Is it possible for an unincorporated association to hold an LPFM/NCE license?

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.