If a full-service FM station license is canceled, does the spectrum become available for LPFM use?
The answer to this question varies depending on the specific frequency band in which the FM station with the canceled license operates.
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.