPFM stations ensure the protection of FM translators on co-channel, first-adjacent, and second-adjacent channels through the utilization of the minimum distance separation criteria outlined in §73.807(a) of the regulations. Additionally, LPFM stations have the option to employ second-adjacent channel waivers, similar to the provisions applicable to full-power stations.

How can I obtain a translator for my LPFM station?

What are the steps to obtain an FM translator for an LPFM station?

1. Find someone who has a license or construction permit for a translator and is willing to sell it to your organization. Note that translator prices have risen due to increased demand, such as rebroadcasting HD-2 channels of commercial broadcast stations.
2. The translator must be physically near your LPFM station. There’s no 250-mile rule for moving a translator that won’t be used for AM radio.
3. If the translator needs to be moved to a different site, there must be contour overlap between the translator’s existing protected contour and the proposed new site.
4. The translator’s channel must remain the same or can only be changed to an adjacent channel or intermediate frequency (plus or minus 1, 2, 3, 53, or 54 channels). Non-adjacent channel changes for a translator require an application by a full-power station.
5. The translator must receive the LPFM station over the air and cannot be fed by the internet, satellite, or microwave. Translators owned by different organizations than the LPFM may receive the signal from another translator carrying the same station.
6. If the translator will be owned by the same organization as the LPFM station, specific rules apply:
   • LPFM organizations are limited to only 2 translators.
   • The translator must carry the main analog programming of the LPFM station.
   • It must receive the LPFM station over the air.
   • The protected contour of the FM translator must overlap the protected contour of the LPFM station.
   • The FM translator must be located within 10 miles (20 miles outside the top-50 metro markets) from either the LPFM station or the reference point for the LPFM’s community of license.
7. Individuals who own a translator cannot be board members or officers of the LPFM organization, violating the cross-ownership rule.
8. If the translator will be owned by a different organization, no person can be a board member of both the FM translator’s organization and the LPFM’s organization, as this also violates the cross-ownership rules.
9. Unlike LPFM, FM translators have different interference rules. Even one listener outside the full-power station’s protected contour but within the translator’s protected contour can potentially block the translator from being granted at a particular location. LPFM interference rules are based on distance separation.
10. FM translators for LPFM stations have power limitations calculated based on height above average terrain (HAAT) measured in 12 directions at 30-degree increments. The highest HAAT determines the maximum HAAT, which affects the maximum Effective Radiated Power (ERP). East of the Mississippi River and in California south of 40 degrees latitude, the ERP is based on a chart with an average facility of 250 watts at 32 meters HAAT. In other areas, the chart specifies 250 watts at 107 meters HAAT for an average facility.

To obtain a translator for an LPFM (Low Power FM) station, you’ll need to follow these general steps:

1. Identify a Suitable Frequency: Determine if there are available frequencies in your area that can be used for the translator. You can check the FCC’s website for available frequencies and potential interference concerns.
2. Acquire a Translator Construction Permit: You will need to file an application for a construction permit for the translator with the FCC. This application includes details about the proposed translator’s frequency, location, power, and technical specifications. Be prepared to pay the necessary application fees.
3. Application Processing: The FCC will review your application to ensure it complies with all relevant regulations and does not cause interference to existing stations. If the application is approved, you will receive a construction permit.
4. Construction and Testing: Once you have the construction permit, you can proceed with building the translator facility. This includes setting up the antenna, transmitter, and necessary equipment.
5. License to Cover: After construction and testing are complete, you must file a “License to Cover” application with the FCC. This confirms that the translator has been built and is operating as authorized.
6. Ongoing Operation: Once the translator is operational, you must adhere to all FCC rules and regulations, including maintaining accurate records and making any required public file disclosures.
7. Coordination with LPFM Station: Ensure that the translator operates in coordination with your LPFM station and does not cause interference. LPFM stations have priority, so translators must protect LPFM stations from interference.
8. License Renewal: Be aware of the translator’s license renewal requirements. Translator licenses are typically granted for eight years but are subject to renewal.

It’s important to consult with an attorney or broadcasting consultant who is experienced in FCC regulations to navigate the application process successfully. Additionally, regularly check the FCC’s website and relevant rules for any updates or changes in the application process or regulations related to translators for LPFM stations.

What are the height (HAAT) and power limitations that FM translator stations must adhere to as regulated by the Federal Communications Commission (FCC)?

FM translator stations are subject to specific height (HAAT) and power limitations, which are regulated by the Federal Communications Commission (FCC). Here’s an explanation of these limitations:

1. Height Above Average Terrain (HAAT): FM translator stations are typically limited in their HAAT, which is the height of their antenna above the average terrain in the area. The specific HAAT limitation depends on various factors, including the translator’s frequency, channel, and location. These limitations are in place to prevent interference with other stations and to ensure efficient use of the radio spectrum.
2. Power Limitations: The FCC also imposes power limitations on FM translator stations. These limitations are designed to prevent signal overlap and interference with neighboring stations. The maximum power allowed for an FM translator station depends on its frequency and class.

It’s important to note that these limitations can vary depending on the specific circumstances and regulatory changes. Therefore, it’s essential for broadcasters to consult the FCC rules and guidelines or seek legal counsel to determine the precise HAAT and power limitations that apply to their FM translator station in their particular location and operating conditions. Failure to adhere to these limitations can result in regulatory issues and potential interference with other stations in the area.

When we examine FM translator stations, it’s important to distinguish between two types of FM translators, each subject to its own set of limitations:

1. Fill-in Stations:

• FM translators used for “fill-in” purposes within the service area of an AM or FM station.
• For translators providing fill-in service for FM stations, the translator’s protected service contour (e.g., 60, 57, or 54 dBu) must remain entirely within the protected service contour of the primary FM station.
• For translators providing fill-in service for AM stations, the translator’s contour must remain within the 2 millivolt per meter (mV/m) daytime contour of the AM station. In areas where the 2 mV/m contour does not extend 25 miles from the AM station, the translator’s 60 dBu contour can extend to 25 miles from the AM station.
• These translators can operate at up to 250 watts Effective Radiated Power (ERP) at any height above average terrain (HAAT), provided they stay within the service contour of the primary station and properly protect other broadcast stations, FM translators, and LPFM stations.

2. Translators to Extend Coverage:

• Translators with protected service contours extending outside of the protected service contour of the primary FM station being rebroadcast.
• These translators are typically used by non-commercial educational broadcasters, religious broadcasters, and municipal governments.
• They can also rebroadcast LPFM stations.
• ERP for these translators is limited based on maximum HAAT, and the limitations vary by geographic location (east of the Mississippi, California south of 40 degrees latitude, and other areas in the west). The maximum ERP can range from 10 watts to 250 watts at various HAAT levels.
• The specific power limitations are detailed in §74.1235(b) of the FCC rules.

To determine the maximum HAAT and ERP for a translator with a non-directional antenna, you can use the FCC’s HAAT Tool and consider the highest HAAT among the 12 radials. For directional antennas, the ERP along any of the 12 radials must not exceed the designated ERP for the HAAT shown along that radial.

Please note that LPFM stations use an 8-radial average calculation for HAAT, which can result in different power allowances compared to translators in certain locations.

These limitations ensure that FM translators operate within specific parameters to prevent interference and efficiently serve their intended areas.

When is it necessary to provide identification for a translator station?

According to §74.1283 of the regulations:

Translators can be identified through voice announcements within specific time frames: between 7-9 am, 12:55-1:05 pm, and 4-6 pm, broadcast over the primary station.

Translators can also be identified by transmitting the call sign in international Morse code. This can be achieved through modulation with a minimum of 30 percent modulation and using a frequency that is not within 200 kHz of the old EBS attention signal frequencies. Alternatively, the translator can identify itself through frequency shift keying, which involves a carrier shift between 5 and 25 kHz.

Is it possible to upgrade an LPFM station to a full-service NCE (Noncommercial Educational) station while retaining the same frequency/channel?

In most cases, it’s not feasible to upgrade an LPFM station to a full-service NCE (Noncommercial Educational) station while keeping the same frequency or channel.

The NCE window for applications is limited to the frequency range of 88.191.9 MHz, which corresponds to Channels 201220. These channels are exclusively reserved for noncommercial educational broadcast stations.

Most LPFM stations operate within the band of 92.1107.9 MHz, encompassing Channels 221300.

Even for LPFM stations currently operating on channels within the 88.191.9 MHz range (Channels 201220), securing the same channel for a full-service NCE station may not be possible. Full-service stations have additional regulatory obligations, including protecting other full-service stations on co-, first-, second-, and third-adjacent channels, as well as complying with distance separation requirements concerning commercial stations on Channels 221~300. Furthermore, full-service stations are obligated to protect ten full-service Channel 6 TV stations. They are not required to protect LPFM stations, FM translators, and low-power TV (LPTV) stations on Channel 6.

Is it possible for another group to assume responsibility for a granted construction permit that was never utilized and is now on the verge of expiring, with the intention of completing the construction?

The FCC allows the assignment of a construction permit to a different organization provided that at least 18 months have passed since the permit was initially granted. However, there’s an important caveat to consider: if the construction permit is assigned to a different organization, they will have only the remaining time from the original 3-year permit. Extensions are generally not permitted unless there are exceptional circumstances like a natural disaster or other events that qualify for tolling.

It’s crucial to be aware that the assignment process typically takes around 45 to 60 days to receive FCC approval. Therefore, there must be sufficient time remaining to secure the assignment grant, complete the transaction, and proceed with building the facility. If the intention is to construct the facility at a different location, a modification of the construction permit must be sought, and this can occur concurrently with the assignment process.

If the permit has only about 3 months left, pursuing an assignment may not be a feasible option.

Is there a method to make the license renewable if I find myself in an involuntary time-share arrangement?

If you are in an involuntary time-share situation and wish to make the license renewable, you should consult with the appropriate regulatory authorities or seek legal advice. Renewability of licenses can depend on various factors, including the specific terms and conditions of your licensing agreement, the relevant regulations, and any potential changes or exceptions that may apply in your situation. A legal expert or regulatory authority can provide guidance on the best course of action to address your specific circumstances.

To ensure a renewable license in an involuntary time-share situation, it’s essential to achieve a universal settlement with all the applicants in the time-share group. This can be done even after the FCC has determined involuntary time-sharing, or there’s an option to wait and see if other applicants (s) opt out, and no longer wish to hold a non-renewable license. This highlights the significance of cooperative collaboration from the outset to avoid such complexities.

Why was my LPFM station in San Diego (Tucson, El Paso, Brownsville, Yuma) only granted 50 watts of power?

LPFM stations are subject to power limitations set by the Federal Communications Commission (FCC) to ensure the efficient use of available spectrum and prevent interference with other stations. The specific power allocation for an LPFM station, including the 50-watt limitation in the mentioned areas, is determined by various technical and regulatory factors, including the availability of frequencies, the proximity to other stations, and the FCC’s licensing rules. These power limits are established to maintain a balance between maximizing spectrum utilization and minimizing interference. If you have further questions about your station’s power allocation, you may consider reaching out to the FCC or consulting with a broadcasting expert for more detailed information specific to your case.

This limitation on LPFM station power to 50 watts in specific areas like San Diego, Tucson, El Paso, Brownsville, and Yuma is a result of a longstanding agreement with Mexico that predates the LPFM service. In these regions, non-directional LPFM stations are restricted to 50 watts within 125 kilometers of the Mexican border. To maximize the service area while maintaining this power limit, LPFM stations operating in this “strip zone” are advised to have an antenna height of 42 meters above average terrain (HAAT). Operating at lower antenna heights may reduce the station’s coverage area. However, exceeding 42 meters HAAT requires reducing power to meet the 5.6-kilometer service contour limitation.

For LPFM stations within the “strip zone” and below 42 meters HAAT, there is an option to utilize directional antennas. This allows them to limit radiation to less than 50 watts in directions within 125 kilometers of Mexico while maintaining maximum Effective Radiated Power (ERP) in directions farther from the Mexican border. To make this change, LPFM stations need to file and obtain a construction permit, including the directional field values, which can be obtained from the antenna manufacturer and adjusted to the appropriate number of degrees for the intended antenna direction. Detailed studies are necessary to demonstrate the directions within 125 kilometers of Mexico and to ensure that the proposed antenna will not exceed 50 watts ERP along those directions. Stations using directional antennas solely for international agreement compliance are not required to provide proof of performance or independent surveyor verification. Additionally, FM translators will protect LPFM stations based on the directional pattern of the antenna.

In the border area, all LPFM stations must also adhere to specific restrictions, including not having a 60 dBu service contour extending more than 8.7 kilometers along the directions toward Mexico and ensuring that the 34 dBu interfering contour does not exceed 32 kilometers along the directions toward Mexico.

Can I use a mobile tower, particularly when my permit is nearing expiration?

Yes and maybe no. You might be able to use a mobile tower, especially as your permit is nearing expiration. Mobile towers can be a viable option for temporary broadcasting needs, and they can provide flexibility in situations like this. However, it’s essential to ensure that you comply with all relevant regulations and guidelines during the temporary tower’s usage, even if your permit is close to expiration. Always check with the appropriate regulatory authorities or consult legal counsel to confirm compliance with local and federal broadcasting regulations.

Historically, the FCC has classified antennas affixed to trailers as temporary constructions. To obtain a facility license, a tower must meet the criterion of “durable construction,” which means it should be affixed to a stable, immovable surface and connected to a permanent power source. Consequently, it’s not possible to license a tower mounted on a trailer.

The sole scenario in which a trailer-mounted tower is acceptable occurs when an already licensed station temporarily relocates to a different site and only if the FCC has issued Special Temporary Authority permitting the use of these temporary facilities.

References:

• Broadcast Towers, Inc., Order, 26 FCC Rcd. 7681, 7686 (MB 2011)
• Manitee Media Corporation, Letter, 33 FCC Rcd. 6685, 6690 (MB 2018)

Is it mandatory for LPFM stations to submit Ownership Reports using Form 323-E?

No, LPFM stations are not required to submit Ownership Reports using Form 323-E.

Biennial ownership reports serve as a tool for the FCC to monitor ownership diversity and media concentration. Full-service stations submit these reports between October 1 and December 1 of odd-numbered years. Non-biennial ownership reports are required from full-service stations following specific events, such as within 30 days of an original construction permit grant or within 30 days of completing an assignment of license or transfer of control.

It’s worth noting that LPFM stations are exempt from filing any Ownership Reports, specifically Form 323-E.

Please be aware that Form 323 (without the E) is designated for full-service commercial broadcast stations, while Form 323-E is intended for full-service noncommercial educational broadcast stations.

Reference: 47 CFR §73.801 (please note the absence of cross-reference to §73.3615).

If a full-service FM station license is canceled, does the spectrum become available for LPFM use?

No, the cancellation of a full-service FM station license does not automatically make the spectrum available for LPFM use. The process for reallocating spectrum, including whether it becomes available for LPFM use, is determined by the Federal Communications Commission (FCC) through its licensing and allocation procedures. Cancellation of a full-service FM station license may open up opportunities for spectrum reassignment, but the specific outcome would depend on the FCC’s decisions and regulations regarding spectrum allocation and licensing in that particular area.

The answer to this question varies depending on the specific frequency band in which the FM station with the canceled license operates.

For the Non-reserved (Commercial) Band (92.1~107.9 MHz):

In the non-reserved (commercial) FM band, the FCC allocates specific channels and station classes to particular communities before a station is licensed. Therefore, if a non-reserved band FM station on a certain channel in a specific community decides to cancel its license, or if the license expires and is not renewed, or if the station is silent for more than 365 consecutive days, the station may cease to operate, but the original allocation remains intact. LPFM stations are obligated to safeguard vacant FM allocations. Occasionally, the allocation may have different reference coordinates than the station’s actual location, which could, in rare cases, make it appear as available. However, over the long term, the original allocation associated with the canceled FM station’s license might become available for auction. When this occurs, a new full-power FM station will likely occupy that channel, potentially causing interference or receiving interference from LPFM stations. In such cases, LPFM stations may need to change frequency or cease operations.

It’s important to note that FM translators are not required to protect vacant FM allocations. Nevertheless, similar considerations apply, and there’s a possibility that a station could occupy that channel in the future, requiring the secondary service (translator or LPFM) to adjust its frequency or cease broadcasting if it causes interference to the new full-service FM station.

For the Reserved (Non-Commercial Educational) Band (88.1~91.9 MHz):

In the reserved non-commercial educational (NCE) band, there is no predetermined table of allotments. If a reserved-band full-service station’s license is canceled or if an original construction permit fails to build within the designated construction period, resulting in the permit’s cancellation, the spectrum becomes available for potential use by LPFM or FM translators. However, this availability is subject to meeting distance separation requirements from all other stations according to §73.807 and taking into account Channel 6 full-service and low-power TV stations according to §73.825. Typically, the spectrum is not immediately available but becomes so approximately 30 days after the cancellation is published in the FCC’s “Actions” Public Notice. This time frame allows the previous licensee to file a Petition for Reconsideration regarding the cancellation.

Is it necessary to obtain a Construction Permit if there are inaccuracies in the coordinates on the permit/license or if I plan to make a minor adjustment to the tower site location?

For full-service non-directional stations, a modification of license application can be submitted to correct geographic coordinates within a range of up to 3 seconds in latitude and/or up to 3 seconds in longitude (§73.1690(b)(2)). The actual distance allowable for adjustment varies due to the curvature of the Earth but generally falls within about 300 to 350 feet in latitude and 200 to 250 feet in longitude. However, any changes or corrections involving full-service directional antennas necessitate a construction permit.

In the FM Translator service, you can make horizontal changes, excluding those that require FAA notification, of up to 500 feet from the authorized coordinates without needing a construction permit (§74.1251(b)(5)).

Conversely, in the LPFM service, according to §73.875(b)(2), a Modification of Licensed Facility application (formerly known as Form 318) must be filed for any alteration in station geographic coordinates. This includes both coordinate corrections and adjustments to another tower at the same coordinates.

It’s essential to keep in mind that operating with unauthorized facilities, whether it pertains to location, height, or channel, can have serious consequences. Such unauthorized operation can be considered equivalent to operating “silent” and may subject the station to Section 312(g) of the Communications Act, which states that stations failing to transmit signals for over 365 consecutive days can face license cancellation. The FCC has interpreted this law in the past to include unauthorized operation.

To emphasize the importance of accurate coordinates, it’s worth noting previous actions taken by the FCC:

• In 2018, a Notice of Violation was issued to American Multi-Media Syndicate, Inc. for operating an LPFM station 3.88 miles from its authorized location.
• In 2019, the FCC canceled the license of Chinese Voice of Golden City after discovering that the station operated from unauthorized locations, including one as close as 256 feet from its authorized location.
• In 2020, the FCC proposed a forfeiture to Jupiter Community Radio for various violations, including operating the station at a location one-third of a mile (1,742 feet) from its authorized location.

Therefore, it is crucial for applications to reflect the correct coordinates. Organizations considering acquiring an LPFM station from another entity through the license assignment process should conduct due diligence to ensure the station is operating at its authorized location, as the receiving organization may become responsible for the previous owner’s errors.

It’s important to note that LPFM is not akin to CB radio, where stations can be moved without authorization. In LPFM, operations must be conducted from the exact authorized coordinates. While there is some allowance for antenna height adjustments (between 2 meters higher and 4 meters lower than the authorized vertical height, per §73.875(b)(3)), there is no leeway for horizontal location changes.

What is the timeframe within which I must complete construction after receiving my construction permit?

LPFM construction permits, whether for new or existing stations, are initially valid for 36 months (as per §73.3598(a)). Extensions beyond this period are only granted under exceptional circumstances, such as natural disasters, administrative and judicial reviews, or international coordination matters, in accordance with the FCC’s tolling policies (§73.3598(b)).

Are there any strategies I can employ to lower my HAAT and boost my ERP if my position is within 16 kilometers of either the coastline or a foreign nation?

The Height Above Average Terrain (HAAT) is typically calculated based on the average elevations at 50 evenly-spaced points along 8 radials in 45-degree increments (0 degrees, 45 degrees, 90 degrees, and so on). These 50 elevation points along each radial are first averaged, and then these radial averages are further averaged and compared to the antenna’s radiation center’s height above sea level to determine the HAAT.

If a station is situated near a large body of water, such as an ocean or one of the Great Lakes, or near the borders of Mexico or Canada, there’s a possibility to adjust the HAAT through a special technical process.

Here’s how to approach this adjustment for each of the 8 individual radials:

1. Determine the 34 dBu interfering contour around your site for each radial. If there is any U.S. land area along a radial, even if it’s more than 16 km away, such as an island (even if it’s uninhabited) or deviations in the international border (like along the Rio Grande in Texas), that land must be considered.
2. If a specific radial lacks any U.S. land area between 3 and 16 km, you can exclude that radial from consideration. When calculating the average of the remaining radials, divide the sum of the averages by the number of remaining radials. For example, if you’re originally summing up the averages of 8 radials, but you exclude one radial, divide by 7 for the overall average.
3. If a radial does contain U.S. land area between 3 and 16 km, determine the elevations at points within the U.S. land area, disregarding water or foreign territory. In this case, you don’t need to calculate elevations at 50 evenly-spaced points along the shortened radial. Instead, look at elevations in 260-meter increments between 3 km and the coastline or border. When calculating the overall average, divide by the number of radials used.

For instance, consider KXRN-LP in Laguna Beach, CA, which is located near the coast without any offshore islands within the 34 dBu interfering contour. Initially, the HAAT along the 8 radials appears as follows:

• Azimuth 0: -119.33 meters
• Azimuth 45: -101.8 meters
• Azimuth 90: -87.41 meters
• Azimuth 135: -14.18 meters
• Azimuth 180: 28 meters
• Azimuth 225: 28 meters
• Azimuth 270: 28 meters
• Azimuth 315: -53.78 meters

The average is -36.56 meters HAAT. However, considering the U.S. land area along certain radials, you can exclude the 180, 225, and 270-degree radials. The 315-degree radial doesn’t qualify for any adjustment as it has a land area between 3 and 16 km along its entire length.

After excluding these radials, you add up the remaining 5 radials and divide by 5, resulting in a new average HAAT of -75.30 meters.

This method, allowed by the rules, can reduce the HAAT, which can be advantageous when the original HAAT exceeds 30 meters, allowing for increased effective radiated power in those cases.

For LPFM stations near the Mexican border, there is still a limit of 50 watts ERP along any radial that includes Mexican land area (including offshore islands) within 125 kilometers of the LPFM station. However, the adjusted ERP can be considered for radials not within 125 km of Mexico when a directional antenna is used.

Refer to FCC Rules §73.313(d)(2) for further details.

Considering that the regulations prohibit an LPFM station from also being the licensee of a full-service FM station, what is the process for filing during the NCE window?

An LPFM licensee has the option to apply during the NCE filing window. However, to do so, they must provide information regarding their current LPFM station license and commit to divesting it before initiating program testing for the NCE facility.

The divestiture of an LPFM station license can be accomplished through two primary methods:

1. Surrender of License: Essentially, your organization cancels the LPFM license by submitting a license cancellation application in the LMS system. This should be done concurrently with or prior to filing a license-to-cover application for the full-service station.
2. Assignment of License: In this scenario, the LPFM license is transferred to a different organization. Expect a 60-day processing period from the time the assignment application is submitted, as all assignment applications undergo a mandatory 30-day public notice period. After this period, the FCC staff will assess the application’s suitability for approval. Note that delays may occur due to issues like a weak educational statement from the assignee organization or objections. Thus, it’s crucial to initiate the assignment process promptly upon receiving the NCE construction permit grant. Once the assignment application is approved, the actual transfer of the station to the assignee can occur. Afterward, the current licensee (assignor) must file a Consummation Notice with the FCC to confirm the completion of the transaction. Once the Consummation Notice is submitted, the LPFM station is officially divested. You can file the Consummation Notice simultaneously with the License-to-Cover application for the NCE construction permit.

It’s worth noting that NCE grantees should thoroughly review the conditions outlined in their granted construction permit document. LPFM licensees involved in a divestiture do not automatically receive program test authority. If the permit specifies that program test authority is not granted, you cannot simply activate the NCE transmitter. Instead, carefully review the permit’s wording to determine if program testing is permitted after completing one of the two processes mentioned above or if the FCC must grant program test authority in a different manner. Some permits may include additional conditions that require prior FCC approval for program testing, especially in cases involving directional antennas and the need for proof of performance.

Local Diversity of Ownership Point:

Current LPFM licensees pledging to divest their stations before program testing can claim 2 points for Local Diversity of Ownership, provided they meet other requirements (e.g., no commonly owned FM translator overlapping the proposed NCE station’s coverage area).

No Need for a New Educational Statement:

LPFM licensees pursuing a full-service NCE station have already been determined to be qualified noncommercial educational applicants. There is a specific field in LMS where applicants should enter the file number of the application that confirms their NCE applicant status. This file number can be either:

• For original LPFM licensees: The file number of their granted construction permit, which typically begins with BNPL.
• For organizations that acquired the LPFM station from another entity: The file number of the granted assignment application. For older applications (before 2021), this would typically start with BALL.

What is the timeline for going on the air once I have obtained my construction permit and completed the construction of my LPFM station?

After obtaining your construction permit and completing the construction of your broadcasting facility, you must adhere to specific regulatory procedures before going on the air. Here’s a general overview of the key steps:

1. Construction Completion: Ensure that all construction work for your broadcasting facility is completed in accordance with the specifications outlined in your construction permit.
2. Testing: Conduct necessary testing and technical inspections to confirm that your facility meets all regulatory and technical requirements. This may include equipment tests, antenna system checks, and ensuring compliance with transmitter power and frequency parameters.
3. Program Test Authority (PTA): Depending on your situation, you may be eligible for Program Test Authority (PTA). PTA allows you to perform tests, experiments, and broadcasts to fine-tune your station’s operation before obtaining a full license. You must file an application for PTA with the FCC, and upon approval, you can begin testing.
4. License Application: Prepare and submit a license application to the FCC. This application demonstrates that your station complies with all relevant rules and regulations, including construction requirements, technical standards, and frequency coordination.
5. FCC Review: The FCC will review your license application, which may take some time. Ensure that you have submitted all required documentation and fees.
6. Grant of License: Once the FCC approves your license application, you will receive a grant of license. This authorizes you to operate your station legally.
7. Commence Broadcasting: With the grant of license in hand, you are now authorized to commence broadcasting. Ensure that you operate within the parameters specified in your license, including frequency, power, and coverage area.
8. Ongoing Compliance: Continue to operate your station in full compliance with FCC rules and regulations. This includes regularly renewing your license, adhering to technical standards, and meeting all reporting requirements.

To begin broadcasting once you have your construction permit, follow these steps:

1. Obtain a Call Sign: Visit the FCC’s Call Sign Reservation System to review available call signs and reserve one for your station. Once your call sign request is accepted, you can proceed.
2. Commence Program Test Operations: Unless there are special conditions on your construction permit (which is uncommon), you can begin program test operations without waiting for FCC approval. Notify the FCC of your program test operations, and you don’t need to wait for approval before starting regular programming.
3. Automatic Program Test Authority: Under automatic program test authority, you can run regular programming from the start. However, remember to file FCC Form 319 within ten days to inform the FCC that your station is operational. Failing to do so can result in your construction permit lapsing, and you’ll lose your authority to operate the station.
4. Equipment Testing Rules: If you are not prepared to commence program testing, you can operate under equipment testing rules. This allows you to operate the transmitter without actual programming. You may use tones, dead carriers, and voice IDs. You should identify the station at the beginning of testing, once per hour (or more frequently) at the top of each hour, and at the end of the test session. Notify the FCC by postal mail that your station will be operating in this manner.
5. Time Share Agreement: If your station is part of a time share agreement, equipment and program testing should be limited to the time slots authorized in the agreement.
6. Notification to the FCC: Send your notifications to the FCC via postal mail, either to the Washington, DC, or Capitol Heights, MD address, depending on the service used (e.g., UPS, FedEx, DHL). No specific form is required for test notifications. Ensure that your notification includes your call letters, Facility ID number, and the application reference number of the construction permit (e.g., BMPL-20121321ABC). The letter should state that the station has commenced equipment or program test operations in accordance with §73.1610 (for equipment tests) or §73.1620 (for program tests) of the Rules.

   Postal mail to the FCC (including Express Mail) should be sent to: Marlene H. Dortch, Secretary Federal Communications Commission Office of the Secretary 445 12th Street, SW Washington, DC 20554

It’s crucial to note that while the program test letter is necessary, it doesn’t replace the need to file FCC Form 319. Form 319 must be filed before your construction permit expires.

By following these steps and keeping the FCC informed of your test operations, you can smoothly transition from construction to broadcasting.

The specific timing for each of these steps can vary, and it’s essential to stay in close communication with the FCC throughout the process. Additionally, be aware of any specific requirements or deadlines associated with your construction permit and license. Ensuring full compliance with regulatory procedures is crucial for a smooth transition from construction to broadcasting.