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.
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.