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.
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.
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.
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.
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.