Goto Section: 73.845 | 73.853 | Table of Contents
FCC 73.850
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 73.850 Operating schedule.
(a) All LPFM stations will be licensed for unlimited time operation, except
those stations operating under a time sharing agreement pursuant to § 73.872.
(b) All LPFM stations are required to operate at least 36 hours per week,
consisting of at least 5 hours of operation per day on at least 6 days of
the week; however, stations licensed to educational institutions are not
required to operate on Saturday or Sunday or to observe the minimum
operating requirements during those days designated on the official school
calendar as vacation or recess periods.
(c) All LPFM stations, including those meeting the requirements of paragraph
(b) of this section, but which do not operate 12 hours per day each day of
the year, will be required to share use of the frequency upon the grant of
an appropriate application proposing such share time arrangement. Such
applications must set forth the intent to share time and must be filed in
the same manner as are applications for new stations. Such applications may
be filed at any time after an LPFM station completes its third year of
licensed operations. In cases where the licensee and the prospective
licensee are unable to agree on time sharing, action on the application will
be taken only in connection with a renewal application for the existing
station filed on or after June 1, 2019. In order to be considered for this
purpose, an application to share time must be filed no later than the
deadline for filing petitions to deny the renewal application of the
existing licensee.
(1) The licensee and the prospective licensee(s) shall endeavor to reach an
agreement for a definite schedule of periods of time to be used by each.
Such agreement must be in writing and must set forth which licensee is to
operate on each of the hours of the day throughout the year. Such agreement
must not include simultaneous operation of the stations. Each licensee must
file the same in triplicate with each application to the Commission for
initial construction permit or renewal of license. Such written agreements
shall become part of the terms of each station's license.
(2) The Commission desires to facilitate the reaching of agreements on time
sharing. However, if the licensees of stations authorized to share time are
unable to agree on a division of time, the prospective licensee(s) must
submit a statement with the Commission to that effect filed with the
application(s) proposing time sharing.
(3) After receipt of the type of application(s) described in paragraph
(c)(2) of this section, the Commission will process such application(s)
pursuant to § § 73.3561 through 73.3568 of this Part. If any such application
is not dismissed pursuant to those provisions, the Commission will issue a
notice to the parties proposing a time-sharing arrangement and a grant of
the time-sharing application(s). The licensee may protest the proposed
action, the prospective licensee(s) may oppose the protest and/or the
proposed action, and the licensee may reply within the time limits
delineated in the notice. All such pleadings must satisfy the requirements
of Section 309(d) of the Act. Based on those pleadings and the requirements
of Section 309 of the Act, the Commission will then act on the time-sharing
application(s) and the licensee's renewal application.
(4) A departure from the regular schedule set forth in a time-sharing
agreement will be permitted only in cases where a written agreement to that
effect is reduced to writing, is signed by the licensees of the stations
affected thereby, and is filed in triplicate by each licensee with the
Commission, Attention: Audio Division, Media Bureau, prior to the time of
the proposed change. If time is of the essence, the actual departure in
operating schedule may precede the actual filing of the written agreement,
provided that appropriate notice is sent to the Commission in Washington,
DC, Attention: Audio Division, Media Bureau.
[ 65 FR 7640 , Feb. 15, 2000, as amended at 78 FR 2106 , Jan. 9, 2013]
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Goto Section: 73.845 | 73.853
Goto Year: 2014 |
2016
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