Goto Section: 73.809 | 73.811 | Table of Contents
FCC 73.810
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 73.810 Third adjacent channel interference.
(a) LPFM Stations Licensed at Locations That Do Not Satisfy Third-Adjacent
Channel Minimum Distance Separations. An LPFM station licensed at a location
that does not satisfy the third-adjacent channel minimum distance
separations set forth in § 73.807 is subject to the following provisions:
(1) Such an LPFM station will not be permitted to continue to operate if it
causes any actual third-adjacent channel interference to:
(i) The transmission of any authorized broadcast station; or
(ii) The reception of the input signal of any TV translator, TV booster, FM
translator or FM booster station; or
(iii) The direct reception by the public of the off-the-air signals of any
authorized broadcast station including TV Channel 6 stations, Class D
(secondary) noncommercial educational FM stations, and previously authorized
and operating LPFM stations, FM translators and FM booster stations.
Interference will be considered to occur whenever reception of a regularly
used signal on a third-adjacent channel is impaired by the signals radiated
by the LPFM station, regardless of the quality of such reception, the
strength of the signal so used, or the channel on which the protected signal
is transmitted.
(2) If third-adjacent channel interference cannot be properly eliminated by
the application of suitable techniques, operation of the offending LPFM
station shall be suspended and shall not be resumed until the interference
has been eliminated. Short test transmissions may be made during the period
of suspended operation to check the efficacy of remedial measures. If a
complainant refuses to permit the licensee of the offending LPFM station to
apply remedial techniques which demonstrably will eliminate the
third-adjacent channel interference without impairment to the original
reception, the licensee is absolved of further responsibility for that
complaint.
(3) Upon notice by the Commission to the licensee that such third-adjacent
channel interference is being caused, the operation of the LPFM station
shall be suspended within three minutes and shall not be resumed until the
interference has been eliminated or it can be demonstrated that the
interference is not due to spurious emissions by the LPFM station; provided,
however, that short test transmissions may be made during the period of
suspended operation to check the efficacy of remedial measures.
(b) LPFM stations licensed at locations that satisfy third-adjacent channel
minimum distance separations. An LPFM station licensed at a location that
satisfies the third-adjacent channel minimum distance separations set forth
in § 73.807 is subject to the following provisions:
(1) Interference complaints and remediation. (i) Such an LPFM station is
required to provide copies of all complaints alleging that its signal is
causing third-adjacent channel interference to or impairing the reception of
the signal of a full power FM, FM translator or FM booster station to such
affected station and to the Commission.
(ii) A full power FM, FM translator or FM booster station shall review all
complaints it receives, either directly or indirectly, from listeners
regarding alleged third-adjacent channel interference caused by the
operations of such an LPFM station. Such full power FM, FM translator or FM
booster station shall also identify those that qualify as bona fide
complaints under this section and promptly provide such LPFM station with
copies of all bona fide complaints. A bona fide complaint:
(A) Must include current contact information for the complainant;
(B) Must state the nature and location of the alleged third-adjacent channel
interference and must specify the call signs of the LPFM station and
affected full power FM, FM translator or FM booster station, and the type of
receiver involved; and
(C) Must be received by either the LPFM station or the affected full power
FM, FM translator or FM booster station within one year of the date on which
the LPFM station commenced broadcasts with its currently authorized
facilities.
(iii) The Commission will accept bona fide complaints and will notify the
licensee of the LPFM station allegedly causing third-adjacent channel
interference to the signal of a full power FM, FM translator or FM booster
station of the existence of the alleged interference within 7 calendar days
of the Commission's receipt of such complaint.
(iv) Such an LPFM station will be given a reasonable opportunity to resolve
all complaints of third-adjacent channel interference within the protected
contour of the affected full power FM, FM translator or FM booster station.
A complaint will be considered resolved where the complainant does not
reasonably cooperate with an LPFM station's remedial efforts. Such an LPFM
station also is encouraged to address all other complaints of third-adjacent
channel interference, including complaints based on interference to a full
power FM, FM translator or FM booster station by the transmitter site of the
LPFM station at any distance from the full power, FM translator or FM
booster station.
(v) In the event that the number of unresolved complaints of third-adjacent
channel interference within the protected contour of the affected full power
FM, FM translator or FM booster station plus the number of complaints for
which the source of third-adjacent channel interference remains in dispute
equals at least one percent of the households within one kilometer of the
LPFM transmitter site or thirty households, whichever is less, the LPFM and
affected stations must cooperate in an “on-off” test to determine whether
the third-adjacent channel interference is traceable to the LPFM station.
(vi) If the number of unresolved and disputed complaints of third-adjacent
channel interference within the protected contour of the affected full
power, FM translator or FM booster station exceeds the numeric threshold
specified in paragraph (b)(1)(v) of this section following an “on-off” test,
the affected station may request that the Commission initiate a proceeding
to consider whether the LPFM station license should be modified or
cancelled, which will be completed by the Commission within 90 days. Parties
may seek extensions of the 90-day deadline consistent with Commission rules.
(vii) An LPFM station may stay any procedures initiated pursuant to
paragraph (b)(1)(vi) of this section by voluntarily ceasing operations and
filing an application for facility modification within twenty days of the
commencement of such procedures.
(2) Periodic announcements. (i) For a period of one year from the date of
licensing of a new LPFM station that is constructed on a third-adjacent
channel and satisfies the third-adjacent channel minimum distance
separations set forth in § 73.807, such LPFM station shall broadcast periodic
announcements. The announcements shall, at a minimum, alert listeners of the
potentially affected third-adjacent channel station of the potential for
interference, instruct listeners to contact the LPFM station to report any
interference, and provide contact information for the LPFM station. The
announcements shall be made in the primary language(s) of both the new LPFM
station and the potentially affected third-adjacent channel station(s).
Sample announcement language follows:
On (date of license grant), the Federal Communications Commission granted
(LPFM station's call letters) a license to operate. (LPFM station's call
letters) may cause interference to the operations of (third-adjacent channel
station's call letters) and (other third-adjacent channel stations' call
letters). If you are normally a listener of (third-adjacent channel
station's call letters) or (other third-adjacent channel station's call
letters) and are having difficulty receiving (third-adjacent channel station
call letters) or (other third-adjacent channel station's call letters),
please contact (LPFM station's call letters) by mail at (mailing address) or
by telephone at (telephone number) to report this interference.
(ii) During the first thirty days after licensing of a new LPFM station that
is constructed on a third-adjacent channel and satisfies the third-adjacent
channel minimum distance separations set forth in Section 73.807, the LPFM
station must broadcast the announcements specified in paragraph (b)(2)(i) of
this section at least twice daily. The first daily announcement must be made
between the hours of 7 a.m. and 9 a.m., or 4 p.m. and 6 p.m. The LPFM
station must vary the time slot in which it airs this announcement. For
stations that do not operate at these times, the announcements shall be made
during the first two hours of broadcast operations each day. The second
daily announcement must be made outside of the 7 a.m. to 9 a.m. and 4 p.m.
to 6 p.m. time slots. The LPFM station must vary the times of day in which
it broadcasts this second daily announcement in order to ensure that the
announcements air during all parts of its broadcast day. For stations that
do not operate at these times, the announcements shall be made during the
first two hours of broadcast operations each day. For the remainder of the
one year period, the LPFM station must broadcast the announcements at least
twice per week. The announcements must be broadcast between the hours of 7
a.m. and midnight. For stations that do not operate at these times, the
announcements shall be made during the first two hours of broadcast
operations each day.
(iii) Any new LPFM station that is constructed on a third-adjacent channel
and satisfies the minimum distance separations set forth in § 73.807 must:
(A) notify the Audio Division, Media Bureau, and all affected stations on
third-adjacent channels of an interference complaint. The notification must
be made electronically within 48 hours after the receipt of an interference
complaint by the LPFM station; and
(B) cooperate in addressing any third-adjacent channel interference.
[ 78 FR 2104 , Jan. 9, 2013]
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Goto Section: 73.809 | 73.811
Goto Year: 2014 |
2016
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