This is a comprehensive process, primarily applicable to commercial FM stations. Here are the key steps:
This is a comprehensive process, primarily applicable to commercial FM stations. Here are the key steps:
- Petition for Allotment: Begin by petitioning the FCC to add an “allotment” to your community. This involves demonstrating that your community meets certain qualifications, including the need for community services and a post office. Additionally, you must ensure that your proposed allotment meets distance separation requirements and can cover the city of license with a 70 dBu “city grade” contour. A Form 301 and Form 159 must be filed, along with a filing fee (currently $2,685 as of 8/2015). Request the highest class available for your location.
- Docketing and NPRM: Once you’ve submitted your petition, the FCC will docket it and issue a Notice of Proposed Rulemaking (NPRM) with a docket number. During a 30-day period, other organizations can file counter-proposals. If there are counter-proposals, the FCC will use a priority system to determine the preferred allotments. If your proposal serves the public interest and meets qualifications, it will be added to the table of allotments. Note that this step does not open a filing window for the allotment.
- Pre-Auction and Up-Front Payment: After a period (which may be years later), the FCC will announce vacant auction-eligible allotments. You’ll have an opportunity to file a short form and submit an up-front payment based on the Commission’s minimum price, depending on station class and population served. If other entities are interested and make payments for the same allotment, it goes to auction. If not, you are awarded the allotment, and your up-front payment is refunded upon request. Being the petitioner doesn’t grant preference in competitive bidding.
- Participate in the Auction: If the channel goes to auction, you must actively participate. Bidding occurs in multiple rounds, typically three per day, where applicants can increase their bids. The highest bidder wins. New entrants may be eligible for bidding credits if they have limited or no other commercial broadcast holdings.
- Pay the Difference: If you win the auction and the amount exceeds your up-front payment, you must wire transfer the additional funds. Once this is settled, you can file a long-form application and eventually receive a 3-year construction permit. If you weren’t the highest bidder, request a refund of your up-front payment.
Remember that operating a commercial broadcast station entails various responsibilities, including fees for change applications and annual regulatory fees based on station class and market size, ranging from $1,075 to $17,175.
To file a request for a new commercial FM broadcast station at the FCC, you’ll need to follow these steps:
- Determine Eligibility: Ensure that you meet the eligibility requirements for applying for a commercial FM broadcast station. Typically, this involves being a U.S. citizen or entity and not having any disqualifications, such as a felony conviction.
- Identify Available Frequencies: Check the FCC’s FM Query website to identify available FM frequencies in your desired area. This will help you determine if there are open channels for new stations.
- Prepare Necessary Documentation: You’ll need to prepare various documents, including a detailed application form (Form 301 for commercial FM stations), ownership information, technical information, and more. Consult the FCC’s website for specific forms and guidance.
- Legal and Engineering Counsel: It’s highly recommended to engage legal and engineering counsel experienced in FCC applications. They can assist in ensuring your application is complete and compliant with FCC rules.
- Application Fee: Be prepared to pay the required application fee. The exact amount can vary and should be confirmed with the FCC.
- File the Application: Submit your application electronically through the FCC’s Licensing and Management System (LMS). You will need to create an FCC Registration Number (FRN) and obtain an LMS account.
- Application Review: The FCC will review your application for completeness and compliance with their rules and regulations. This process can take some time, and the FCC may request additional information or clarification.
- Public Notice: Your application will typically be subject to a public notice period where interested parties can comment on your proposal. This allows the public and other broadcasters to raise concerns or objections.
- Decision and Grant: If your application is approved, you will receive a construction permit. This permit authorizes you to build and operate the new station within certain parameters outlined in the permit.
- Construction and Testing: You’ll need to construct your station within the specified timeframe and ensure it meets the technical requirements outlined in the construction permit. Once complete, you’ll undergo testing.
- License to Cover: After successful testing, you can apply for a “License to Cover,” which grants you the full authority to operate your FM station.
- Station Operation: Once you receive your license, you can begin broadcasting and serving your audience.
Please note that the process for obtaining a commercial FM broadcast station can be complex, and it’s advisable to consult with legal and engineering experts who specialize in FCC applications to ensure a smooth and successful application process. The FCC website provides detailed information and forms to assist you in the application process.