§ 73.870   Processing of LPFM broadcast station applications.

   (a) A minor change for an LPFM station authorized under this subpart is
   limited to transmitter site relocations of 5.6 kilometers or less. These
   distance limitations do not apply to amendments or applications proposing
   transmitter site relocation to a common location filed by applicants that
   are parties to a voluntary time-sharing agreement with regard to their
   stations  pursuant  to  § 73.872 paragraphs (c) and (e). These distance
   limitations also do not apply to an amendment or application proposing
   transmitter site relocation to a common location or a location very close to
   another station operating on a third-adjacent channel in order to remediate
   interference to the other station; provided, however, that the proposed
   relocation  is consistent with all localism certifications made by the
   applicant in its original application for the LPFM station. Minor changes of
   LPFM stations may include:

   (1) Changes in frequency to adjacent or IF frequencies or, upon a technical
   showing of reduced interference, to any frequency; and

   (2) Amendments to time-sharing agreements, including universal agreements
   that supersede involuntary arrangements.

   (b) The Commission will specify by Public Notice a window filing period for
   applications for new LPFM stations and major modifications in the facilities
   of authorized LPFM stations. LPFM applications for new facilities and for
   major modifications in authorized LPFM stations will be accepted only during
   the appropriate window. Applications submitted prior to the window opening
   date  identified  in  the Public Notice will be returned as premature.
   Applications submitted after the deadline will be dismissed with prejudice
   as untimely.

   (c) Applications subject to paragraph (b) of this section that fail to meet
   the § 73.807 minimum distance separations with respect to all applications
   and facilities in existence as the date of the pertinent public notice in
   paragraph (b) of this section other than to LPFM station facilities proposed
   in applications filed in the same window, will be dismissed without any
   opportunity to amend such applications.

   (d) Following the close of the window, the Commission will issue a Public
   Notice  of acceptance for filing of applications submitted pursuant to
   paragraph (b) of this section that meet technical and legal requirements and
   that are not in conflict with any other application filed during the window.
   Following the close of the window, the Commission also will issue a Public
   Notice of the acceptance for filing of all applications tentatively selected
   pursuant to the procedures for mutually exclusive LPFM applications set
   forth at § 73.872. Petitions to deny such applications may be filed within 30
   days of such public notice and in accordance with the procedures set forth
   at § 73.3584. A copy of any petition to deny must be served on the applicant.

   (e)  Minor  change  LPFM applications may be filed at any time, unless
   restricted by the staff, and generally, will be processed in the order in
   which they are tendered. Such applications must meet all technical and legal
   requirements applicable to new LPFM station applications.

   (f)  New  entrants  seeking  to apply for unused or unwanted time on a
   time-sharing frequency will only be accepted during an open filing window,
   specified pursuant to paragraph (b) of this section.

   [ 65 FR 7640 , Feb. 15, 2000, as amended at  65 FR 67304 , Nov. 9, 2000;  70 FR 39186 , July 7, 2005;  73 FR 3217 , Jan. 17, 2008;  78 FR 2108 , Jan. 9, 2013]

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