§  73.853   Licensing requirements and service.

   (a) An LPFM station may be licensed only to:

   (1) Nonprofit educational organizations and upon a showing that the
   proposed station will be used for the advancement of an educational
   program; and

   (2) State and local governments and non-government entities that will
   provide non-commercial public safety radio services.

   (b) Only local applicants will be permitted to submit applications. For
   the purposes of this paragraph, an applicant will be deemed local if it
   can certify that:

   (1) The applicant, its local chapter or branch is physically
   headquartered or has a campus within 16.1 km (10 miles) of the proposed
   site for the transmitting antenna for applicants in the top 50 urban
   markets, and 32.1 km (20 miles) for applicants outside of the top 50
   urban markets;

   (2) It has 75% of its board members residing within 16.1 km (10 miles)
   of the proposed site for the transmitting antenna for applicants in the
   top 50 urban markets, and 32.1 km (20 miles) for applicants outside of
   the top 50 urban markets; or

   (3) In the case of any applicant proposing a public safety radio
   service, the applicant has jurisdiction within the service area of the
   proposed LPFM station.

   [ 65 FR 7640 , Feb. 15, 2000, as amended at  73 FR 3216 , Jan. 17, 2008]