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

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

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

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

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

Local Diversity of Ownership Point:

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

No Need for a New Educational Statement:

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

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