LPFM Radio FAQs

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:

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Yes, it is possible to lower your power output as a strategy to reduce the size of an overlap zone when applying for a second adjacent channel waiver. Adjusting your power output can help minimize interference concerns and improve the chances of obtaining the waiver. However, it’s important to ensure that the reduced power level still complies with regulatory requirements and serves the intended coverage area effectively.

Keep in mind that the combined factors of your height above average terrain (HAAT) and effective radiated power (ERP) must not be reduced to the extent that it would result in a service contour covering less than 4.7 kilometers, which is equivalent to 50 watts at 30 meters HAAT. This minimum service contour requirement ensures that your station continues to provide an adequate coverage area while operating at the reduced power level.

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)

If you find yourself in a situation where you’re already on the air with a compliant facility, but you haven’t filed a Form 319, and your construction permit has expired, it’s crucial to take the following steps:

1. Consult the FCC: Reach out to the Federal Communications Commission (FCC) promptly to discuss your situation. Explain the circumstances and seek their guidance on the necessary actions to rectify the expired construction permit.
2. File Form 319: Even though your construction permit has expired, you should still file Form 319 as soon as possible. This form is typically used for minor modifications or corrections to existing facilities. While it may not fully address the expired permit, it’s an essential step to bring your station into compliance.
3. Consider Legal Counsel: Depending on the specifics of your situation, it might be advisable to consult with legal experts who specialize in broadcasting regulations. They can provide guidance on the best course of action to resolve the permit issue.
4. Prepare for Renewal: If your construction permit can’t be reinstated, you should start preparing for a renewal application. Be diligent in meeting all renewal requirements and deadlines to continue broadcasting legally.
5. Maintain Compliance: In the interim, ensure that your facility remains in compliance with FCC rules and regulations. Continue operating as a responsible broadcaster while addressing the permit issue.

Remember that timely communication with the FCC and taking appropriate corrective actions are essential in resolving this situation. Each case can be unique, so seeking expert advice may be beneficial in navigating the regulatory process effectively.

Please note that the following information pertains to original construction permits and not modifications.

Nexus is aware of a legal precedent that might allow you to file a Form 319, provided the following conditions are met:

1. The Form 319 submission occurs within 30 days of the permit’s expiration.
2. Your compliant facility was actively broadcasting on the day the permit expired.

If you believe your situation aligns with these criteria and requires the filing of a Form 319 based on the case law, please contact Nexus.

It’s essential to emphasize that, if you decide to file a Form 319 under this case law, your station must have been broadcasting at the time of permit expiration. Submitting a Form 319 for a station that hasn’t been constructed could be perceived as misrepresentation intended to deceive the FCC, potentially affecting your organization’s eligibility as a Commission licensee. In other words, if a license has been issued, it could be subject to revocation, and your organization may also face forfeiture.

Additionally, any broadcasting conducted after your Construction Permit (CP) has expired might be viewed by the Commission as an unauthorized operation. This could lead to enforcement actions, including forfeitures (fines), admonishments (warnings), or no enforcement action at all.

Furthermore, it’s crucial to be aware that the FCC mandates stations that have completed construction and are operating under Program Test Authority to file Form 319 within 10 days of construction completion. Requesting a license after the 10-day period following the initial operation may raise questions and expose you to potential penalties.

In summary, honesty and transparency with the FCC are paramount, even when addressing regulatory challenges. This underscores the importance of requesting an extension for your construction permit and ensuring timely compliance with FCC rules and requirements.

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.

Once your station receives authorization, you’ll be assigned an Effective Radiated Power (ERP). It’s important to clarify that ERP pertains to the power emitted by your antenna, not the power generated by your transmitter alone. Various components along the signal path, such as your feed line (coaxial cable) and equipment like lightning arrestors, introduce some degree of loss.

In the case of a single bay Nicom BKG-77 configuration, it’s essential to note that it operates with a gain of -3 dB, effectively causing a loss. To illustrate this further, let’s consider a scenario where your feedline exhibits a loss of 0.8 dB per 100 feet, and the lightning arrestor contributes a 0.1 dB loss. With 150 feet of LMR-600 cable, you’ll encounter a 1.2 dB loss from the cable alone, and when factoring in the lightning arrestor, the total loss amounts to 1.3 dB.

Additionally, the antenna itself introduces a 3 dB loss. When transmitting at 100 watts Transmitter Power Output (TPO), the resulting ERP is actually 38 watts, which falls below the legally required minimum.

To rectify this situation, you can set the TPO to 263 watts, which will yield an ERP of approximately 99.99 watts, ensuring compliance with regulatory minimums. This adjustment highlights the importance of selecting an appropriate transmitter when considering your station’s specific setup.

If you decide to add an additional bay to the Nicom antenna, it will attain unity gain, meaning there will be no additional loss or gain from the antenna itself. However, you’ll still need to account for feedline and insertion losses. In this case, setting the transmitter at 132 watts TPO would result in an ERP of approximately 100.13 watts.

In the U.S., LPFM (Low Power FM) stations are subject to specific power limits and technical requirements defined by the FCC. These regulations are designed to prevent interference with other stations and ensure the efficient use of the radio spectrum. Exceeding the authorized power limits for your LPFM station without proper authorization from the FCC would likely be a violation of regulatory rules.

Therefore, before increasing your transmitter’s power, it is essential to consult with the FCC or a legal expert familiar with broadcasting regulations to ensure compliance and obtain any necessary permissions or waivers. Operating within the approved power limits helps maintain a fair and interference-free broadcasting environment.

When you’re ready to make these calculations and file your Form 319, Nexus can provide assistance to ensure proper compliance with regulatory standards.

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.

Yes, it is possible for a pending or granted LPFM applicant or permittee who no longer wishes to use their allocated channel to request a dismissal or cancellation of their application or permit as part of a settlement agreement. This can be done with the aim of making way for another mutually exclusive (MX) applicant to be granted access to that channel. However, the specifics of such a request and its approval would depend on the regulatory procedures and policies of the relevant authorities, such as the Federal Communications Commission (FCC) in the United States.

It can be a bit intricate, but when an application or permit is voluntarily dismissed or canceled, the facility is promptly removed from the database. This opens up the opportunity for another facility to propose operation on that channel or in a manner that doesn’t infringe on the spacing requirements of the previous facility.

On the other hand, if the application is involuntarily dismissed, it stays in the database for a minimum of 45 days, as it awaits any potential Petitions for Reconsideration. During this period, the channel won’t be available for other proposals or usage.

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.

Yes, the FCC has the authority to grant waivers for minimum distance spacing requirements even when a full-power station operates on the same channel or the first adjacent channel. These waivers are typically considered on a case-by-case basis and are subject to specific regulatory conditions and considerations. Stations seeking such waivers should carefully follow FCC procedures and provide sufficient justification for the requested waiver. The FCC evaluates these requests with the goal of ensuring efficient spectrum use while minimizing interference and protecting existing broadcasters’ rights.

The possibility of receiving a waiver for minimum distance spacing requirements can vary depending on the location of the other station, whether it’s in the United States, Canada, or Mexico.

For Domestic Cases (When the Other Station is in the USA):

The Radio Broadcast Preservation Act (RBPA) within the Making Appropriations For The District of Columbia Act of 2001 (Pub L. 106-553), also known as the RBPA, stipulates in Section 632(a)(1)(A) that the FCC must establish rules specifying minimum distance separations for third-adjacent channels, as well as for co-channels and first- and second-adjacent channels. This legislation mandates the use of distance separation, rather than contour overlap, for LPFM stations to safeguard full-power stations.

In 2010, with the enactment of the Local Community Radio Act (LCRA), the RBPA was amended via LCRA Section 2. This amendment directed the FCC to modify its rules governing LPFM station operations, as proposed in MM Docket 99-25, to prescribe protection for co-channels and first- and second-adjacent channels. This change opened the possibility for the FCC to consider waivers for third-adjacent channel separation.

Furthermore, in Section 3 of the LCRA, the legislation solidified the modification by stating, in 3(a), that the FCC must adapt its rules to eliminate third-adjacent channel minimum spacing requirements between LPFM stations and “full-service FM stations, FM translator stations, and FM booster stations.”

However, Section 3(b)(1) of the LCRA specifies that the FCC “shall not amend the rules to reduce the minimum co-channel and first- and second-adjacent channel distance separation requirements on the date of enactment of [the LCRA] between LPFM stations and “full-service FM stations”. Section 3(b)(2) addresses second-adjacent channel waivers.

In summary, the feasibility of obtaining a waiver for minimum distance spacing requirements in domestic cases, particularly regarding third-adjacent channels, is influenced by the regulatory framework established by the RBPA and the LCRA. It’s essential to consider these legal provisions and consult with relevant authorities when seeking waivers in specific situations.

Based on a careful reading of the Local Community Radio Act (LCRA), it appears that the FCC is restricted from granting waivers that reduce the minimum distance spacing for co-channel and first-adjacent channel stations to a distance less than what is specified in §73.807(a).

When dealing with foreign stations, specifically those in Canada and Mexico, it’s important to note that there is case law indicating that the Radio Broadcast Preservation Act (RBPA) and the Local Community Radio Act (LCRA) may not apply to foreign stations. This interpretation is influenced by varying international agreements between the United States and these neighboring countries.

In some instances, there have been precedents where distance requirements to foreign stations were waived based on a demonstration of protection. One notable case involved the use of a directional antenna to address interference concerns.

Given the complexity and unique considerations involved in dealing with foreign stations, particularly regarding distance waivers, it is strongly advisable to seek assistance from Nexus Broadcast. They can provide expert assistance and guidance tailored to your specific situation when navigating these international regulatory aspects.

Yes, employing a directional antenna can potentially be a solution to address a second adjacent channel waiver issue. Directional antennas are designed to focus the radiation pattern of the transmitted signal in specific directions while reducing it in others. By carefully configuring a directional antenna, it may be possible to minimize interference with neighboring stations on second adjacent channels, thus improving the chances of obtaining a waiver for such a setup. However, the feasibility and success of this approach would depend on various technical and regulatory factors, and it may require consultation with experts and relevant authorities.

I suggest considering the use of a directional antenna when your 100 dBu interference contour exhibits a slight overlap with the primary station’s service contour. It’s essential to note that the FCC has issued warnings regarding the use of directional antennas that might lead to a significant reduction in population coverage compared to a non-directional antenna at the same site. Implementing directional antennas entails additional engineering efforts both during the application process and before commencing broadcasting operations.

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.

Certainly, the choice between a one bay and a two bay antenna can impact your broadcasting setup. Here are the key distinctions between the two and factors to consider when deciding which one is more advantageous for your specific needs:

One Bay Antenna:

1. Size: A one bay antenna consists of a single array of antenna elements. It is typically smaller and less complex in design.
2. Radiation Pattern: One bay antennas tend to have a more straightforward radiation pattern. They radiate in a particular direction with a relatively uniform signal distribution.
3. Coverage: One bay antennas are suitable for smaller coverage areas and may have limitations in reaching distant or fringe areas.
4. Advantages: They are often more cost-effective and straightforward to install. One bay antennas are appropriate for situations where a focused coverage area is sufficient.

Two Bay Antenna:

1. Size: A two bay antenna comprises two arrays of antenna elements, which can make it physically larger and more complex.
2. Radiation Pattern: Two bay antennas can offer a more complex radiation pattern, which may include directional or omnidirectional capabilities. This can result in broader coverage options.
3. Coverage: Two bay antennas are generally capable of covering larger areas, including both primary and fringe regions.
4. Advantages: They provide greater versatility in coverage, making them suitable for broadcasting in diverse geographic areas. Two bay antennas may offer improved signal strength and reach.

The choice between a one bay and a two bay antenna depends on your broadcasting requirements. Consider the following factors:

1. Coverage Area: Determine the size of the area you need to cover. If you’re targeting a relatively small and focused region, a one bay antenna may suffice. For larger coverage areas or more complex coverage patterns, a two bay antenna may be preferable.
2. Budget: One bay antennas are often more cost-effective, which can be advantageous if you have budget constraints.
3. Signal Strength: Evaluate the signal strength required for your broadcast. If you need to reach distant or challenging-to-reach areas, a two bay antenna with its potentially enhanced signal propagation might be the better choice.
4. Regulatory Considerations: Ensure that your choice complies with regulatory requirements and licensing conditions.

On occasion, the necessity for a 2-bay antenna arises, particularly when addressing second adjacent channel interference concerns. Within myLPFM, the [Potential Waiver] function can provide a list of antennas suitable for your proposed location.

A single bay antenna typically fulfills the minimum requirements for operating a station, making it the choice for most LPFM installations.

However, a 2-bay antenna offers improved performance by directing the signal more effectively outward. Compared to single bay antennas, two bay antennas provide better signal performance and require less transmitter power. For instance, if you use a single bay antenna with a height above average terrain (HAAT) of 30 meters or less, you might need to transmit at 250 watts from the transmitter to achieve an effective 100 watts at the antenna. With a two bay antenna, you might only need to transmit around 110 watts to achieve the same 100 watts at the antenna.

While you may experience some cost savings in your electric bill with a two bay antenna due to reduced power requirements, it’s essential to consider the initial purchase cost. A two-bay antenna is typically more expensive, costing around $2,000 compared to the less than $1,000 cost of a single bay antenna. Additionally, if you are leasing tower space, you should be prepared for higher rental fees with a two bay antenna because it occupies more space on the tower.

Ultimately, the choice between a single bay and a two bay antenna should align with your specific broadcasting needs, budget, and tower space considerations. Careful evaluation and consultation with experts can help you make an informed decision that best suits your LPFM station’s requirements.

In conclusion, there is no one-size-fits-all answer to whether a one bay or two bay antenna is better. Your decision should align with your specific coverage needs, budget, and regulatory compliance. Consulting with a broadcast engineer or antenna specialist can provide valuable insights into the most suitable option for your broadcasting setup.

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)).

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.

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.

Part 15 broadcasters, which include low-power unlicensed devices like Wi-Fi routers and cordless phones, do not receive individual call signs from the FCC. Call signs are typically issued to licensed radio stations, including full-power AM and FM radio stations, as well as television stations.

Part 15 devices operate under specific rules and regulations outlined in Part 15 of the FCC’s rules. These rules govern the use of unlicensed radio frequency devices and set limitations on power levels, emissions, and other technical parameters to prevent harmful interference to licensed services.

Unlicensed devices under Part 15 do not have call signs because they operate within specified technical parameters and do not have the same responsibilities and regulatory requirements as licensed broadcasters.

The guidance provided in §73.3550(l) of the FCC’s rules is relevant to Part 15 device operators. These operators are free to use whatever identification they desire, as long as it is done appropriately and does not cause confusion with licensed stations.

In summary, LPFM stations have FCC-issued call signs, while operators of Part 15 devices do not receive individual call signs from the FCC.

Broadcasters wishing to file complaints regarding other station operations that are out of compliance should direct their concerns to the FCC’s Spectrum Enforcement Division within the Enforcement Bureau. Follow these guidelines when submitting a complaint:

Address for Complaint Submission: Federal Communications Commission

Enforcement Bureau

Spectrum Enforcement Division

45 L Street NE

Washington, DC 20554

Complaint Contents:

1. Station Information: Include the call sign and physical address of the station that is experiencing the interference.
2. Contact Information: Provide a telephone number for a contact person associated with the affected station.
3. Frequency Details: Specify the frequency on which the complaining station operates.
4. Interference Description: Offer a detailed description of the nature of the interference. Include information about when it occurred and how often.
5. Alleged Source of Interference: Identify the call sign and address of the station believed to be the source of the interference.
6. Frequency of Alleged Interfering Station: State the frequency on which the alleged interfering station operates.
7. Legal Basis for Complaint: Explain which provision of the Communications Act, rule, order, or station authorization you believe has been violated by the alleged source of the interference.
8. Supporting Documentation: Include any documentation that supports the existence and cause of the interference. This may involve recordings, photographs, or other evidence.

Important Note: Once a complaint is filed, it’s essential to be aware that the FCC will not provide updates on the status of any enforcement action, even to the broadcaster who submitted the complaint.

By following these procedures, broadcasters can effectively report interference issues to the FCC, helping to ensure compliance with regulations and maintain the integrity of the broadcasting spectrum.

To report interference caused by an LPFM station or a translator operating with unauthorized power or an illegal antenna, follow these steps:

1. Gather Information: Collect as much information as possible about the interference, including the date, time, and location where it occurs. Note any specific details about the interference’s nature and impact.
2. Identify the Station: Determine the LPFM station or translator responsible for the interference. Note its call sign and any other identifying information if available.
3. Contact the FCC: Reach out to the Federal Communications Commission (FCC), which regulates radio communications in the United States. You can file a complaint online through the FCC’s website or contact them by phone. Be prepared to provide all the information you’ve gathered.
4. Provide Evidence: If you have any supporting evidence of the interference, such as recordings or photographs, include these with your complaint to strengthen your case.
5. Follow Instructions: The FCC will guide you through the process of filing a complaint. They may request additional information or documentation, so be sure to follow their instructions closely.
6. Maintain Records: Keep records of all communication with the FCC regarding your complaint. This includes reference numbers, dates, and names of FCC representatives you speak with.
7. Cooperate with Investigations: The FCC will investigate the interference complaint. Be cooperative and provide any requested information promptly.
8. Seek Resolution: The FCC will work to resolve the interference issue. They may take enforcement actions against the station causing the interference if it’s found to be operating unlawfully.

Reporting interference is essential for maintaining the integrity of radio communications and ensuring that stations operate within the bounds of their licenses and regulations. Your cooperation with the FCC’s investigation is crucial in resolving such issues effectively.

Reporting Violations of Non-Technical Rules by Another Station

Radio broadcasting is governed by a set of regulations and rules set forth by the Federal Communications Commission (FCC) in the United States. These rules cover various aspects of broadcasting, including licensing, advertising, public file maintenance, and more. If you believe another station is violating these non-technical rules, here’s how you can report it:

1. Identify the Violation: First, be sure you have a clear understanding of the rule that is being violated. Non-technical rules can include violations related to advertising content, equal time provisions, political broadcasting, contest rules, public file requirements, and more. Ensure you can specify the exact rule being violated.

2. Gather Evidence: Collect evidence to support your claim. This could include audio recordings, transcripts, advertisements, or any other relevant documentation that demonstrates the violation. The more concrete evidence you have, the stronger your case will be.

3. Contact the FCC: File a formal complaint with the FCC. You can do this online through the FCC’s website, or you can send a written complaint by mail. When submitting your complaint, provide all the relevant details, including the name and call sign of the station in question, the specific rule that has been violated, and the evidence you’ve gathered.

• Online Complaint Submission: Visit the FCC’s Complaint Center on their official website and follow the instructions to submit your complaint electronically.
• Written Complaint: If you prefer to send a written complaint, address it to the Federal Communications Commission at the following address:Federal Communications Commission Enforcement Bureau 45 L Street NE Washington, DC 20554

4. Include Your Contact Information: Ensure your complaint includes your contact information, as the FCC may need to reach out to you for additional information or clarification.

5. Await Response: After submitting your complaint, the FCC will review the information and evidence you’ve provided. They may initiate an investigation if they believe there is a legitimate violation.

6. Remain Patient: Keep in mind that the FCC’s enforcement process can take time, and the agency prioritizes cases based on their significance and resources. Be patient and allow the FCC to conduct its investigation.

7. Follow Up: If necessary, follow up with the FCC to inquire about the status of your complaint. They may not provide detailed updates, but you can confirm that they have received your complaint and are addressing it.

8. Maintain Records: Keep copies of all communications and evidence related to your complaint for your records.

9. Confidentiality: Be aware that your complaint may not be kept confidential. The FCC generally discloses complaints and their resolutions, but they will redact sensitive personal information.

By reporting violations of non-technical rules by another station, you play a role in upholding the integrity of broadcasting regulations. Your vigilance helps maintain fairness, transparency, and compliance within the radio broadcasting industry.

Non-technical rule violations should be reprorted to

Federal Communications Commission
Enforcement Bureau
Investigations and Hearings Division
45 L Street NE
Washington DC 20554

When making a complaint, it’s important to provide specific details to ensure it can be properly addressed. Complaints should contain the following information:

1. Call Sign and Address: Include the call sign and physical address of the station you believe is in violation. This helps in identifying the station accurately.
2. Detailed Violation Description: Provide a comprehensive account of the nature of the violation. Be specific and clear about what rule or regulation you believe has been breached.
3. Supporting Documentation: Include any supporting documentation you may have, such as photographs, documents, or recordings that substantiate the violation. This evidence strengthens your case.
4. Complainant’s Name and Address: Clearly state your name and address as the complainant. This information is necessary for communication and follow-up.

It’s important to note that certain issues, such as those related to broadcast renewals, political programming rules, and Equal Employment Opportunity (EEO) matters, are not within the jurisdiction of the Enforcement Bureau. Instead, these issues should be referred to the Media Bureau for appropriate handling. Make sure to direct your complaint to the relevant bureau depending on the nature of your concern.

As of the latest information available, there are currently no provisions in place to allow LPFM (Low Power FM) stations to operate with more than 100 watts at 30 meters height above average terrain (5.6 km service contour). However, there have been discussions and petitions filed with the FCC to potentially increase the power limit for LPFM stations.

A Petition for Rulemaking was filed to enable LPFM stations that meet specific technical criteria to upgrade to 250 watts. This petition was assigned RM numbers, with the first proposal, RM-11749, seeking a straightforward upgrade to 250 watts, and the second proposal, RM-11810, aiming for a more technically flexible solution. While there has been some limited movement on this issue, there hasn’t been a definitive decision from the FCC.

It’s important to note that the FCC tentatively rejected REC’s petition, particularly the RM-11810 proposal, citing minimal changes in the regulatory landscape since the Sixth Report and Order in 2013. However, REC intends to continue advocating for the LP-250 service, especially in addressing building penetration issues experienced by LPFM stations.

The future of LPFM power increases remains uncertain, but organizations like REC Networks are actively working on this matter. Keep an eye on updates from the FCC and LPFM advocacy groups for any developments regarding power increases for LPFM stations.

Responding to a “Table of Allotments” Petition That May Affect Your LPFM Station

If you’ve learned about a “Table of Allotments” petition filed with the Federal Communications Commission (FCC) that could potentially impact your Low Power FM (LPFM) station, it’s essential to understand your options and how to respond effectively. Here, we’ll explore what these petitions are, their potential effects on LPFM stations, and steps you can take in response.

Understanding “Table of Allotments” Petitions

The “Table of Allotments” is a document maintained by the FCC that designates specific frequencies and locations for radio stations, including LPFM stations. These designations are essential for preventing interference between stations and ensuring efficient spectrum allocation. When a “Table of Allotments” petition is filed, it typically seeks changes to these allocations, such as modifying frequency assignments or station locations.

Potential Impact on LPFM Stations

A “Table of Allotments” petition can affect LPFM stations in various ways:

1. Frequency Changes: The petition may propose modifying the frequency assigned to your LPFM station. This can necessitate technical adjustments and require reprogramming of station equipment.
2. Location Changes: Petitions might propose relocating LPFM stations to different areas or transmitter sites. This can impact your station’s coverage area and audience reach.
3. Interference Concerns: Changes in frequency or location may lead to potential interference issues with neighboring stations. The FCC’s primary goal is to prevent harmful interference, so petitions are carefully considered to balance the interests of all affected stations.

Steps to Take in Response

When you discover that a “Table of Allotments” petition has been filed that could affect your LPFM station, consider the following steps:

1. Stay Informed: Regularly monitor FCC notices and updates related to the petition. The FCC typically provides public notice of such petitions, allowing interested parties to comment or intervene.
2. Assess Impact: Evaluate how the proposed changes could impact your station, including technical and operational aspects. Determine if the changes are acceptable or if they pose significant challenges.
3. Engage with the FCC: If you have concerns or objections, consider filing comments with the FCC. Your comments should be clear, concise, and well-documented, explaining your station’s position and the potential issues with the petition.
4. Collaborate with Others: Engage with other LPFM stations or organizations facing similar challenges. Collaborative efforts can amplify your collective voice and strengthen your position when addressing the FCC.
5. Seek Legal Advice: Depending on the complexity of the petition and its potential impact on your station, consulting with legal experts or FCC compliance professionals may be advisable to ensure your response aligns with regulations and best practices.
6. Participate in FCC Proceedings: If the petition advances to formal FCC proceedings or hearings, consider participating actively to represent your station’s interests effectively.

Remember that the FCC aims to balance the interests of all affected parties, including LPFM stations, during the review of “Table of Allotments” petitions. Your proactive engagement, well-structured arguments, and collaboration with others can make a significant difference in advocating for the best outcome for your LPFM station. Staying informed and taking timely action is key to protecting your station’s interests in these situations.

Understanding the Impact of “Table of Allotments” Petitions on LPFM Stations

In the intricate world of radio broadcasting, where frequencies are meticulously assigned and stations carefully located to prevent interference, LPFM (Low Power FM) stations often find themselves navigating a complex landscape. LPFM stations, known for their community-focused programming, operate on secondary status frequencies, which means they must yield to full-service commercial and non-commercial stations if spectrum conflicts arise. This secondary status becomes especially apparent when “Table of Allotments” petitions enter the picture.

The FM Table of Allotments

The FM Table of Allotments is essentially a blueprint for FM radio stations, specifying the frequencies and locations assigned to particular communities. This table is maintained by the Federal Communications Commission (FCC) and plays a critical role in ensuring the equitable distribution of radio licenses among communities.

When a “Table of Allotments” petition is filed with the FCC, it signifies an intent to change the allocations within the table. These changes might involve reassigning frequencies or moving stations to different locations. While this may seem like a technical and regulatory matter, the consequences of such changes can significantly affect LPFM stations.

Potential Impact on LPFM Stations

Here’s how a “Table of Allotments” petition can affect LPFM stations:

1. Frequency Changes: The petition may propose modifying the frequency assigned to an LPFM station. This could necessitate technical adjustments and require the station to reprogram its equipment.
2. Location Changes: Petitions might propose relocating LPFM stations to different areas or transmitter sites. This can affect the station’s coverage area and its ability to reach its intended audience.
3. Interference Concerns: Changes in frequency or location may lead to potential interference issues with neighboring stations, particularly full-service FM stations. The FCC’s primary concern is preventing harmful interference, and petitions are reviewed with this in mind.

Response Strategies for LPFM Stations

When an LPFM station becomes aware of a “Table of Allotments” petition that could affect its operations, there are several key strategies to consider:

1. Stay Informed: Keep a close watch on FCC notices and updates related to the petition. The FCC typically provides public notice of such petitions, allowing interested parties, including LPFM stations, to comment or intervene.
2. Assess the Impact: Evaluate how the proposed changes could impact your station, both technically and operationally. Determine whether the changes are acceptable or present significant challenges.
3. Engage with the FCC: If you have concerns or objections, consider filing comments with the FCC. Your comments should be well-documented, explaining your station’s position and any potential issues with the petition.
4. Collaborate with Others: Engage with other LPFM stations or organizations facing similar challenges. Collective efforts can amplify your voice and strengthen your position when addressing the FCC.
5. Seek Legal Advice: Depending on the complexity of the petition and its potential impact on your station, consulting with legal experts or FCC compliance professionals may be advisable to ensure your response aligns with regulations and best practices.
6. Participate Actively: If the petition advances to formal FCC proceedings or hearings, consider participating actively to represent your station’s interests effectively.

While it’s essential to advocate for your station’s interests, it’s important to recognize that LPFM stations operate on a secondary basis. This means they must yield spectrum to full-service stations when necessary, as mandated by FCC regulations.

Navigating the complexities of “Table of Allotments” petitions and their impact on LPFM stations requires vigilance, collaboration, and a clear understanding of regulatory processes. By staying informed and taking timely action, LPFM stations can work to protect their interests and maintain their essential role in serving local communities.

It’s important to note that this isn’t always the case, and there are several reasons behind this difference. The manner in which FM translators safeguard other broadcast facilities, including full-power stations, LPFM stations, and other translators, differs significantly from how LPFM stations provide protection.

LPFM vs. Translator Stations: Location Challenges and Regulatory Implications

Introduction

The world of radio broadcasting is a complex and regulated domain, with various types of stations serving diverse purposes. Among these are Low Power FM (LPFM) stations and translator stations. However, there are instances where establishing an LPFM station at a particular location is not feasible, leading to questions about whether a translator station can fill the gap. In this article, we explore the regulatory implications and possibilities when it comes to locating these stations in challenging areas.

Understanding LPFM and Translator Stations

Low Power FM (LPFM) stations are community-based radio broadcasters that operate with lower power and coverage compared to full-power FM stations. They are designed to serve local communities with hyper-local content and are subject to specific regulations to ensure fair spectrum allocation.

Translator stations, on the other hand, serve the purpose of extending the coverage of primary stations, including LPFM stations. They are essential for reaching areas that might not receive adequate signals from the primary station.

The Feasibility of LPFM Station Placement

LPFM stations, by design, have limited power and reach. This means that in some locations, it may not be feasible to establish an LPFM station due to factors like available frequencies, interference concerns, or other technical constraints. When such challenges arise, broadcasters may consider the possibility of deploying a translator station instead.

Translator Stations and Location Challenges

Translator stations are valuable tools for extending the reach of primary stations, including LPFM broadcasters. However, their placement is subject to specific regulatory considerations. While the inability to establish an LPFM station at a particular location does not automatically imply that a translator station cannot be located there, it is important to navigate the regulatory framework carefully.

Regulatory Implications

The Federal Communications Commission (FCC) in the United States oversees the allocation and usage of radio frequencies. To address location challenges, the following regulatory implications should be considered:

1. Frequency Availability: The FCC must determine the availability of suitable frequencies for translator stations in the challenging location. Frequency coordination is essential to minimize interference with existing stations.
2. Technical Compatibility: Translator stations must meet technical requirements to ensure that they do not disrupt the spectrum or cause interference. Technical experts play a crucial role in determining the feasibility of translator station placement.
3. Community Needs: Both LPFM and translator stations are expected to serve the needs of local communities. The FCC assesses whether a translator station’s placement aligns with the interests and requirements of the community.
4. Regulatory Compliance: Any application for a translator station in a challenging location must follow the FCC’s rules and regulations, including obtaining the necessary licenses and permissions.

Conclusion

While the inability to establish an LPFM station at a specific location doesn’t automatically rule out the possibility of locating a translator station there, it does raise a series of regulatory and technical considerations. The process involves assessing frequency availability, technical feasibility, community needs, and strict adherence to FCC regulations. Careful planning and consultation with legal and technical experts are crucial when addressing these challenges to ensure the successful deployment of translator stations and the continued provision of essential broadcasting services to local communities.

No, that information is not accurate. Operating a micro-powered AM or FM transmitter under Part 15 of the FCC rules does not typically require an experimental license.

Part 15 of the FCC rules governs low-power, unlicensed radio transmitters, including micro-powered AM and FM transmitters. These devices operate under specific power limits and technical standards to ensure they do not cause interference to licensed radio services.

Experimental licenses are generally used for more advanced and non-standard radio experiments that may involve higher power levels or unique technical parameters. They are not required for typical Part 15-compliant micro-powered transmitters used for personal or small-scale broadcasting.

However, it’s essential to comply with all Part 15 regulations, including power limits, frequency bands, and technical standards, to ensure your micro-powered transmitter operates legally and without causing harmful interference to licensed radio services. If you have any doubts or specific questions about your transmitter’s compliance, it’s a good practice to consult with the FCC or a qualified engineer familiar with radio regulations.

Part 15 encompasses various low-powered devices that are authorized by rule and not by license. This regulation includes micro-power AM stations, which are governed by two distinct rules:

1. §15.219: This rule applies to most microbroadcasters using AM. It specifies that the maximum input power at the final radio frequency stage should be 100 milliwatts (0.1 watts) or less. Additionally, the antenna system’s length (transmission line, radiator, and ground) must not exceed 3 meters (10 feet).
2. §15.221: This rule is specific to the use of Part 15 devices for broadcasting, particularly for carrier current operations (over power lines) in paragraph (a), and intentional radiators (e.g., antennas) on the campus of an educational institution in paragraph (b). The rule sets limits on the field strength of the signal at the perimeter of the campus, ensuring it does not exceed the general radiated emission limits in §15.209 of the rules. These limits are calculated based on the frequency, with 1700 kHz being the upper cutoff.

For micro-power FM stations, the rule §15.239 applies. It sets the field strength limit at 250 microvolts at 3 meters and covers the frequency range of 88-108 MHz, which includes the center carrier frequencies for FM channels 88.1 to 107.9.

Regarding the need for a license, generally, you do not require a license to operate Part 15-compliant devices for personal use. However, manufacturers must go through the FCC’s Part 15 certification process if they intend to sell these devices to the public. An experimental license is typically provided to manufacturers and industrial users when they plan to use devices in a manner not consistent with standard Part 15 use. It’s worth noting that certification numbers may not always indicate legality, especially with some imported devices.

Part 15 does not distinguish between using legal Part 15 transmitters for broadcasting in the broadcast band and using them as toys. However, it’s crucial to use certified gear from reputable manufacturers that have not been modified internally and to ensure you are using the appropriate antenna to remain compliant with the rules.

The coverage maps from FCCdata.org are publicly available for informational purposes, but it’s important to be aware of how you can use them for your own station’s materials.

Generally, you can use these maps for reference or information-sharing purposes, such as understanding the general coverage area of your station or comparing it to other stations. However, there are some considerations to keep in mind:

1. Accuracy: Ensure that the maps are accurate and up-to-date. Coverage can change over time due to various factors, so make sure you’re using the latest information.
2. Attribution: If you plan to reproduce or modify these maps for your station’s materials, it’s a good practice to attribute the source. This means giving credit to FCCdata.org or the source from which you obtained the maps.
3. Permissions: Some maps may have specific usage terms or copyright restrictions. Check if there are any usage guidelines or permissions required for your intended use, especially if you plan to use them for commercial purposes.
4. Compliance: Make sure that your use of these maps complies with any applicable laws and regulations, including copyright and intellectual property rights.
5. Accuracy: Verify the accuracy of the maps before relying on them for any critical decision-making. FCCdata.org provides valuable information, but it’s always a good idea to cross-reference it with other sources if accuracy is crucial.

In summary, while you can use coverage maps from FCCdata.org for your station’s materials, it’s essential to do so responsibly, ensuring accuracy, providing proper attribution, and complying with any relevant legal requirements or usage guidelines.

Yes, it is possible for a pending or granted LPFM applicant or permittee who no longer wishes to use their allocated channel to request a dismissal or cancellation of their application or permit as part of a settlement agreement. This can be done with the aim of making way for another mutually exclusive (MX) applicant to be granted access to that channel. However, the specifics of such a request and its approval would depend on the regulatory procedures and policies of the relevant authorities, such as the Federal Communications Commission (FCC) in the United States.

It can be a bit intricate, but when an application or permit is voluntarily dismissed or canceled, the facility is promptly removed from the database. This opens up the opportunity for another facility to propose operation on that channel or in a manner that doesn’t infringe on the spacing requirements of the previous facility.

On the other hand, if the application is involuntarily dismissed, it stays in the database for a minimum of 45 days, as it awaits any potential Petitions for Reconsideration. During this period, the channel won’t be available for other proposals or usage.

It’s important to note that while translators can operate at power levels exceeding 100 watts at 30 meters HAAT, these higher power levels are subject to necessary contour protections based on their specific location and channel assignment.

To summarize, translators may operate at power levels equivalent to:

• 250 watts at 32 meters HAAT in locations east of the Mississippi River and in California south of 40 degrees latitude.
• 250 watts at 107 meters HAAT in locations west of the Mississippi River, except in California south of 40 degrees latitude.

These power levels are governed by FCC regulations and are designed to balance the need for signal coverage while ensuring that the primary LPFM station remains the primary service in its coverage area.

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.

Yes, if two LPFM stations are currently operating under a time-share agreement and another channel becomes available that is properly spaced to either of the stations, one of the stations can request a move to the new channel while claiming that eliminating the time-share arrangement will “reduce interference.” However, the success of such a request will depend on several factors:

1. Technical Feasibility: The new channel must indeed be properly spaced to the station requesting the move, and the technical parameters (such as power, antenna height, and location) should meet the FCC’s requirements for the new channel.
2. Interference Considerations: The FCC will assess whether the proposed move will reduce interference to other existing stations or services. The claim that eliminating the time-share agreement will reduce interference should be supported by technical evidence and analysis.
3. Coordination with Other Stations: If the move impacts other stations or services, the FCC may require coordination with those parties to ensure that the change does not cause undue interference to them.
4. FCC Approval: Ultimately, the FCC will review the request and determine whether it is in the public interest and complies with FCC regulations. They may grant or deny the request based on technical and interference considerations.

It’s important to note that while the claim of reducing interference is a valid reason for requesting a channel change, the FCC will carefully evaluate the technical and regulatory aspects of the request. Stations should provide thorough documentation and technical analysis to support their case. Consulting with an expert in FCC regulations can be beneficial when navigating such requests.

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.

When your station receives an “FCC Activity Report” after submitting an application, it’s important to take the following necessary steps in response:

1. Review the Report: Carefully read through the FCC Activity Report to understand its contents and any actions or requirements related to your application. Pay close attention to any deadlines or instructions provided.
2. Check for Corrections: Verify that all the information in the report is accurate and matches the details of your application. If you identify any discrepancies or errors, contact the FCC promptly to address and rectify them.
3. Comply with Instructions: Follow any specific instructions or requests outlined in the report. This may include providing additional documentation, responding to inquiries, or taking certain actions related to your application.
4. Meet Deadlines: If there are deadlines mentioned in the report, ensure that you meet them promptly. Missing deadlines could lead to delays or complications in the processing of your application.
5. Contact FCC Support: If you have questions or need clarification regarding any aspect of the report, don’t hesitate to reach out to the FCC’s support or contact information provided in the report. They can provide guidance and assistance.
6. Maintain Communication: Keep open lines of communication with the FCC throughout the application process. If you encounter any challenges or encounter issues, it’s important to report them promptly to ensure a smooth and timely resolution.
7. Document Everything: Maintain records of all correspondence and interactions related to your application. This includes emails, letters, forms, and any supporting documentation. This documentation can be valuable for reference and compliance purposes.
8. Seek Professional Assistance: If your application involves complex technical or regulatory matters, consider seeking assistance from professionals or experts familiar with FCC regulations to ensure that you navigate the process effectively.

By following these steps and staying organized, you can effectively respond to the FCC Activity Report and help facilitate the processing of your application.

Emails from fcc-note@v-soft.com with the subject line “FCC Activity Report from V-Soft.” It’s crucial to understand that these emails are not from the FCC but are instead sent by a private company, V-Soft Communications.

V-Soft Communications offers broadcast engineering software and provides services related to monitoring FCC database activity. These emails are part of their efforts to promote their “flagging services.”

Here are the key points to remember:

1. Source of Emails: The emails from fcc-note@v-soft.com are not from the FCC but from the private company V-Soft Communications.
2. Purpose: These emails are intended to sell “flagging services” that monitor the FCC database and notify you of actions related to your application.
3. Alternative Services: REC provides a “reactive” version of this service through their fcc.today website, which displays application activity at the FCC shortly after it occurs.
4. Official FCC Emails: Emails from the FCC related to granted construction permits or licenses will come from lm-support@fcc.gov and will have specific subject lines related to authorization documents.
5. No Government Affiliation: V-Soft is not affiliated with the Federal Communications Commission, and their emails are not government communications.
6. Action Required: There is no need to take any action in response to these emails, as they primarily serve as a courtesy and include a sales pitch for V-Soft’s paid services.

Official emails from the FCC will always come from addresses ending with @fcc.gov. It’s important to distinguish between official government communications and emails from private companies like V-Soft Communications.

This is a comprehensive process, primarily applicable to commercial FM stations. Here are the key steps:

1. Petition for Allotment: Begin by petitioning the FCC to add an “allotment” to your community. This involves demonstrating that your community meets certain qualifications, including the need for community services and a post office. Additionally, you must ensure that your proposed allotment meets distance separation requirements and can cover the city of license with a 70 dBu “city grade” contour. A Form 301 and Form 159 must be filed, along with a filing fee (currently $2,685 as of 8/2015). Request the highest class available for your location.
2. Docketing and NPRM: Once you’ve submitted your petition, the FCC will docket it and issue a Notice of Proposed Rulemaking (NPRM) with a docket number. During a 30-day period, other organizations can file counter-proposals. If there are counter-proposals, the FCC will use a priority system to determine the preferred allotments. If your proposal serves the public interest and meets qualifications, it will be added to the table of allotments. Note that this step does not open a filing window for the allotment.
3. Pre-Auction and Up-Front Payment: After a period (which may be years later), the FCC will announce vacant auction-eligible allotments. You’ll have an opportunity to file a short form and submit an up-front payment based on the Commission’s minimum price, depending on station class and population served. If other entities are interested and make payments for the same allotment, it goes to auction. If not, you are awarded the allotment, and your up-front payment is refunded upon request. Being the petitioner doesn’t grant preference in competitive bidding.
4. Participate in the Auction: If the channel goes to auction, you must actively participate. Bidding occurs in multiple rounds, typically three per day, where applicants can increase their bids. The highest bidder wins. New entrants may be eligible for bidding credits if they have limited or no other commercial broadcast holdings.
5. Pay the Difference: If you win the auction and the amount exceeds your up-front payment, you must wire transfer the additional funds. Once this is settled, you can file a long-form application and eventually receive a 3-year construction permit. If you weren’t the highest bidder, request a refund of your up-front payment.

Remember that operating a commercial broadcast station entails various responsibilities, including fees for change applications and annual regulatory fees based on station class and market size, ranging from $1,075 to $17,175.

To file a request for a new commercial FM broadcast station at the FCC, you’ll need to follow these steps:

1. Determine Eligibility: Ensure that you meet the eligibility requirements for applying for a commercial FM broadcast station. Typically, this involves being a U.S. citizen or entity and not having any disqualifications, such as a felony conviction.
2. Identify Available Frequencies: Check the FCC’s FM Query website to identify available FM frequencies in your desired area. This will help you determine if there are open channels for new stations.
3. Prepare Necessary Documentation: You’ll need to prepare various documents, including a detailed application form (Form 301 for commercial FM stations), ownership information, technical information, and more. Consult the FCC’s website for specific forms and guidance.
4. Legal and Engineering Counsel: It’s highly recommended to engage legal and engineering counsel experienced in FCC applications. They can assist in ensuring your application is complete and compliant with FCC rules.
5. Application Fee: Be prepared to pay the required application fee. The exact amount can vary and should be confirmed with the FCC.
6. File the Application: Submit your application electronically through the FCC’s Licensing and Management System (LMS). You will need to create an FCC Registration Number (FRN) and obtain an LMS account.
7. Application Review: The FCC will review your application for completeness and compliance with their rules and regulations. This process can take some time, and the FCC may request additional information or clarification.
8. Public Notice: Your application will typically be subject to a public notice period where interested parties can comment on your proposal. This allows the public and other broadcasters to raise concerns or objections.
9. Decision and Grant: If your application is approved, you will receive a construction permit. This permit authorizes you to build and operate the new station within certain parameters outlined in the permit.
10. Construction and Testing: You’ll need to construct your station within the specified timeframe and ensure it meets the technical requirements outlined in the construction permit. Once complete, you’ll undergo testing.
11. License to Cover: After successful testing, you can apply for a “License to Cover,” which grants you the full authority to operate your FM station.
12. Station Operation: Once you receive your license, you can begin broadcasting and serving your audience.

Please note that the process for obtaining a commercial FM broadcast station can be complex, and it’s advisable to consult with legal and engineering experts who specialize in FCC applications to ensure a smooth and successful application process. The FCC website provides detailed information and forms to assist you in the application process.

In RM-11749, a “foothill station” refers to an LPFM (Low Power FM) station that has a very large service contour lobe in one or more directions. These stations have signal patterns that extend far beyond their primary coverage area, often into surrounding valleys or lower-lying areas. This extensive coverage can potentially create interference issues with other nearby stations, including full-power FM broadcasters and other LPFM stations.

It is proposing additional restrictions on foothill stations to address the potential interference problems caused by their extended signal patterns. By imposing restrictions on these stations, The goal is to ensure that LPFM stations can coexist with other broadcasters without causing undue interference, thereby maintaining the overall integrity of the FM broadcasting spectrum. These restrictions help strike a balance between LPFM stations’ desire to expand their service and the need to protect the quality of service for existing stations.

In the LP-250 proposal RM-11749, “automatic upgrade authority” refers to a provision that would allow existing LPFM (Low-Power FM) radio stations to automatically upgrade their broadcasting power from the current limit of 100 watts to 250 watts without having to go through a traditional application process. This proposal is designed to simplify the process for LPFM stations to increase their transmitting power, thereby potentially expanding their coverage area and reach.

Here are the key points related to “automatic upgrade authority” in RM-11749:

1. Eligibility: Existing LPFM stations that meet certain eligibility criteria, such as technical compliance and interference considerations, would be eligible for this automatic upgrade.
2. Spectrum Availability: The proposal ensures that the upgrade does not cause interference to other stations or services in the same frequency band. It takes into account the availability of spectrum in the station’s area to accommodate the increased power.
3. Streamlined Process: Instead of going through a lengthy application and approval process, eligible LPFM stations would be able to request the power upgrade through a simplified procedure.
4. Efficiency: The automatic upgrade authority aims to make the process more efficient for existing LPFM stations to access increased transmitting power, potentially improving their signal coverage and service to the community.
5. Interference Mitigation: Ensuring that upgraded LPFM stations do not interfere with other radio services or stations remains a crucial consideration in this proposal.

The intent behind the automatic upgrade authority is to facilitate the expansion of LPFM stations’ broadcasting capabilities, which can benefit local communities by providing broader access to diverse and community-oriented programming. This proposal is part of ongoing efforts to enhance the LPFM service and make it more accessible to community broadcasters.

The proposal suggests the implementation of an option, known as “automatic upgrade authority” (AUA), to streamline the FCC’s process for LPFM station upgrades. Under this proposal, eligible LPFM stations, except for certain exclusions, would be granted authority by Public Notice to make specific changes to their stations without the need to file a Form 318. These changes should not involve altering the station’s location, channel, or antenna height. Stations making such changes during the AUA period would later submit Form 319 to formalize these modifications.

However, some station types would still be required to file a Form 318 for upgrades and would not be eligible for automatic upgrade authority. These exclusions include:

1. Stations located within 320 kilometers of Canada or Mexico (due to international coordination issues).
2. Stations in Puerto Rico and the Virgin Islands (also due to international coordination issues).
3. Stations operating in the reserved band 88.1~91.9 MHz (due to congestion and potential TV channel 6 interference; there are only 60 LPFM stations below 92 MHz).
4. Stations that are or would be short-spaced on co-channel, first-adjacent, or second-adjacent channels, even if the station already has a waiver.
5. Stations that are or would be short-spaced to a radio reading service on a third-adjacent channel.
6. “Foothill” stations, have a large service contour lobe in one or more directions.

This proposal aims to simplify the upgrade process for eligible LPFM stations while ensuring that certain situations that require more careful consideration are still subject to formal application procedures.

A contour in broadcasting refers to the geographical area where a radio or TV station’s signal can be received at a specific signal strength level. Contours are used to predict the coverage area of a broadcast station as well as areas where the station could potentially cause interference to other stations.

The terms “50,50” and “50,10” refer to specific contour measurements used in the broadcasting industry:

1. 50,50 Contour (F(50, 50)): This represents the coverage area where a station’s signal can be received with a field strength that meets or exceeds a specified level in 50% of the locations, 50% of the time. In simpler terms, it’s the primary service area of a station where the signal is expected to be strong and reliable.
2. 50,10 Contour (F(50, 10)): This contour is used to determine interference potential. It represents the area where a station’s signal can be received with a field strength that meets or exceeds a specified level in 50% of the locations but only 10% of the time. This contour helps assess the potential for interference between stations, especially in areas where signals from multiple stations may overlap.

These contours are calculated based on various factors, including the station’s power, antenna height, and terrain. They are crucial for frequency allocation, station placement, and interference protection in the broadcasting industry.

Contours in broadcasting refer to a standardized method for predicting a station’s coverage area and identifying areas where it might cause interference to other stations. These predictions are based on whether a signal can be received at a specified field strength by 50% of the receivers, 50% of the time. This concept is known as the F(50, 50) curve and is primarily used for determining the coverage of FM radio and analog television stations. Another similar concept is the F(50, 10) curve, which considers reception by 50% of receivers but only 10% of the time, and it’s used to assess interference. For digital television, there’s the F(50, 90) curve, which accounts for more stringent signal strength requirements.

These curves are represented on charts. In the past, engineers had to determine the curve’s value at specific X and Y coordinates on the chart. These coordinates were based on factors such as the station’s height above average terrain and the field strength at 1 kW effective radiated power (ERP). The curves take into account the distance from the transmitter location to predict coverage.

The F(50, 50) chart is an example of this concept and is used to estimate the coverage area for broadcasting.

Contours in broadcasting are essential tools used to predict the coverage area of a broadcast station and to identify potential areas of interference to other stations. These calculations are based on specific field strength criteria that indicate whether a signal can be received at a certain level by 50% of the receivers, 50% of the time. Two common contour calculations are the F(50, 50) and F(50, 10) curves, each serving a different purpose.

1. F(50, 50) Curve: This curve is used to determine the general coverage area of a broadcast station. It signifies that the signal should reach 50% of the receivers within its service area, 50% of the time. It’s typically used for assessing the coverage of FM radio and analog television stations.
2. F(50, 10) Curve: This curve is used to evaluate interference potential. It requires that the signal reach 50% of the receivers within its service area but only 10% of the time. It helps assess the likelihood of interference between stations.

The calculations for these contours are typically plotted on charts. Historically, engineers had to manually determine values at specific coordinates on these charts, which were based on factors like antenna height above average terrain and field strength at 1 kW ERP. These curves consider the distance from the transmitter location and provide insights into the station’s coverage and interference potential.

For regulatory purposes in the United States, the FCC has specific rules regarding contour overlap, especially in scenarios involving different station classes and frequencies:

• For reserved band (88.1~91.9) FM stations and commercial band FM stations seeking short-spacing, there are rules to prevent overlap between interfering and protected contours.
• FM translators have specific rules governing contour overlap, allowing the proposed station’s service contour to be within the interfering contour of the incumbent station.
• Full-service FM stations have distance separation minimums based on maximum facilities and terrain conditions to ensure protection in both directions.
• LPFM stations use distance separation minimums to prevent interference with incumbent stations, with an additional 20-kilometer buffer zone for full-service stations.

These contours are crucial for allocation purposes and may not always represent the actual coverage experienced by listeners. Antennas located under 30 meters HAAT are considered 30 meters HAAT for allocation purposes, which can affect stations’ actual signal reach. It’s important to keep in mind that contours serve as a regulatory and planning tool and may not always reflect real-world conditions accurately.

When you come across an application labeled as “superseded” on fccdata.org or the FCC’s official website, it indicates that a newer application or action has replaced the previous one. In the context of FCC applications, “superseded” means that the original application is no longer active or relevant because it has been overtaken or replaced by a more recent filing or decision.

This typically happens when an applicant submits a modification or amendment to their original application, rendering the initial application obsolete. The newer application may contain updated information, changes in technical specifications, or other revisions that make it the current and applicable document.

If you encounter a “superseded” application, it’s important to review the more recent filings or actions to understand the current status and details of the application or license in question.

The FCC periodically designates specific time frames known as “windows” during which they accept applications for new LPFM (Low Power FM) stations. Historically, these windows have allowed organizations to apply for LPFM licenses. Here’s an overview of the LPFM window process and related developments:

1. Historical LPFM Windows:
   • The FCC has conducted several LPFM application windows in the past, including ones in 2000 and 2001, which were state-based, and a nationwide window in 2013.
   • The lengthy gap between 2001 and 2013 was due to various factors, including a significant number of applications for FM translators in 2003 and the need to implement rule changes following the Local Community Radio Act of 2010 (LCRA), signed by President Obama in January 2011.
2. Current LPFM-Related Petitions for Rulemaking:
   • There are currently three LPFM-related petitions for rulemaking:
     • RM-11749: A proposal that aims to provide existing LPFM stations the opportunity to upgrade from 100 watts at 30 meters HAAT to 250 watts at 30 meters HAAT (LP-250).
     • RM-11753: A more controversial proposal that suggests allowing commercial interests to operate LPFM stations and redefining how LPFM stations protect other stations.
     • RM-11810: Another REC-sponsored petition that revises the proposal in RM-11749 and offers more technical flexibility for LPFM stations by allowing them to be engineered to some extent, similar to FM translators.
   • If the FCC considers these petitions for rulemaking, it would involve a notice of proposed rulemaking (NPRM) process, which typically takes about a year to complete.
3. Challenges and Delays:
   • The progress toward another LPFM application window may face challenges and potential delays, particularly due to the controversial nature of some proposals and the involvement of various interest groups.
   • Other FCC priorities, such as the AM Revitalization effort and the repacking of television channels for wireless broadband services, have also diverted resources from the LPFM process.
4. What Organizations Can Do:
   • While the timeline for the next LPFM window remains uncertain, organizations interested in applying for LPFM stations can take several steps to prepare:
     • Ensure they meet the eligibility criteria, including non-profit status and compliance with FCC rules.
     • Establish a board of directors and headquarters within the required proximity to the transmitter site.
     • Plan to provide local programming and staff a main studio as required.
     • Consider establishing a non-profit organization at the state level and maintain active corporate status.
     • Explore streaming an internet station to gain experience and build an audience.
     • Be prepared for potential costs, including equipment, antenna, and tower-related expenses.
5. Stay Informed and Advocate:
   • Stay informed about FCC developments related to LPFM by periodically checking for updates.
   • Consider contacting elected representatives at the federal level, such as Senators and Congress members, to advocate for another LPFM window.

The availability of LPFM channels can vary by location, and urban areas may face challenges due to previous filings by FM translators. Organizations should be prepared for potential challenges and costs associated with starting an LPFM station.

Please note that the timeline for future LPFM windows is uncertain, and organizations should monitor FCC announcements for any updates regarding the application process.

Starting a new LPFM (Low Power FM) station involves several steps and compliance with FCC regulations. Here’s a general overview of the process:

1. Determine Eligibility:
   • Ensure you meet the eligibility criteria set by the FCC, including being a non-profit entity, educational institution, or governmental organization.
   • Confirm that there is an available frequency in your desired location by checking the FCC’s LPFM Channel Finder tool.
2. Form a Non-Profit Organization:
   • If your group doesn’t already exist, establish a non-profit organization to oversee the station’s operations. Ensure it has a clear mission and structure.
3. Secure Funding:
   • LPFM stations require funding for equipment, studio space, and operating expenses. Explore grants, donations, and fundraising opportunities.
4. Select a Location:
   • Identify a suitable location for your station’s studio and transmitter. Ensure it complies with FCC regulations, especially concerning tower location and height.
5. Prepare an Engineering Proposal:
   • Engage a consulting engineer to create an engineering proposal. This should include technical details about your station, including antenna height and transmitter power.
6. Prepare the Necessary Documentation:
   • Gather required documentation, including:
     • Proof of eligibility (non-profit status).
     • A complete LPFM application form (Form 318).
     • Engineering studies and diagrams.
     • Site lease agreements.
     • Financial statements.
7. Submit the Application:
   • File your LPFM application during an open filing window announced by the FCC. Be sure to meet all deadlines.
8. Await Construction Permit Approval:
   • After submitting your application, you’ll need to wait for approval from the FCC. This can take several months or longer.
9. Build and Test the Station:
   • Once you receive a construction permit, you can begin building and testing your station’s equipment and facilities.
10. Finalize Licensing and Start Broadcasting:
    • After successfully testing your station, submit the necessary documentation to the FCC to finalize your licensing. Once approved, you can start broadcasting.
11. Operate and Maintain the Station:
    • Ensure that you operate your LPFM station in compliance with FCC regulations and your station’s mission.
    • Keep detailed records, including a station log, as required by the FCC.
12. Community Engagement:
    • Actively engage with your local community and provide content that serves their needs and interests.
13. Compliance and Renewal:
    • Stay up-to-date with FCC rules and regulations to maintain your station’s compliance.
    • Renew your station’s license as required.

It’s essential to consult with legal and engineering professionals who have experience with LPFM stations throughout the application and construction process. The FCC’s LPFM rules can be complex, and expert guidance can help ensure a successful launch and ongoing operation of your LPFM station.

Dealing with Pirate Stations on Your LPFM Channel: A Step-by-Step Guide

Obtaining a construction permit for your Low Power FM (LPFM) station is a significant achievement, but it can be disheartening to discover a pirate station operating on the same channel. Pirate stations, unauthorized broadcasters that interfere with legitimate radio services, can pose challenges for LPFM operators. Here’s a step-by-step guide on what to do if you find yourself in this situation.

Step 1: Confirm the Interference

Before taking any action, it’s crucial to confirm that there is indeed a pirate station operating on your assigned LPFM channel. This can be done by monitoring the frequency and verifying that the interference is consistent and ongoing.

Step 2: Gather Evidence

Document the interference with as much detail as possible. Record audio samples, take note of the times and dates of interference, and, if possible, log the pirate station’s broadcasting location. This evidence will be valuable when reporting the interference to the relevant authorities.

Step 3: Contact the Pirate Station

In some cases, the pirate station may not be aware that they are causing interference to a licensed LPFM station. Attempt to reach out to them and inform them about the interference issue. Be polite and provide them with your station’s information, including your call sign and construction permit details.

Step 4: Report to the FCC

If contacting the pirate station does not lead to a resolution, it’s time to escalate the issue. Report the interference to the Federal Communications Commission (FCC), the regulatory authority overseeing radio broadcasting in the United States. Provide the FCC with all the evidence you have gathered, including audio recordings and interference logs.

Step 5: Engage Local Law Enforcement

In some cases, local law enforcement agencies may be willing to assist in addressing pirate radio interference. Contact your local police department or sheriff’s office and inform them of the situation. They may be able to investigate and take appropriate action.

Step 6: Seek Legal Counsel

If the interference persists and the FCC’s involvement does not lead to a resolution, it may be necessary to seek legal counsel. An attorney with experience in broadcast law can provide guidance on potential legal remedies and strategies for addressing the interference.

Step 7: Document Costs and Damages

If the interference results in financial losses or damages to your station, document these carefully. This documentation may be useful if you decide to pursue legal action against the pirate station for restitution.

Step 8: Consider Technical Solutions

While addressing the interference through legal and regulatory channels, explore technical solutions to mitigate the impact of the pirate station’s broadcasts. Consult with a qualified broadcast engineer to determine if there are technical adjustments that can reduce the interference.

Step 9: Monitor and Persist

Dealing with pirate radio interference can be a lengthy process. Continue to monitor the situation, report any changes to the FCC, and persist in seeking a resolution. Over time, regulatory actions and legal remedies may help mitigate the interference.

Step 10: Be Patient and Persistent

Resolving interference from a pirate station can be frustrating and time-consuming. Patience and persistence are key. Keep your audience informed about the situation, and reassure them that you are working diligently to address the interference and provide them with uninterrupted service.

Remember that your LPFM station has the legal right to operate on its assigned channel, and the FCC is committed to enforcing these rights. By following these steps and working with the appropriate authorities, you can take action against pirate radio interference and protect your station’s broadcasting rights.

Encountering a pirate station on your assigned LPFM channel can be concerning, but there are steps you can take to address this issue:

1. Document the Interference: Make a record of the times when the pirate station is operating on your assigned channel. Note any specific identifying information about the pirate station, such as how it identifies itself, its contact information (if available), and the location where it operates.
2. Contact the FCC: File a formal complaint with the Federal Communications Commission (FCC) regarding the unauthorized operation. Complainants should submit a written complaint to the FCC’s Spectrum Enforcement Division, providing as much detail as possible about the situation. Include the name of the operator (if known), the station’s contact information, time of operation, location, operating frequency, and details about any interference caused.Send your complaint to:
   Federal Communications Commission
   Enforcement Bureau
   Spectrum Enforcement Division
   45 L Street NE
   Washington DC 20554
3. Be Patient: Understand that enforcement actions against unauthorized operators can take time. The FCC may need to coordinate with other agencies like the Department of Justice, and the timing of these actions is not always within the FCC’s immediate control.
4. Maintain Records: Continue to document any instances of interference caused by the pirate station. Keeping detailed records will be helpful in case further action is required.
5. Do Not Discuss Enforcement: Once you’ve filed a complaint with the FCC, be aware that the FCC typically does not provide updates on the status of enforcement actions. They may not engage in discussions about the progress of the case with the impacted broadcaster who filed the complaint.

Remember that addressing pirate stations is the responsibility of the FCC’s Spectrum Enforcement Division, and they will investigate and take appropriate actions to resolve the issue. While it may take time, filing a complaint is an essential step in ensuring the integrity of your LPFM station’s operations and frequencies.

To obtain a translator for an LPFM (Low Power FM) station, you can follow these steps:

1. Determine Need: First, assess the need for a translator for your LPFM station. Determine if there is a specific area or community that could benefit from improved signal coverage. A translator is typically used to rebroadcast the signal of an existing station to extend its reach to areas with poor reception.
2. Research Available Frequencies: Check the available frequencies in your area for potential translator use. You’ll need to find a frequency that is not already allocated or in use by other stations. The FCC provides tools and databases to help you identify available frequencies.
3. Identify Potential Translator Sites: Look for suitable locations to place your translator. These sites should provide good coverage of the target area and comply with FCC regulations regarding translator placement. Ensure that the proposed site meets zoning and licensing requirements.
4. Prepare Application: Complete the necessary application forms for a translator license. The specific forms may vary depending on the type of translator you’re applying for and the FCC rules in effect at the time of your application. Typically, you’ll use FCC Form 349 for FM translators.
5. Technical Proposal: Include a technical proposal that outlines the details of your translator, including the frequency, transmitter power, antenna height, and coordinates of the translator site. Ensure that your proposal adheres to FCC regulations regarding translator specifications.
6. Financial Documentation: Provide financial documentation that demonstrates your ability to fund the translator project. This may include budget estimates, financial statements, and funding sources.
7. Environmental Assessment: Depending on the location of your translator site, you might need to conduct an environmental assessment or provide documentation that proves the project’s environmental compliance.
8. File the Application: Submit your completed application, technical proposal, financial documentation, and any other required materials to the FCC. Be prepared to pay the necessary application fees.
9. Await FCC Approval: The FCC will review your application and may request additional information or clarification if needed. Once your application is approved, you will receive a construction permit for the translator.
10. Construction and Testing: After receiving the construction permit, you can proceed with building and testing the translator. Ensure that it meets the technical specifications outlined in your application.
11. License to Cover: Once construction is complete, you must file a “License to Cover” application with the FCC. This application verifies that the translator is operating as proposed in your initial application.
12. Operation: After receiving the FCC’s approval of the License to Cover, you can begin operating your translator and extending the coverage of your LPFM station.

Remember that the process of obtaining a translator for an LPFM station can be complex and time-consuming. It’s advisable to consult with an attorney or a consulting engineer experienced in FCC regulations to help navigate the process and ensure compliance with all requirements.

If you wish to acquire an FM translator for an LPFM station, the following steps and considerations apply:

1. Find a Willing Seller: Seek out someone who holds a license or construction permit for a translator and is willing to sell it to your organization. Note that FM translators are in high demand, often used to rebroadcast HD-2 channels of commercial stations, which can drive up prices considerably.
2. Proximity: The translator you acquire must be physically close to your LPFM station. Unlike AM radio, there is no 250-mile relocation rule for FM translators.
3. Contour Overlap: 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. Channel Assignment: 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). A change to a non-adjacent channel requires an application by a full-power station causing interference.
5. Over-the-Air Reception: The translator must receive the LPFM station’s signal over the air, not via the internet, satellite, or microwave. If the translator is not commonly owned by the LPFM organization, it can receive the signal from another translator carrying the same station.
6. Ownership Rules: If the translator is owned by the same organization as the LPFM station, specific additional rules apply, including limitations on the number of translators (2 max), carrying the main analog programming of the LPFM, and location within certain distances from the LPFM station.
7. Cross-Ownership Rules: Individuals who own translators cannot be board members or officers of the LPFM organization, and vice versa, to avoid violating cross-ownership rules.
8. Interference Rules: Interference rules for LPFM differ from those for translators. LPFM is based on distance separation, while translators can face interference issues if even one listener falls outside the full-power station’s protected contour but within the translator’s protected contour.
9. ERP Limitations: Unlike “fill-in” translators for AM and full-power FM stations, FM translators for LPFM stations have power limitations calculated based on height above average terrain (HAAT) and location.

Remember that Nexus Broadcast does not act as a broker for translator sales but can assist with the paperwork required for the assignment of the translator and relocation if needed. Acquiring an FM translator for an LPFM station can be a complex process, so it’s advisable to consult with experts well-versed in FCC regulations and LPFM operations to navigate these requirements effectively.

The availability of license-free low-power FM (LPFM) services, such as the 1-watt service you mentioned in New Zealand, is determined by the regulatory policies and priorities of each country’s telecommunications regulatory authority. In the case of the United States and New Zealand, there are different considerations that influence the approach to LPFM licensing.

Regulatory Differences:

1. Regulatory Authority and Policies:
   • In the United States, the Federal Communications Commission (FCC) is responsible for regulating and licensing radio communication, including LPFM stations. The FCC’s regulations and policies are shaped by factors such as interference protection, spectrum availability, and the coexistence of various types of radio services.
   • In New Zealand, radio spectrum management is overseen by the Ministry of Business, Innovation and Employment (MBIE). The regulatory approach in New Zealand may differ from that of the FCC, based on the country’s specific goals, spectrum availability, and regulatory philosophy.
2. Spectrum Availability:
   • Different countries have varying levels of available radio spectrum. New Zealand’s regulatory authority may have determined that there is sufficient spectrum capacity to allocate dedicated frequencies for a license-free 1-watt LPFM service without causing significant interference to other services.

Interference Protection:

• One of the key considerations in radio frequency regulation is interference protection. Radio signals can interfere with each other, especially if they operate on similar frequencies. Regulatory agencies must strike a balance between allowing new services and protecting existing ones from interference.

Population Density and Geography:

• The population density and geographical layout of a country can also influence its approach to radio licensing. In countries with lower population density or unique geographical characteristics, there might be more flexibility to allocate certain frequencies for license-free services.

Public Interest and Policy Goals:

• Each country’s telecommunications regulatory authority operates within the context of its own public interest and policy goals. These goals can encompass a wide range of considerations, including promoting local content, supporting community engagement, and ensuring fair access to the airwaves.

Political and Economic Factors:

• Political and economic factors can play a role in shaping regulatory decisions. Decisions related to licensing and spectrum allocation can be influenced by government priorities and economic considerations.

In summary, the differences in LPFM licensing approaches between the United States and New Zealand are due to a combination of regulatory policies, spectrum availability, interference protection concerns, population density, and other relevant factors. Each country tailors its regulations to meet its unique needs and priorities within the realm of telecommunications.

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.

To obtain a translator for an LPFM (Low Power FM) station, you can follow these steps:

1. Determine Need: First, assess the need for a translator for your LPFM station. Determine if there is a specific area or community that could benefit from improved signal coverage. A translator is typically used to rebroadcast the signal of an existing station to extend its reach to areas with poor reception.
2. Research Available Frequencies: Check the available frequencies in your area for potential translator use. You’ll need to find a frequency that is not already allocated or in use by other stations. The FCC provides tools and databases to help you identify available frequencies.
3. Identify Potential Translator Sites: Look for suitable locations to place your translator. These sites should provide good coverage of the target area and comply with FCC regulations regarding translator placement. Ensure that the proposed site meets zoning and licensing requirements.
4. Prepare Application: Complete the necessary application forms for a translator license. The specific forms may vary depending on the type of translator you’re applying for and the FCC rules in effect at the time of your application. Typically, you’ll use FCC Form 349 for FM translators.
5. Technical Proposal: Include a technical proposal that outlines the details of your translator, including the frequency, transmitter power, antenna height, and coordinates of the translator site. Ensure that your proposal adheres to FCC regulations regarding translator specifications.
6. Financial Documentation: Provide financial documentation that demonstrates your ability to fund the translator project. This may include budget estimates, financial statements, and funding sources.
7. Environmental Assessment: Depending on the location of your translator site, you might need to conduct an environmental assessment or provide documentation that proves the project’s environmental compliance.
8. File the Application: Submit your completed application, technical proposal, financial documentation, and any other required materials to the FCC. Be prepared to pay the necessary application fees.
9. Await FCC Approval: The FCC will review your application and may request additional information or clarification if needed. Once your application is approved, you will receive a construction permit for the translator.
10. Construction and Testing: After receiving the construction permit, you can proceed with building and testing the translator. Ensure that it meets the technical specifications outlined in your application.
11. License to Cover: Once construction is complete, you must file a “License to Cover” application with the FCC. This application verifies that the translator is operating as proposed in your initial application.
12. Operation: After receiving the FCC’s approval of the License to Cover, you can begin operating your translator and extending the coverage of your LPFM station.

Remember that the process of obtaining a translator for an LPFM station can be complex and time-consuming. It’s advisable to consult with an attorney or a consulting engineer experienced in FCC regulations to help navigate the process and ensure compliance with all requirements.

If you wish to acquire an FM translator for an LPFM station, the following steps and considerations apply:

1. Find a Willing Seller: Seek out someone who holds a license or construction permit for a translator and is willing to sell it to your organization. Note that FM translators are in high demand, often used to rebroadcast HD-2 channels of commercial stations, which can drive up prices considerably.
2. Proximity: The translator you acquire must be physically close to your LPFM station. Unlike AM radio, there is no 250-mile relocation rule for FM translators.
3. Contour Overlap: 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. Channel Assignment: 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). A change to a non-adjacent channel requires an application by a full-power station causing interference.
5. Over-the-Air Reception: The translator must receive the LPFM station’s signal over the air, not via the internet, satellite, or microwave. If the translator is not commonly owned by the LPFM organization, it can receive the signal from another translator carrying the same station.
6. Ownership Rules: If the translator is owned by the same organization as the LPFM station, specific additional rules apply, including limitations on the number of translators (2 max), carrying the main analog programming of the LPFM, and location within certain distances from the LPFM station.
7. Cross-Ownership Rules: Individuals who own translators cannot be board members or officers of the LPFM organization, and vice versa, to avoid violating cross-ownership rules.
8. Interference Rules: Interference rules for LPFM differ from those for translators. LPFM is based on distance separation, while translators can face interference issues if even one listener falls outside the full-power station’s protected contour but within the translator’s protected contour.
9. ERP Limitations: Unlike “fill-in” translators for AM and full-power FM stations, FM translators for LPFM stations have power limitations calculated based on height above average terrain (HAAT) and location.

Remember that Nexus Broadcast does not act as a broker for translator sales but can assist with the paperwork required for the assignment of the translator and relocation if needed. Acquiring an FM translator for an LPFM station can be a complex process, so it’s advisable to consult with experts well-versed in FCC regulations and LPFM operations to navigate these requirements effectively.

LP-10, also known as “Low-Power Channel 10,” was a proposal in the United States to create a new class of low-power television (LPTV) stations on channel 10. These stations were intended to serve very localized areas and typically had limited coverage. The LP-10 proposal aimed to provide additional opportunities for broadcasting in areas where there were few available channels.

However, the LP-10 proposal did not progress as expected, and it faced challenges and opposition. The Federal Communications Commission (FCC) ultimately decided not to adopt the LP-10 proposal. Instead, the FCC focused on other initiatives related to low-power television, including the transition from analog to digital broadcasting and the establishment of the Low-Power FM (LPFM) service.

As a result, LP-10 did not become a widely implemented class of television stations in the United States, and its significance is primarily historical.

LP-10, or Low-Power Channel 10, was a service that received approval from the FCC in 2000 as part of the original LPFM Report and Order. LP-10 stations were proposed to operate at 10 watts of power with an antenna height of 30 meters above average terrain. However, despite its approval, no LP-10 stations were ever granted licenses.

Subsequently, in the 2012 Report and Order that implemented the LCRA (Local Community Radio Act), the FCC decided to remove the LP-10 service from its offerings. This decision effectively marked the end of LP-10 as a potential class of low-power television stations in the United States.

If you have already been granted a second-adjacent channel waiver for a particular station and you now need to make a change on Form 318 for the same channel, typically, you do not need to submit a new waiver request. However, there are some important considerations:

1. Type of Change: The specific change you are making on Form 318 matters. If the change does not significantly alter the parameters that led to the grant of the second-adjacent channel waiver, you may not need to submit a new waiver request.
2. Impact Assessment: Before making any changes, it’s advisable to assess whether the modifications you intend to make will potentially affect the second-adjacent channel station. If the changes do not increase the potential for interference to the second adjacent channel station, you can proceed with the Form 318 modification without a new waiver request.
3. Notification: In some cases, it might be prudent to notify the FCC of the changes you plan to make, especially if they could potentially impact other stations. While this might not require a new waiver request, it ensures transparency and compliance with FCC regulations.
4. Consultation: If you have doubts about whether the changes you intend to make might require a new waiver, consider consulting with a legal expert or FCC consultant who can provide guidance based on your specific situation.

When filing Form 318 for any type of change and you’re dealing with a second-adjacent channel short-spaced situation, it’s essential to acknowledge and address the short spacing. Whether you need to submit a new study and waiver request depends on the nature of the change you intend to make.

Here’s a breakdown of when you should enclose a new showing and waiver request:

1. Technical Parameter Changes: If you plan to make changes to the technical parameters of the station, including alterations in the radiation center height (either higher or lower), adjustments to the tower location (even if it’s on an adjacent tower on the same property) that maintains the same distance (rounded to the nearest kilometer) or farther away but still short-spaced, or request an increase in power based on GLOBE terrain data, you should include a new showing and waiver request.
   • The study should confirm that the new parameters will continue to prevent the interfering contour from the LPFM station, as determined by the undesired/desired (U/D) method (Living Way method) or antenna manufacturer’s specifications, from reaching occupied areas that could create interference for listeners and potential listeners of the short-spaced second-adjacent channel station(s).
2. Moving Closer to the Short-Spaced Station: If your proposed move is to a location that is closer to the short-spaced second-adjacent channel station, you must also include a new waiver request.

For new stations, if your original license to cover has not yet been granted, and Form 318 is being filed to update board members or make changes to the time-share agreement without altering any technical parameters of the station, you still need to address the short spacing. This can be done by either attaching the original study performed during the application process that granted those physical facilities or making a reference to that application.

In summary, if the changes you intend to make on Form 318 for the same channel do not significantly impact the parameters that led to the second-adjacent channel waiver and do not increase the potential for interference, you may not need to submit a new waiver request. However, it’s crucial to carefully assess the potential impact of the changes and consider consulting with experts to ensure compliance with FCC regulations.

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.

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.

It’s important to note that while translators can operate at power levels exceeding 100 watts at 30 meters HAAT, these higher power levels are subject to necessary contour protections based on their specific location and channel assignment.

To summarize, translators may operate at power levels equivalent to:

• 250 watts at 32 meters HAAT in locations east of the Mississippi River and in California south of 40 degrees latitude.
• 250 watts at 107 meters HAAT in locations west of the Mississippi River, except in California south of 40 degrees latitude.

These power levels are governed by FCC regulations and are designed to balance the need for signal coverage while ensuring that the primary LPFM station remains the primary service in its coverage area.

Yes, if two LPFM stations are currently operating under a time-share agreement and another channel becomes available that is properly spaced to either of the stations, one of the stations can request a move to the new channel while claiming that eliminating the time-share arrangement will “reduce interference.” However, the success of such a request will depend on several factors:

1. Technical Feasibility: The new channel must indeed be properly spaced to the station requesting the move, and the technical parameters (such as power, antenna height, and location) should meet the FCC’s requirements for the new channel.
2. Interference Considerations: The FCC will assess whether the proposed move will reduce interference to other existing stations or services. The claim that eliminating the time-share agreement will reduce interference should be supported by technical evidence and analysis.
3. Coordination with Other Stations: If the move impacts other stations or services, the FCC may require coordination with those parties to ensure that the change does not cause undue interference to them.
4. FCC Approval: Ultimately, the FCC will review the request and determine whether it is in the public interest and complies with FCC regulations. They may grant or deny the request based on technical and interference considerations.

It’s important to note that while the claim of reducing interference is a valid reason for requesting a channel change, the FCC will carefully evaluate the technical and regulatory aspects of the request. Stations should provide thorough documentation and technical analysis to support their case. Consulting with an expert in FCC regulations can be beneficial when navigating such requests.

Yes, the FCC has the authority to grant waivers for minimum distance spacing requirements even when a full-power station operates on the same channel or the first adjacent channel. These waivers are typically considered on a case-by-case basis and are subject to specific regulatory conditions and considerations. Stations seeking such waivers should carefully follow FCC procedures and provide sufficient justification for the requested waiver. The FCC evaluates these requests with the goal of ensuring efficient spectrum use while minimizing interference and protecting existing broadcasters’ rights.

The possibility of receiving a waiver for minimum distance spacing requirements can vary depending on the location of the other station, whether it’s in the United States, Canada, or Mexico.

For Domestic Cases (When the Other Station is in the USA):

The Radio Broadcast Preservation Act (RBPA) within the Making Appropriations For The District of Columbia Act of 2001 (Pub L. 106-553), also known as the RBPA, stipulates in Section 632(a)(1)(A) that the FCC must establish rules specifying minimum distance separations for third-adjacent channels, as well as for co-channels and first- and second-adjacent channels. This legislation mandates the use of distance separation, rather than contour overlap, for LPFM stations to safeguard full-power stations.

In 2010, with the enactment of the Local Community Radio Act (LCRA), the RBPA was amended via LCRA Section 2. This amendment directed the FCC to modify its rules governing LPFM station operations, as proposed in MM Docket 99-25, to prescribe protection for co-channels and first- and second-adjacent channels. This change opened the possibility for the FCC to consider waivers for third-adjacent channel separation.

Furthermore, in Section 3 of the LCRA, the legislation solidified the modification by stating, in 3(a), that the FCC must adapt its rules to eliminate third-adjacent channel minimum spacing requirements between LPFM stations and “full-service FM stations, FM translator stations, and FM booster stations.”

However, Section 3(b)(1) of the LCRA specifies that the FCC “shall not amend the rules to reduce the minimum co-channel and first- and second-adjacent channel distance separation requirements on the date of enactment of [the LCRA] between LPFM stations and “full-service FM stations”. Section 3(b)(2) addresses second-adjacent channel waivers.

In summary, the feasibility of obtaining a waiver for minimum distance spacing requirements in domestic cases, particularly regarding third-adjacent channels, is influenced by the regulatory framework established by the RBPA and the LCRA. It’s essential to consider these legal provisions and consult with relevant authorities when seeking waivers in specific situations.

Based on a careful reading of the Local Community Radio Act (LCRA), it appears that the FCC is restricted from granting waivers that reduce the minimum distance spacing for co-channel and first-adjacent channel stations to a distance less than what is specified in §73.807(a).

When dealing with foreign stations, specifically those in Canada and Mexico, it’s important to note that there is case law indicating that the Radio Broadcast Preservation Act (RBPA) and the Local Community Radio Act (LCRA) may not apply to foreign stations. This interpretation is influenced by varying international agreements between the United States and these neighboring countries.

In some instances, there have been precedents where distance requirements to foreign stations were waived based on a demonstration of protection. One notable case involved the use of a directional antenna to address interference concerns.

Given the complexity and unique considerations involved in dealing with foreign stations, particularly regarding distance waivers, it is strongly advisable to seek assistance from Nexus Broadcast. They can provide expert assistance and guidance tailored to your specific situation when navigating these international regulatory aspects.

Yes, the FCC has the authority to grant waivers for minimum distance spacing requirements in the case of a full-power station on the same channel or the first adjacent channel. However, such waivers are typically granted under specific circumstances and require a thorough review of technical and regulatory considerations. The FCC assesses each waiver request on a case-by-case basis to ensure that it serves the public interest and does not cause undue interference to other stations or services.

The ability to waive minimum distance spacing requirements for a full-power station on the same channel or first adjacent channel can vary depending on whether the other station is located in the United States, Canada, or Mexico.

For domestic situations where the other station is within the United States, the Radio Broadcast Preservation Act (RBPA) in Section 632(a)(1)(A) of the Making Appropriations For The District of Columbia Act of 2001 (Pub L. 106-553) requires the FCC to establish rules for minimum distance separations for third-adjacent channels, among others, to protect full-power stations. However, with the passage of the Local Community Radio Act (LCRA) in 2010, the RBPA was amended to allow the FCC to modify its rules to prescribe protection for co-channels and first- and second-adjacent channels. This amendment effectively opened the door for the FCC to waive third-adjacent channel separation. Furthermore, Section 3(a) of the LCRA instructs the FCC to eliminate third-adjacent channel minimum spacing requirements between LPFM stations and “full-service FM stations, FM translator stations, and FM booster stations.”

However, it’s essential to note that Section 3(b)(1) of the LCRA explicitly prevents the FCC from amending the rules to reduce the minimum co-channel and first- and second-adjacent channel distance separation requirements between LPFM stations and “full-service FM stations” as of the date of the LCRA’s enactment. Section 3(b)(2) addresses second-adjacent channel waivers.

Based on the LCRA’s language, it suggests that the FCC cannot waive co-channel and first-adjacent channel requirements to any distance less than what is specified in §73.807(a). Nevertheless, there are certain arguments and interpretations that may be considered when navigating these regulations.

It’s important to consult with legal experts or professionals experienced in FCC regulations for specific cases, as the interpretation and application of these rules can be complex and situation-dependent.

Foreign stations (Canada and Mexico)

The application of the RBPA and LCRA regarding minimum distance spacing requirements can vary when it comes to foreign stations. Different international agreements exist between the United States and its neighboring countries, such as Canada and Mexico, which can influence the interpretation and enforcement of these rules. There have been instances where distance requirements to foreign stations were waived, especially when a strong showing of protection was demonstrated, and unique factors like directional antennas were involved.

Given the complexity and potential variations in these cases, it’s advisable to seek professional assistance, such as Nexus Broadcast, who are experienced in navigating the intricacies of FCC regulations, international agreements, and case law related to LPFM and station spacing requirements in both domestic and international contexts. Their expertise can help ensure compliance with the relevant rules and regulations.

No, as long as the LPFM station complies with the minimum spacing and second-adjacent channel interference requirements outlined in §73.807, it satisfies the basic regulatory prerequisites.

Regarding Broadcast Actions #48418, Public Notice issued on February 3, 2015, concerning the application of Calvary of Birmingham, WVXV-LP, BNPL-20131112ALD:

On January 29, 2015, we hereby deny the Petition to Deny, which was submitted on January 21, 2015, by Kimtron, Inc. No letter of denial has been issued. The petitioner has failed to demonstrate that the approval of this application would violate any rules or policies set forth by the Commission.

The LPFM application in question proposes to operate on a second-adjacent channel to WDJC-FM. The petitioner argues that it deserves protection for its digital operation, in addition to the analog signal of WDJC-FM. However, it’s important to note that safeguarding a station’s digital operation is inherently provided through the protection of its analog signal.

As a result, the LPFM application successfully complies with all relevant spacing and interference requirements as outlined in 47 CFR Section 73.807. Consequently, we have approved the LPFM application.

Enhanced Protections for Full-Power Stations with Hybrid HD Radio (IBOC)

The radio broadcasting landscape has evolved significantly with the advent of digital technologies, notably Hybrid Digital Radio, also known as In-Band On-Channel (IBOC) or HD Radio. Amid these advancements, a common question arises: Do full-power stations running hybrid HD Radio receive additional protections beyond the existing analog safeguards? In this article, we explore the regulatory framework and considerations surrounding this topic.

Understanding Hybrid HD Radio (IBOC)

Hybrid HD Radio (IBOC) is a digital broadcasting technology that allows radio stations to transmit both analog and digital signals simultaneously on the same frequency. This technology provides several benefits, including improved audio quality, additional data services, and multicasting capabilities. However, its implementation raises questions about how full-power stations are protected in the digital age.

Analog vs. Digital Protections

1. Analog Protections: Historically, full-power stations have been subject to a regulatory framework that includes various protections, such as contour overlap protection and distance separation requirements. These measures are designed to prevent interference between stations operating on adjacent or nearby frequencies in the analog spectrum.
2. Digital Protections: With the introduction of digital technologies like HD Radio, the Federal Communications Commission (FCC) has adapted its regulations to address potential interference concerns. For full-power stations implementing hybrid HD Radio, the FCC has established rules to safeguard both analog and digital signals.

Enhanced Protections for IBOC Operations

Full-power stations running hybrid HD Radio (IBOC) are afforded specific protections:

1. Adjacent Channel Protections: To minimize interference, the FCC has established rules that protect adjacent channels. These rules ensure that the digital signals of full-power stations using IBOC do not cause harmful interference to adjacent analog stations.
2. Interference Resolution: In cases where interference disputes arise between full-power stations implementing IBOC, the FCC has mechanisms in place to facilitate interference resolution. This can involve technical evaluations, adjustments to power levels, or other measures to maintain signal quality.
3. Amplification of Hybrid Mode: Full-power stations may choose to implement IBOC in “hybrid” mode, where both analog and digital signals are transmitted at higher power levels. This can enhance the coverage area of the digital signal while maintaining analog service.

In the digital age of broadcasting, full-power stations running hybrid HD Radio (IBOC) benefit from enhanced protections provided by the FCC. These protections are designed to ensure that both analog and digital signals can coexist without causing harmful interference to adjacent or nearby stations. The regulatory framework continues to evolve as technology advances, aiming to strike a balance between fostering innovation and maintaining the integrity of the radio spectrum. As the radio industry continues its digital transformation, these protections play a crucial role in delivering high-quality radio services to audiences across the nation.

When your station receives an “FCC Activity Report” after submitting an application, it’s important to take the following necessary steps in response:

1. Review the Report: Carefully read through the FCC Activity Report to understand its contents and any actions or requirements related to your application. Pay close attention to any deadlines or instructions provided.
2. Check for Corrections: Verify that all the information in the report is accurate and matches the details of your application. If you identify any discrepancies or errors, contact the FCC promptly to address and rectify them.
3. Comply with Instructions: Follow any specific instructions or requests outlined in the report. This may include providing additional documentation, responding to inquiries, or taking certain actions related to your application.
4. Meet Deadlines: If there are deadlines mentioned in the report, ensure that you meet them promptly. Missing deadlines could lead to delays or complications in the processing of your application.
5. Contact FCC Support: If you have questions or need clarification regarding any aspect of the report, don’t hesitate to reach out to the FCC’s support or contact information provided in the report. They can provide guidance and assistance.
6. Maintain Communication: Keep open lines of communication with the FCC throughout the application process. If you encounter any challenges or encounter issues, it’s important to report them promptly to ensure a smooth and timely resolution.
7. Document Everything: Maintain records of all correspondence and interactions related to your application. This includes emails, letters, forms, and any supporting documentation. This documentation can be valuable for reference and compliance purposes.
8. Seek Professional Assistance: If your application involves complex technical or regulatory matters, consider seeking assistance from professionals or experts familiar with FCC regulations to ensure that you navigate the process effectively.

By following these steps and staying organized, you can effectively respond to the FCC Activity Report and help facilitate the processing of your application.

Emails from fcc-note@v-soft.com with the subject line “FCC Activity Report from V-Soft.” It’s crucial to understand that these emails are not from the FCC but are instead sent by a private company, V-Soft Communications.

V-Soft Communications offers broadcast engineering software and provides services related to monitoring FCC database activity. These emails are part of their efforts to promote their “flagging services.”

Here are the key points to remember:

1. Source of Emails: The emails from fcc-note@v-soft.com are not from the FCC but from the private company V-Soft Communications.
2. Purpose: These emails are intended to sell “flagging services” that monitor the FCC database and notify you of actions related to your application.
3. Alternative Services: REC provides a “reactive” version of this service through their fcc.today website, which displays application activity at the FCC shortly after it occurs.
4. Official FCC Emails: Emails from the FCC related to granted construction permits or licenses will come from lm-support@fcc.gov and will have specific subject lines related to authorization documents.
5. No Government Affiliation: V-Soft is not affiliated with the Federal Communications Commission, and their emails are not government communications.
6. Action Required: There is no need to take any action in response to these emails, as they primarily serve as a courtesy and include a sales pitch for V-Soft’s paid services.

Official emails from the FCC will always come from addresses ending with @fcc.gov. It’s important to distinguish between official government communications and emails from private companies like V-Soft Communications.

Certainly, the choice between a one bay and a two bay antenna can impact your broadcasting setup. Here are the key distinctions between the two and factors to consider when deciding which one is more advantageous for your specific needs:

One Bay Antenna:

1. Size: A one bay antenna consists of a single array of antenna elements. It is typically smaller and less complex in design.
2. Radiation Pattern: One bay antennas tend to have a more straightforward radiation pattern. They radiate in a particular direction with a relatively uniform signal distribution.
3. Coverage: One bay antennas are suitable for smaller coverage areas and may have limitations in reaching distant or fringe areas.
4. Advantages: They are often more cost-effective and straightforward to install. One bay antennas are appropriate for situations where a focused coverage area is sufficient.

Two Bay Antenna:

1. Size: A two bay antenna comprises two arrays of antenna elements, which can make it physically larger and more complex.
2. Radiation Pattern: Two bay antennas can offer a more complex radiation pattern, which may include directional or omnidirectional capabilities. This can result in broader coverage options.
3. Coverage: Two bay antennas are generally capable of covering larger areas, including both primary and fringe regions.
4. Advantages: They provide greater versatility in coverage, making them suitable for broadcasting in diverse geographic areas. Two bay antennas may offer improved signal strength and reach.

The choice between a one bay and a two bay antenna depends on your broadcasting requirements. Consider the following factors:

1. Coverage Area: Determine the size of the area you need to cover. If you’re targeting a relatively small and focused region, a one bay antenna may suffice. For larger coverage areas or more complex coverage patterns, a two bay antenna may be preferable.
2. Budget: One bay antennas are often more cost-effective, which can be advantageous if you have budget constraints.
3. Signal Strength: Evaluate the signal strength required for your broadcast. If you need to reach distant or challenging-to-reach areas, a two bay antenna with its potentially enhanced signal propagation might be the better choice.
4. Regulatory Considerations: Ensure that your choice complies with regulatory requirements and licensing conditions.

On occasion, the necessity for a 2-bay antenna arises, particularly when addressing second adjacent channel interference concerns. Within myLPFM, the [Potential Waiver] function can provide a list of antennas suitable for your proposed location.

A single bay antenna typically fulfills the minimum requirements for operating a station, making it the choice for most LPFM installations.

However, a 2-bay antenna offers improved performance by directing the signal more effectively outward. Compared to single bay antennas, two bay antennas provide better signal performance and require less transmitter power. For instance, if you use a single bay antenna with a height above average terrain (HAAT) of 30 meters or less, you might need to transmit at 250 watts from the transmitter to achieve an effective 100 watts at the antenna. With a two bay antenna, you might only need to transmit around 110 watts to achieve the same 100 watts at the antenna.

While you may experience some cost savings in your electric bill with a two bay antenna due to reduced power requirements, it’s essential to consider the initial purchase cost. A two-bay antenna is typically more expensive, costing around $2,000 compared to the less than $1,000 cost of a single bay antenna. Additionally, if you are leasing tower space, you should be prepared for higher rental fees with a two bay antenna because it occupies more space on the tower.

Ultimately, the choice between a single bay and a two bay antenna should align with your specific broadcasting needs, budget, and tower space considerations. Careful evaluation and consultation with experts can help you make an informed decision that best suits your LPFM station’s requirements.

In conclusion, there is no one-size-fits-all answer to whether a one bay or two bay antenna is better. Your decision should align with your specific coverage needs, budget, and regulatory compliance. Consulting with a broadcast engineer or antenna specialist can provide valuable insights into the most suitable option for your broadcasting setup.

You can move an LPFM station more than 11.2 kilometers (approximately 7 miles) away under specific circumstances outlined by the FCC. Here are the scenarios in which such a move is allowed:

1. Contour Overlap: If you plan to relocate the LPFM station to a new location that is more than 11.2 kilometers from its current site, you must conduct a contour study. This study should demonstrate that there is a 60 dBu contour overlap between the LPFM station’s current service contour and the proposed service contour at the new location. If the overlap requirement is met, you can proceed with the relocation.
2. Time-Sharing Agreement: LPFM stations that are currently operating under a time-sharing agreement with another LPFM station may move more than 11.2 kilometers in order to place both stations on the same tower or in proximity to each other.
3. Short Spacing to Third-Adjacent Channel: If your LPFM station is currently “short-spaced” to a third-adjacent channel FM station, you may relocate to a new location that is within 500 meters of the third-adjacent channel station’s transmitter.

It’s important to note that even when moving more than 11.2 kilometers away, you must ensure that the new location complies with all minimum distance separation requirements as specified in §73.807 of the FCC rules. If your current location is short-spaced to a subsequently filed broadcast station and the new location remains short-spaced, the FCC may only approve the move if it results in an increased distance between your station and the other station to alleviate interference concerns.

To move an LPFM station more than 11.2 kilometers away outside of a major change filing window, it is indeed required to provide a contour study demonstrating that the 60 dBu protected contour of the current facility overlaps with the 60 dBu protected contour of the proposed facility, even if this overlap is minimal.

Furthermore, it’s important to note that waivers for such moves are no longer granted. This means that LPFM stations must adhere to the specified contour study requirements and cannot request waivers as a means to bypass these requirements.

Compliance with these regulations is crucial when planning a move of more than 11.2 kilometers for an LPFM station.

In summary, moving an LPFM station more than 11.2 kilometers away from its current location is permissible under specific conditions related to contour overlap, time-sharing agreements, and short spacing to third-adjacent channel stations. However, compliance with FCC rules and regulations is essential throughout the relocation process.

Unless the FCC has explicitly initiated a filing window for “major changes,” the regulations stipulate that LPFM stations can only relocate under the following conditions:

1. The new location is within 11.2 kilometers (7 miles) of the current one.
2. If the new location exceeds 11.2 kilometers, a contour study is required to show a 60 dBu contour overlap between the current and proposed facilities.
3. In cases where an LPFM station currently shares time with another LPFM station, one or more of these stations can relocate beyond 11.2 kilometers if it means moving them to the same tower.
4. If the LPFM station is presently “short-spaced” to a third-adjacent channel FM station, it can relocate to a new location within 500 meters of the third-adjacent channel station’s transmitter.

However, it’s crucial to ensure that the new location adheres to all the minimum distance separations specified in §73.807 of the rules. If the current location is also short-spaced to a subsequently filed broadcast station, and the new location remains short-spaced, you can only move the station if it increases the distance between the other station and the LPFM station.

In cases where the LPFM station holds a second adjacent channel waiver, the new location is also a second-adjacent channel short-spaced, and the spacing is reduced, a new waiver request must be prepared. If the spacing remains the same (rounded to the nearest kilometer) or the station is moved further away, a waiver request might not be necessary, but it’s advisable to file one to demonstrate the absence of interference. The LPFM station remains responsible for addressing any second-adjacent channel interference reported by the affected second-adjacent channel station (see §73.807(e)(2)).

Understanding the Relocation Options for LPFM Stations

Low Power FM (LPFM) stations often consider relocating for various reasons. However, understanding how far you can move an LPFM station involves navigating specific regulations and technical considerations. Here’s a comprehensive guide to help you understand the parameters of LPFM station relocation.

1. FCC Regulations: LPFM stations operate within the guidelines set by the Federal Communications Commission (FCC). According to FCC rules, LPFM stations are generally allowed to change their transmitter site within their licensed “community of service.” The community of service is defined by the station’s primary service contour, typically represented by the 60 dBu contour. This contour defines the area where the station should provide a robust and reliable signal.

2. Licensed Community of Service: Moving an LPFM station too far from its licensed community of service may raise concerns. If the move significantly affects the station’s ability to serve its intended community, it may require FCC approval.

3. License Modification: Relocating an LPFM station outside its licensed community of service typically necessitates filing a modification application with the FCC. This application should include comprehensive details about the proposed new location and the station’s technical parameters at the new site.

4. Interference Considerations: The FCC will assess whether the proposed relocation could interfere with other existing stations, both licensed and unlicensed. If potential interference issues arise, you may need to coordinate with these stations and address interference concerns through engineering solutions.

5. Public Notice: The FCC may require you to provide public notice of your intention to relocate the LPFM station. This allows the affected community to provide input and feedback.

6. Engineering Study: Conducting an engineering study is often necessary to evaluate the impact of the move on signal coverage and interference. This study helps ensure compliance with FCC regulations.

7. FCC Approval: Following the submission of your application, the FCC will review and determine whether to grant approval for the station’s relocation. Be prepared for this process to take some time. Planning well in advance is crucial if you intend to move your LPFM station.

It’s important to consult with an attorney or consulting engineer experienced in broadcast licensing and FCC regulations when considering relocating an LPFM station. They can provide guidance on the specific requirements and procedures to follow for your particular situation. Keep in mind that compliance with FCC rules is crucial to maintain your station’s legal status and avoid potential enforcement actions.

To secure a power increase for an LPFM station, follow these steps:

1. Evaluate Eligibility: Ensure that your LPFM station meets the eligibility criteria for a power increase. Typically, this involves assessing your current antenna height above average terrain (HAAT) and considering the potential benefits of a higher power level.
2. Terrain Database Assessment: Utilize both the FCC’s HAAT tool and the FMPOWER tool to calculate your station’s current HAAT and effective radiated power (ERP). These tools help determine if a power increase is feasible.
3. Terrain Database Choice: Choose the terrain database (either FCC30 or GLOBE) that yields the lower HAAT, potentially allowing for a power increase. The goal is to maximize your station’s coverage without causing interference.
4. Calculate New Parameters: Calculate the power level your LPFM station could achieve if the HAAT were increased or adjusted. This step involves considering the terrain, antenna height, and power trade-offs to optimize coverage.
5. File Form 318: Prepare and submit a Form 318 application to the FCC. This application should include documentation that justifies the need for a power increase based on the revised HAAT calculations. Make sure to provide a clear explanation of the proposed changes.
6. Second-Adjacent Channel Evaluation: If your LPFM station is currently a second-adjacent channel short-spaced to another station, be prepared to demonstrate that the power increase won’t cause interference to nearby stations. You may need to conduct studies or assessments to support this claim.
7. Await FCC Review: The FCC will review your Form 318 application and assess whether the proposed power increase is permissible. This process may take some time, so be patient.
8. Compliance: Ensure that your LPFM station complies with all regulations and technical standards during the power increase process. This includes adhering to any conditions or requirements specified by the FCC.
9. Implementation: Once the FCC approves the power increase, you can implement the necessary changes to your station’s equipment to operate at the new power level.
10. Communication: Keep open lines of communication with the FCC throughout the process, addressing any inquiries or requests for additional information promptly.
11. Monitoring: After the power increase is implemented, continue to monitor your station’s performance and coverage to ensure it aligns with the approved changes.

Remember that the power increase may only result in a slight improvement in coverage, and it may not significantly alter your station’s reach. Careful planning, accurate calculations, and compliance with FCC regulations are essential throughout this process.

LPFM constitutes a single class of service, characterized by a service contour of 5.6 kilometers (approximately 3.5 miles) at a 60 dBu level. This signifies that, on average, the distance from the LPFM station to the edge of its service contour is 5.6 kilometers (3.5 miles). This specification is based on a power output of 100 watts at an antenna height of 30 meters above average terrain (HAAT).

It’s worth noting that not all LPFM stations operate at 100 watts. If a station’s antenna height surpasses 30 meters, the power must be reduced to ensure the service contour remains within the average 5.6-kilometer range. Hence, some LPFM stations might be assigned lower power levels.

In 2015,  a Petition for Rulemaking was filed, RM-11749, which, among other proposals, advocated for an increase in the service contour from 5.6 kilometers to 7.1 kilometers. The latter is equivalent to 250 watts at 30 meters HAAT. However, it’s crucial to clarify that as of now, “LP-250” is not an officially adopted service, and any discussions about a future 250-watt LPFM service are speculative.

Even without a power increase, some LPFM stations might be operating at less power than they are entitled to. This could result from issues with the FCC’s application processing system or the possibility of achieving a slight power increase using a different terrain database.

Notably, there are current issues with the LMS filing system where HAAT calculations are not consistently accurate. To address this, HAAT should be calculated using the FCC’s HAAT tool, ERP should be determined via the FCC’s FMPOWER tool, and an attachment to the application should include a screenshot of the claimed ERP.

For LPFM applications filed before September 25, 2019, the FCC’s system occasionally miscalculates and underestimates station power. Stations can identify this issue if their HAAT has numerous decimal digits or if the ERP is not rounded to the nearest watt. In such cases, stations may not be receiving the power they are entitled to.

Additionally, the FCC employs two different terrain databases for HAAT calculations: the legacy FCC 30-second database and GLOBE data. Stations can choose the database that yields the lower height, which may result in a power increase.

Nexus Broadcast can assist with these power increases, but it’s important to recognize that the increase may be slight and may not significantly affect overall coverage. Stations should also consider other factors affecting coverage, such as antenna height, location selection, or antenna type, as these can impact coverage.

To extend a construction permit (CP), follow these steps:

1. Review the Expiration Date: First, determine the expiration date of your construction permit. This information is crucial as you need to request an extension before it expires.
2. Prepare a Request for Extension: Draft a formal written request for an extension of your construction permit. Your request should include the following details:
   • The station’s call sign.
   • The construction permit’s file number.
   • The reason for the extension request. Be specific and provide a valid justification, such as unforeseen delays, technical issues, or other relevant factors.
   • The new proposed construction completion date. Ensure this date is realistic and achievable.
3. Submit the Request to the FCC: Send your extension request to the Federal Communications Commission (FCC). You can typically submit this request through the FCC’s electronic filing system or by mail, following the specific procedures outlined by the FCC for construction permit extension requests.
4. Include Supporting Documentation: Depending on the reason for your extension request, you may need to provide supporting documentation. For example, if the delay is due to technical issues, include technical reports or assessments explaining the challenges and the steps taken to address them.
5. Pay Any Required Fees: Check if there are any fees associated with your extension request. The FCC may require payment for processing your extension application.
6. Await FCC Response: Once your request is submitted, the FCC will review it. Be patient during this process, as it may take some time for the FCC to process extension requests.
7. Comply with Any Conditions: If the FCC approves your extension request, make sure to adhere to any conditions or requirements set by the FCC regarding the new construction completion date.
8. Construction Progress: Use the extended time wisely to make progress toward completing the construction. Keep records of the work done and any challenges encountered.
9. Construction Completion: Ensure that the construction is completed by the new proposed date as approved by the FCC.
10. On-Air Testing and Licensing: After construction, perform on-air testing to confirm that the station is operating as required. Once everything is in order, apply for the necessary licenses and permits to begin broadcasting.

In late 2019, the FCC introduced significant changes regarding LPFM construction permits. These changes include the issuance of three-year LPFM construction permits, whether for new construction or modifications. Consequently, unlike the previous practice, the FCC will not routinely grant extensions for construction permits.

Tolling of a construction permit is now only available in exceptional cases, such as those involving Acts of God or when there are judicial or administrative reviews in progress.

For applicants who have a Mexican concurrence condition in their construction permit, indicated by a specific statement, the following applies:

If your construction permit contains a condition like this:

“This application is being granted prior to the completion of the international notification process. Therefore, any construction of and operation with the facilities specified herein is at the applicant’s own risk and subject to modification, suspension, or termination without the right to a hearing if objected to by the Instituto Federal de Telecomunicaciones (“IFT”) in Mexico or if found necessary by the Commission or the IFT to conform to the 1992 USA-Mexico FM Broadcasting Agreement. This condition will be removed if formal acceptance of the facilities granted herein is received from the IFT.”

In this case, your construction permit is immediately eligible for tolling for the duration it takes to obtain Mexican concurrence. Once you receive Mexican concurrence, the FCC staff will automatically extend the construction permit by the corresponding time. In simple terms, if you prefer to wait for Mexican concurrence before starting construction, you have the option to do so.

If you find yourself in a tolling situation and require assistance, please don’t hesitate to reach out to  Nexus Broadcast for guidance and support.

Remember that construction permit extensions are typically granted for valid reasons, but it’s essential to provide a well-justified request and to follow the FCC’s procedures precisely. Failure to complete construction within the extended timeframe may result in the forfeiture of the construction permit.

When you come across an application labeled as “superseded” on fccdata.org or the FCC’s official website, it indicates that a newer application or action has replaced the previous one. In the context of FCC applications, “superseded” means that the original application is no longer active or relevant because it has been overtaken or replaced by a more recent filing or decision.

This typically happens when an applicant submits a modification or amendment to their original application, rendering the initial application obsolete. The newer application may contain updated information, changes in technical specifications, or other revisions that make it the current and applicable document.

If you encounter a “superseded” application, it’s important to review the more recent filings or actions to understand the current status and details of the application or license in question.

To obtain a translator for an LPFM (Low Power FM) station, you can follow these steps:

1. Determine Need: First, assess the need for a translator for your LPFM station. Determine if there is a specific area or community that could benefit from improved signal coverage. A translator is typically used to rebroadcast the signal of an existing station to extend its reach to areas with poor reception.
2. Research Available Frequencies: Check the available frequencies in your area for potential translator use. You’ll need to find a frequency that is not already allocated or in use by other stations. The FCC provides tools and databases to help you identify available frequencies.
3. Identify Potential Translator Sites: Look for suitable locations to place your translator. These sites should provide good coverage of the target area and comply with FCC regulations regarding translator placement. Ensure that the proposed site meets zoning and licensing requirements.
4. Prepare Application: Complete the necessary application forms for a translator license. The specific forms may vary depending on the type of translator you’re applying for and the FCC rules in effect at the time of your application. Typically, you’ll use FCC Form 349 for FM translators.
5. Technical Proposal: Include a technical proposal that outlines the details of your translator, including the frequency, transmitter power, antenna height, and coordinates of the translator site. Ensure that your proposal adheres to FCC regulations regarding translator specifications.
6. Financial Documentation: Provide financial documentation that demonstrates your ability to fund the translator project. This may include budget estimates, financial statements, and funding sources.
7. Environmental Assessment: Depending on the location of your translator site, you might need to conduct an environmental assessment or provide documentation that proves the project’s environmental compliance.
8. File the Application: Submit your completed application, technical proposal, financial documentation, and any other required materials to the FCC. Be prepared to pay the necessary application fees.
9. Await FCC Approval: The FCC will review your application and may request additional information or clarification if needed. Once your application is approved, you will receive a construction permit for the translator.
10. Construction and Testing: After receiving the construction permit, you can proceed with building and testing the translator. Ensure that it meets the technical specifications outlined in your application.
11. License to Cover: Once construction is complete, you must file a “License to Cover” application with the FCC. This application verifies that the translator is operating as proposed in your initial application.
12. Operation: After receiving the FCC’s approval of the License to Cover, you can begin operating your translator and extending the coverage of your LPFM station.

Remember that the process of obtaining a translator for an LPFM station can be complex and time-consuming. It’s advisable to consult with an attorney or a consulting engineer experienced in FCC regulations to help navigate the process and ensure compliance with all requirements.

If you wish to acquire an FM translator for an LPFM station, the following steps and considerations apply:

1. Find a Willing Seller: Seek out someone who holds a license or construction permit for a translator and is willing to sell it to your organization. Note that FM translators are in high demand, often used to rebroadcast HD-2 channels of commercial stations, which can drive up prices considerably.
2. Proximity: The translator you acquire must be physically close to your LPFM station. Unlike AM radio, there is no 250-mile relocation rule for FM translators.
3. Contour Overlap: 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. Channel Assignment: 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). A change to a non-adjacent channel requires an application by a full-power station causing interference.
5. Over-the-Air Reception: The translator must receive the LPFM station’s signal over the air, not via the internet, satellite, or microwave. If the translator is not commonly owned by the LPFM organization, it can receive the signal from another translator carrying the same station.
6. Ownership Rules: If the translator is owned by the same organization as the LPFM station, specific additional rules apply, including limitations on the number of translators (2 max), carrying the main analog programming of the LPFM, and location within certain distances from the LPFM station.
7. Cross-Ownership Rules: Individuals who own translators cannot be board members or officers of the LPFM organization, and vice versa, to avoid violating cross-ownership rules.
8. Interference Rules: Interference rules for LPFM differ from those for translators. LPFM is based on distance separation, while translators can face interference issues if even one listener falls outside the full-power station’s protected contour but within the translator’s protected contour.
9. ERP Limitations: Unlike “fill-in” translators for AM and full-power FM stations, FM translators for LPFM stations have power limitations calculated based on height above average terrain (HAAT) and location.

Remember that Nexus Broadcast does not act as a broker for translator sales but can assist with the paperwork required for the assignment of the translator and relocation if needed. Acquiring an FM translator for an LPFM station can be a complex process, so it’s advisable to consult with experts well-versed in FCC regulations and LPFM operations to navigate these requirements effectively.

Yes, LPFM (Low-Power FM) stations are generally required to inform the FCC if they decide to sign off or cease operations for any extended period, including during hours such as 3 AM to 7 AM. This is to ensure compliance with FCC regulations and to maintain accurate records of station operations and potential silent periods.

Additionally, LPFM stations are part of the Emergency Alert System (EAS), and if they plan to sign off or cease operations for a significant period during which they are unable to receive or relay emergency alerts, they should notify the appropriate authorities and coordinate with local emergency management agencies to ensure public safety.

1. Short Broadcasting Interruptions: LPFM stations that are not in a time-share situation (co-located with other stations) are not required to notify the FCC if they experience a short interruption in broadcasting. There is no need for notification when the station goes off the air briefly.
2. Silent Period Notification: FCC notification is required only when the LPFM station plans to go “silent” for an extended period. LPFM stations are typically required to maintain a minimum schedule of 5 hours per day, 6 days per week. Schools licensed for LPFM may have exceptions, such as not being required to broadcast during vacation periods.
3. EAS Obligations During Silent Periods: When an LPFM station is not on the air, it is relieved of its Emergency Alert System (EAS) obligations. However, the station’s EAS decoder must continue to log any received alerts during this time.

It’s important for LPFM station operators to be aware of these requirements to ensure compliance with FCC regulations and maintain proper records of station activities, including EAS alerts, during both broadcasting and silent periods.

It’s crucial for LPFM station operators to follow FCC rules regarding station sign-offs and EAS notifications to avoid regulatory issues and to ensure that the station remains in compliance with emergency alert broadcasting requirements.

Indeed, LPFM stations can do so without any regulatory prohibition. Simultaneously broadcasting on full-service stations is allowed.

In the diverse world of radio broadcasting, questions regarding signal relaying and permissions often arise. One such question pertains to whether a full-service broadcast station can legally relay the signal of a Low Power FM (LPFM) station. In this article, we will explore the regulatory framework governing this scenario in the United States.

Understanding LPFM Stations

Low Power FM (LPFM) stations are a unique facet of the radio broadcasting landscape. These stations are designed to serve local communities with content that is often hyper-local and community-focused. Due to their lower power and coverage footprint, LPFM stations typically have a more limited reach compared to full-service broadcast stations.

The Regulatory Oversight

The Federal Communications Commission (FCC) is the governing body responsible for overseeing radio broadcasting in the United States. It is the FCC that sets the rules and regulations that determine whether a full-service broadcast station can relay the signal of an LPFM station.

Permissible Relays

The FCC generally permits full-service broadcast stations to relay the signal of an LPFM station, provided certain conditions are met. These conditions are in place to ensure that the relaying serves the public interest and does not interfere with the intended purposes of LPFM stations. Here are some key factors to consider:

1. Co-Channel and Adjacent Channel Restrictions: The FCC has specific rules governing the relaying of LPFM signals. Full-service broadcast stations must adhere to these rules, which include restrictions related to co-channel and adjacent channel operations. These restrictions are in place to prevent interference and maintain signal quality.
2. Translator Stations: Often, the relay of LPFM signals is facilitated through translator stations. Translator stations are used to extend the reach of primary stations, including LPFM stations. The FCC has rules that dictate the use of translator stations for this purpose.
3. Local Community Considerations: LPFM stations are designed to cater to the needs and interests of local communities. When a full-service broadcast station relays an LPFM signal, it should be done in a manner that respects the local community’s interests and the original mission of the LPFM station.
4. FCC Application and Compliance: Any full-service broadcast station intending to relay an LPFM signal must follow the FCC’s application process and ensure compliance with all relevant regulations. This includes obtaining the necessary licenses and permissions.

It’s important to clarify that while simulcasting LPFM content on a full-service station is generally allowed, there are restrictions, such as the prohibition of operating, management, or time brokerage agreements under §73.860(e).

These regulations reflect the FCC’s commitment to maintaining a fair and competitive broadcasting environment while still allowing for the dissemination of LPFM content through full-service stations. Broadcasters should remain vigilant in adhering to these rules to ensure compliance with the law and to avoid any potential legal issues.

In conclusion, it is generally permissible for a full-service broadcast station to relay the signal of an LPFM station in the United States, provided that the relay complies with FCC regulations. These regulations are in place to ensure that the interests of local communities are served, and interference is minimized. Before undertaking such a relay, it is advisable for broadcasters to consult with legal and technical experts familiar with FCC rules to ensure full compliance and a smooth relay process.

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.

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.

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.

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)

Contours are a standardized method used in broadcasting to predict a station’s coverage area and identify potential interference zones. They are based on whether a signal can be received at a specific field strength on 50% of receivers, 50% of the time. Two common contour types are:

1. F(50, 50) Curve:
   • The F(50, 50) curve is used to determine the coverage area of FM radio and analog television stations.
   • It calculates the field strength at which the signal can be received by 50% of receivers for 50% of the time.
   • This curve helps broadcasters estimate their service area.
2. F(50, 10) Curve:
   • The F(50, 10) curve is employed to assess potential interference between stations.
   • It determines the field strength at which the signal can be received by 50% of receivers for 10% of the time.
   • This curve aids in identifying areas where one station may interfere with another.

In addition to these curves, digital television uses an F(50, 90) curve, which considers the more stringent signal strength requirements for TV broadcasting.

These curves are presented on charts, with engineers historically needing to determine values at specific X and Y coordinates on the chart. These coordinates are based on factors like height above average terrain, field strength at 1 kW Effective Radiated Power (ERP), and distance from the transmitter. The curves serve as valuable tools for broadcasters and regulators to understand signal coverage and potential interference zones in the broadcast spectrum.

In the modern era of computing, the need for manual charts in broadcasting has diminished, as computer programs now handle the complex calculations involved. The FCC’s contour charts are also adopted in Canada and Mexico, while the International Telecommunications Union established a separate set of charts as a global standard.

The concept of contour overlap employs the F(50, 10) interfering contour of an undesired station and ensures it does not overlap the F(50, 50) protected contour of a desired station. This is achieved using the Desired to Undesired (D/U) ratio, which varies based on the station relationship. For instance:

• Co-channel: D/U ratio of -20
• First-adjacent (+/- 200 kHz): D/U ratio of -4
• Second/Third adjacent (+/- 400 or 600 kHz): D/U ratio of 40

These ratios determine the acceptable overlap between contours for different station classes and relationships. The F(50, 50) contour, also known as the protected or service contour, outlines a station’s coverage area, while the (50, 10) contour represents interference limits.

In the United States:

• For reserved band (88.1~91.9) FM and certain commercial FM stations, the interfering contour of a proposed station must not overlap the protected contour of an incumbent station, and vice versa.
• FM translators can have their service contour inside an incumbent station’s interfering contour, acknowledging potential interference.

Full-service FM and LPFM stations have specific distance separation minimums to avoid overlap between interfering and protected contours. Engineers use computer software to calculate contours, based on factors like Height Above Average Terrain (HAAT). Contour measurements involve HAAT calculations at multiple points along radial lines from the transmitter. However, contours are primarily used for allocation purposes and do not necessarily represent precise signal coverage. Contours may not reflect actual coverage for antennas located under 30 meters HAAT, as these are treated as 30 meters HAAT for allocation purposes. Thus, contours may not always accurately predict usable signal areas.

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.

No, the absence of a specified vertical power in the construction permit does not prohibit the use of vertical or circular polarized antennas by an LPFM station. LPFM stations are generally allowed to use either horizontal or circular polarization. When constructing your LPFM station, you have some flexibility in choosing the antenna polarization that best suits your coverage needs.

LPFM stations are allowed to use vertical or circular polarized antennas according to §73.816(a) of the rules. These antennas can be employed without the need for a horizontal antenna. Circularly polarized antennas, including “penetrator” style antennas, are also permissible for LPFM stations.

The choice between horizontal and circular polarization is typically based on engineering considerations, terrain, and other factors that affect signal propagation. Both types of polarization are permissible for LPFM stations, but the station’s construction must adhere to the parameters outlined in the construction permit, including the specified horizontal power and the coordinates of the transmitting antenna.

If you plan to use circular polarization, it’s essential to ensure that your equipment and antenna system are designed and installed correctly to achieve the desired polarization. Additionally, your station’s operation should remain within the power limits and other technical specifications specified in the construction permit.

To get Studio Transmitter Link (STL) or Remote Pickup (RPU) frequencies assigned and coordinated, you typically need to follow these steps:

1. Contact a Frequency Coordinator: Start by reaching out to a frequency coordinator recognized by the FCC. Frequency coordinators are organizations or individuals who help allocate and manage frequency assignments to prevent interference between stations. You can find a list of recognized frequency coordinators on the FCC’s website.
2. Provide Station Information: Provide the frequency coordinator with detailed information about your LPFM station, including its location, transmitter power, antenna height, and any other relevant technical details.
3. Specify Your Needs: Clearly communicate whether you need an STL (Studio Transmitter Link) for the audio feed from your studio to the transmitter site or an RPU (Remote Pickup) for remote broadcasts from various locations.
4. Frequency Request: Request specific frequency assignments for your STL or RPU. Be prepared to provide alternative frequency options in case your first choice is not available.
5. Coordinate with Other Stations: The frequency coordinator will work to ensure that your requested frequencies do not interfere with other stations in the area. They will coordinate with other broadcasters and may make adjustments to the assignments if necessary.
6. Submit FCC Forms: After coordinating the frequencies, you will need to fill out and submit the appropriate FCC forms to request authorization for your STL or RPU operation. These forms typically include Form 319 (Application for LPFM Construction Permit) and Form 350 (License Application). Make sure to follow the FCC’s guidelines for completing these forms accurately.
7. Pay Required Fees: LPFM stations may be subject to certain application fees, so be prepared to pay these fees when submitting your forms. Check the FCC’s fee schedule for the most up-to-date information.
8. Wait for FCC Approval: Once your application is submitted, you will need to wait for approval from the FCC. This process can take some time, so be patient.
9. Comply with FCC Rules: After receiving FCC authorization, ensure that you comply with all FCC rules and regulations regarding the operation of your STL or RPU equipment.
10. Maintain Contact: Keep in touch with your frequency coordinator and stay informed about any changes or updates related to your frequency assignments.

Remember that the specific requirements and procedures may vary, so it’s crucial to consult with a recognized frequency coordinator and refer to the FCC’s guidelines throughout the process. Additionally, consider seeking legal or technical advice to ensure compliance with all regulatory requirements. You can find a list of frequency coordinators for Studio to Transmitter (STL) links and Remote Pickup (RPU) stations on the website of the Society of Broadcast Engineers (SBE). They maintain a directory of coordinators who can assist you in obtaining the necessary frequencies for your LPFM station’s operations.

If you find yourself in a situation where you’re already on the air with a compliant facility, but you haven’t filed a Form 319, and your construction permit has expired, it’s crucial to take the following steps:

1. Consult the FCC: Reach out to the Federal Communications Commission (FCC) promptly to discuss your situation. Explain the circumstances and seek their guidance on the necessary actions to rectify the expired construction permit.
2. File Form 319: Even though your construction permit has expired, you should still file Form 319 as soon as possible. This form is typically used for minor modifications or corrections to existing facilities. While it may not fully address the expired permit, it’s an essential step to bring your station into compliance.
3. Consider Legal Counsel: Depending on the specifics of your situation, it might be advisable to consult with legal experts who specialize in broadcasting regulations. They can provide guidance on the best course of action to resolve the permit issue.
4. Prepare for Renewal: If your construction permit can’t be reinstated, you should start preparing for a renewal application. Be diligent in meeting all renewal requirements and deadlines to continue broadcasting legally.
5. Maintain Compliance: In the interim, ensure that your facility remains in compliance with FCC rules and regulations. Continue operating as a responsible broadcaster while addressing the permit issue.

Remember that timely communication with the FCC and taking appropriate corrective actions are essential in resolving this situation. Each case can be unique, so seeking expert advice may be beneficial in navigating the regulatory process effectively.

Please note that the following information pertains to original construction permits and not modifications.

Nexus is aware of a legal precedent that might allow you to file a Form 319, provided the following conditions are met:

1. The Form 319 submission occurs within 30 days of the permit’s expiration.
2. Your compliant facility was actively broadcasting on the day the permit expired.

If you believe your situation aligns with these criteria and requires the filing of a Form 319 based on the case law, please contact Nexus.

It’s essential to emphasize that, if you decide to file a Form 319 under this case law, your station must have been broadcasting at the time of permit expiration. Submitting a Form 319 for a station that hasn’t been constructed could be perceived as misrepresentation intended to deceive the FCC, potentially affecting your organization’s eligibility as a Commission licensee. In other words, if a license has been issued, it could be subject to revocation, and your organization may also face forfeiture.

Additionally, any broadcasting conducted after your Construction Permit (CP) has expired might be viewed by the Commission as an unauthorized operation. This could lead to enforcement actions, including forfeitures (fines), admonishments (warnings), or no enforcement action at all.

Furthermore, it’s crucial to be aware that the FCC mandates stations that have completed construction and are operating under Program Test Authority to file Form 319 within 10 days of construction completion. Requesting a license after the 10-day period following the initial operation may raise questions and expose you to potential penalties.

In summary, honesty and transparency with the FCC are paramount, even when addressing regulatory challenges. This underscores the importance of requesting an extension for your construction permit and ensuring timely compliance with FCC rules and requirements.

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.

If you have already been granted a second-adjacent channel waiver for a particular station and you now need to make a change on Form 318 for the same channel, typically, you do not need to submit a new waiver request. However, there are some important considerations:

1. Type of Change: The specific change you are making on Form 318 matters. If the change does not significantly alter the parameters that led to the grant of the second-adjacent channel waiver, you may not need to submit a new waiver request.
2. Impact Assessment: Before making any changes, it’s advisable to assess whether the modifications you intend to make will potentially affect the second-adjacent channel station. If the changes do not increase the potential for interference to the second adjacent channel station, you can proceed with the Form 318 modification without a new waiver request.
3. Notification: In some cases, it might be prudent to notify the FCC of the changes you plan to make, especially if they could potentially impact other stations. While this might not require a new waiver request, it ensures transparency and compliance with FCC regulations.
4. Consultation: If you have doubts about whether the changes you intend to make might require a new waiver, consider consulting with a legal expert or FCC consultant who can provide guidance based on your specific situation.

When filing Form 318 for any type of change and you’re dealing with a second-adjacent channel short-spaced situation, it’s essential to acknowledge and address the short spacing. Whether you need to submit a new study and waiver request depends on the nature of the change you intend to make.

Here’s a breakdown of when you should enclose a new showing and waiver request:

1. Technical Parameter Changes: If you plan to make changes to the technical parameters of the station, including alterations in the radiation center height (either higher or lower), adjustments to the tower location (even if it’s on an adjacent tower on the same property) that maintains the same distance (rounded to the nearest kilometer) or farther away but still short-spaced, or request an increase in power based on GLOBE terrain data, you should include a new showing and waiver request.
   • The study should confirm that the new parameters will continue to prevent the interfering contour from the LPFM station, as determined by the undesired/desired (U/D) method (Living Way method) or antenna manufacturer’s specifications, from reaching occupied areas that could create interference for listeners and potential listeners of the short-spaced second-adjacent channel station(s).
2. Moving Closer to the Short-Spaced Station: If your proposed move is to a location that is closer to the short-spaced second-adjacent channel station, you must also include a new waiver request.

For new stations, if your original license to cover has not yet been granted, and Form 318 is being filed to update board members or make changes to the time-share agreement without altering any technical parameters of the station, you still need to address the short spacing. This can be done by either attaching the original study performed during the application process that granted those physical facilities or making a reference to that application.

In summary, if the changes you intend to make on Form 318 for the same channel do not significantly impact the parameters that led to the second-adjacent channel waiver and do not increase the potential for interference, you may not need to submit a new waiver request. However, it’s crucial to carefully assess the potential impact of the changes and consider consulting with experts to ensure compliance with FCC regulations.

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.

Responding to a “Table of Allotments” Petition That May Affect Your LPFM Station

If you’ve learned about a “Table of Allotments” petition filed with the Federal Communications Commission (FCC) that could potentially impact your Low Power FM (LPFM) station, it’s essential to understand your options and how to respond effectively. Here, we’ll explore what these petitions are, their potential effects on LPFM stations, and steps you can take in response.

Understanding “Table of Allotments” Petitions

The “Table of Allotments” is a document maintained by the FCC that designates specific frequencies and locations for radio stations, including LPFM stations. These designations are essential for preventing interference between stations and ensuring efficient spectrum allocation. When a “Table of Allotments” petition is filed, it typically seeks changes to these allocations, such as modifying frequency assignments or station locations.

Potential Impact on LPFM Stations

A “Table of Allotments” petition can affect LPFM stations in various ways:

1. Frequency Changes: The petition may propose modifying the frequency assigned to your LPFM station. This can necessitate technical adjustments and require reprogramming of station equipment.
2. Location Changes: Petitions might propose relocating LPFM stations to different areas or transmitter sites. This can impact your station’s coverage area and audience reach.
3. Interference Concerns: Changes in frequency or location may lead to potential interference issues with neighboring stations. The FCC’s primary goal is to prevent harmful interference, so petitions are carefully considered to balance the interests of all affected stations.

Steps to Take in Response

When you discover that a “Table of Allotments” petition has been filed that could affect your LPFM station, consider the following steps:

1. Stay Informed: Regularly monitor FCC notices and updates related to the petition. The FCC typically provides public notice of such petitions, allowing interested parties to comment or intervene.
2. Assess Impact: Evaluate how the proposed changes could impact your station, including technical and operational aspects. Determine if the changes are acceptable or if they pose significant challenges.
3. Engage with the FCC: If you have concerns or objections, consider filing comments with the FCC. Your comments should be clear, concise, and well-documented, explaining your station’s position and the potential issues with the petition.
4. Collaborate with Others: Engage with other LPFM stations or organizations facing similar challenges. Collaborative efforts can amplify your collective voice and strengthen your position when addressing the FCC.
5. Seek Legal Advice: Depending on the complexity of the petition and its potential impact on your station, consulting with legal experts or FCC compliance professionals may be advisable to ensure your response aligns with regulations and best practices.
6. Participate in FCC Proceedings: If the petition advances to formal FCC proceedings or hearings, consider participating actively to represent your station’s interests effectively.

Remember that the FCC aims to balance the interests of all affected parties, including LPFM stations, during the review of “Table of Allotments” petitions. Your proactive engagement, well-structured arguments, and collaboration with others can make a significant difference in advocating for the best outcome for your LPFM station. Staying informed and taking timely action is key to protecting your station’s interests in these situations.

Understanding the Impact of “Table of Allotments” Petitions on LPFM Stations

In the intricate world of radio broadcasting, where frequencies are meticulously assigned and stations carefully located to prevent interference, LPFM (Low Power FM) stations often find themselves navigating a complex landscape. LPFM stations, known for their community-focused programming, operate on secondary status frequencies, which means they must yield to full-service commercial and non-commercial stations if spectrum conflicts arise. This secondary status becomes especially apparent when “Table of Allotments” petitions enter the picture.

The FM Table of Allotments

The FM Table of Allotments is essentially a blueprint for FM radio stations, specifying the frequencies and locations assigned to particular communities. This table is maintained by the Federal Communications Commission (FCC) and plays a critical role in ensuring the equitable distribution of radio licenses among communities.

When a “Table of Allotments” petition is filed with the FCC, it signifies an intent to change the allocations within the table. These changes might involve reassigning frequencies or moving stations to different locations. While this may seem like a technical and regulatory matter, the consequences of such changes can significantly affect LPFM stations.

Potential Impact on LPFM Stations

Here’s how a “Table of Allotments” petition can affect LPFM stations:

1. Frequency Changes: The petition may propose modifying the frequency assigned to an LPFM station. This could necessitate technical adjustments and require the station to reprogram its equipment.
2. Location Changes: Petitions might propose relocating LPFM stations to different areas or transmitter sites. This can affect the station’s coverage area and its ability to reach its intended audience.
3. Interference Concerns: Changes in frequency or location may lead to potential interference issues with neighboring stations, particularly full-service FM stations. The FCC’s primary concern is preventing harmful interference, and petitions are reviewed with this in mind.

Response Strategies for LPFM Stations

When an LPFM station becomes aware of a “Table of Allotments” petition that could affect its operations, there are several key strategies to consider:

1. Stay Informed: Keep a close watch on FCC notices and updates related to the petition. The FCC typically provides public notice of such petitions, allowing interested parties, including LPFM stations, to comment or intervene.
2. Assess the Impact: Evaluate how the proposed changes could impact your station, both technically and operationally. Determine whether the changes are acceptable or present significant challenges.
3. Engage with the FCC: If you have concerns or objections, consider filing comments with the FCC. Your comments should be well-documented, explaining your station’s position and any potential issues with the petition.
4. Collaborate with Others: Engage with other LPFM stations or organizations facing similar challenges. Collective efforts can amplify your voice and strengthen your position when addressing the FCC.
5. Seek Legal Advice: Depending on the complexity of the petition and its potential impact on your station, consulting with legal experts or FCC compliance professionals may be advisable to ensure your response aligns with regulations and best practices.
6. Participate Actively: If the petition advances to formal FCC proceedings or hearings, consider participating actively to represent your station’s interests effectively.

While it’s essential to advocate for your station’s interests, it’s important to recognize that LPFM stations operate on a secondary basis. This means they must yield spectrum to full-service stations when necessary, as mandated by FCC regulations.

Navigating the complexities of “Table of Allotments” petitions and their impact on LPFM stations requires vigilance, collaboration, and a clear understanding of regulatory processes. By staying informed and taking timely action, LPFM stations can work to protect their interests and maintain their essential role in serving local communities.

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.

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.

No, it does not mean that circularly polarized antennas like the Penetrator are illegal. LPFM stations are allowed to use circularly polarized antennas, as specified in §73.816(a) of the FCC rules. This regulation permits LPFM stations to use antennas with horizontal-only polarization, vertical-only polarization, circular polarization, or elliptical polarization. Therefore, you can use circularly polarized antennas like the Penetrator without violating the rules.

If your construction permit only specifies an effective radiated power (ERP) on the horizontal plane and does not provide a value for vertical ERP or specify circular polarization, it typically means that the FCC has authorized you to use a horizontally polarized antenna.

The use of circularly polarized antennas, such as the Penetrator antenna, may be subject to specific authorization or additional requirements. To use a circularly polarized antenna or any other type of antenna not specified in your construction permit, you should seek guidance from the FCC or a broadcast engineer experienced in FCC regulations. They can provide information on the necessary steps, if applicable, to obtain the appropriate authorization for your chosen antenna type.

It’s important to ensure that your station’s equipment and operations comply with FCC regulations to avoid any potential issues or violations. Consulting with experts in the field can help you navigate these requirements effectively.

Yes, vandalizing an LPFM or any non-commercial or commercial radio station is considered a federal offense. Damaging or vandalizing any radio station, regardless of its commercial or non-commercial status, is a crime. Federal law protects radio stations from interference, damage, or unauthorized access.

Vandalism of a radio station’s equipment, transmission facilities, or property is illegal under various federal laws, including the Communications Act of 1934. Violators can face criminal charges, fines, and imprisonment. Additionally, damaging or interfering with a radio station’s operations can disrupt critical public communication services.

If you witness or are aware of any vandalism or illegal activity involving a radio station, it should be reported to local law enforcement authorities and the Federal Communications Commission (FCC) for investigation and potential legal action.

LPFM stations are not obligated to appoint a chief operator as per FCC regulations. Specifically, §73.801 of the rules, which outlines the requirement for a designated chief operator, does not apply to LPFM stations. This rule, §73.1870, primarily pertains to full-power AM, FM, and TV stations, and it specifies the necessity for these stations to have a designated chief operator. However, LPFM stations are exempt from this requirement.

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).

No, during a government shutdown or any other time, radio stations must adhere to the FCC’s regulations and operating standards. The FCC’s rules and regulations regarding obscenity, indecency, and technical specifications apply at all times, regardless of the agency’s operational status.

Using obscenity on the air or operating outside of the permitted technical parameters can result in serious legal and regulatory consequences for the station, even if the FCC is temporarily closed due to a government shutdown.

Government shutdowns do not exempt radio stations from adhering to existing laws and regulations, including those related to obscenity and technical tolerances set by the FCC. It’s important to understand that FCC regulations are still in effect during a government shutdown, and violations of these regulations can lead to legal and regulatory consequences.

During a government shutdown, while FCC operations may be limited or delayed, they are not suspended entirely. Complaints from listeners or other stations can still trigger FCC investigations, and the FCC can take action against stations found in violation of its rules once the government reopens.

Therefore, radio stations must continue to operate within the bounds of FCC regulations and industry standards regardless of the FCC’s operational status during a government shutdown. Violating these rules can have serious repercussions, so it’s in a station’s best interest to remain compliant at all times.

Changing channels, even briefly, for the purpose of testing to resolve interference issues, requires compliance with FCC regulations and careful consideration of potential impacts on other stations and listeners. Here are some important points to consider:

1. FCC Approval: Any channel change, even for testing purposes, must have prior approval from the FCC. This includes filing the necessary applications and receiving authorization before making any channel adjustments.
2. Interference Concerns: While testing may help identify potential interference sources or solutions, it’s essential to ensure that the testing itself does not cause interference to other stations or services. FCC regulations prioritize the protection of existing stations from harmful interference.
3. Consultation: It’s advisable to consult with an FCC specialist or engineer who can assist in conducting interference tests in a controlled and compliant manner. They can guide you through the necessary steps and procedures to minimize disruptions to your station and others.
4. Temporary Operation: If the testing requires temporary operation on a different channel, ensure that you adhere to the temporary operating conditions and frequencies specified by the FCC.
5. Documentation: Keep detailed records of all testing procedures, including the date, time, frequencies, and any observed interference or changes in station performance. This documentation can be valuable for FCC compliance and troubleshooting.
6. Listener Notification: If your LPFM station serves a local audience, consider notifying your listeners in advance about any planned testing or channel changes to minimize disruption to their listening experience.
7. Regulatory Prohibition: LPFM stations are explicitly prohibited from changing channels without first obtaining a granted construction permit from the FCC. Unauthorized channel changes are considered violations of Section 301 of the Communications Act and may result in potential fines
8. Authorized Changes: LPFM stations can make certain changes to their facilities without prior authorization, as specified in §73.875(c) of the FCC Rules. These changes include antenna replacements, transmission line replacements, and changes in time share hours, provided that they adhere to specific conditions and file a modification of the license application within 10 days of making the change/
9. Distance Separation Requirements: LPFM stations must also consider distance separation requirements, as outlined in §73.807, when contemplating a channel change. These requirements aim to protect full-service stations on co-channel, first- and second-adjacent channels. An interference showing may be required for second-adjacent channels.
10. Construction Permits: If an LPFM station is granted a construction permit for a channel change, it is then authorized to “test” on the new channel. However, LPFM stations cannot operate on both their old and new facilities simultaneously.
11. License to Cover: If the channel change proves to be successful, the LPFM station must file a License to Cover to inform the FCC of the change. Failure to do so may result in unauthorized operation if the construction permit lapses.
12. Construction Permit Duration: Construction permits typically have a 3-year term. If LPFM stations continue to operate on the new facility without filing a License to Cover and the construction permit expires, it is considered unauthorized operation and may result in fines.

In summary, while testing to address interference issues is a valid approach, it must be conducted in accordance with FCC regulations and with careful consideration of potential impacts on other stations and listeners. Seeking guidance from FCC specialists or engineers is strongly recommended to ensure compliance and minimize disruptions.

It’s important to note that while translators can operate at power levels exceeding 100 watts at 30 meters HAAT, these higher power levels are subject to necessary contour protections based on their specific location and channel assignment.

To summarize, translators may operate at power levels equivalent to:

• 250 watts at 32 meters HAAT in locations east of the Mississippi River and in California south of 40 degrees latitude.
• 250 watts at 107 meters HAAT in locations west of the Mississippi River, except in California south of 40 degrees latitude.

These power levels are governed by FCC regulations and are designed to balance the need for signal coverage while ensuring that the primary LPFM station remains the primary service in its coverage area.

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.

Yes, if two LPFM stations are currently operating under a time-share agreement and another channel becomes available that is properly spaced to either of the stations, one of the stations can request a move to the new channel while claiming that eliminating the time-share arrangement will “reduce interference.” However, the success of such a request will depend on several factors:

1. Technical Feasibility: The new channel must indeed be properly spaced to the station requesting the move, and the technical parameters (such as power, antenna height, and location) should meet the FCC’s requirements for the new channel.
2. Interference Considerations: The FCC will assess whether the proposed move will reduce interference to other existing stations or services. The claim that eliminating the time-share agreement will reduce interference should be supported by technical evidence and analysis.
3. Coordination with Other Stations: If the move impacts other stations or services, the FCC may require coordination with those parties to ensure that the change does not cause undue interference to them.
4. FCC Approval: Ultimately, the FCC will review the request and determine whether it is in the public interest and complies with FCC regulations. They may grant or deny the request based on technical and interference considerations.

It’s important to note that while the claim of reducing interference is a valid reason for requesting a channel change, the FCC will carefully evaluate the technical and regulatory aspects of the request. Stations should provide thorough documentation and technical analysis to support their case. Consulting with an expert in FCC regulations can be beneficial when navigating such requests.

Yes, the FCC has the authority to grant waivers for minimum distance spacing requirements in the case of a full-power station on the same channel or the first adjacent channel. However, such waivers are typically granted under specific circumstances and require a thorough review of technical and regulatory considerations. The FCC assesses each waiver request on a case-by-case basis to ensure that it serves the public interest and does not cause undue interference to other stations or services.

The ability to waive minimum distance spacing requirements for a full-power station on the same channel or first adjacent channel can vary depending on whether the other station is located in the United States, Canada, or Mexico.

For domestic situations where the other station is within the United States, the Radio Broadcast Preservation Act (RBPA) in Section 632(a)(1)(A) of the Making Appropriations For The District of Columbia Act of 2001 (Pub L. 106-553) requires the FCC to establish rules for minimum distance separations for third-adjacent channels, among others, to protect full-power stations. However, with the passage of the Local Community Radio Act (LCRA) in 2010, the RBPA was amended to allow the FCC to modify its rules to prescribe protection for co-channels and first- and second-adjacent channels. This amendment effectively opened the door for the FCC to waive third-adjacent channel separation. Furthermore, Section 3(a) of the LCRA instructs the FCC to eliminate third-adjacent channel minimum spacing requirements between LPFM stations and “full-service FM stations, FM translator stations, and FM booster stations.”

However, it’s essential to note that Section 3(b)(1) of the LCRA explicitly prevents the FCC from amending the rules to reduce the minimum co-channel and first- and second-adjacent channel distance separation requirements between LPFM stations and “full-service FM stations” as of the date of the LCRA’s enactment. Section 3(b)(2) addresses second-adjacent channel waivers.

Based on the LCRA’s language, it suggests that the FCC cannot waive co-channel and first-adjacent channel requirements to any distance less than what is specified in §73.807(a). Nevertheless, there are certain arguments and interpretations that may be considered when navigating these regulations.

It’s important to consult with legal experts or professionals experienced in FCC regulations for specific cases, as the interpretation and application of these rules can be complex and situation-dependent.

Foreign stations (Canada and Mexico)

The application of the RBPA and LCRA regarding minimum distance spacing requirements can vary when it comes to foreign stations. Different international agreements exist between the United States and its neighboring countries, such as Canada and Mexico, which can influence the interpretation and enforcement of these rules. There have been instances where distance requirements to foreign stations were waived, especially when a strong showing of protection was demonstrated, and unique factors like directional antennas were involved.

Given the complexity and potential variations in these cases, it’s advisable to seek professional assistance, such as Nexus Broadcast, who are experienced in navigating the intricacies of FCC regulations, international agreements, and case law related to LPFM and station spacing requirements in both domestic and international contexts. Their expertise can help ensure compliance with the relevant rules and regulations.

You are not facing an insurmountable challenge. According to FCC regulations, specifically §73.807(a), there is a requirement for a minimum spacing of 67 kilometers between an LPFM station and a Class-A station on the same co-channel. Additionally, §73.209(c) of the FCC rules is in place to safeguard LPFM stations. It mandates that full-power stations must accept interference from LPFM stations that adhere to the spacing guidelines outlined in §73.807(a).

It’s worth noting that the FCC has established a precedent through previous cases. As long as the LPFM station complies with the minimum distance separation guidelines specified in §73.807(a), any interference it may cause is considered non-actionable, even if there is evident contour overlap. This principle also extends to translator stations and other LPFMs.

In essence, your LPFM application has a regulatory framework that supports its legitimacy as long as it adheres to the spacing requirements, providing a path forward despite potential contour overlap with the Class-A station.

LPFM Application Under Scrutiny: Challenging Terrain and Co-Channel Interference

Navigating the intricacies of Low Power FM (LPFM) station applications can be a complex journey, especially when dealing with factors like distance, co-channel interference, and challenging terrain. In this article, we explore a scenario where a proposed LPFM station is located 69 kilometers away from a Class-A FM station on the same co-channel. Furthermore, the Class-A station has raised an objection, citing overlap. The LPFM applicant finds themselves situated in the foothills, raising the question: Is this LPFM application destined for difficulties?

Understanding the Regulatory Landscape

The Federal Communications Commission (FCC) regulates LPFM stations, and one of the key factors it considers is station spacing. To mitigate interference, the FCC establishes specific spacing requirements based on frequency, station class, and geographic location. These requirements are designed to ensure that LPFM stations can operate without causing harmful interference to other stations on the same or adjacent frequencies.

Co-Channel Challenges

In this scenario, the LPFM station faces a co-channel challenge. Co-channel interference occurs when two stations on the same frequency interfere with each other’s signals. The Class-A FM station, which is a higher-power and full-service station, has raised an objection, indicating that there is overlap between their service area and the proposed LPFM station’s location. This objection raises concerns about potential interference issues.

Terrain Considerations

The LPFM applicant mentions being situated in the foothills, which introduces additional complexities. Terrain can significantly impact radio signal propagation. In hilly or mountainous areas, signals can be reflected, refracted, or blocked, leading to variations in signal strength and coverage. These terrain effects can further complicate the assessment of potential interference and the determination of whether the LPFM application is feasible.

The Fate of the LPFM Application

Whether the LPFM application is “doomed” depends on several factors:

1. Technical Assessment: A thorough technical assessment, including signal propagation studies, is essential. This assessment will consider terrain effects, the characteristics of the LPFM station’s antenna, and the Class-A station’s service area.
2. FCC Review: The FCC will review both the LPFM application and the Class-A station’s objection. They will assess whether the proposed LPFM station’s operation complies with spacing and interference regulations.
3. Resolution: If there is co-channel overlap, efforts may be made to resolve the issue. This could involve adjusting the LPFM station’s parameters, such as power output or antenna height, to minimize interference.
4. Consultation: Engaging with technical experts and legal counsel familiar with FCC regulations can be instrumental in addressing objections and finding solutions.

While the co-channel challenge and foothill terrain may pose initial obstacles for the proposed LPFM station, it’s essential to approach the situation systematically. Thorough technical assessments, collaboration with experts, and adherence to FCC regulations are critical in determining whether the LPFM application can navigate these challenges and ultimately be granted approval. The outcome will depend on the specifics of the case and the efforts made to address interference concerns and meet regulatory requirements.

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.

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.

When your station receives an “FCC Activity Report” after submitting an application, it’s important to take the following necessary steps in response:

1. Review the Report: Carefully read through the FCC Activity Report to understand its contents and any actions or requirements related to your application. Pay close attention to any deadlines or instructions provided.
2. Check for Corrections: Verify that all the information in the report is accurate and matches the details of your application. If you identify any discrepancies or errors, contact the FCC promptly to address and rectify them.
3. Comply with Instructions: Follow any specific instructions or requests outlined in the report. This may include providing additional documentation, responding to inquiries, or taking certain actions related to your application.
4. Meet Deadlines: If there are deadlines mentioned in the report, ensure that you meet them promptly. Missing deadlines could lead to delays or complications in the processing of your application.
5. Contact FCC Support: If you have questions or need clarification regarding any aspect of the report, don’t hesitate to reach out to the FCC’s support or contact information provided in the report. They can provide guidance and assistance.
6. Maintain Communication: Keep open lines of communication with the FCC throughout the application process. If you encounter any challenges or encounter issues, it’s important to report them promptly to ensure a smooth and timely resolution.
7. Document Everything: Maintain records of all correspondence and interactions related to your application. This includes emails, letters, forms, and any supporting documentation. This documentation can be valuable for reference and compliance purposes.
8. Seek Professional Assistance: If your application involves complex technical or regulatory matters, consider seeking assistance from professionals or experts familiar with FCC regulations to ensure that you navigate the process effectively.

By following these steps and staying organized, you can effectively respond to the FCC Activity Report and help facilitate the processing of your application.

Emails from fcc-note@v-soft.com with the subject line “FCC Activity Report from V-Soft.” It’s crucial to understand that these emails are not from the FCC but are instead sent by a private company, V-Soft Communications.

V-Soft Communications offers broadcast engineering software and provides services related to monitoring FCC database activity. These emails are part of their efforts to promote their “flagging services.”

Here are the key points to remember:

1. Source of Emails: The emails from fcc-note@v-soft.com are not from the FCC but from the private company V-Soft Communications.
2. Purpose: These emails are intended to sell “flagging services” that monitor the FCC database and notify you of actions related to your application.
3. Alternative Services: REC provides a “reactive” version of this service through their fcc.today website, which displays application activity at the FCC shortly after it occurs.
4. Official FCC Emails: Emails from the FCC related to granted construction permits or licenses will come from lm-support@fcc.gov and will have specific subject lines related to authorization documents.
5. No Government Affiliation: V-Soft is not affiliated with the Federal Communications Commission, and their emails are not government communications.
6. Action Required: There is no need to take any action in response to these emails, as they primarily serve as a courtesy and include a sales pitch for V-Soft’s paid services.

Official emails from the FCC will always come from addresses ending with @fcc.gov. It’s important to distinguish between official government communications and emails from private companies like V-Soft Communications.

As of September 2021, LP-250 (Low-Power FM with 250 watts of effective radiated power) was not a standard service class for LPFM stations. The FCC’s LPFM service classes included LP-100 (100 watts ERP) and LP-10 (10 watts ERP), but LP-250 was not among them.

Your station’s effective radiated power (ERP) for LPFM broadcasting is influenced by various factors, including your antenna system. Here’s a summary of how different antenna configurations can impact your ERP and transmitter power requirements:

1. Single-Bay Antenna (e.g., Nicom BKG-77 or Shively 6812b):
   • Antennas like these typically have a 3 dB loss.
   • To achieve 100 watts ERP, you would need to transmit more than 200 watts from your transmitter.
2. Two-Bay Antenna Arrangement:
   • A two-bay antenna setup, among others, can provide approximately 0 dB gain.
   • With this arrangement, you can transmit less power from your transmitter, allowing you to reach up to or close to 250 watts ERP from a 300-watt transmitter.
3. Feedline and Equipment Losses:
   • It’s essential to consider losses in your feedline and any equipment between the transmitter and the antenna, such as lightning arrestors.
   • These losses can further affect the overall power requirements and efficiency of your broadcasting setup.

Optimizing your antenna system and understanding the losses associated with different components are crucial for achieving your desired ERP while efficiently utilizing your transmitter’s power output. It’s recommended to consult with a broadcast engineer or antenna specialist to design and configure your system for optimal performance.

Transitioning to a higher power level like LP-250 involves significant logistical challenges and considerations in your transmission plant. These factors will determine whether an upgrade to LP-250 is feasible for your station or if alternative options like finding a new transmitter site or channel are necessary to meet the higher power requirements.

It’s crucial to keep in mind that LP-250 is still in the proposal stage and has not been officially adopted by the FCC. There are no guarantees that it will be approved, as it has faced rejection in the past under different circumstances. However, your station’s determination to prepare for a potential LP-250 service is commendable. Just be aware that any infrastructure modifications made in anticipation of LP-250 are done at your own risk, given the uncertainty of its approval.

Staying informed about the progress of LP-250 and consulting with experts in broadcast engineering and FCC regulations will be essential as you consider potential upgrades and changes to your station’s infrastructure.

Xperi (formerly known as Ibiquity) provides HD Radio technology and services for FM and AM radio stations, including LPFM (Low-Power FM) stations. The specific licensing fees for HD Radio technology can vary depending on several factors, including the market size, station power, and the services provided by Xperi.

To obtain accurate and up-to-date information regarding the licensing fees for HD Radio technology for an LPFM station, it’s recommended to contact Xperi directly. They can provide you with a customized quote based on your station’s specific requirements and circumstances.

Xperi’s licensing fees may include costs related to equipment, installation, and ongoing services, so it’s essential to discuss your needs with their representatives to get a clear understanding of the associated fees and any potential discounts or promotions that may apply.

As of the information received on June 3, 2019, and revised on August 28, 2021:

Xperi (formerly Ibiquity) offers a special licensing rate for noncommercial educational (NCE) broadcast stations, including full-service and LPFM stations. The licensing fee for NCE stations is $5,000. This fee can be paid in two ways:

• A $2,000 down payment followed by annual payments of $600 per year for 5 years.
• Stations have the option to pay off the licensing fees at any time.

The NCE license fee covers the ability to add HD2, HD3, and HD4 channels with no additional ongoing costs. There are no additional costs for rebroadcasting these multicast channels either.

It’s important to note that the licensing fee covers the use of HD Radio technology but does not include the equipment required to deliver a digital signal.

Please keep in mind that pricing and terms may change over time, so it’s advisable to contact Xperi directly for the most up-to-date information regarding licensing fees and any potential revisions to their licensing structure.

Hearing another station from out of town on your channel could be due to a variety of reasons, and it’s important to investigate the source of interference. Here are some possible explanations:

1. Atmospheric Conditions: Sometimes, certain atmospheric conditions, like temperature inversions, can cause signals to travel farther than usual. This phenomenon is known as “ducting” and can result in signals from distant stations being received where they typically wouldn’t be.
2. Antenna or Equipment Issues: It’s possible that there is an issue with your station’s antenna or equipment, causing it to receive signals from other stations unintentionally. This could be due to a damaged or misaligned antenna, faulty equipment, or inadequate shielding.
3. Adjacent Channel Interference: If the interfering station is on an adjacent channel, it could be causing interference to your station. The FCC has specific rules and protections in place to prevent interference between adjacent channels, but issues can still occur.
4. Pirate or Unauthorized Broadcasters: In some cases, pirate or unauthorized broadcasters may operate on frequencies that interfere with legitimate stations. These rogue operators can be challenging to identify and address.
5. Propagation Changes: Over time, propagation conditions in the radio spectrum can change, affecting how signals travel and propagate. This can lead to variations in interference patterns.

To address the issue, you may need to consult with a broadcast engineer or technician who can help identify the source of interference and implement solutions to mitigate it. Additionally, if you believe the interference is the result of unauthorized broadcasting, you can report it to the FCC for investigation.

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.

To extend a construction permit (CP), follow these steps:

1. Review the Expiration Date: First, determine the expiration date of your construction permit. This information is crucial as you need to request an extension before it expires.
2. Prepare a Request for Extension: Draft a formal written request for an extension of your construction permit. Your request should include the following details:
   • The station’s call sign.
   • The construction permit’s file number.
   • The reason for the extension request. Be specific and provide a valid justification, such as unforeseen delays, technical issues, or other relevant factors.
   • The new proposed construction completion date. Ensure this date is realistic and achievable.
3. Submit the Request to the FCC: Send your extension request to the Federal Communications Commission (FCC). You can typically submit this request through the FCC’s electronic filing system or by mail, following the specific procedures outlined by the FCC for construction permit extension requests.
4. Include Supporting Documentation: Depending on the reason for your extension request, you may need to provide supporting documentation. For example, if the delay is due to technical issues, include technical reports or assessments explaining the challenges and the steps taken to address them.
5. Pay Any Required Fees: Check if there are any fees associated with your extension request. The FCC may require payment for processing your extension application.
6. Await FCC Response: Once your request is submitted, the FCC will review it. Be patient during this process, as it may take some time for the FCC to process extension requests.
7. Comply with Any Conditions: If the FCC approves your extension request, make sure to adhere to any conditions or requirements set by the FCC regarding the new construction completion date.
8. Construction Progress: Use the extended time wisely to make progress toward completing the construction. Keep records of the work done and any challenges encountered.
9. Construction Completion: Ensure that the construction is completed by the new proposed date as approved by the FCC.
10. On-Air Testing and Licensing: After construction, perform on-air testing to confirm that the station is operating as required. Once everything is in order, apply for the necessary licenses and permits to begin broadcasting.

In late 2019, the FCC introduced significant changes regarding LPFM construction permits. These changes include the issuance of three-year LPFM construction permits, whether for new construction or modifications. Consequently, unlike the previous practice, the FCC will not routinely grant extensions for construction permits.

Tolling of a construction permit is now only available in exceptional cases, such as those involving Acts of God or when there are judicial or administrative reviews in progress.

For applicants who have a Mexican concurrence condition in their construction permit, indicated by a specific statement, the following applies:

If your construction permit contains a condition like this:

“This application is being granted prior to the completion of the international notification process. Therefore, any construction of and operation with the facilities specified herein is at the applicant’s own risk and subject to modification, suspension, or termination without the right to a hearing if objected to by the Instituto Federal de Telecomunicaciones (“IFT”) in Mexico or if found necessary by the Commission or the IFT to conform to the 1992 USA-Mexico FM Broadcasting Agreement. This condition will be removed if formal acceptance of the facilities granted herein is received from the IFT.”

In this case, your construction permit is immediately eligible for tolling for the duration it takes to obtain Mexican concurrence. Once you receive Mexican concurrence, the FCC staff will automatically extend the construction permit by the corresponding time. In simple terms, if you prefer to wait for Mexican concurrence before starting construction, you have the option to do so.

If you find yourself in a tolling situation and require assistance, please don’t hesitate to reach out to  Nexus Broadcast for guidance and support.

Remember that construction permit extensions are typically granted for valid reasons, but it’s essential to provide a well-justified request and to follow the FCC’s procedures precisely. Failure to complete construction within the extended timeframe may result in the forfeiture of the construction permit.

LPFM stations are required to maintain a station log that includes specific information as outlined in FCC regulations. This log serves as an essential record of station activities and compliance. The information that LPFM stations must keep in their station log includes:

1. Date: Record the date of each entry in the log.
2. Time: Note the time of each entry, using either local standard time or daylight saving time, as applicable.
3. Description of Station Operations: Document a brief description of the station’s operations, including any programming details or technical issues.
4. Equipment Failures and Repairs: Log any equipment failures or repairs, as well as actions taken to address them.
5. Tower Light Monitoring: If applicable, record any tower light malfunctions and any corrective measures taken.
6. Emergency Alert System (EAS) Activation: Document any EAS activations, tests, or malfunctions, including details of the event.
7. Tower Climbing: If anyone climbs the tower, note their name, the date and time of the climb, and the reason for the climb.
8. Remote Control Operations: If remote control operation is used, maintain records of these operations.
9. Public Service Announcements (PSAs): Keep a record of PSAs broadcast by the station, including their content and scheduling.
10. Public Inspection File Notices: Document any public inspection file notices or documentation, including their content and dates posted.
11. Interference Complaints: If the station receives interference complaints from other stations, log the details of the complaints and any actions taken in response.
12. Ownership Changes: Record any changes in station ownership, including dates and details of the changes.
13. Testing and Measurements: Document measurements, tests, and other technical data related to station operations, especially those related to compliance with FCC regulations.
14. Additional Information: Include any other relevant information related to station operations, maintenance, and compliance.

Keeping a comprehensive station log is crucial for demonstrating compliance with FCC rules and regulations. LPFM stations should ensure that their logs are accurate, up-to-date, and readily accessible for inspection by the FCC if required.

LPFM stations are required to maintain a station log that includes the following information:

1. Station Outages: Document any station outages due to equipment malfunction, servicing, or replacement. For some time-share or part-time stations, you may also log when the transmitter is turned on and off, although this is not a strict requirement.
2. Operation Deviations: Note any operation that does not comply with the station’s license terms. For instance, if the station is operating with less power than specified on the station license, it should be documented.
3. Emergency Alert System (EAS) Logs: Maintain records related to EAS compliance, including weekly EAS tests and any emergency alerts received or transmitted. This complies with §11.61(a)(1)(v) of the rules.
4. Tower Lighting: If the LPFM station owns the tower and FAA obstruction lighting is required, log any incidents of extinguishment, malfunction, adjustments, repairs, or replacements of tower lighting. This follows §17.48 of the rules.

All log entries should include the date and time of the recorded events, as well as the name of the person making the entry. These logs must be made available to the FCC upon request for inspection and review.

The requirement for LPFM stations to use a certified transmitter can be found in Section 73.854 of the FCC rules. This section outlines the technical standards and equipment requirements for LPFM stations, including the use of transmitters that comply with the FCC’s certification procedures. It ensures that LPFM transmitters meet specific technical standards to maintain signal quality and prevent interference with other stations.

You can find the rule that mandates LPFM stations to use certified transmitters in §73.1660(a)(2), which states that “An LPFM transmitter shall be certified for compliance with the requirements of this part following the procedures described in part 2 of this chapter.” Additionally, you can refer to §2.907 (Certification) and §2.925 (Identification of equipment) for more details on equipment certification.

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.

The power level authorized for your LPFM radio station might be due to several factors. Here are some common reasons for low power authorization for LPFM (Low Power FM) stations:

1. Regulatory Limitations: LPFM stations are subject to power limitations defined by the Federal Communications Commission (FCC). The FCC has established these limitations to ensure that LPFM stations do not cause interference to full-power FM stations.
2. Frequency Availability: The available frequencies for LPFM stations can vary depending on your location. In some areas, there might be limited available frequencies, which can lead to lower power authorizations to prevent interference with other stations.
3. Population Density: LPFM power levels are often determined by the population density in the station’s coverage area. Lower power levels may be assigned to stations in densely populated areas to reduce interference.
4. Antenna Height: The height of your antenna above average terrain (HAAT) can also impact your authorized power level. Stations at higher elevations may be permitted to use higher power levels.
5. Tower Location: The proximity of your transmitter site to other broadcast stations, including full-power FM stations, can affect your authorized power. The FCC sets distance separation requirements to prevent interference between stations.
6. Licensing Window: The specific LPFM licensing window during which you applied for your station can influence the available power levels. In some cases, there may have been more demand for LPFM frequencies than available power, leading to lower power authorizations.
7. Interference Considerations: The FCC carefully evaluates applications to ensure that new LPFM stations do not cause harmful interference to existing stations. To achieve this, power levels may be adjusted.

If your station’s height above average terrain (HAAT) is a key factor in determining the authorized power level, it’s essential to understand that HAAT plays a significant role in LPFM station authorizations. Stations located at higher elevations may indeed be subject to lower power authorizations to ensure that their coverage area remains within the regulatory requirements.

It’s essential to keep in mind that LPFM stations are designed to serve relatively small, local communities. While the power levels may be lower than full-power stations, LPFM stations play a crucial role in providing local content and community engagement.

If you have concerns about your station’s power level or believe that it may need to be adjusted, it’s advisable to consult with a communications attorney or consulting engineer who specializes in broadcast licensing and compliance. They can provide guidance on potential options or strategies for your station.

Indeed, LPFM stations can do so without any regulatory prohibition. Simultaneously broadcasting on full-service stations is allowed.

In the diverse world of radio broadcasting, questions regarding signal relaying and permissions often arise. One such question pertains to whether a full-service broadcast station can legally relay the signal of a Low Power FM (LPFM) station. In this article, we will explore the regulatory framework governing this scenario in the United States.

Understanding LPFM Stations

Low Power FM (LPFM) stations are a unique facet of the radio broadcasting landscape. These stations are designed to serve local communities with content that is often hyper-local and community-focused. Due to their lower power and coverage footprint, LPFM stations typically have a more limited reach compared to full-service broadcast stations.

The Regulatory Oversight

The Federal Communications Commission (FCC) is the governing body responsible for overseeing radio broadcasting in the United States. It is the FCC that sets the rules and regulations that determine whether a full-service broadcast station can relay the signal of an LPFM station.

Permissible Relays

The FCC generally permits full-service broadcast stations to relay the signal of an LPFM station, provided certain conditions are met. These conditions are in place to ensure that the relaying serves the public interest and does not interfere with the intended purposes of LPFM stations. Here are some key factors to consider:

1. Co-Channel and Adjacent Channel Restrictions: The FCC has specific rules governing the relaying of LPFM signals. Full-service broadcast stations must adhere to these rules, which include restrictions related to co-channel and adjacent channel operations. These restrictions are in place to prevent interference and maintain signal quality.
2. Translator Stations: Often, the relay of LPFM signals is facilitated through translator stations. Translator stations are used to extend the reach of primary stations, including LPFM stations. The FCC has rules that dictate the use of translator stations for this purpose.
3. Local Community Considerations: LPFM stations are designed to cater to the needs and interests of local communities. When a full-service broadcast station relays an LPFM signal, it should be done in a manner that respects the local community’s interests and the original mission of the LPFM station.
4. FCC Application and Compliance: Any full-service broadcast station intending to relay an LPFM signal must follow the FCC’s application process and ensure compliance with all relevant regulations. This includes obtaining the necessary licenses and permissions.

It’s important to clarify that while simulcasting LPFM content on a full-service station is generally allowed, there are restrictions, such as the prohibition of operating, management, or time brokerage agreements under §73.860(e).

These regulations reflect the FCC’s commitment to maintaining a fair and competitive broadcasting environment while still allowing for the dissemination of LPFM content through full-service stations. Broadcasters should remain vigilant in adhering to these rules to ensure compliance with the law and to avoid any potential legal issues.

In conclusion, it is generally permissible for a full-service broadcast station to relay the signal of an LPFM station in the United States, provided that the relay complies with FCC regulations. These regulations are in place to ensure that the interests of local communities are served, and interference is minimized. Before undertaking such a relay, it is advisable for broadcasters to consult with legal and technical experts familiar with FCC rules to ensure full compliance and a smooth relay process.

Yes, it is possible for a translator to undergo a “significant” channel change if it is displaced by an LPFM station.

Exploring Channel Changes for Translator Stations: Addressing LPFM Displacement

Introduction

The realm of radio broadcasting is a complex ecosystem where frequencies, coverage, and interference play crucial roles. Translator stations, which relay signals to extend coverage, can sometimes face challenges due to interference caused by Low Power FM (LPFM) stations. In this article, we delve into the possibility of a translator station making a “major” channel change to mitigate displacement when an LPFM station is the source of interference.

Understanding LPFM Stations

Low Power FM (LPFM) stations are local radio broadcasters that operate with lower power and limited coverage compared to full-power FM stations. They serve communities by providing hyper-local content and diverse programming. However, due to their limited range, LPFM stations sometimes operate in close proximity to other stations, leading to potential interference concerns.

Translator Stations and Channel Changes

Translator stations serve the purpose of rebroadcasting the signals of primary stations to reach areas that may not receive adequate coverage. When a translator station experiences displacement due to interference caused by an LPFM station, the option of making a “major” channel change becomes relevant.

A major channel change involves moving to a different frequency on the radio spectrum. This can be a complex process, as frequencies are regulated by the Federal Communications Commission (FCC) to ensure optimal use and minimize interference. When an LPFM station’s operation interferes with a translator station’s coverage, the translator may need to change its frequency significantly to alleviate the problem.

Regulatory Oversight by the FCC

In the United States, the FCC plays a vital role in overseeing the allocation and usage of radio frequencies. To make a major channel change, the translator station must follow FCC guidelines and obtain proper authorization. This process ensures that the changes are coordinated and executed without causing further interference or disruptions.

Challenges and Considerations

Making a major channel change for a translator station is not a simple task. Several factors must be considered:

1. Technical Feasibility: The availability of frequencies suitable for the translator’s new channel must be determined. Technical experts need to assess the compatibility of the new frequency with the translator station’s equipment and coverage goals.
2. Coordination: Coordinating with the LPFM station causing interference is essential. Communication and collaboration are necessary to find a solution that benefits both parties and the audience.
3. Listener Impact: A major channel change can affect listeners who are accustomed to a specific frequency. Efforts should be made to inform the audience about the change to minimize confusion.
4. Regulatory Compliance: Strict adherence to FCC regulations is paramount. Applications for major channel changes must be filed, and approval obtained before implementing any alterations.

In the intricate landscape of radio broadcasting, addressing interference caused by LPFM stations is a complex endeavor. Translator stations seeking to make major channel changes for displacement must navigate technical, regulatory, and collaborative challenges. While the process might be intricate, the goal remains clear: to ensure optimal broadcasting quality while respecting the diverse needs of the audience and the spectrum’s regulatory framework.

Broadcasters wishing to file complaints regarding other station operations that are out of compliance should direct their concerns to the FCC’s Spectrum Enforcement Division within the Enforcement Bureau. Follow these guidelines when submitting a complaint:

Address for Complaint Submission: Federal Communications Commission

Enforcement Bureau

Spectrum Enforcement Division

45 L Street NE

Washington, DC 20554

Complaint Contents:

1. Station Information: Include the call sign and physical address of the station that is experiencing the interference.
2. Contact Information: Provide a telephone number for a contact person associated with the affected station.
3. Frequency Details: Specify the frequency on which the complaining station operates.
4. Interference Description: Offer a detailed description of the nature of the interference. Include information about when it occurred and how often.
5. Alleged Source of Interference: Identify the call sign and address of the station believed to be the source of the interference.
6. Frequency of Alleged Interfering Station: State the frequency on which the alleged interfering station operates.
7. Legal Basis for Complaint: Explain which provision of the Communications Act, rule, order, or station authorization you believe has been violated by the alleged source of the interference.
8. Supporting Documentation: Include any documentation that supports the existence and cause of the interference. This may involve recordings, photographs, or other evidence.

Important Note: Once a complaint is filed, it’s essential to be aware that the FCC will not provide updates on the status of any enforcement action, even to the broadcaster who submitted the complaint.

By following these procedures, broadcasters can effectively report interference issues to the FCC, helping to ensure compliance with regulations and maintain the integrity of the broadcasting spectrum.

To report interference caused by an LPFM station or a translator operating with unauthorized power or an illegal antenna, follow these steps:

1. Gather Information: Collect as much information as possible about the interference, including the date, time, and location where it occurs. Note any specific details about the interference’s nature and impact.
2. Identify the Station: Determine the LPFM station or translator responsible for the interference. Note its call sign and any other identifying information if available.
3. Contact the FCC: Reach out to the Federal Communications Commission (FCC), which regulates radio communications in the United States. You can file a complaint online through the FCC’s website or contact them by phone. Be prepared to provide all the information you’ve gathered.
4. Provide Evidence: If you have any supporting evidence of the interference, such as recordings or photographs, include these with your complaint to strengthen your case.
5. Follow Instructions: The FCC will guide you through the process of filing a complaint. They may request additional information or documentation, so be sure to follow their instructions closely.
6. Maintain Records: Keep records of all communication with the FCC regarding your complaint. This includes reference numbers, dates, and names of FCC representatives you speak with.
7. Cooperate with Investigations: The FCC will investigate the interference complaint. Be cooperative and provide any requested information promptly.
8. Seek Resolution: The FCC will work to resolve the interference issue. They may take enforcement actions against the station causing the interference if it’s found to be operating unlawfully.

Reporting interference is essential for maintaining the integrity of radio communications and ensuring that stations operate within the bounds of their licenses and regulations. Your cooperation with the FCC’s investigation is crucial in resolving such issues effectively.

Reporting Violations of Non-Technical Rules by Another Station

Radio broadcasting is governed by a set of regulations and rules set forth by the Federal Communications Commission (FCC) in the United States. These rules cover various aspects of broadcasting, including licensing, advertising, public file maintenance, and more. If you believe another station is violating these non-technical rules, here’s how you can report it:

1. Identify the Violation: First, be sure you have a clear understanding of the rule that is being violated. Non-technical rules can include violations related to advertising content, equal time provisions, political broadcasting, contest rules, public file requirements, and more. Ensure you can specify the exact rule being violated.

2. Gather Evidence: Collect evidence to support your claim. This could include audio recordings, transcripts, advertisements, or any other relevant documentation that demonstrates the violation. The more concrete evidence you have, the stronger your case will be.

3. Contact the FCC: File a formal complaint with the FCC. You can do this online through the FCC’s website, or you can send a written complaint by mail. When submitting your complaint, provide all the relevant details, including the name and call sign of the station in question, the specific rule that has been violated, and the evidence you’ve gathered.

• Online Complaint Submission: Visit the FCC’s Complaint Center on their official website and follow the instructions to submit your complaint electronically.
• Written Complaint: If you prefer to send a written complaint, address it to the Federal Communications Commission at the following address:Federal Communications Commission Enforcement Bureau 45 L Street NE Washington, DC 20554

4. Include Your Contact Information: Ensure your complaint includes your contact information, as the FCC may need to reach out to you for additional information or clarification.

5. Await Response: After submitting your complaint, the FCC will review the information and evidence you’ve provided. They may initiate an investigation if they believe there is a legitimate violation.

6. Remain Patient: Keep in mind that the FCC’s enforcement process can take time, and the agency prioritizes cases based on their significance and resources. Be patient and allow the FCC to conduct its investigation.

7. Follow Up: If necessary, follow up with the FCC to inquire about the status of your complaint. They may not provide detailed updates, but you can confirm that they have received your complaint and are addressing it.

8. Maintain Records: Keep copies of all communications and evidence related to your complaint for your records.

9. Confidentiality: Be aware that your complaint may not be kept confidential. The FCC generally discloses complaints and their resolutions, but they will redact sensitive personal information.

By reporting violations of non-technical rules by another station, you play a role in upholding the integrity of broadcasting regulations. Your vigilance helps maintain fairness, transparency, and compliance within the radio broadcasting industry.

Non-technical rule violations should be reprorted to

Federal Communications Commission
Enforcement Bureau
Investigations and Hearings Division
45 L Street NE
Washington DC 20554

When making a complaint, it’s important to provide specific details to ensure it can be properly addressed. Complaints should contain the following information:

1. Call Sign and Address: Include the call sign and physical address of the station you believe is in violation. This helps in identifying the station accurately.
2. Detailed Violation Description: Provide a comprehensive account of the nature of the violation. Be specific and clear about what rule or regulation you believe has been breached.
3. Supporting Documentation: Include any supporting documentation you may have, such as photographs, documents, or recordings that substantiate the violation. This evidence strengthens your case.
4. Complainant’s Name and Address: Clearly state your name and address as the complainant. This information is necessary for communication and follow-up.

It’s important to note that certain issues, such as those related to broadcast renewals, political programming rules, and Equal Employment Opportunity (EEO) matters, are not within the jurisdiction of the Enforcement Bureau. Instead, these issues should be referred to the Media Bureau for appropriate handling. Make sure to direct your complaint to the relevant bureau depending on the nature of your concern.

You are not facing an insurmountable challenge. According to FCC regulations, specifically §73.807(a), there is a requirement for a minimum spacing of 67 kilometers between an LPFM station and a Class-A station on the same co-channel. Additionally, §73.209(c) of the FCC rules is in place to safeguard LPFM stations. It mandates that full-power stations must accept interference from LPFM stations that adhere to the spacing guidelines outlined in §73.807(a).

It’s worth noting that the FCC has established a precedent through previous cases. As long as the LPFM station complies with the minimum distance separation guidelines specified in §73.807(a), any interference it may cause is considered non-actionable, even if there is evident contour overlap. This principle also extends to translator stations and other LPFMs.

In essence, your LPFM application has a regulatory framework that supports its legitimacy as long as it adheres to the spacing requirements, providing a path forward despite potential contour overlap with the Class-A station.

LPFM Application Under Scrutiny: Challenging Terrain and Co-Channel Interference

Navigating the intricacies of Low Power FM (LPFM) station applications can be a complex journey, especially when dealing with factors like distance, co-channel interference, and challenging terrain. In this article, we explore a scenario where a proposed LPFM station is located 69 kilometers away from a Class-A FM station on the same co-channel. Furthermore, the Class-A station has raised an objection, citing overlap. The LPFM applicant finds themselves situated in the foothills, raising the question: Is this LPFM application destined for difficulties?

Understanding the Regulatory Landscape

The Federal Communications Commission (FCC) regulates LPFM stations, and one of the key factors it considers is station spacing. To mitigate interference, the FCC establishes specific spacing requirements based on frequency, station class, and geographic location. These requirements are designed to ensure that LPFM stations can operate without causing harmful interference to other stations on the same or adjacent frequencies.

Co-Channel Challenges

In this scenario, the LPFM station faces a co-channel challenge. Co-channel interference occurs when two stations on the same frequency interfere with each other’s signals. The Class-A FM station, which is a higher-power and full-service station, has raised an objection, indicating that there is overlap between their service area and the proposed LPFM station’s location. This objection raises concerns about potential interference issues.

Terrain Considerations

The LPFM applicant mentions being situated in the foothills, which introduces additional complexities. Terrain can significantly impact radio signal propagation. In hilly or mountainous areas, signals can be reflected, refracted, or blocked, leading to variations in signal strength and coverage. These terrain effects can further complicate the assessment of potential interference and the determination of whether the LPFM application is feasible.

The Fate of the LPFM Application

Whether the LPFM application is “doomed” depends on several factors:

1. Technical Assessment: A thorough technical assessment, including signal propagation studies, is essential. This assessment will consider terrain effects, the characteristics of the LPFM station’s antenna, and the Class-A station’s service area.
2. FCC Review: The FCC will review both the LPFM application and the Class-A station’s objection. They will assess whether the proposed LPFM station’s operation complies with spacing and interference regulations.
3. Resolution: If there is co-channel overlap, efforts may be made to resolve the issue. This could involve adjusting the LPFM station’s parameters, such as power output or antenna height, to minimize interference.
4. Consultation: Engaging with technical experts and legal counsel familiar with FCC regulations can be instrumental in addressing objections and finding solutions.

While the co-channel challenge and foothill terrain may pose initial obstacles for the proposed LPFM station, it’s essential to approach the situation systematically. Thorough technical assessments, collaboration with experts, and adherence to FCC regulations are critical in determining whether the LPFM application can navigate these challenges and ultimately be granted approval. The outcome will depend on the specifics of the case and the efforts made to address interference concerns and meet regulatory requirements.

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.

No, as long as the LPFM station complies with the minimum spacing and second-adjacent channel interference requirements outlined in §73.807, it satisfies the basic regulatory prerequisites.

Regarding Broadcast Actions #48418, Public Notice issued on February 3, 2015, concerning the application of Calvary of Birmingham, WVXV-LP, BNPL-20131112ALD:

On January 29, 2015, we hereby deny the Petition to Deny, which was submitted on January 21, 2015, by Kimtron, Inc. No letter of denial has been issued. The petitioner has failed to demonstrate that the approval of this application would violate any rules or policies set forth by the Commission.

The LPFM application in question proposes to operate on a second-adjacent channel to WDJC-FM. The petitioner argues that it deserves protection for its digital operation, in addition to the analog signal of WDJC-FM. However, it’s important to note that safeguarding a station’s digital operation is inherently provided through the protection of its analog signal.

As a result, the LPFM application successfully complies with all relevant spacing and interference requirements as outlined in 47 CFR Section 73.807. Consequently, we have approved the LPFM application.

Enhanced Protections for Full-Power Stations with Hybrid HD Radio (IBOC)

The radio broadcasting landscape has evolved significantly with the advent of digital technologies, notably Hybrid Digital Radio, also known as In-Band On-Channel (IBOC) or HD Radio. Amid these advancements, a common question arises: Do full-power stations running hybrid HD Radio receive additional protections beyond the existing analog safeguards? In this article, we explore the regulatory framework and considerations surrounding this topic.

Understanding Hybrid HD Radio (IBOC)

Hybrid HD Radio (IBOC) is a digital broadcasting technology that allows radio stations to transmit both analog and digital signals simultaneously on the same frequency. This technology provides several benefits, including improved audio quality, additional data services, and multicasting capabilities. However, its implementation raises questions about how full-power stations are protected in the digital age.

Analog vs. Digital Protections

1. Analog Protections: Historically, full-power stations have been subject to a regulatory framework that includes various protections, such as contour overlap protection and distance separation requirements. These measures are designed to prevent interference between stations operating on adjacent or nearby frequencies in the analog spectrum.
2. Digital Protections: With the introduction of digital technologies like HD Radio, the Federal Communications Commission (FCC) has adapted its regulations to address potential interference concerns. For full-power stations implementing hybrid HD Radio, the FCC has established rules to safeguard both analog and digital signals.

Enhanced Protections for IBOC Operations

Full-power stations running hybrid HD Radio (IBOC) are afforded specific protections:

1. Adjacent Channel Protections: To minimize interference, the FCC has established rules that protect adjacent channels. These rules ensure that the digital signals of full-power stations using IBOC do not cause harmful interference to adjacent analog stations.
2. Interference Resolution: In cases where interference disputes arise between full-power stations implementing IBOC, the FCC has mechanisms in place to facilitate interference resolution. This can involve technical evaluations, adjustments to power levels, or other measures to maintain signal quality.
3. Amplification of Hybrid Mode: Full-power stations may choose to implement IBOC in “hybrid” mode, where both analog and digital signals are transmitted at higher power levels. This can enhance the coverage area of the digital signal while maintaining analog service.

In the digital age of broadcasting, full-power stations running hybrid HD Radio (IBOC) benefit from enhanced protections provided by the FCC. These protections are designed to ensure that both analog and digital signals can coexist without causing harmful interference to adjacent or nearby stations. The regulatory framework continues to evolve as technology advances, aiming to strike a balance between fostering innovation and maintaining the integrity of the radio spectrum. As the radio industry continues its digital transformation, these protections play a crucial role in delivering high-quality radio services to audiences across the nation.

Dealing with Pirate Stations on Your LPFM Channel: A Step-by-Step Guide

Obtaining a construction permit for your Low Power FM (LPFM) station is a significant achievement, but it can be disheartening to discover a pirate station operating on the same channel. Pirate stations, unauthorized broadcasters that interfere with legitimate radio services, can pose challenges for LPFM operators. Here’s a step-by-step guide on what to do if you find yourself in this situation.

Step 1: Confirm the Interference

Before taking any action, it’s crucial to confirm that there is indeed a pirate station operating on your assigned LPFM channel. This can be done by monitoring the frequency and verifying that the interference is consistent and ongoing.

Step 2: Gather Evidence

Document the interference with as much detail as possible. Record audio samples, take note of the times and dates of interference, and, if possible, log the pirate station’s broadcasting location. This evidence will be valuable when reporting the interference to the relevant authorities.

Step 3: Contact the Pirate Station

In some cases, the pirate station may not be aware that they are causing interference to a licensed LPFM station. Attempt to reach out to them and inform them about the interference issue. Be polite and provide them with your station’s information, including your call sign and construction permit details.

Step 4: Report to the FCC

If contacting the pirate station does not lead to a resolution, it’s time to escalate the issue. Report the interference to the Federal Communications Commission (FCC), the regulatory authority overseeing radio broadcasting in the United States. Provide the FCC with all the evidence you have gathered, including audio recordings and interference logs.

Step 5: Engage Local Law Enforcement

In some cases, local law enforcement agencies may be willing to assist in addressing pirate radio interference. Contact your local police department or sheriff’s office and inform them of the situation. They may be able to investigate and take appropriate action.

Step 6: Seek Legal Counsel

If the interference persists and the FCC’s involvement does not lead to a resolution, it may be necessary to seek legal counsel. An attorney with experience in broadcast law can provide guidance on potential legal remedies and strategies for addressing the interference.

Step 7: Document Costs and Damages

If the interference results in financial losses or damages to your station, document these carefully. This documentation may be useful if you decide to pursue legal action against the pirate station for restitution.

Step 8: Consider Technical Solutions

While addressing the interference through legal and regulatory channels, explore technical solutions to mitigate the impact of the pirate station’s broadcasts. Consult with a qualified broadcast engineer to determine if there are technical adjustments that can reduce the interference.

Step 9: Monitor and Persist

Dealing with pirate radio interference can be a lengthy process. Continue to monitor the situation, report any changes to the FCC, and persist in seeking a resolution. Over time, regulatory actions and legal remedies may help mitigate the interference.

Step 10: Be Patient and Persistent

Resolving interference from a pirate station can be frustrating and time-consuming. Patience and persistence are key. Keep your audience informed about the situation, and reassure them that you are working diligently to address the interference and provide them with uninterrupted service.

Remember that your LPFM station has the legal right to operate on its assigned channel, and the FCC is committed to enforcing these rights. By following these steps and working with the appropriate authorities, you can take action against pirate radio interference and protect your station’s broadcasting rights.

Encountering a pirate station on your assigned LPFM channel can be concerning, but there are steps you can take to address this issue:

1. Document the Interference: Make a record of the times when the pirate station is operating on your assigned channel. Note any specific identifying information about the pirate station, such as how it identifies itself, its contact information (if available), and the location where it operates.
2. Contact the FCC: File a formal complaint with the Federal Communications Commission (FCC) regarding the unauthorized operation. Complainants should submit a written complaint to the FCC’s Spectrum Enforcement Division, providing as much detail as possible about the situation. Include the name of the operator (if known), the station’s contact information, time of operation, location, operating frequency, and details about any interference caused.Send your complaint to:
   Federal Communications Commission
   Enforcement Bureau
   Spectrum Enforcement Division
   45 L Street NE
   Washington DC 20554
3. Be Patient: Understand that enforcement actions against unauthorized operators can take time. The FCC may need to coordinate with other agencies like the Department of Justice, and the timing of these actions is not always within the FCC’s immediate control.
4. Maintain Records: Continue to document any instances of interference caused by the pirate station. Keeping detailed records will be helpful in case further action is required.
5. Do Not Discuss Enforcement: Once you’ve filed a complaint with the FCC, be aware that the FCC typically does not provide updates on the status of enforcement actions. They may not engage in discussions about the progress of the case with the impacted broadcaster who filed the complaint.

Remember that addressing pirate stations is the responsibility of the FCC’s Spectrum Enforcement Division, and they will investigate and take appropriate actions to resolve the issue. While it may take time, filing a complaint is an essential step in ensuring the integrity of your LPFM station’s operations and frequencies.

Yes, LPFM (Low-Power FM) stations are generally required to provide public notice when filing applications with the Federal Communications Commission (FCC). Public notice is an essential part of the FCC’s regulatory process and is designed to inform the local community about proposed changes to LPFM stations. The specific types of applications that typically require public notice include:

1. New LPFM Station Applications: When an organization applies for a new LPFM station construction permit, they are required to provide public notice to inform the local community about their intent to establish a new station. This allows for public input and potential objections.
2. Major Change Applications: LPFM stations seeking significant changes to their facilities, such as changes in frequency, location, or transmitter power, often require public notice. This ensures that the community is aware of and can provide feedback on the proposed changes.
3. Transfer of Control or Assignment Applications: When there is a change in the ownership or control of an LPFM station, the FCC typically requires public notice. This ensures transparency and allows for public comment on the transfer.
4. Renewal Applications: LPFM stations must also provide public notice when applying for license renewal. This allows the local community to comment on the station’s performance and compliance with FCC regulations.

The specific requirements for public notice may vary based on the type of application and local FCC rules. Generally, public notice involves announcements in local newspapers, on-air announcements, and postings on the station’s website or in other prominent locations. The FCC sets guidelines for the content and duration of public notice periods, and stations must comply with these regulations to ensure transparency and community involvement in the FCC’s decision-making process.

An AM Traveler’s Information Station (TIS) is typically not considered an attributable interest that would prevent LPFM ownership. TIS stations are designated for providing non-commercial, traffic, and traveler-related information, primarily to serve the interests of the traveling public. These stations are subject to specific regulations and are generally not considered as part of the ownership or attribution rules that apply to full-power commercial or non-commercial radio stations.

Therefore, owning or operating a TIS station should not typically interfere with an entity’s ability to own or operate an LPFM station, as long as they meet the eligibility criteria and licensing requirements set forth by the Federal Communications Commission (FCC) for LPFM stations. However, it’s always a good practice to check with the FCC or a legal expert for specific guidance based on your unique circumstances.

The specific requirement for the distance between your board members and headquarters in relation to the transmitter location can vary depending on the type of station you are operating. For LPFM (Low-Power FM) stations, the Federal Communications Commission (FCC) typically requires that at least 75% of your board members reside within 10 miles of the transmitter site.

LPFM (Low-Power FM) stations in non-rural areas, the Federal Communications Commission (FCC) generally requires that 75% of your board members and your headquarters be located within ten miles of the transmitter site. This rule is designed to ensure a strong local presence and community involvement for non-rural LPFM stations.

However, for full-service NCE (Non-Commercial Educational) stations, the requirements may be different. Full-service NCE stations may have a more flexible approach to board members and headquarters locations, and the FCC may not specify a fixed distance in the same way as for LPFM stations.

In some cases, for LPFM (Low-Power FM) stations located in rural areas, the Federal Communications Commission (FCC) may allow for greater flexibility regarding the distance requirement for board members. This flexibility is designed to accommodate the unique circumstances of rural LPFM stations, where finding board members within a 20-mile radius can be challenging due to the sparser population.

However, these exceptions and variations are typically considered on a case-by-case basis. It’s essential to consult with the FCC or a legal expert with expertise in FCC regulations to determine the specific requirements and allowances that apply to LPFM stations in rural areas. This will ensure that you have accurate and up-to-date information based on your station’s location and situation.

It’s essential to review the specific FCC regulations and guidelines that apply to your station type and consult with legal experts or FCC specialists to ensure compliance with the exact requirements for your situation. These requirements can change over time, so it’s important to access the most up-to-date information from the FCC.

Ownership Terminology for LPFM Stations: Appropriate or Misleading?

In the realm of LPFM (Low-Power FM) radio, individuals who have played a pivotal role in founding and sustaining a station often face a common dilemma: is it acceptable to refer to oneself as the ‘owner’ of the station? This seemingly straightforward question sparks a complex discussion that delves into the nuances of LPFM station operation and the dynamics of community-based broadcasting.

Understanding LPFM Stations

Low-Power FM stations are unique in their mission and objectives. They are designed to serve local communities, often operating on a non-commercial basis. These stations are typically founded with the intention of providing hyper-local content, fostering community engagement, and offering a platform for voices that might not otherwise be heard on mainstream media. LPFM stations are distinct from their commercial counterparts in that they are bound by regulations aimed at preserving their community-focused nature.

The Founder’s Role

Many LPFM stations owe their existence to dedicated individuals or small groups who championed the cause of community radio. These founders are often deeply involved in the day-to-day operations, programming decisions, and financial sustainability of the station. They invest considerable time, effort, and resources to keep the station alive and thriving.

The Term ‘Owner’

Traditionally, the term ‘owner’ is associated with the individual or entity holding legal and financial control over a business or property. In commercial broadcasting, it’s common for an individual or corporation to own a radio station. However, the unique regulatory framework of LPFM stations complicates matters. The Federal Communications Commission (FCC) grants LPFM licenses to nonprofit organizations, educational institutions, or governmental entities rather than to individuals.

The Legal Reality

From a legal perspective, the term ‘owner’ can be misleading when applied to an LPFM station. The FCC licenses the station to the organization or entity, not to an individual. Therefore, claiming outright ownership might not accurately reflect the station’s operational structure. This distinction is crucial to ensure transparency and compliance with FCC regulations.

Alternative Terminology

Given the legal constraints, individuals closely associated with LPFM stations often prefer alternative descriptors. Terms like ‘founder,’ ‘operator,’ ‘director,’ or ‘manager’ may better capture their roles and responsibilities. These terms more accurately reflect their involvement in the station’s day-to-day affairs while avoiding potential misunderstandings about legal ownership.

Community Perception

Beyond the legal aspects, the perception of the station within the community matters. Using terms like ‘founder’ or ‘community steward’ can emphasize the station’s commitment to community values and its mission of serving local interests. It reinforces the notion that LPFM stations are community-driven endeavors rather than profit-driven enterprises.

Conclusion

In the world of LPFM radio, the use of the term ‘owner’ to describe an individual closely associated with the station can be misleading due to the specific regulatory framework governing these stations. While there may be no intention to deceive, it’s essential to maintain transparency and accuracy in describing one’s role in the station’s operation. Alternative terminology, such as ‘founder’ or ‘community steward,’ can better reflect the unique nature of LPFM stations and their dedication to community service. Ultimately, how individuals choose to describe their involvement should align with the principles of openness and community-focused broadcasting that LPFM stations embody.

Both LPFM (Low-Power FM) and full-service NCE (Non-Commercial Educational) stations could possibly be licensed to a “Social Purpose Corporation” (SPC) in the United States. The FCC (Federal Communications Commission) does not specifically restrict the ownership or licensing of these types of radio stations to any particular type of legal entity, as long as the entity meets the eligibility criteria and complies with the relevant regulations.

An SPC is a type of corporation that is structured to prioritize social or environmental goals in addition to generating profit. As long as the SPC meets the FCC’s requirements for station ownership, including any non-profit or educational criteria that may apply, it can obtain a license for an LPFM or full-service NCE station. However, it’s important to ensure that the SPC’s activities align with the FCC’s rules for non-commercial stations, as these stations are subject to certain programming and advertising restrictions to maintain their non-commercial status.

In several states, such as California, Florida, and Washington, “Social Purpose Corporations” have been recognized. These entities combine elements of for-profit corporations with a social purpose, making them appealing to social investors and foundations. However, due to the for-profit element and the ability to engage in activities competing with traditional for-profits, Social Purpose Corporations are not eligible for tax exemption under §501(c)(3) of the IRS code. They can issue stock and distribute profits to shareholders.

The Communications Act, specifically 47 USC §397(6), states that a noncommercial educational broadcast station must be owned and operated by a public agency or a nonprofit private foundation, corporation, or association. Furthermore, 47 USC §397(8) defines “nonprofit” as an entity where none of the net earnings benefit any private shareholder or individual.

With all that aside, because Social Purpose Corporations have the capacity to generate profits and distribute them to shareholders or individuals, they do not meet the definition of “nonprofit” as outlined in paragraph 8 of section 397.

As a result, it is the conclusion of Nexus Broadcast that a Social Purpose Corporation would likely not be eligible to hold a license for a noncommercial educational broadcast station, including LPFM (Low-Power FM) stations.

It’s important to note that this advice should be confirmed with attorneys well-versed in FCC law and corporate law specific to the state in which the entity is intended to be incorporated. Even if a Social Purpose Corporation were permitted to be a licensee, it would not grant them permission to use an LPFM station for broadcasting commercial programming.

Please be aware that this response is based on an analysis of various regulations, statutes, and factual information and should not be construed as legal advice. Legal advice should only be provided by qualified attorneys, and any decisions made based on this information should be done at your own risk.

Yes, an unincorporated association can be a licensee for an LPFM (Low-Power FM) or NCE (Non-Commercial Educational) radio station in the United States. The Federal Communications Commission (FCC) does allow unincorporated associations to hold licenses for these types of stations, provided they meet the eligibility requirements and can demonstrate that they have the capacity to operate the station in accordance with FCC regulations.

It’s important for the unincorporated association to designate a contact person or agent who will be responsible for communications with the FCC and ensuring compliance with all licensing requirements. Additionally, the association should be able to demonstrate that it meets any nonprofit or educational criteria that might apply to the specific type of station it intends to operate.

The FCC imposes stringent regulations concerning unincorporated associations.

For applicants asserting the status of unincorporated associations, specific requirements must be met. This includes the submission of a letter signed by an attorney who holds a valid license to practice law in the relevant state. This letter should substantiate that unincorporated associations are officially recognized as nonprofit entities within that state’s legal framework.

Furthermore, the application must encompass a statement outlining how the structure of the organization aligns with the state’s legal requirements. Additionally, unincorporated associations must provide a comprehensive account of any prior educational activities or initiatives in which the unincorporated entity was involved prior to submitting their LPFM (Low-Power FM) application.

While unincorporated associations can hold these licenses, it’s advisable to consult with legal experts or FCC specialists to ensure full compliance with all relevant regulations and requirements for the specific type of station you intend to operate.

The ability to serve on the board of an LPFM (Low-Power FM) station while also owning or being a part owner of an AM or FM radio station can be subject to certain restrictions and considerations. It’s important to be aware of potential conflicts of interest and FCC regulations that govern such situations:

1. Cross-Ownership Rules: The FCC has regulations that restrict cross-ownership of multiple media outlets within the same market. These rules are designed to promote media diversity and prevent undue concentration of media ownership. Depending on your specific location and the ownership structure of the AM or FM station you’re interested in, there may be restrictions on your ability to simultaneously serve on the board of an LPFM station.
2. Local Market Concentration: The specific restrictions on cross-ownership can vary by market size and the type of media outlets involved. For instance, ownership of both an LPFM station and an FM station in a small market may be less restricted than in a larger market.
3. Conflicts of Interest: Even if FCC regulations permit such dual roles, it’s essential to consider potential conflicts of interest. Serving on the board of one station while owning or having a significant stake in another can raise ethical and practical questions about fair competition, editorial independence, and the public interest.
4. Ownership Percentage: The level of ownership you have in the AM or FM station can also be a factor. FCC rules consider the percentage of ownership in determining cross-ownership restrictions.
5. Seek Legal Advice: Given the complexities of FCC regulations and the potential for legal and regulatory issues, it’s advisable to consult with an attorney experienced in media law and FCC regulations. They can provide guidance specific to your situation and ensure compliance with all applicable rules.
6. Disclosure: Transparency and disclosure are crucial. If you do have an ownership interest in another station, it’s important to disclose this information to the board of the LPFM station and to the FCC as required.

In most cases, if you serve on the board of an LPFM (Low-Power FM) station, you are generally restricted from simultaneously holding a position on the board of another LPFM station or having an attributable interest in a full-power AM, FM, or TV station. Exceptions may exist, such as when the LPFM station is licensed to a university, which also operates a full-power station and the LPFM station is student-run, sharing the same board of trustees.

Additionally, you may have an ownership stake in up to two FM translators under certain conditions. These translators must be commonly owned by the LPFM station’s organization, carry the LPFM station’s primary audio (typically the HD1 stream for digital LPFM stations), have a service contour that overlaps with the LPFM station, and be located within 20 miles of the LPFM station (or 10 miles in Neilsen Audio markets 1 through 50).

To simplify, in most scenarios, if your name appears on an ownership report for a full-power station, it is generally not permissible for you to also serve on the board of an LPFM station.

Please note that this information is not legal advice. Nexus Broadcast recommends consulting with a qualified attorney if you have any further questions or require legal guidance regarding your specific circumstances.

Ultimately, the permissibility of serving on the board of an LPFM station while owning or being part owner of an AM or FM station will depend on the specific circumstances, including the location of the stations and the ownership structure. Consulting with legal experts and FCC specialists is recommended to navigate these complexities successfully.

Clarifying the Inclusion of Broker Fees and Commissions in LPFM Station Assignment Sale Price

When navigating the intricate regulatory landscape of LPFM (Low-Power FM) station assignments, a key question arises: Can broker fees or commissions be integrated into the sale price? In seeking clarity on this issue, it’s essential to examine the governing regulations, specifically §73.865(a)(1), and understand its implications.

Understanding §73.865(a)(1)

§73.865(a)(1) is a pivotal regulatory provision that places constraints on what can be considered as part of the legitimate and prudent expenses of the assignor, who is essentially the party selling the LPFM station. The aim here is to ensure that the financial transactions surrounding the assignment are conducted transparently and within the boundaries of reasonable expenses.

Defining Legitimate Expenses

The rule further elaborates by defining legitimate expenses as those reasonably incurred by the assignor in obtaining and constructing the station. In essence, this means that any expenses directly tied to the establishment and operation of the LPFM station can be considered in the assignment process.

Exclusion of Brokerage Fees and Commissions

Herein lies a crucial point: brokerage fees, commissions, and fees associated with listing the station for sale do not fall within the category of expenses related to obtaining and constructing the station. These are auxiliary costs associated with facilitating the sale of the station and the involvement of brokers or intermediaries.

The Clear Answer

Given the specificity of the regulatory framework outlined in §73.865(a)(1) and the definition of legitimate expenses, the answer to the question becomes evident: No, broker fees or commissions cannot be legitimately included in the sale price of an LPFM station assignment.

This determination aligns with the regulatory intent of ensuring that the financial aspects of LPFM station assignments are tethered to expenses directly linked to station acquisition and operation. While brokerage services play a valuable role in these transactions, their associated costs fall outside the scope of what can be reasonably included in the sale price.

In Conclusion

In navigating the intricacies of LPFM station assignments, adherence to regulatory provisions is of paramount importance. §73.865(a)(1) serves as a guiding principle in defining what constitutes legitimate expenses in these transactions. As such, it is vital to recognize that broker fees, commissions, and fees related to listing the station for sale do not align with the criteria outlined in this regulation. Therefore, sellers and buyers should proceed with a clear understanding that these costs are distinct from legitimate expenses and should not be incorporated into the sale price. This adherence to regulatory clarity ensures transparency and compliance within the LPFM station assignment process.

Yes, a local Catholic church can have an LPFM (Low-Power FM) station even if the Archdiocese has full-power broadcast holdings. LPFM stations are typically considered separate entities from full-power stations and are subject to their own set of regulations and licensing requirements.

The fact that the Archdiocese, a higher-level organization, holds full-power broadcast licenses does not necessarily preclude a local Catholic church from obtaining an LPFM license. LPFM stations are often intended for hyper-local community broadcasting and may have different ownership rules compared to full-power stations.

It can be considered a separate “chapter” of the larger organization as long as the church is separately incorporated or otherwise recognized by the state and has a distinct educational mission. (see 73.858 of the rules)

However, it’s essential to ensure that the local Catholic church meets all the eligibility criteria and licensing requirements set by the Federal Communications Commission (FCC) for LPFM stations. This includes compliance with non-commercial and educational broadcasting rules, among others. Consulting with FCC specialists or legal experts can help ensure that the LPFM station is set up in accordance with all applicable regulations.

Yes, a school district that does not possess any AM, FM, or TV broadcast holdings but has Educational Broadband Service (formerly ITFS) can typically apply for and obtain an LPFM (Low-Power FM) station license. The ownership and licensing rules for LPFM stations do not typically take into account the possession of Educational Broadband Service. LPFM stations are generally considered separate entities with their own set of regulations and eligibility criteria.

However, it’s essential to ensure that the school district meets all the eligibility requirements specified by the Federal Communications Commission (FCC) for LPFM stations, including non-commercial and educational broadcasting rules. Consulting with FCC specialists or legal experts can help ensure compliance with all applicable regulations.

EBS/ITFS is not classified as a media holding.

ITFS stands for “Instructional Television Fixed Service.” It is a band of the radio spectrum in the United States allocated for educational television broadcasting. ITFS was originally established to support instructional television programs for schools and educational institutions. It allows for the transmission of educational content over the airwaves to be received by schools and other educational organizations.

In recent years, ITFS has evolved, and the band has been used for various educational purposes, including data communication and internet access for schools and colleges. The name was changed to “Educational Broadband Service” (EBS) to reflect this broader use of the spectrum.

In essence, ITFS/EBS is a portion of the radio spectrum reserved for educational purposes and services, primarily related to broadcasting educational content and, more recently, providing broadband connectivity to educational institutions.

Yes, it is possible for a school district that operates a PBS or NPR station in the United States to also possess an LPFM (Low-Power FM) station. LPFM stations are low-power community radio stations that are typically non-commercial and serve local communities. While PBS and NPR stations are often associated with television and larger public radio networks, they can still apply for and operate LPFM stations as long as they meet the Federal Communications Commission (FCC) regulations and licensing requirements for LPFM stations. This allows them to provide hyper-local content and community engagement in addition to their broader programming.

If students are set to oversee and run the LPFM station, cross-ownership is permissible according to §73.860(d). However, they would not be eligible to claim the diversity point.

Yes, under certain circumstances, another group can potentially take over a construction permit that is about to expire if the original permit holder never built the station. However, this process typically involves several steps and considerations:

1. Expiration of the Original Permit: If the original permit holder has not initiated construction within the specified timeframe, their construction permit may be on the verge of expiration. It’s crucial to check the exact expiration date, as this varies depending on the type of permit and any extensions granted.
2. FCC Notification: The Federal Communications Commission (FCC) should be notified of the original permit holder’s intent not to construct the station. This notification may involve formally surrendering the permit or allowing it to expire.
3. Vacancy Announcement: Once the permit is no longer held by the original grantee, the FCC may announce a vacancy for that frequency. This provides an opportunity for other interested parties or groups to apply for the vacant construction permit.
4. New Application: A new group or organization interested in taking over the permit must submit a new application to the FCC. This application should outline their plans for building and operating the LPFM station, including technical specifications and compliance with FCC rules and regulations.
5. Competitive Process: If multiple groups express interest in the vacant permit, a competitive process may be initiated. This could involve comparative hearings or other methods to determine which applicant is best qualified to receive the permit.
6. Grant of the Permit: The FCC will review the new application and, if approved, grant the construction permit to the new group, allowing them to proceed with building and operating the LPFM station.

It’s important to note that the specific procedures and requirements for taking over an expiring construction permit may vary based on FCC regulations and local considerations. Therefore, it’s advisable for any group interested in this process to consult with legal counsel or FCC experts to ensure compliance and a smooth transition. Additionally, timing is crucial in these situations, as missing deadlines or failing to act promptly can impact the ability to acquire and use the construction permit.

If the original construction permit, which was the first one granted after winning the filing window, remains unutilized, specific conditions must be met for it to be assigned to another eligible organization. Here are the key criteria:

1. Waiting Period After Grant: The organization must wait for a duration of at least 18 months after the construction permit was initially granted before they can assign it to another qualified organization.
2. Point System Application: If the FCC used a point system to grant the original construction permit, indicating competing applications in the group of mutually exclusive or competing applicants, the organization to which the permit is assigned must meet an equal or greater number of points as the original grantee.
3. Involuntary Time Share Provision: If the original construction permit included an involuntary time-share provision, the new organization must have a local presence date that is older than the “youngest” organization in the time-share group.

Once these conditions are met and the assignment is approved by the FCC, the process must be finalized by submitting a consummation notice to the FCC. After the assignment is consummated, the new organization will have the remaining time, typically less than 17 months, to complete the construction of the LPFM station. Extensions beyond the original 3-year construction period are generally not granted unless there are exceptional circumstances where tolling would otherwise be permitted. This ensures that construction timelines are adhered to and that LPFM stations are established within the stipulated timeframes, except in rare and compelling situations.

Transferring Ownership or Control of an LPFM Station to Another Organization: Is It Possible?

The process of selling or transferring control of an LPFM (Low-Power FM) station to a different organization is a query that frequently arises in the context of LPFM station ownership and operation. This question delves into the complexities of LPFM station regulations and the options available for organizations seeking to change ownership or control.

Understanding LPFM Stations

Low-Power FM stations are unique in their mission and focus on serving local communities. They operate under specific regulatory guidelines set by the Federal Communications Commission (FCC) to ensure that they remain community-oriented and non-commercial in nature. These regulations play a crucial role in determining the possibilities and limitations surrounding station ownership transfers.

Transferring Ownership or Control

Transferring ownership or control of an LPFM station to a different organization is indeed possible, but it involves adherence to a set of rules and procedures outlined by the FCC. The process typically includes the following steps:

1. Complying with FCC Regulations: Organizations seeking to transfer ownership or control must ensure that they comply with all FCC rules and regulations governing LPFM stations. These rules are designed to safeguard the station’s community-focused mission.

2. Finding an Eligible Organization: The FCC allows LPFM stations to be owned and operated by nonprofit organizations, educational institutions, or governmental entities. To transfer ownership or control, the acquiring organization must fall into one of these eligible categories.

3. License Transfer Application: The current owner of the LPFM station (the assignor) and the acquiring organization (the assignee) must jointly file an application with the FCC for the transfer of control or ownership. This application must provide detailed information about the parties involved and the reasons for the transfer.

4. Public Notice: The FCC typically requires public notice of the proposed transfer. This notice serves to inform the community about the change and allows for public input or objections.

5. FCC Approval: Once the application is submitted, the FCC reviews it to ensure that it complies with all relevant regulations. If approved, the FCC will grant consent for the transfer to proceed.

6. Transition Period: During the transfer process, there may be a transition period where the assigning organization continues to operate the station until the FCC approves the transfer officially.

Determining Eligibility for Assignment

An LPFM station license or construction permit can be assigned to another organization under specific circumstances. These circumstances include:

1. Unbuilt Station with 18 Months Elapsed: If the station was never constructed, and at least 18 months have passed since the original construction permit was granted, an assignment may be possible.
2. Station On-Air for Less than 4 Years: If the station has been built and has been on the air for less than 4 years (excluding silent periods), it may be eligible for assignment provided it meets the requirements of §73.865.
3. Station On-Air for at Least 4 Years: If the station has been constructed and has been on the air for at least 4 years (excluding silent periods), assignment is generally permitted.

Singleton Criteria for Assignment

For unbuilt construction permits and constructed stations on the air for less than 4 years, assignment pursuant to §73.865 is typically possible under the following singleton conditions:

• There were no competing applications during the original filing window.
• Competing applicants were either dismissed or modified their facility to eliminate competition.
• The station made a modification during the remediation period after the filing window that cleared it from competing applications.
• The FCC used the point system to dismiss other lower-scoring applicants, and the assignee must qualify for the same number of points as the current licensee during the filing window.
• The original application was granted in an involuntary time share group, and the assignee must qualify for the same number of points and have a local community presence date older than the “youngest” organization in the time share group.

Application Requirements

LPFM station assignment applications must include a statement explaining how the licensee qualifies for assignment under §73.865 of the rules.

Consideration and Limitations

LPFM stations can be assigned for consideration equal to what the original licensee paid for any equipment or construction costs that the assignee will benefit from post-transaction. However, this consideration cannot include periodic operating charges like rent, leases, salaries, utilities, music licensing fees, etc. Applications should provide a detailed schedule of items, including their names, model numbers, sources, and actual costs paid.

Conclusion

In conclusion, it is possible to sell or transfer control of an LPFM station to a different organization, but it must be done in accordance with FCC regulations and guidelines. The process involves careful planning, compliance with eligibility requirements, and the submission of a formal application to the FCC. It’s essential for all parties involved to be aware of the regulatory framework governing LPFM stations to ensure a smooth and legally compliant transfer of ownership or control. By adhering to these regulations, organizations can make changes in station ownership or control while preserving the station’s commitment to serving its local community.

It’s important to note that LPFM stations can be transferred for consideration based on the equipment’s original cost and construction expenses borne by the initial licensee. The transaction price cannot include ongoing operational charges such as rent, salaries, utilities, etc. Applications must provide a schedule detailing the item’s name, model number, source, and actual cost paid.

Lastly, LPFM stations cannot be sold for profit. Their transfer must adhere to the guidelines and principles outlined within the regulations. The emphasis remains on preserving the non-commercial and community-focused nature of LPFM broadcasting.

No, that statement is not entirely accurate. That was accurate until 2007, but the current situation is different. While organizations can own multiple LPFM (Low-Power FM) stations, the requirement of being at least 7 miles away from other LPFM stations they own is not a universal rule. LPFM station ownership is subject to specific regulations set by the Federal Communications Commission (FCC), and the distance requirement varies depending on various factors.

When LPFM was initially established in 2000, the concept was that national non-profit organizations would acquire licenses, and there would be multiple filing windows. Consequently, the FCC introduced a rule allowing a licensee to own up to 10 LPFM stations, with the condition that no two stations be within 12 kilometers or 7 miles of each other. To ensure localism, the FCC initiated the first filing window with a one-station limit for organizations. The intention was to follow up with a subsequent window to permit organizations to obtain additional stations.

However, due to advocacy efforts and the outcomes of the 2003 “Great Translator Invasion” window, the FCC altered the ownership limit to one station for most licensees in the Third Report and Order of 2007.

Public and private sector organizations with agreements (contracts, compacts, or memoranda of understanding) with state, county, or municipal agencies to deliver public safety services are allowed to own multiple stations within their operational jurisdiction.

In 2012, with the issuance of the Sixth Report and Order, federally recognized Indian tribes/native nations were granted the ability to own up to two LPFM stations, serving their tribal lands.

The primary FCC regulations regarding LPFM station ownership include:

1. Local Ownership: LPFM stations are generally intended to serve local communities. Therefore, LPFM station licensees must have a local presence within the station’s service area.
2. Ownership Limits: An organization or individual can own or have an attributable interest in up to two LPFM stations, as long as they meet certain criteria. However, there is no specific distance requirement mentioned in the FCC’s rules.
3. Local Programming: LPFM stations are expected to provide locally originated programming and serve the interests and needs of their local communities.
4. Avoiding Interference: The FCC requires LPFM stations to avoid causing interference to other radio services, including full-power FM stations and other LPFM stations, but there is no fixed distance requirement.
5. Ownership Restrictions: Organizations seeking to own multiple LPFM stations may need to navigate the FCC’s ownership restrictions, including restrictions on non-commercial educational (NCE) stations.

It’s important to note that the specific details of LPFM station ownership can be complex, and regulatory requirements may change over time. Therefore, organizations or individuals interested in owning multiple LPFM stations should consult with the FCC or legal experts familiar with FCC rules to ensure compliance with the current regulations and licensing requirements.

The FCC (Federal Communications Commission) generally does not have the authority to grant a waiver of the Local Community Radio Act (LCRA) itself because the LCRA is a federal law. The LCRA established certain rules and regulations regarding the licensing and operation of low-power FM (LPFM) radio stations. The Local Community Radio Act (LCRA) is a congressional statute, and any rules established by the FCC to implement the LCRA cannot be waived if such a waiver would contradict the LCRA.

If there is a request for an exception or waiver from specific provisions of the LCRA, it would typically require an act of Congress to amend the law. The FCC is responsible for implementing and enforcing the provisions of the LCRA as they are written in the law.

However, the FCC does have some discretion in how it interprets and enforces the LCRA’s provisions, and it can issue decisions or rulings based on its interpretation of the law. In cases where there may be ambiguity or unique circumstances, parties can seek clarification or exceptions through the FCC’s rulemaking or waiver processes. Such requests are typically evaluated based on the specific facts and circumstances presented, and the FCC’s decisions are subject to review.

If you have a specific question or request related to the LCRA, it’s advisable to consult with legal experts or engage with the FCC directly for guidance on your particular situation.

Some of the key elements of the LPFM (Low-Power FM) service that cannot be altered due to statutory requirements of the LCRA include:

1. The mandated spacing between LPFM stations and “full-service” FM stations, cannot be reduced to distances less than those specified in §73.807 of the FCC rules as they stood when the LCRA was enacted. (Please note that the LP-10 chart was still included in §73.807 at the time of the LCRA’s passage.) (LCRA Section 3(a))
2. The exemption from waiving third-adjacent channel spacing requirements when the third-adjacent channel station carries a radio reading service. (LCRA Section 4)
3. The classification of LPFM as secondary and equivalent in status to FM translators, cannot be elevated to a different status. (LCRA Section 5)
4. The requirement to make periodic announcements for third-adjacent channel stations, cannot be waived. (LCRA Section 7).

For most states, nonprofit corporations are mandated to maintain a minimum of three directors, although New Hampshire imposes a slightly higher requirement of five directors. It’s worth noting that the Federal Communications Commission (FCC) has recently started rejecting certain applications, such as those for the transfer of control if the board falls short of the state’s minimum director requirement.

However, there are exceptions to this rule in the following states, which allow nonprofit corporations to have only one director:

• Alabama
• Arizona
• California
• Colorado
• Delaware
• Georgia
• Guam
• Iowa
• Kansas
• Louisiana
• Maryland
• Massachusetts
• Nebraska
• Nevada
• North Carolina
• Oklahoma
• Oregon (applies to religious and mutual benefit organizations only)
• Pennsylvania
• Puerto Rico
• Virginia
• US Virgin Islands
• Washington

Keep in mind that while your organization may choose to incorporate in a different state than its physical location, you might still be obligated to file for foreign corporation status in the state where your organization conducts its business. Various other laws, including those governing the composition of a board of directors, could also be affected by this decision. For comprehensive guidance on your specific state’s corporation laws, it’s advisable to consult with a qualified attorney or another subject matter expert.

Additionally, in most states that require a minimum of three or more directors, there is often language specifying that once the corporation is formed, the board’s size cannot be reduced below the legal minimum.

“Legitimate and prudent” expenses typically refer to expenses that are both reasonable and necessary in the context of a particular situation. In the case of LPFM (Low-Power FM) radio applications or other regulatory processes, legitimate and prudent expenses may include:

1. Application Fees: These are the fees required by the Federal Communications Commission (FCC) for processing LPFM applications or related requests.
2. Engineering Services: Costs associated with hiring qualified engineers to prepare technical exhibits, conduct studies, or make necessary modifications to your application.
3. Legal Fees: Expenses related to consulting with or hiring an attorney who specializes in FCC regulations to ensure compliance and navigate the application process.
4. Survey Costs: Expenses related to conducting surveys or studies, such as interference studies or market analysis, to support your application.
5. Equipment and Facilities: Costs for acquiring or upgrading broadcasting equipment, studio facilities, or transmission facilities.
6. Administrative Costs: Expenses related to office supplies, postage, copying, and other administrative tasks associated with the application process.
7. Travel Expenses: Costs incurred when attending FCC meetings or hearings related to your application.
8. Public Notice Costs: Expenses associated with publishing public notices as required by the FCC for LPFM applications.
9. Consulting Fees: Fees paid to consultants who provide specialized advice or services related to LPFM applications or regulatory compliance.
10. Site Leasing and Rental: Costs associated with leasing or renting broadcasting sites, tower space, or studio locations.

It’s important to note that expenses should be directly related to your LPFM application process and should be well-documented. The FCC may scrutinize expenses to ensure they are reasonable and necessary. Keeping detailed records of your expenses is essential to justify them if requested by the FCC during the application review.

Ultimately, what is considered a “legitimate and prudent” expense may vary depending on the specific circumstances of your LPFM application and the guidance provided by the FCC. It’s advisable to consult with a legal or regulatory expert to ensure compliance and appropriate documentation of expenses.

When your LPFM (Low-Power FM) station is silent during the renewal period, the process for handling your renewal application is distinct from that of an active station. Here’s how the renewal process typically works for silent LPFM stations:

1. Renewal Application Submission: You are still required to submit a renewal application to the Federal Communications Commission (FCC) before the station’s expiration date. This application should be filed on FCC Form 2100, Schedule 303-S, and it must include an explanation for why your station has been silent.
2. Silent Notification: If your station has been silent for any part of the 12-month period immediately preceding the station’s expiration date, you should notify the FCC about the silent period in your renewal application.
3. Explanation of Silence: In your renewal application, provide a detailed explanation of why your station was silent, including the specific dates and reasons for the silence. Common reasons for silence include technical issues, equipment maintenance or upgrades, financial constraints, or other operational challenges.
4. Request for Special Temporary Authority (STA): If your station has been silent for an extended period and you anticipate that it will remain silent after the expiration date, you may also request a Special Temporary Authority (STA) from the FCC. An STA allows your station to remain silent for a specified period beyond the expiration date while you work to resolve the issues causing the silence.
5. FCC Review: The FCC will review your renewal application and the reasons for your station’s silence. They will assess whether the silence was justified and whether your station is in compliance with FCC rules and regulations.
6. Grant or Denial: Based on the FCC’s review, they will either grant or deny your station’s renewal. If granted, your station’s license will be renewed. If denied, you may have the opportunity to appeal the decision or request a hearing.
7. Return to Operations: If your station’s renewal is granted, you should make arrangements to return your station to regular operations as soon as possible, addressing the issues that led to the silence.

It’s important to note that the FCC takes silence seriously, and the reasons for your station’s silence must align with FCC regulations. Additionally, keeping the FCC informed and following the proper procedures during the silent period and renewal process is crucial to maintaining compliance with your LPFM station’s license. Consulting with an attorney or FCC expert can be beneficial if your station has been or will be silent during the renewal period.

The ownership of an FCC-licensed international broadcast station on the shortwave band would generally not be considered an attributable interest that would prevent LPFM ownership. LPFM (Low-Power FM) stations are subject to specific ownership and eligibility rules set by the Federal Communications Commission (FCC). These rules typically focus on ownership interests in full-power commercial or non-commercial stations.

Since international broadcast stations on the shortwave band serve a different purpose and have a different regulatory framework compared to LPFM stations, owning an international broadcast station should not typically interfere with the ownership of an LPFM station. However, it’s advisable to consult with the FCC or seek legal advice to ensure compliance with all relevant regulations and to address any specific circumstances that may apply.

No, that’s not correct. In this situation, they cannot claim the diversity in ownership point due to their ownership of full-power stations. Student-operated stations at universities with cross-owned full-power stations are typically eligible for a maximum of 4 points. However, if the LPFM station is not licensed to the university itself but rather to a separate organization like a student union or alumni association, then they may be eligible to claim the diversity point.

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.

No, an LPFM (Low-Power FM) station cannot earn a point for pledging to broadcast 12 hours per day during the application window. This particular point system for broadcasting hours is not applicable during the LPFM application window.

The point system for LPFM (Low-Power FM) applications has evolved. The current point system, as of June 2019, is as follows:

1. Established Community Presence: The applicant must qualify as local for a two-year period before filing, defined as being within 20 miles of the transmitting antenna (except in markets 1 through 50, where the distance is reduced to 10 miles). The organization must maintain this local presence afterward.
2. Local Program Origination: The applicant pledges to carry a minimum of 8 hours of programming per day originating from any point within 10 miles of the transmitting antenna, regardless of market size.
3. Main Studio: The applicant pledges to maintain a publicly accessible main studio with local program origination capability. It must be accessible by phone for at least 20 hours per week and be located within 20 miles of the transmitter (except for markets 1-50, where the distance is reduced to 10 miles). This point still applies despite the FCC’s elimination of main studio requirements for full-service broadcast stations.
4. Local Program Origination and Main Studio Bonus: If both points 2 and 3 are claimed, a bonus point can be earned.
5. Diversity of Ownership: An applicant must not hold any attributable interest in any other broadcast station.
6. Tribal Applicants Serving Tribal Lands: The applicant must be a tribal applicant, and the transmitting antenna must be located on tribal land.

LPFM stations are only required to fulfill the local program origination and main studio pledges if, at the end of the filing window and subsequent remediation windows, their points were necessary to eliminate another applicant from contention. If, before the original grant, the applicant makes a move to break out of the mutually exclusive (MX) group of applicants, or another applicant in the same MX group makes a change or is otherwise dismissed before the Commission’s final decision, thus making your application a “singleton,” you are absolved of meeting those pledges.

Additionally, if a time-share agreement is reached that involves all applicants in the group and does not result in the elimination of any applicant, then the group is absolved from the pledge requirements.

It’s important to note that LPFM stations that regularly do not operate 12 hours a day are subject to mandatory time sharing if a challenging application is filed during the renewal cycle.

In the case of full-service non-directional stations, a modification of the license application can be submitted to rectify geographic coordinates by up to 3 seconds in latitude and/or up to 3 seconds in longitude [§73.1690(b)(2)]. The actual distance can vary due to the Earth’s curvature but typically falls within a range of about 300 to 350 feet in latitude and 200 to 250 feet in longitude. Any changes or corrections to full-service directional antennas, however, will necessitate a construction permit.

Within the FM Translator service, horizontal adjustments, except those that require FAA notification, can be made up to 500 feet from the authorized coordinates without the need for a construction permit [§74.1251(b)(5)].

However, in the context of LPFM, §73.875(b)(2) mandates the submission of a Modification of Licensed Facility application (formerly known as Form 318) for any alteration in station geographic coordinates. This includes both coordinate corrections and changes to another tower at the same coordinates.

It’s crucial to bear in mind that when a station operates with unauthorized facilities, whether related to location, heights, or channel, the period during which the station engaged in such unauthorized operation can be considered equivalent to operating in a “silent” mode. Consequently, it becomes subject to Section 312(g) of the Communications Act, which stipulates that stations failing to transmit signals for more than 365 consecutive days may face license cancellation. The FCC has previously interpreted this law to encompass unauthorized operation.

It’s worth noting that the FCC has issued Notices of Violation, forfeitures, and even license cancellations for stations operating from unauthorized locations:

• In 2018, the FCC issued a Notice of Violation to American Multi-Media Syndicate, Inc. for operating an LPFM station 3.88 miles from their authorized location.
• In 2019, the FCC canceled the license of Chinese Voice of Golden City after determining that the station operated from unauthorized locations, including one as close as 256 feet away 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.

Hence, it is of utmost importance that applications accurately reflect the coordinates. Organizations considering the acquisition of 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. The acquiring organization may become responsible for the previous owner’s errors.

In the LPFM realm, you cannot simply relocate the station as with CB radio; you must have authorization to operate from the exact coordinates. While the FCC allows for some latitude in antenna height above ground within a specified range [§73.875(b)(3)], there is no leeway when it comes to horizontal location.

As per a communication received by REC from the FCC Office of Engineering and Technology, it’s important to note that although the large radio telescope dish has collapsed, a 12-meter dish remains in operation.

Hence, the Puerto Rico Coordination Zone remains in effect.

For any new station or modification application within Puerto Rico and its associated islands (excluding the US Virgin Islands), it is still necessary to provide a letter of coordination with the National Radio Astronomy Observatory.

To challenge the score determination of another MX applicant, you can follow these steps:

1. Review the FCC’s Public Notice: The FCC typically releases a Public Notice that includes the scoring details and rationale for each applicant in the MX group. Obtain a copy of this notice to understand the scoring of the applicant you wish to challenge.
2. Gather Evidence: Collect any evidence or information that supports your challenge. This could include documents, data, or other relevant materials that demonstrate errors or inaccuracies in the scoring of the applicant you are disputing.
3. Contact the FCC: Reach out to the FCC’s Media Bureau, specifically the Audio Division, responsible for LPFM applications. You can contact them through written correspondence, email, or phone to formally dispute the score determination.
4. Provide Detailed Arguments: In your communication with the FCC, clearly outline your reasons for challenging the score determination. Explain why you believe the other applicant’s score is incorrect, providing specific evidence and references to the rules and regulations.
5. Wait for FCC Response: The FCC will review your dispute and may request additional information or clarification if needed. Be prepared to respond promptly to any requests from the FCC.
6. Consider Mediation: In some cases, the FCC may recommend or require mediation between the disputing parties to resolve the issue. Be open to this possibility if suggested by the FCC.
7. Follow FCC Instructions: Follow any instructions or procedures provided by the FCC during the dispute resolution process. Be sure to meet all deadlines and requirements to ensure your challenge is properly considered.
8. Await FCC Decision: The FCC will make a final determination based on the information and arguments presented by both parties. They will issue a decision, and you will be notified of the outcome.

Keep in mind that challenging the score determination of another applicant can be a complex process, and the outcome will depend on the specific details and merits of your dispute. It’s essential to provide accurate and compelling evidence to support your case.

No, in this scenario, the 4-point applicants cannot automatically win the channel by forming a time-share agreement. Since the 5-point applicant has a higher score, they cannot aggregate points with the 4-point applicants.

If the 5-point applicant is willing and able to move to a different channel, and all parties agree to this change, then you could potentially reach a universal settlement. However, simply forming a time-share agreement between the two 4-point applicants would not result in an automatic win.

If you, as a 4-point applicant, have successfully reached a time-share agreement with the other 4-point applicant in your MX group but have not reached an agreement with the 5-point applicant, you will not automatically win the channel. In this situation:

1. You and the other 4-point applicant can time share, which means you both agree to share the channel’s broadcast hours.
2. The 5-point applicant will not be dismissed automatically because they have more points.
3. If the 5-point applicant does not reach a time-share agreement with either of you, the FCC may resort to involuntary time sharing, which would assign specific broadcast hours to each applicant based on their community presence date or other factors.

Ultimately, whether you win the channel depends on the outcome of any time-share agreements or involuntary time-sharing determinations made by the FCC.

Yes, if you formalize your time-sharing settlement agreement during the designated 90-day filing window, your group’s top-ranked applicant (#1) and the third-ranked applicant (#3) can combine their points. As a result, both of you will have a total of 10 points, while the second-ranked applicant (#2) will retain their 5 points. This means that group #2 will be dismissed, and you and the third-ranked applicant can jointly share the channel, operating according to the terms stipulated in your voluntary time-sharing agreement.

Regrettably, that statement is correct. According to §73.872(d)(4) of the rules, if the applicants within the mutually exclusive (MX) group end up in involuntary time sharing without a settlement agreement, the licenses will have non-renewable terms. However, if the group members later come to a settlement, even if the hours of operation remain the same, the licenses will become renewable.

If you notice the mistake while the application window is still open and you make the necessary amendments before it closes, you are permitted to do so. However, once the window has closed, you cannot amend your application to increase your score. Nonetheless, you do have the option to amend it to decrease your score.

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.

This is indeed possible and has been successfully executed. However, for the time-sharing agreement between “A” and “C” to be valid, it must specify non-overlapping schedules. After your time-share proposal is approved, and the other applicants are subsequently dismissed, you’ll need to await the finalization of those dismissals.

In other words, the dismissed applicants have a window of up to 30 days to file a Petition for Reconsideration. Once this 30-day period has elapsed, you can proceed to request a full-time schedule through a Modification of Licensed Facility. It’s essential to note that the 30-day countdown begins with the publication of the dismissals in the public notice, which typically occurs a few days after the actual dismissal.

Yes, public safety entities are typically required to provide a justification when requesting multiple stations, even if they are located at the same tower site. This justification helps ensure that their allocation of multiple stations is necessary and serves a legitimate public safety purpose. The FCC may review and evaluate these requests to determine their validity and whether they align with the public interest and safety requirements.

Yes, you can compensate the MX applicant for their engineering services required to specify a new channel if they agree to change their channel to accommodate your full-time operation on your chosen channel.

In the settlement agreement, you must disclose this compensation, and the amount paid must be fair and reasonable for the engineering services provided.

It’s important to note that this isn’t always the case, and there are several reasons behind this difference. The manner in which FM translators safeguard other broadcast facilities, including full-power stations, LPFM stations, and other translators, differs significantly from how LPFM stations provide protection.

LPFM vs. Translator Stations: Location Challenges and Regulatory Implications

Introduction

The world of radio broadcasting is a complex and regulated domain, with various types of stations serving diverse purposes. Among these are Low Power FM (LPFM) stations and translator stations. However, there are instances where establishing an LPFM station at a particular location is not feasible, leading to questions about whether a translator station can fill the gap. In this article, we explore the regulatory implications and possibilities when it comes to locating these stations in challenging areas.

Understanding LPFM and Translator Stations

Low Power FM (LPFM) stations are community-based radio broadcasters that operate with lower power and coverage compared to full-power FM stations. They are designed to serve local communities with hyper-local content and are subject to specific regulations to ensure fair spectrum allocation.

Translator stations, on the other hand, serve the purpose of extending the coverage of primary stations, including LPFM stations. They are essential for reaching areas that might not receive adequate signals from the primary station.

The Feasibility of LPFM Station Placement

LPFM stations, by design, have limited power and reach. This means that in some locations, it may not be feasible to establish an LPFM station due to factors like available frequencies, interference concerns, or other technical constraints. When such challenges arise, broadcasters may consider the possibility of deploying a translator station instead.

Translator Stations and Location Challenges

Translator stations are valuable tools for extending the reach of primary stations, including LPFM broadcasters. However, their placement is subject to specific regulatory considerations. While the inability to establish an LPFM station at a particular location does not automatically imply that a translator station cannot be located there, it is important to navigate the regulatory framework carefully.

Regulatory Implications

The Federal Communications Commission (FCC) in the United States oversees the allocation and usage of radio frequencies. To address location challenges, the following regulatory implications should be considered:

1. Frequency Availability: The FCC must determine the availability of suitable frequencies for translator stations in the challenging location. Frequency coordination is essential to minimize interference with existing stations.
2. Technical Compatibility: Translator stations must meet technical requirements to ensure that they do not disrupt the spectrum or cause interference. Technical experts play a crucial role in determining the feasibility of translator station placement.
3. Community Needs: Both LPFM and translator stations are expected to serve the needs of local communities. The FCC assesses whether a translator station’s placement aligns with the interests and requirements of the community.
4. Regulatory Compliance: Any application for a translator station in a challenging location must follow the FCC’s rules and regulations, including obtaining the necessary licenses and permissions.

Conclusion

While the inability to establish an LPFM station at a specific location doesn’t automatically rule out the possibility of locating a translator station there, it does raise a series of regulatory and technical considerations. The process involves assessing frequency availability, technical feasibility, community needs, and strict adherence to FCC regulations. Careful planning and consultation with legal and technical experts are crucial when addressing these challenges to ensure the successful deployment of translator stations and the continued provision of essential broadcasting services to local communities.

If your application is declared singleton, you are not obligated to fulfill the requirements associated with the points, such as the local programming pledge and main studio. Thus, there is no need to amend your application to lower your score.

Normally, Height Above Average Terrain (HAAT) is calculated based on the average elevations at 50 evenly spaced points along 8 radials in 45-degree increments (0 degrees, 45 degrees, 90 degrees, etc.). These elevations are averaged, and the resulting averages are then compared with the radiation center of the antenna above sea level to determine the HAAT.

However, if a station is in close proximity to a large body of water (such as an ocean or one of the Great Lakes) or near the border of Mexico or Canada, there is a special technical adjustment that may be applied to potentially lower the HAAT and increase the Effective Radiated Power (ERP).

To make this adjustment, you need to evaluate each of the individual 8 radials:

Determine the 34 dBu interfering contour around your site.

If there is any U.S. land area along a radial, even if it’s more than 16 km away, such as an island or deviations in the international border (e.g., along the Rio Grande in Texas), that land must be considered.

If a radial does not have 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 by the number of remaining radials.

If a radial has U.S. land area within 3 to 16 km, determine the elevations only within that U.S. land area, disregarding water or foreign territory. Do not calculate elevations at 50 points along the shortened radials. Instead, look at elevations in 260-meter increments between 3 km and the coast or border. When calculating the overall average, divide it by the number of radials used.

Here’s an example:

By default, their HAAT along the 8 radials looks like this:

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

The average of these values is -36.56 meters HAAT. However, when considering land areas along the radials, certain radials may be excluded, and calculations are adjusted accordingly. In this example, some radials are excluded, resulting in an adjusted HAAT of -75.30 meters.

This adjusted HAAT can impact ERP calculations, allowing stations to specify operation at the lower HAAT and potentially increase their effective radiated power, although this may not benefit all stations.

LPFM stations near the Mexican border still have a maximum of 50 watts ERP along radials that include any Mexican land area within 125 kilometers of the station. However, the adjusted ERP can be applied to radials not within 125 km of Mexico if a directional antenna is used, potentially allowing for greater ERP.

For more details, refer to FCC Rules §73.313(d)(2).

No, it is not required.

However, it’s important to note that organizations established less than 2 years (720 days) before the LPFM window’s closing date will not be eligible to claim the “established community presence” point. Consequently, their application will only be able to earn up to 4 points, putting them at a disadvantage compared to the 5-point applicants.

It’s worth mentioning that the FCC considers the date of incorporation with the state’s Secretary of State (or equivalent) as the starting point to determine the two-year local presence requirement. For example, if a group has been functioning as an organization since 2004 but did not file their incorporation until 2022, they would not be recognized as an established local organization for a filing window in 2023. They can still submit an application during the window, but they would not qualify for the “established community presence” point.

No, that’s not accurate. In an MX (mutually exclusive) group, all equally qualified applicants will be considered tentative selectees. The local community presence dates will only come into play as a tiebreaker if the group defaults and a settlement or time-sharing agreement cannot be reached. In other words, the FCC will generally select all equally qualified applicants as tentative selectees to promote fairness and inclusivity in the process.

Sections §73.807 and §73.825 of the FCC Rules outline the minimum distance separation requirements between LPFM stations and other broadcast facilities.

However, it’s important to understand that the “vacant channels” search feature on Radio Locator is designed for individuals interested in using small consumer-grade FM transmitting devices, such as those that connect to a car’s lighter port to broadcast audio from a cell phone. These devices operate under Part 15 of the FCC Rules. The Radio Locator “vacant channels” search does not consider any of the FCC Rules specific to LPFM.

Therefore, it is strongly advised not to rely on Radio Locator to determine potential available channels for LPFM applications.

Yes, LPFM (Low-Power FM) stations are required to provide public notice when filing applications with the FCC. This notice is a crucial step in the application process and ensures transparency and community awareness of the station’s intentions and activities.

No, under FCC rules, applicants are prohibited from directly or indirectly receiving payment in exchange for dismissing their application or agreeing not to compete in the LPFM filing window. Such agreements would be considered collusive and could result in the dismissal of the involved applications and potential penalties. Settlement agreements should focus on resolving mutually exclusive issues through means other than financial compensation.

No, this falls under the category of “premature construction,” which is explicitly prohibited by Section 319(a) of the Communications Act. However, the FCC does allow certain activities to take place before the construction permit is granted. These include:

1. Site clearance.
2. Pouring concrete footings for a tower.
3. Installing a tower base and anchors.
4. Installing a new power line.
5. Purchasing and on-site storage (but not installation) of radio equipment.
6. Undertaking other preliminary steps that do not have intrinsic broadcast use.
7. It’s important to note that any construction of towers or installation of radio antennas without prior authorization is strictly prohibited.

References:

https://docs.fcc.gov/public/attachments/DA-18-1153A1.pdf

In 2019, the FCC revised LPFM rules to allow for discussions regarding time-sharing among members of mutually exclusive (MX) groups before the announcement of tentative selectees. (Refer to FCC Tech Order, paragraphs 35-44)

This adjustment provides MX group members with the chance to deliberate on their circumstances and come to mutually agreeable arrangements.

Yes, you can submit minor amendments during the 90-day window. Minor amendments generally cannot create new conflicts, and as a result, they will likely not receive protection from Closed MX Window participants.

During the 90-day settlement window, a 5-point applicant can reach an agreement with a 4-point applicant. In fact, any combination of applicants can reach a settlement agreement during this window, regardless of their point totals. The key is to come to an agreement that resolves the mutual exclusivity (MX) issue for that particular channel. Points may help determine who gets priority in selecting hours in a time-share agreement, but they don’t restrict who can negotiate a settlement.

No, an applicant cannot propose a different channel and aggregate their points as part of an overall solution during the MX (Mutually Exclusive) application process for LPFM (Low-Power FM) stations.

In the LPFM application process, applicants are typically limited to the channel they initially applied for. They cannot propose a different channel as part of a settlement agreement or to aggregate their points. Once applicants have submitted their initial applications, any changes to the channel or technical parameters are generally not allowed during the application window.

Applicants are encouraged to carefully select their preferred channel and location before submitting their applications, as changes after submission can be limited and may require a significant technical showing to justify.

However, it’s essential to review the specific rules and procedures outlined by the FCC for LPFM application windows, as regulations may change over time. Applicants should also consider consulting with an attorney or expert familiar with LPFM rules and processes to ensure compliance with all requirements.

Yes, an unincorporated association can be an LPFM/NCE (Low-Power FM/Non-Commercial Educational) licensee. LPFM and NCE stations can be licensed to a variety of entities, including unincorporated associations, as long as they meet the eligibility requirements set forth by the FCC (Federal Communications Commission).

To be eligible for an LPFM or NCE license, the entity, whether incorporated or unincorporated, must meet the following general eligibility criteria:

1. Non-Profit Status: The entity must be non-profit in nature, meaning it cannot be operated for profit or derive income from the broadcast operations.
2. Educational or Public Service Purpose: LPFM and NCE stations are expected to serve the educational, cultural, and informational needs of their communities. Therefore, the entity must demonstrate that it will operate in the public interest and serve a substantial educational or cultural purpose.
3. Local Presence: The entity should have a local presence or connection to the community it intends to serve. This may include having a physical location, membership, or involvement in the local community.
4. Compliance with FCC Rules: The entity must comply with all FCC rules and regulations governing LPFM and NCE stations, including those related to ownership, operation, and programming.
5. No Prohibited Interests: The entity and its key individuals must not have any prohibited interests, such as being a party to unresolved FCC enforcement actions or having engaged in prohibited communications during the application process.

Unincorporated associations seeking an LPFM license must adhere to specific FCC rules and requirements:

1. Provide a letter signed by an attorney licensed to practice law in the relevant state, demonstrating that unincorporated associations are recognized as non-profit entities in that state.
2. Include a statement outlining how the organization’s structure aligns with state laws.
3. Furnish a description of any educational activities or functions undertaken by the unincorporated organization before submitting the LPFM application.

Meeting these criteria is essential for unincorporated associations to be eligible for an LPFM license and to comply with FCC regulations. It’s important to note that LPFM and NCE stations are subject to specific rules and regulations, and the application process can be competitive, especially during filing windows. Therefore, potential licensees, whether incorporated or unincorporated, should carefully review the FCC’s requirements and guidelines and seek legal counsel or assistance if needed to navigate the licensing process successfully.

The FCC exclusively entertains applications for new LPFM stations during specified filing windows. Prior to 2013, the previous filing window spanned between 2000 and 2001. The upcoming filing window is scheduled from November 1 through November 8, 2023.

However, if there exists an organization that currently holds an LPFM license and is willing to transfer that license to your organization, assignment may be a viable option.

For LPFM stations that have been licensed for less than 4 years and underwent a comparative points review during their initial award, the new organization seeking the license transfer would need to meet the same points criteria. A list of 90 LPFM stations falling into this category can be found on our Pledge List.

It’s worth noting that while an LPFM station can be transferred, the sale price is restricted to the actual expenditure incurred by the original licensee for equipment purchase and construction costs that will benefit the new organization. Costs such as utilities, rent, salaries, and music licensing cannot be factored into the price. No one is permitted to make a profit from an LPFM transaction.

Yes, there is still a chance for applicants in an MX (Mutually Exclusive) group who do not have the highest score. While scoring is a significant factor in the MX selection process, other factors such as settlement agreements, time-sharing arrangements, and unique circumstances can also influence the outcome.

Here are a few scenarios where you may still have a chance:

1. Settlement Agreements: You can negotiate with other applicants in your MX group to reach a settlement agreement. This agreement may involve various arrangements, such as time-sharing, channel changes, or even one applicant voluntarily dismissing their application. Settlements can lead to successful outcomes even for lower-scoring applicants.
2. Time-Sharing: If you and another applicant agree to time-share the channel, it may result in both of you being granted a share of the operating hours, even if you have lower scores.
3. Unique Circumstances: In some cases, unique circumstances or technical issues may affect other applicants’ eligibility, potentially changing the competitive landscape.
4. Remediation Windows: Keep an eye on FCC announcements for remediation windows. These windows may allow you to make changes to your application or seek settlement agreements, which can impact the outcome.

It’s important to stay informed about the specific rules and procedures related to your MX group, engage in discussions with other applicants, and explore potential settlement opportunities to improve your chances of a favorable outcome. Additionally, consider seeking legal or technical advice to navigate the complex MX process effectively.

Approximately a month following the closure of the application window, assuming no objections have been filed against any group members, the FCC will send out letters to all tentative grantees. In these letters, the FCC will request confidential responses within 30 days regarding your preferred time slot. Additionally, this communication provides a 30-day window for potential universal settlement negotiations with the other tentative grantee(s).

It’s important to note that if you opt for a universal settlement and your group consists of three applicants, the participation of all three applicants is mandatory for the settlement to be valid. Failure to reach a universal settlement within the specified timeframe may result in involuntary time sharing with non-renewable licenses.

It’s worth mentioning that you can still pursue a universal settlement even after the grants have been issued. Importantly, engaging in a universal settlement, even if it’s for the same hours, will convert non-renewable licenses into renewable ones.

When an MX (Mutually Exclusive) group includes both a 5-point applicant and a 4-point applicant, a point-based preference system is used to determine the tentative selectee within the group. Here’s how it typically works:

1. Tentative Selectee Preference: The 5-point applicant usually has a higher point preference over the 4-point applicant. This means that with all other factors being equal, the 5-point applicant is more likely to be selected as the tentative selectee.
2. Mutual Time-Sharing Agreements: In some cases, applicants within an MX group may enter into mutual time-sharing agreements. These agreements outline how the station will be operated and shared among the applicants. The FCC typically encourages these agreements as a means of resolving mutually exclusive situations. In such cases, if the applicants have reached an agreement, the FCC will select the applicant specified in the agreement as the tentative selectee.
3. Point Tiebreaker: If both the 5-point and 4-point applicants are competing for the same channel and neither has entered into a mutual time-sharing agreement, the FCC may use additional tiebreaker criteria. These can include factors like the number of years an applicant has been a local resident or the percentage of locally originated programming.

Ultimately, the FCC aims to select the applicant that best serves the public interest, and these point-based preferences and tiebreakers are used to make that determination when there are competing applicants within an MX group.

1. Voluntary Time Share Agreement: After the MX group is publicly announced, both applicants have the option to enter into a voluntary time-share agreement at any point during the process. If they do so, it’s considered a universal settlement, and the time-share agreement can be granted without either applicant being subject to specific pledges or requirements.
2. Remediation Window: When the FCC announces a remediation window, either of the two applicants can file to switch to a different channel, along with any necessary changes in location. In such cases, both applicants are considered as singletons, and they are otherwise grantable without specific commitments or pledges.
3. Dismissal of One Applicant’s Application: If one of the applicants’ applications is dismissed for any reason, the other applicant will be granted unlimited hours. The applicant that remains will not be subject to the usual pledges or requirements.
4. Inaction After Remediation Window: If neither applicant takes any action after the remediation window, the 5-point applicant will be granted unlimited hours, and the 4-point applicant’s application will be dismissed. In this scenario, the 5-point applicant would be subject to specific pledges, including the obligation to broadcast 8 hours of local programming per day and maintain a main studio.

These scenarios outline the potential outcomes when an MX group consists of both a 5-point and a 4-point applicant, taking into consideration various actions and decisions that can occur during the process.

In a scenario where there is one 5-point applicant and two or more 4-point applicants in an MX (Mutually Exclusive) group, various possibilities and outcomes can occur:

1. Voluntary Time Share Agreement: After the MX groups are publicly announced, all applicants have the option to reach a voluntary time-share agreement at any time during the process. Such an agreement would be considered a universal settlement, and all applicants involved would not be subject to specific pledges or requirements.
2. 5-Point Applicant’s Agreements: The 5-point applicant can agree to a timeshare with one of the 4-point applicants. In the same agreement, the other 4-point applicant can agree to either dismiss their application or make changes, such as switching to a different location or frequency, effectively removing themselves from the MX group. This also constitutes a universal settlement.
3. Aggregation of Points: The 5-point applicant cannot reach an agreement with one of the 4-point applicants while excluding the other. Applicants with differing point totals cannot selectively form agreements as they can aggregate their points.
4. Agreements Between 4-Point Applicants: If the two 4-point applicants are unable to reach an agreement on the same channel, given that they are not the top-scoring applicants in the group, they cannot aggregate their points.
5. Channel Change and Time Share: The two 4-point applicants can opt to move to a different channel and propose a time-share agreement. If this is approved, both 4-point applicants will be granted their time share, and the 5-point applicant will also be granted. None of them will have pledge obligations. Similarly, one of the 4-point applicants can switch to a different channel, and the remaining two applicants (the 5-point applicant and one 4-point applicant) can reach a universal settlement.
6. The inaction of 4-Point Applicants: If one or both of the 4-point applicants do not make any changes to their applications, the 5-point applicant will be granted the channel, and the 4-point applicants’ applications will be dismissed. In this case, pledge obligations will apply to the 5-point applicant.

These scenarios outline the potential outcomes and agreements that can occur when there is a mix of 5-point and 4-point applicants within an MX group, taking into account different actions and decisions during the process.

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)).

If an applicant asserts a point they are not eligible for, such as claiming local presence when their duration is less than two years, their application may face dismissal or denial by the FCC. The FCC routinely evaluates applications to ensure they adhere to the eligibility criteria. If it’s determined that an applicant has furnished inaccurate or false information regarding their qualifications for a point, the application could be declined, or the applicant may encounter other penalties. It’s of utmost importance for applicants to faithfully represent their qualifications and fulfill the eligibility requirements for the points they assert to prevent potential complications during the application process.

The concept of “community presence dates” comes into play when determining an organization’s eligibility for certain points in the LPFM application process. These dates are significant during the LPFM filing window and are used to establish an organization’s local connection and commitment to the community it seeks to serve.

To earn points for “Established Community Presence,” an applicant must demonstrate that it has been actively involved in the community for at least two years (720 days) prior to the close of the LPFM filing window. This involvement can include activities such as holding public meetings, organizing events, or providing services to the local community.

The “community presence dates” are crucial because they establish the timeframe within which an organization must have demonstrated its commitment to the community. Meeting this requirement allows the applicant to claim points for their established presence, which can enhance their chances of being granted an LPFM license.

It’s important for applicants to document their community involvement during this period and provide evidence to support their claims when applying for LPFM licenses.

When it comes to LPFM (Low-Power FM) Mutually Exclusive (MX) groups, understanding the role of community presence dates is crucial, especially in the context of involuntary time sharing imposed by the FCC. Let’s delve into how this process works and why community presence dates matter.

Involuntary time sharing becomes a consideration when settlement agreements fail to materialize within an MX group. This scenario typically unfolds when multiple LPFM applicants in the same MX group accumulate equal points in their applications.

In such cases, if the MX group contains more than three applicants with identical points, a specific mechanism comes into play. All applicants, except the top three, will face dismissal. The top three applicants will then confront the prospect of involuntary time sharing, with each applicant allotted 8 hours of airtime per day.

Here’s where community presence dates come into play. The FCC employs these dates to determine the order in which these top three applicants select their preferred time slots for broadcasting.

The applicant holding the oldest community presence date will have the first pick, selecting the time slot that best suits their needs. Following this, the second-ranked applicant will make their choice, leaving the third-ranked applicant with the remaining time slot.

In summary, community presence dates play a critical role in the allocation of broadcasting time slots during involuntary time sharing within LPFM MX groups. They establish a fair and organized process for applicants to select their preferred time slots, ensuring a smooth resolution in cases where settlement agreements are elusive.

No, major modifications will have limitations during the settlement window. They will only be available for stations identified as mutually exclusive (MX) in the public notice announcing the window. Major modifications in this context should solely serve the purpose of resolving mutual exclusivity issues.

Applicants seeking to make major modifications for reasons other than resolving mutual exclusivity will need to wait for another filing window, which may be several years in the future. It’s important to note that if you need to make a major modification due to interference concerns, you can request a channel change to any available channel, not restricted to adjacent channels, provided you can demonstrate reduced interference.

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.

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.

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.

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.

It’s important to note that this isn’t always the case, and there are several reasons behind this difference. The manner in which FM translators safeguard other broadcast facilities, including full-power stations, LPFM stations, and other translators, differs significantly from how LPFM stations provide protection.

LPFM vs. Translator Stations: Location Challenges and Regulatory Implications

Introduction

The world of radio broadcasting is a complex and regulated domain, with various types of stations serving diverse purposes. Among these are Low Power FM (LPFM) stations and translator stations. However, there are instances where establishing an LPFM station at a particular location is not feasible, leading to questions about whether a translator station can fill the gap. In this article, we explore the regulatory implications and possibilities when it comes to locating these stations in challenging areas.

Understanding LPFM and Translator Stations

Low Power FM (LPFM) stations are community-based radio broadcasters that operate with lower power and coverage compared to full-power FM stations. They are designed to serve local communities with hyper-local content and are subject to specific regulations to ensure fair spectrum allocation.

Translator stations, on the other hand, serve the purpose of extending the coverage of primary stations, including LPFM stations. They are essential for reaching areas that might not receive adequate signals from the primary station.

The Feasibility of LPFM Station Placement

LPFM stations, by design, have limited power and reach. This means that in some locations, it may not be feasible to establish an LPFM station due to factors like available frequencies, interference concerns, or other technical constraints. When such challenges arise, broadcasters may consider the possibility of deploying a translator station instead.

Translator Stations and Location Challenges

Translator stations are valuable tools for extending the reach of primary stations, including LPFM broadcasters. However, their placement is subject to specific regulatory considerations. While the inability to establish an LPFM station at a particular location does not automatically imply that a translator station cannot be located there, it is important to navigate the regulatory framework carefully.

Regulatory Implications

The Federal Communications Commission (FCC) in the United States oversees the allocation and usage of radio frequencies. To address location challenges, the following regulatory implications should be considered:

1. Frequency Availability: The FCC must determine the availability of suitable frequencies for translator stations in the challenging location. Frequency coordination is essential to minimize interference with existing stations.
2. Technical Compatibility: Translator stations must meet technical requirements to ensure that they do not disrupt the spectrum or cause interference. Technical experts play a crucial role in determining the feasibility of translator station placement.
3. Community Needs: Both LPFM and translator stations are expected to serve the needs of local communities. The FCC assesses whether a translator station’s placement aligns with the interests and requirements of the community.
4. Regulatory Compliance: Any application for a translator station in a challenging location must follow the FCC’s rules and regulations, including obtaining the necessary licenses and permissions.

Conclusion

While the inability to establish an LPFM station at a specific location doesn’t automatically rule out the possibility of locating a translator station there, it does raise a series of regulatory and technical considerations. The process involves assessing frequency availability, technical feasibility, community needs, and strict adherence to FCC regulations. Careful planning and consultation with legal and technical experts are crucial when addressing these challenges to ensure the successful deployment of translator stations and the continued provision of essential broadcasting services to local communities.

Yes, it is possible for a translator to undergo a “significant” channel change if it is displaced by an LPFM station.

Exploring Channel Changes for Translator Stations: Addressing LPFM Displacement

Introduction

The realm of radio broadcasting is a complex ecosystem where frequencies, coverage, and interference play crucial roles. Translator stations, which relay signals to extend coverage, can sometimes face challenges due to interference caused by Low Power FM (LPFM) stations. In this article, we delve into the possibility of a translator station making a “major” channel change to mitigate displacement when an LPFM station is the source of interference.

Understanding LPFM Stations

Low Power FM (LPFM) stations are local radio broadcasters that operate with lower power and limited coverage compared to full-power FM stations. They serve communities by providing hyper-local content and diverse programming. However, due to their limited range, LPFM stations sometimes operate in close proximity to other stations, leading to potential interference concerns.

Translator Stations and Channel Changes

Translator stations serve the purpose of rebroadcasting the signals of primary stations to reach areas that may not receive adequate coverage. When a translator station experiences displacement due to interference caused by an LPFM station, the option of making a “major” channel change becomes relevant.

A major channel change involves moving to a different frequency on the radio spectrum. This can be a complex process, as frequencies are regulated by the Federal Communications Commission (FCC) to ensure optimal use and minimize interference. When an LPFM station’s operation interferes with a translator station’s coverage, the translator may need to change its frequency significantly to alleviate the problem.

Regulatory Oversight by the FCC

In the United States, the FCC plays a vital role in overseeing the allocation and usage of radio frequencies. To make a major channel change, the translator station must follow FCC guidelines and obtain proper authorization. This process ensures that the changes are coordinated and executed without causing further interference or disruptions.

Challenges and Considerations

Making a major channel change for a translator station is not a simple task. Several factors must be considered:

1. Technical Feasibility: The availability of frequencies suitable for the translator’s new channel must be determined. Technical experts need to assess the compatibility of the new frequency with the translator station’s equipment and coverage goals.
2. Coordination: Coordinating with the LPFM station causing interference is essential. Communication and collaboration are necessary to find a solution that benefits both parties and the audience.
3. Listener Impact: A major channel change can affect listeners who are accustomed to a specific frequency. Efforts should be made to inform the audience about the change to minimize confusion.
4. Regulatory Compliance: Strict adherence to FCC regulations is paramount. Applications for major channel changes must be filed, and approval obtained before implementing any alterations.

In the intricate landscape of radio broadcasting, addressing interference caused by LPFM stations is a complex endeavor. Translator stations seeking to make major channel changes for displacement must navigate technical, regulatory, and collaborative challenges. While the process might be intricate, the goal remains clear: to ensure optimal broadcasting quality while respecting the diverse needs of the audience and the spectrum’s regulatory framework.

Broadcasters wishing to file complaints regarding other station operations that are out of compliance should direct their concerns to the FCC’s Spectrum Enforcement Division within the Enforcement Bureau. Follow these guidelines when submitting a complaint:

Address for Complaint Submission: Federal Communications Commission

Enforcement Bureau

Spectrum Enforcement Division

45 L Street NE

Washington, DC 20554

Complaint Contents:

1. Station Information: Include the call sign and physical address of the station that is experiencing the interference.
2. Contact Information: Provide a telephone number for a contact person associated with the affected station.
3. Frequency Details: Specify the frequency on which the complaining station operates.
4. Interference Description: Offer a detailed description of the nature of the interference. Include information about when it occurred and how often.
5. Alleged Source of Interference: Identify the call sign and address of the station believed to be the source of the interference.
6. Frequency of Alleged Interfering Station: State the frequency on which the alleged interfering station operates.
7. Legal Basis for Complaint: Explain which provision of the Communications Act, rule, order, or station authorization you believe has been violated by the alleged source of the interference.
8. Supporting Documentation: Include any documentation that supports the existence and cause of the interference. This may involve recordings, photographs, or other evidence.

Important Note: Once a complaint is filed, it’s essential to be aware that the FCC will not provide updates on the status of any enforcement action, even to the broadcaster who submitted the complaint.

By following these procedures, broadcasters can effectively report interference issues to the FCC, helping to ensure compliance with regulations and maintain the integrity of the broadcasting spectrum.

To report interference caused by an LPFM station or a translator operating with unauthorized power or an illegal antenna, follow these steps:

1. Gather Information: Collect as much information as possible about the interference, including the date, time, and location where it occurs. Note any specific details about the interference’s nature and impact.
2. Identify the Station: Determine the LPFM station or translator responsible for the interference. Note its call sign and any other identifying information if available.
3. Contact the FCC: Reach out to the Federal Communications Commission (FCC), which regulates radio communications in the United States. You can file a complaint online through the FCC’s website or contact them by phone. Be prepared to provide all the information you’ve gathered.
4. Provide Evidence: If you have any supporting evidence of the interference, such as recordings or photographs, include these with your complaint to strengthen your case.
5. Follow Instructions: The FCC will guide you through the process of filing a complaint. They may request additional information or documentation, so be sure to follow their instructions closely.
6. Maintain Records: Keep records of all communication with the FCC regarding your complaint. This includes reference numbers, dates, and names of FCC representatives you speak with.
7. Cooperate with Investigations: The FCC will investigate the interference complaint. Be cooperative and provide any requested information promptly.
8. Seek Resolution: The FCC will work to resolve the interference issue. They may take enforcement actions against the station causing the interference if it’s found to be operating unlawfully.

Reporting interference is essential for maintaining the integrity of radio communications and ensuring that stations operate within the bounds of their licenses and regulations. Your cooperation with the FCC’s investigation is crucial in resolving such issues effectively.

It’s important to note that while translators can operate at power levels exceeding 100 watts at 30 meters HAAT, these higher power levels are subject to necessary contour protections based on their specific location and channel assignment.

To summarize, translators may operate at power levels equivalent to:

• 250 watts at 32 meters HAAT in locations east of the Mississippi River and in California south of 40 degrees latitude.
• 250 watts at 107 meters HAAT in locations west of the Mississippi River, except in California south of 40 degrees latitude.

These power levels are governed by FCC regulations and are designed to balance the need for signal coverage while ensuring that the primary LPFM station remains the primary service in its coverage area.

To obtain a translator for an LPFM (Low Power FM) station, you can follow these steps:

1. Determine Need: First, assess the need for a translator for your LPFM station. Determine if there is a specific area or community that could benefit from improved signal coverage. A translator is typically used to rebroadcast the signal of an existing station to extend its reach to areas with poor reception.
2. Research Available Frequencies: Check the available frequencies in your area for potential translator use. You’ll need to find a frequency that is not already allocated or in use by other stations. The FCC provides tools and databases to help you identify available frequencies.
3. Identify Potential Translator Sites: Look for suitable locations to place your translator. These sites should provide good coverage of the target area and comply with FCC regulations regarding translator placement. Ensure that the proposed site meets zoning and licensing requirements.
4. Prepare Application: Complete the necessary application forms for a translator license. The specific forms may vary depending on the type of translator you’re applying for and the FCC rules in effect at the time of your application. Typically, you’ll use FCC Form 349 for FM translators.
5. Technical Proposal: Include a technical proposal that outlines the details of your translator, including the frequency, transmitter power, antenna height, and coordinates of the translator site. Ensure that your proposal adheres to FCC regulations regarding translator specifications.
6. Financial Documentation: Provide financial documentation that demonstrates your ability to fund the translator project. This may include budget estimates, financial statements, and funding sources.
7. Environmental Assessment: Depending on the location of your translator site, you might need to conduct an environmental assessment or provide documentation that proves the project’s environmental compliance.
8. File the Application: Submit your completed application, technical proposal, financial documentation, and any other required materials to the FCC. Be prepared to pay the necessary application fees.
9. Await FCC Approval: The FCC will review your application and may request additional information or clarification if needed. Once your application is approved, you will receive a construction permit for the translator.
10. Construction and Testing: After receiving the construction permit, you can proceed with building and testing the translator. Ensure that it meets the technical specifications outlined in your application.
11. License to Cover: Once construction is complete, you must file a “License to Cover” application with the FCC. This application verifies that the translator is operating as proposed in your initial application.
12. Operation: After receiving the FCC’s approval of the License to Cover, you can begin operating your translator and extending the coverage of your LPFM station.

Remember that the process of obtaining a translator for an LPFM station can be complex and time-consuming. It’s advisable to consult with an attorney or a consulting engineer experienced in FCC regulations to help navigate the process and ensure compliance with all requirements.

If you wish to acquire an FM translator for an LPFM station, the following steps and considerations apply:

1. Find a Willing Seller: Seek out someone who holds a license or construction permit for a translator and is willing to sell it to your organization. Note that FM translators are in high demand, often used to rebroadcast HD-2 channels of commercial stations, which can drive up prices considerably.
2. Proximity: The translator you acquire must be physically close to your LPFM station. Unlike AM radio, there is no 250-mile relocation rule for FM translators.
3. Contour Overlap: 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. Channel Assignment: 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). A change to a non-adjacent channel requires an application by a full-power station causing interference.
5. Over-the-Air Reception: The translator must receive the LPFM station’s signal over the air, not via the internet, satellite, or microwave. If the translator is not commonly owned by the LPFM organization, it can receive the signal from another translator carrying the same station.
6. Ownership Rules: If the translator is owned by the same organization as the LPFM station, specific additional rules apply, including limitations on the number of translators (2 max), carrying the main analog programming of the LPFM, and location within certain distances from the LPFM station.
7. Cross-Ownership Rules: Individuals who own translators cannot be board members or officers of the LPFM organization, and vice versa, to avoid violating cross-ownership rules.
8. Interference Rules: Interference rules for LPFM differ from those for translators. LPFM is based on distance separation, while translators can face interference issues if even one listener falls outside the full-power station’s protected contour but within the translator’s protected contour.
9. ERP Limitations: Unlike “fill-in” translators for AM and full-power FM stations, FM translators for LPFM stations have power limitations calculated based on height above average terrain (HAAT) and location.

Remember that Nexus Broadcast does not act as a broker for translator sales but can assist with the paperwork required for the assignment of the translator and relocation if needed. Acquiring an FM translator for an LPFM station can be a complex process, so it’s advisable to consult with experts well-versed in FCC regulations and LPFM operations to navigate these requirements effectively.