Goto Section: 73.871 | 73.873 | Table of Contents
FCC 73.872
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 73.872 Selection procedure for mutually exclusive LPFM applications.
(a) Following the close of each window for new LPFM stations and for
modifications in the facilities of authorized LPFM stations, the Commission
will issue a public notice identifying all groups of mutually exclusive
applications. Such applications will be awarded points to determine the
tentative selectee. Unless resolved by settlement pursuant to paragraph (e)
of this section, the tentative selectee will be the applicant within each
group with the highest point total under the procedure set forth in this
section, except as provided in paragraphs (c) and (d) of this section .
(b) Each mutually exclusive application will be awarded one point for each
of the following criteria, based on certifications that the qualifying
conditions are met and submission of any required documentation:
(1) Established community presence. An applicant must, for a period of at
least two years prior to application and at all times thereafter, have
qualified as local pursuant to § 73.853(b). Applicants claiming a point for
this criterion must submit any documentation specified in FCC Form 318 at
the time of filing their applications.
(2) Local program origination. The applicant must pledge to originate
locally at least eight hours of programming per day. For purposes of this
criterion, local origination is the production of programming by the
licensee, within ten miles of the coordinates of the proposed transmitting
antenna. Local origination includes licensee produced call-in shows, music
selected and played by a disc jockey present on site, broadcasts of events
at local schools, and broadcasts of musical performances at a local studio
or festival, whether recorded or live. Local origination does not include
the broadcast of repetitive or automated programs or time-shifted recordings
of non-local programming whatever its source. In addition, local origination
does not include a local program that has been broadcast twice, even if the
licensee broadcasts the program on a different day or makes small variations
in the program thereafter.
(3) Main studio. The applicant must pledge to maintain a publicly accessible
main studio that has local program origination capability, is reachable by
telephone, is staffed at least 20 hours per week between 7 a.m. and 10 p.m.,
and is located 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 the top 50 urban markets. Applicants
claiming a point under this criterion must specify the proposed address and
telephone number for the proposed main studio in FCC Form 318 at the time of
filing their applications.
(4) Local program origination and main studio. The applicant must make both
the local program origination and main studio pledges set forth in
paragraphs (b)(2) and (3) of this section.
(5) Diversity of ownership. An applicant must hold no attributable interests
in any other broadcast station.
(6) Tribal Applicants serving Tribal Lands. The applicant must be a Tribal
Applicant, as defined in § 73.853(c), and the proposed site for the
transmitting antenna must be located on that Tribal Applicant's “Tribal
Lands,” as defined in § 73.7000. Applicants claiming a point for this
criterion must submit the documentation set forth in FCC Form 318 at the
time of filing their applications.
(c) Voluntary time-sharing. If mutually exclusive applications have the same
point total, any two or more of the tied applicants may propose to share use
of the frequency by electronically submitting, within 90 days of the release
of a public notice announcing the tie, a time-share proposal. Such proposals
shall be treated as minor amendments to the time-share proponents'
applications, and shall become part of the terms of the station
authorization. Where such proposals include all of the tied applications,
all of the tied applications will be treated as tentative selectees;
otherwise, time-share proponents' points will be aggregated.
(1) Time-share proposals shall be in writing and signed by each time-share
proponent, and shall satisfy the following requirements:
(i) The proposal must specify the proposed hours of operation of each
time-share proponent;
(ii) The proposal must not include simultaneous operation of the time-share
proponents; and
(iii) Each time-share proponent must propose to operate for at least 10
hours per week.
(2) Where a station is authorized pursuant to a time-sharing proposal, a
change of the regular schedule set forth therein will be permitted only
where a written agreement signed by each time-sharing permittee or licensee
and complying with requirements in paragraphs (c)(1)(i) through (iii) of
this section is filed with the Commission, Attention: Audio Division, Media
Bureau, prior to the date of the change.
(3) Where a station is authorized pursuant to a voluntary time-sharing
proposal, the parties to the time-sharing agreement may apportion among
themselves any air time that, for any reason, becomes vacant.
(4) Concurrent license terms granted under paragraph (d) of this section may
be converted into voluntary time-sharing arrangements renewable pursuant to
§ 73.3539 by submitting a universal time-sharing proposal.
(d) Involuntary time-sharing. (1) If a tie among mutually exclusive
applications is not resolved through voluntary time-sharing in accordance
with paragraph (c) of this section, the tied applications will be reviewed
for acceptability. Applicants with tied, grantable applications will be
eligible for equal, concurrent, non-renewable license terms.
(2) If a mutually exclusive group has three or fewer tied, grantable
applications, the Commission will simultaneously grant these applications,
assigning an equal number of hours per week to each applicant. The
Commission will determine the hours assigned to each applicant by first
assigning hours to the applicant that has been local, as defined in
§ 73.853(b), for the longest uninterrupted period of time, then assigning
hours to the applicant that has been local for the next longest
uninterrupted period of time, and finally assigning hours to any remaining
applicant. The Commission will offer applicants an opportunity to
voluntarily reach a time-sharing agreement. In the event that applicants
cannot reach such agreement, the Commission will require each applicant
subject to involuntary time-sharing to simultaneously and confidentially
submit their preferred time slots to the Commission. If there are only two
tied, grantable applications, the applicants must select between the
following 12-hour time slots 3 a.m.-2:59 p.m., or 3 p.m.-2:59 a.m. If there
are three tied, grantable applications, each applicant must rank their
preference for the following 8-hour time slots: 2 a.m.-9:59 a.m., 10
a.m.-5:59 p.m., and 6 p.m.-1:59 a.m. The Commission will require the
applicants to certify that they did not collude with any other applicants in
the selection of time slots. The Commission will give preference to the
applicant that has been local for the longest uninterrupted period of time.
The Commission will award time in units as small as four hours per day. In
the event an applicant neglects to designate its preferred time slots, staff
will select a time slot for that applicant.
(3) Groups of more than three tied, grantable applications will not be
eligible for licensing under this section. Where such groups exist, the
Commission will dismiss all but the applications of the three applicants
that have been local, as defined in § 73.853(b), for the longest
uninterrupted periods of time. The Commission then will process the
remaining applications as set forth in paragraph (d)(2) of this section.
(4) If concurrent license terms granted under this section are converted
into universal voluntary time-sharing arrangements pursuant to paragraph
(c)(4) of this section, the permit or license is renewable pursuant to
§ § 73.801 and 73.3539.
(e) Settlements. Mutually exclusive applicants may propose a settlement at
any time during the selection process after the release of a public notice
announcing the mutually exclusive groups. Settlement proposals must comply
with the Commission's rules and policies regarding settlements, including
the requirements of § § 73.3525, 73.3588 and 73.3589. Settlement proposals may
include time-share agreements that comply with the requirements of paragraph
(c) of this section, provided that such agreements may not be filed for the
purpose of point aggregation outside of the 90 day period set forth in
paragraph (c) of this section.
[ 65 FR 7640 , Feb. 15, 2000, as amended at 65 FR 67304 , Nov. 9, 2000; 67 FR 13232 , Mar. 21, 2002; 73 FR 3217 , Jan. 17, 2008; 78 FR 2108 , Jan. 9, 2013]
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Goto Section: 73.871 | 73.873
Goto Year: 2014 |
2016
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