FCC Web Documents citing 73.853

as compiled by hallikainen.com/FccRules on 2012 07 01

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  • applicant must be a nonprofit educational organization, a nonprofit educational institution or must propose a noncommercial public safety radio service. Please note, when completing FCC Form 318, the name of the organization or institution must be entered in Section I, Question 1, in the box marked ``Legal Name of the Applicant.'' Applicants also must be community-based. See 47 C.F.R. § 73.853. Participation. Those wishing to participate in this LPFM window must electronically complete and timely file FCC Form 318, Application for Construction Permit for a Low Power FM Broadcast Station. No fee is required when filing FCC Form 318. Applications must be filed during the window. Applications filed earlier in the window will not receive any preference over those filed later
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  • applicant must be a nonprofit educational organization, a nonprofit educational institution or must propose a noncommercial public safety radio service. Please note, when completing FCC Form 318, the name of the organization or institution must be entered in Section I, Question 1, in the box marked ``Legal Name of the Applicant.'' Applicants also must be community-based. See 47 C.F.R. § 73.853. Participation. Those wishing to participate in this LPFM window must electronically complete and timely file FCC Form 318, Application for Construction Permit for a Low Power FM Broadcast Station. No fee is required when filing FCC Form 318. Applications must be filed during the window. Applications filed earlier in the window will not receive any preference over those filed later
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  • window. Ownership amendments that would result in more than a 50 % change in the ownership an applicant will not be permitted. Major change amendments will not be permitted to correct any technical defects other then third-adjacent channel short-spacings. Major changes in site are permitted. However, the application must continue to comply with the locality requirements of 47 C.F.R. § 73.853(b). The following records were excluded from the Channel Finder database to assist applicants in identifying available channels: (1) the applications listed in Appendices A and B of the Second LPFM R&O; (2) the applications listed in the appendix to this notice; and (3) the prematurely filed major change amendments referred to in the ``Participation'' section of this notice. The Channel
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  • was in error because the staff's decision was too narrowly drawn and is contrary to Commission precedent on the issue of corporate qualifications of broadcast applicants. According to the Commission's rules and procedures for LPFM applications, an applicant for an LPFM station must certify its eligibility to own and operate such station at the time it files its application. Section 73.853 of the Commission's rules states that an LPFM station may be licensed to a noncommercial educational (``NCE'') organization for the advancement of an educational program. The LPFM Report and Order states that the establishment of LPFM as a noncommercial service requires that LPFM licensees comply with the eligibility requirements of Section 397(6) of the Communications Act. Section 397(6) of the
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  • of the applications referenced the respective communities of license in any way or demonstrated ``a local purpose that can be distinguished from the purpose of the national organization with which it is affiliated.'' Without this evidence, the staff could not find that the purported ``local chapter'' had a distinct local presence and mission. Accordingly, the staff determined, pursuant to Section 73.853(b) and 73.858 of the Commission's rules, that the applications were patently defective and the applications were dismissed as inadvertently accepted for filing. The informal objections that were filed against these applications were dismissed as moot. On April 20, 2004, the applicants filed their Joint Petition. Discussion Joint Petition. In support of their Joint Petition, Petitioners submit a ``Joint Declaration'' and
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  • of the applications referenced the respective communities of license in any way or demonstrated ``a local purpose that can be distinguished from the purpose of the national organization with which it is affiliated.'' Without this evidence, the staff could not find that the purported ``local chapter'' had a distinct local presence and mission. Accordingly, the staff determined, pursuant to Section 73.853(b) and 73.858 of the Commission's rules, that the applications were patently defective and the applications, including that of CCS, were dismissed as inadvertently accepted for filing. The informal objections that were filed against these applications were dismissed as moot. On April 13, 2004, CCS filed its Petition for Reconsideration. Discussion Petition for Reconsideration. In its Petition for Reconsideration, CCS argues
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  • of the applications referenced the respective communities of license in any way or demonstrated ``a local purpose that can be distinguished from the purpose of the national organization with which it is affiliated.'' Without this evidence, the staff could not find that the purported ``local chapter'' had a distinct local presence and mission. Accordingly, the staff determined, pursuant to Section 73.853(b) and 73.858 of the Commission's rules, that the applications were patently defective and the applications, including that of CCY, were dismissed as inadvertently accepted for filing. The informal objections that were filed against these applications were dismissed as moot. On April 13, 2004, CCY filed its Petition for Reconsideration. Discussion Petition for Reconsideration. In its Petition for Reconsideration, CCY argues
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  • of the applications referenced the respective communities of license in any way or demonstrated ``a local purpose that can be distinguished from the purpose of the national organization with which it is affiliated.'' Without this evidence, the staff could not find that the purported ``local chapter'' had a distinct local presence and mission. Accordingly, the staff determined, pursuant to Section 73.853(b) and 73.858 of the Commission's rules, that the applications were patently defective and the applications, including that of CCMI, were dismissed as inadvertently accepted for filing. The informal objections that were filed against these applications were dismissed as moot. On April 13, 2004, CCMI filed its Petition for Reconsideration. Discussion Petition for Reconsideration. In its Petition for Reconsideration, CCMI argues
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  • of the applications referenced the respective communities of license in any way or demonstrated ``a local purpose that can be distinguished from the purpose of the national organization with which it is affiliated.'' Without this evidence, the staff could not find that the purported ``local chapter'' had a distinct local presence and mission. Accordingly, the staff determined, pursuant to Section 73.853(b) and 73.858 of the Commission's rules, that the applications were patently defective and the applications, including that of CCRSM, were dismissed as inadvertently accepted for filing. The informal objections that were filed against these applications were dismissed as moot. On April 15, 2004, CCRSM filed its Petition for Reconsideration. Discussion Petition for Reconsideration. In its Petition for Reconsideration, CCRSM argues
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  • of the applications referenced the respective communities of license in any way or demonstrated ``a local purpose that can be distinguished from the purpose of the national organization with which it is affiliated.'' Without this evidence, the staff could not find that the purported ``local chapter'' had a distinct local presence and mission. Accordingly, the staff determined, pursuant to Section 73.853(b) and 73.858 of the Commission's rules, that the applications were patently defective and the applications, including that of CCP, were dismissed as inadvertently accepted for filing. The informal objections that were filed against these applications were dismissed as moot. On April 13, 2004, CCP filed its Petition for Reconsideration. Discussion Petition for Reconsideration. In its Petition for Reconsideration, CCP argues
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  • We find the failure to serve by M&M Dayton does not prejudice NLG since both its Opposition to Petition for Reconsideration and its Informal Objection will be considered. See In re Josephine Broadcasting, 5 FCC Rcd 3162, 3163 (1990). 47 C.F.R. § 73.855. 47 C.F.R. § 73.871(a). 47 C.F.R §§ 1.65, 73.871(c)(4). 47 C.F.R. § 73.858(b). See 47 C.F.R. § 73.853. See also Instructions for FCC Form 318, Section II, Question 2 and FCC Form 318, Section II, Question 2 (``Organizational NCE applicants are private, non-profit entities such as non-profit foundations, corporations or associations. Individuals cannot qualify as organizational applicants.'') Creation of a Low Power Radio Service, Report and Order, 15 FCC Rcd 2205, 2213 (2005) (``LPFM Report and Order''). 47
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  • subject application, as well as related responsive pleadings. For the reasons set forth below, the NLG Objection is granted to the extent indicated, the subject application is dismissed, and the Klemesrud Petition and Motion to Strike and the M&M Motion for Leave are dismissed as moot. In its Objection, NLG states, among other things, that the M&M application violates section 73.853(b) of the Commission's Rules (the ``Rules''). Specifically, NLG states that the subject application is defective because M&M's proposed transmitter site is more than 10 miles from M&M's headquarters and more than 10 miles from the residences of 75% of its board members (the ``10 Mile Rule''). Section 73.853(b) of the Rules (``Licensing Requirements and Service'') provides, in pertinent part, that:
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  • of license, or demonstrated ``a local purpose that can be distinguished from the purpose of the national organization with which [CEC] is affiliated.'' Without this showing, the staff concluded that it could not find that the purported ``local chapter'' had a distinct local presence and mission. Because of Calvary Chapel's other non-LPFM broadcast authorizations, the staff determined, pursuant to Sections 73.853 and 73.858 of the Rules, that the Application was patently defective and dismissed it as inadvertently accepted for filing. The staff also dismissed the Objection as moot. On March 22, 2004, CEC filed its Petition. Discussion. CEC Petition. In its Petition, CEC argues that the Letter Decision incorrectly assumes that CEC is affiliated with other Calvary Chapel churches or the
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  • of license, or demonstrated ``a local purpose that can be distinguished from the purpose of the national organization with which [CCJ] is affiliated.'' Without this showing, the staff concluded that it could not find that the purported ``local chapter'' had a distinct local presence and mission. Because of Calvary Chapel's other non-LPFM broadcast authorizations, the staff determined, pursuant to Sections 73.853(b) and 73.858 of the Rules, that the Application was patently defective and dismissed it as inadvertently accepted for filing. On March 4, 2005, CCJ filed its Petition for Reconsideration. Discussion. Petition for Reconsideration. In its Petition for Reconsideration, CCJ argues that the Letter Decision incorrectly assumes that CCJ ``is part of a national organization, of which all affiliates or local
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  • in the 2002 Amendment and disclosed changes in the composition of Azalea Garden's governing board. Azalea Garden concedes that the application, as amended, specifies a transmitter site that is approximately twelve miles from Azalea Garden's headquarters and that less than 75 percent of Azalea Garden's board members reside within ten miles of this proposed site. Discussion. Local Applicant Requirement. Section 73.853(b) of the Commission's Rules (the ``Rules'') states that only local applicants will be permitted to apply for an LPFM station during the first two years after the service is made available. An applicant is considered local if (1) the applicant is physically headquartered within ten miles of the proposed transmitting site; or (2) 75 percent of its board members reside
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  • FMM's 2003 Amendment adds additional board members and should be considered an impermissible major amendment to the application under Section 73.871 of the Commission's Rules (the ``Rules''); and (4) FMM's corporate status has been forfeited, thus making it ineligible to hold an LPFM license. On March 27, 2003, FMM filed an Opposition to NLG's Objection. Discussion. Local Applicant Requirement. Section 73.853(b) of the Rules states that only local applicants will be permitted to apply for an LPFM station during the first two years after the service is made available. An applicant is considered local if: (1) the applicant is physically headquartered within ten miles of the proposed transmitting site; or (2) 75 percent of its board members reside within ten miles
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  • below, we deny the Petition. Background. MUMC and Mount Pisgah filed mutually exclusive applications for a construction permit to build a new LPFM station in Candler, North Carolina. MUMC Application Issues. On April 12, 2004, Mount Pisgah filed a Petition to Deny the MUMC application, first alleging that MUMC is not an incorporated, not-for-profit local entity as required by Section 73.853(a)(1) of the Commission's Rules (the ``Rules''). Mount Pisgah further alleged that, through its relationship to the broader United Methodist Church, MUMC has prohibited attributable interests in at least one LPFM station, as well as in other full-service broadcast stations. The Letter Decision initially found that MUMC had demonstrated that it was a bona fide unincorporated association recognized by North Carolina
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  • assume the responsibilities of completing construction and commencing on-air operations. Moreover, the terms of the assignment fall within the Commission's limits for a waiver of Section 73.865. SCPS will not profit from the transaction, CLM does not hold any other broadcast interests and CLM qualifies as a local entity under the licensing requirements for LPFM applicants as stated in Section 73.853 of the Commission's rules. Additionally, we have before us the informal objection filed and withdrawn by the Board. Even where a petition to deny or an objection is dismissed at the request of the filing party, the Commission considers the merits of that submission. In this case, the Board objected to the assignment because it had not authorized the transaction
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  • at 2. Id. at 5. Specifically, HFC notes that Section 73.503(a) provides that: ``A noncommercial education FM Broadcast station will be licensed only to a nonprofit educational organization and upon showing that the station will be used for the advancement of an educational program.'' 47 C.F.R. § 73. 503(a) (emphasis added). Id. at 6. See 47 C.F.R. §§ 73.503(a) (NCE), 73.853(a)(1) (LPFM). See FCC Form 318, Question II(2). See, e.g., NCE Second Order, 17 FCC Rcd at 13136 (2002) (acknowledging differences between applications filed under A/B cut-off procedures and those submitted in filing windows). See id. at n.18. Conversely, applications filed during filing windows are not subject to further competing applications after the window closes. See 47 C.F.R. § 73.3522(b) (1999).
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  • 408 F.2d 1257, 1264 (D.C. Cir. 1968). 47 C.F.R. § 73.870(b). Staff analysis has established that a rule-compliant minimum Class A NCE FM facility cannot be authorized in the Kilgore, Texas area. 47 C.F.R. § § 73.807, 73.808, 73.811, 73.812, 73.813, 73.816, 73.840, 73.845. 47 C.F.R. §§ 73.809, 73.810, 73.825, 73.827. 47 C.F.R. §§ 73.855, 73.858, 73.860. 47 C.F.R. §§ 73.853. 47 U.S.C. § 309(b). Ashbacker Radio Corp. v. FCC, 326 U.S. 327 (1945) (``Ashbacker'') (Under Ashbacker, the Commission may not grant one application without considering mutually exclusive proposals). 47 C.F.R. § 73.872. Federal Communications Commission Washington, D.C. 20554 January 31, 2007 DA 07-450 In Reply Refer to: 1800B3-BSH/LAS Released: January 31, 2007 hË ð ñ gdË h¶ / 6 ‚
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  • of CCB's and Iglesia's applications should be rescinded and that their applications be dismissed because neither permittee is physically headquartered or has a campus within 10 miles of the proposed site for the transmitting antenna nor are 75 per cent of the permittees' board members residing within 10 miles of the proposed site for the transmitting antenna, pursuant to Section 73.853(b)(1)(2) of the Rules. Metropole also alleges that the permittees were aware of this when they filed their applications, thus raising misrepresentation issues. In joint opposition, CCB and Iglesia state that Metropole's Petition should be dismissed because (1) the petition is procedurally defective as it has failed to demonstrate why Metropole could not have brought its allegations to the attention of
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  • that it is eligible to own and operate an LPFM station. In its Petition, NBCR argues that ICOP is not entitled to a point for ``established community presence'' because it has not met the requirements of Section 73.872 (b)(1) as well as alleging that the ICOP application was filed by and ``individual'' rather than an NCE organization, pursuant to Section 73.853(a) of the Commission's Rules. In its Petition, RNR argues that Samoan is not entitled to a grant of its application because it has failed to demonstrate that it is eligible to own and operate an LPFM station and that the ``wholesale replacement'' of Samoan's board constitutes an unauthorized transfer of control. RNR also submitted a technical study claiming that 75
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  • against minor modification applications, such as that of Fern Creek's here, we will treat the Petition as an Informal Objection under Section 73.3587 of the Rules. Substantive Matters. In the Petition, Fern Creek requests that we ``thoroughly review'' Brycc's qualifications as an LPFM licensee. It contends that (1) the Timeshare Site is outside the 10 mile radius required under Section 73.853 of the Rules; (2) Brycc's ownership has changed 100% since the original construction permit was issued, in violation of Section 73.865 of the Rules; and (3) Brycc does not qualify to be a LPFM licensee because it is not an educational institution, and that any educational affiliation it once had no longer exists. For the reasons set forth below, we
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  • it is untimely and will be dismissed. However, notwithstanding our dismissal of the Petition as untimely, we will briefly address the merits of Fern Creek's arguments. Substantive Matters. In the Petition, Fern Creek requests that we ``thoroughly review'' Brycc's qualifications as an LPFM licensee. It contends that (1) the Timeshare Site is outside the 10 mile radius required under Section 73.853 of the Rules; (2) Brycc's ownership has changed 100% since the original construction permit was issued, in violation of Section 73.865 of the Rules; and (3) Brycc does not qualify to be a LPFM licensee because it is not an educational institution, and that any educational affiliation it once had no longer exists. We reject these arguments for the reasons
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  • will continue to operate the station. Here, Zion acknowledges that on July 1, 2008, the college's primary campus was relocated to Haverhill, Massachusetts, after its permit had been granted, but states that it continued to own and offer limited courses at its Barrington, Rhode Island campus. Zion's maintenance of the Barrington campus meets both the definition of ``local'' in Section 73.853(b)(1) and the requirement for an ``established community presence'' point in Section 73.872(b)(1) because Zion maintains a campus within 10 miles of the coordinates of the proposed antenna site. 10. In the MO&O, the Commission found that BSR's newspaper article submissions as evidence of Zion's impending move could not provide a basis for disallowing Zion's comparative point for established community presence.
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  • watts or 10 watts, depending on their class. Their coverage generally extends three to five miles. Unless the purpose of the licensing entity is public safety, only one LPFM license may be granted per entity, and licensees may not hold attributable interests in any other regulated media entity, including broadcast stations. Id. at 2206, ¶ 1; 47 C.F.R. §§ 73.811, 73.853(a), 73.855. According to Commission data, 859 LPFM stations were licensed nationwide as of the end of 2010. Broadcast Station Totals as of December 31, 2010, FCC News Release (Feb. 11, 2011). LCRA § 8. Because Congress refers to ``full-power'' radio stations as ``full-service'' stations in the LCRA, we also use that terminology in this Public Notice. Id. Id. Arbitron currently
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  • and Amendment of Service and Eligibility Rules for FM Broadcast Translator Stations, Third Further Notice of Proposed Rule Making, 26 FCC Rcd 9986 (2011) (``Third Further Notice''). LCRA § 8(a). Id. § 8(b). Id. § 8(c). But see NAB Comments at 4 n.8 (suggesting that the Commission also consider the impact of LPFM stations on AM stations). 47 C.F.R. § 73.853. 47 C.F.R. §§ 73.801, 73.503(d). See 47 C.F.R. §§ 73.809, 73.810. See Appendix A.1. 47 C.F.R. § 73.855 (allowing not-for-profit organizations and governmental entities with a public safety purpose to own multiple LPFM licenses if one of the multiple licenses is submitted as a priority application and the remaining non-priority applications do not face a mutually exclusive challenge). 47 C.F.R.
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  • 3/4/10 at 4­5. 134 CPB Comments at 18­19. 135 Eric Newton Comments in re FOM PN, filed May 7, 2010. 136 See Creation of Low Power Radio Service, Report and Order, 15 FCC Rcd 2205, 2211-12 (2000) (Low Power Radio Svc. Order 2000). 137 See Low Power Radio Svc. Order 2000, 15 FCC Rcd at 2213. 138 47 C.F.R. § 73.853 (licensing requirement); 47 C.F.R. § 73.855 (ownership limits). In addition, former pirate radio operators are not eligible to hold an LPFM license. See 47 C.F.R. § 73.854. At one point, a single entity could own up to ten LPFM stations, but the Rules were revised in 2007 to restrict ownership of more than one LPFM station, with the notion that
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  • from interference which may be caused by the grant of a new LPFM station or of authority to modify an existing LPFM station, except as provided in Subpart G of this Part. 4. Section 73.807 is modified as follows: §73.807 Minimum distance separation between stations. Minimum separation requirements for LP100 and LP10 stations, as defined in Section 73.811 and Section 73.853 of this Part, are listed in the following subsections. An LPFM station will not be authorized unless these separations are met. Minimum distances for co-channel and first-adjacent channel are separated into two columns. The left-hand column lists the required minimum separation to protect other stations and the right-hand column lists (for informational purposes only) the minimum distance necessary for the
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  • Regulations is amended to read as follows: Part 73 - Radio Broadcast Services 1. The authority citation for Part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334, 336 2. Sections 73.807 is modified as follows: §73.807 Minimum distance separation between stations. Minimum separation requirements for LP100 and LP10 stations, as defined in Section 73.811 and Section 73.853 of this Part, are listed in the following subsections. An LPFM station will not be authorized unless these separations are met. Minimum distances for co-channel and first-adjacent channel are separated into two columns. The left-hand column lists the required minimum separation to protect other stations and the right-hand column lists (for informational purposes only) the minimum distance necessary for the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-64A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-64A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-64A1.txt
  • The audio alert must give the channel where the EAS messages are carried and be repeated for the duration of the EAS message. NOTE: Programmed channels do not include channels used for the transmission of data services such as Internet. (b) Class D non-commercial educational FM stations as defined in § 73.506, LPFM stations as defined in §§ 73.811 and 73.853, and LPTV stations as defined in § 74.701(f) are not required to comply with § 11.32. LPTV stations that operate as television broadcast translator stations, as defined in § 74.701(b) of this chapter, are not required to comply with the requirements of this part. FM broadcast booster stations as defined in § 74.1201(f) of this chapter and FM translator stations
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  • Before the Senate Committee on Commerce, Science, and Transportation (July 23, 2002), available at http://www.fcc.gov/commissioners/copps/statements2003.html. See 47 U.S.C. § 334(b) (mid-term review for television broadcast stations); 47 C.F.R. § 73.2080(f)(2) (mid-term review for radio and television broadcast stations). See Creation of Low Power Radio Service, 15 FCC Rcd 2205 (1999). See id. at 2211 ¶ 13. See 47 C.F.R. § 73.853(b). See id. § 73.872(b)(1). Id. § 73.872(b)(3). See D.C. Appropriations - FY 2001, Pub. L. No. 106-553, § 632, 114 Stat. 2762, 2762-A-111 (2000). See Public Notice, ``Comment Sought on the Mitre Corporation's Technical Report, `Experimental Measurements of the Third-Adjacent-Channel Impacts of Low-Power FM Stations,''' DA 03-2277 (July 11, 2003). We have extended the comment deadline until October 14, 2003.
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  • informal objection; on Nov. 15, 2004, CCG filed a ``Response'' to Lawyers Guild's informal objection and FMEMA's informal objection (``CCG Response''); on April 19, 2005, FMEMA filed separate Replies to the Responses of Faith Presbyterian and CCG; and on May 3, 2005, FMEMA filed a Reply to Civic Media's Response. See n.2, supra. 47 C.F.R. § 73.3587. See 47 C.F.R. §§73.853(b). See, e.g., FCC Form 318. Item 4 requires an applicant to certify that it either (1) is an educational institution or organization that is physically headquartered within 16.1 kilometers (10 miles) of the proposed transmitter site; (2) is an educational institution or organization with seventy-five percent (75%) of its board members residing within 16.1 kilometers from the transmitter site; or
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-191A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-191A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-191A1.txt
  • programmed channels to a predesignated channel that carries the required audio and video EAS messages or by any other method that ensures that viewers of all channels receive the EAS message. (b) Analog class D non-commercial educational FM stations as defined in § 73.506, digital class D non-commercial educational FM stations, analog LPFM stations as defined in §§ 73.811 and 73.853, digital LPFM stations, analog LPTV stations as defined in § 74.701(f), and digital LPTV stations as defined in § 74.701(k) are not required to comply with § 11.32. Analog and digital LPTV stations that operate as television broadcast translator stations, as defined in § 74.701(b) of this chapter, are not required to comply with the requirements of this part. FM
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-191A1_Erratum.doc
  • programmed channels to a predesignated channel that carries the required audio and video EAS messages or by any other method that ensures that viewers of all channels receive the EAS message. (b) Analog class D non-commercial educational FM stations as defined in § 73.506, digital class D non-commercial educational FM stations, analog LPFM stations as defined in §§ 73.811 and 73.853, digital LPFM stations, analog LPTV stations as defined in § 74.701(f), and digital LPTV stations as defined in § 74.701(k) are not required to comply with § 11.32. Analog and digital LPTV stations that operate as television broadcast translator stations, as defined in § 74.701(b) of this chapter, are not required to comply with the requirements of this part. FM
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-144A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-144A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-144A1.txt
  • LPFM station as a fill-in service similar to the proposed FM translator fill-in service during periods during which the AM station is not authorized to operate at its authorized daytime power? If this is deemed desirable, we seek comments on how this can be accomplished in a manner that is consistent with the LPFM eligibility and service rules, including Sections 73.853, 73.858, and 73.860 of the Rules. Program Origination Issue As explained above, the Commission has prohibited, with narrow exceptions, program origination over FM translator stations. Nevertheless, we tentatively conclude that daytime-only AM licensees should be permitted to originate programming over fill-in FM translators during the nighttime hours when their stations are not authorized to operate. There are 788 AM stations,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-204A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-204A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-204A1.txt
  • applications, our Second Order emphasized that local origination is ``intended to encourage licensees to maintain production facilities and a meaningful staff presence within the community served by the station.'' Even outside the limited context of mutually exclusive applications, we view local origination as a central virtue of the LPFM service and therefore will reinstate the eligibility restriction contained in Section 73.853(b) of the Rules to encourage local origination. We also wish to clarify our definition of local origination. According to Prometheus, a licensee could theoretically create one program, continually repeat it on a tape loop, and still claim it meets the definition of local origination. Prometheus asserts that in order to meet the local origination requirement, programming cannot be automated, including
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  • to originate locally at least eight hours of programming per day.'' See 47 C.F.R. § 73.872(b)(3). Creation of Low Power Radio Service, Second Order on Reconsideration and Further Notice of Proposed Rulemaking, 20 FCC Rcd 6763 (2005) (``LPFM Second Order'' and ``LPFM FNPRM''). 47 C.F.R. § 73.872(b)(3). LPFM FNPRM, 20 FCC Rcd at 6770-73 ¶¶ 17-23. See 47 C.F.R. §§ 73.853(b) (restricting applicant pool to local applicants for the first two years after LPFM licenses are made available for application); 73.855(b) (setting forth the phased-in ownership restrictions for LPFM). See LPFM FNPRM, 20 FCC Rcd at 6772 ¶ 20. Id. at 6774 ¶¶ 24-25. Id. at 6777-81 ¶¶ 31-36. Id. at 6780-81 ¶¶ 37-39. As discussed in paragraphs 131-39 of this
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  • Second Report and Order, 16 FCC Rcd 8026 (2001); Third Report and Order and Second Further Notice of Proposed Rulemaking, FCC 07-204 (rel. Dec. 11, 2007) (``Third Report and Order''). See Closed Groups of Pending Low Power FM Mutually Exclusive Applications Accepted for Filing, Public Notice, 19 FCC Rcd 4624 (2004). See 47 C.F.R. § 73.860. See 47 C.F.R. § 73.853(b). The Third Report and Order amends this rule section. Pursuant to the amended 47 C.F.R. § 73.853(b), "[o]nly local applicants will be permitted to submit applications." The amended rule takes effect on March 17, 2008. See 47 C.F.R. § 73.872. See id. See id. See Calvary Chapel application at Section III, Question 1(a); see also Exhibit 7. See PBSOC application
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  • least two years prior to filing its application. Sonido's incorporation on February 29, 2000, slightly more than one year before it filed its application, does not demonstrate the ``longstanding organizational ties'' to Naples envisioned by the Rule. Although the information Sonido submitted is sufficient to demonstrate that Sonido is ``community-based'' for purposes of fulfilling the basic eligibility requirement under Section 73.853(b), it fails to demonstrate the ``established community presence'' under Section 73.872(b)(1) of the Rules necessary to entitle it to claim the comparative point for the criterion set forth in Section 73.872(b)(1). Accordingly, we find that Sonido is not entitled to the point for ``established community presence.'' 8. WTL Informal Objection. In its Objection, WTL asserts that NTHR improperly claimed a
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  • it was appropriate to include as part of WLR's application; and it had no knowledge about whether its counsel provided a similar draft to his other LPFM clients. 4. Pursuant to the applicable Rules and procedures, an applicant for an LPFM station must certify its eligibility to own and operate such station at the time it files its application. Section 73.853(a)(1) of the Rules states that an LPFM station may be licensed to a noncommercial educational (``NCE'') organization for the advancement of an educational program. Because individuals are not eligible to own and operate LPFM stations, the certification requires that the applicant be a noncommercial educational institution, corporation, or entity that is recognized under state law. Thus, an LPFM applicant must
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  • it was appropriate to include as part of JBN's application; it had no knowledge about whether its counsel had provided a similar draft to his other LPFM clients. 4. Pursuant to the applicable Rules and procedures, an applicant for an LPFM station must certify its eligibility to own and operate such station at the time it files its application. Section 73.853(a)(1) of the Rules states that an LPFM station may be licensed to a noncommercial educational (``NCE'') organization for the advancement of an educational program. Because individuals are not eligible to own and operate LPFM stations, the certification requires that the applicant be a noncommercial educational institution, corporation, or entity that is recognized under state law. Thus, an LPFM applicant must
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-38A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-38A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-38A1.txt
  • its application. Hayden's incorporation during the same year that it filed its application does not demonstrate the ``longstanding organizational ties'' to Hayden envisioned by the rule. Although the information Hayden submits regarding the local residence of the members of its governing board is sufficient to demonstrate that Hayden is ``community-based'' for purposes of fulfilling the basic eligibility requirement under Section 73.853(b), it is not sufficient to demonstrate that it had an ``established community presence'' for two years prior to the filing of the application, entitling it to claim the comparative point for the criterion set forth in Section 73.872(b)(1). 11. Finally, Hayden's contention that a corporation, as a legal entity, is incapable of establishing a community presence, as opposed to the
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  • not registered with the State and did not file its Articles until May 3, 2004. RVCR did not respond to either WTL's Objection or the January 2006 Supplement. 6. Pursuant to the applicable Rules and procedures, an applicant for an LPFM station must certify its eligibility to own and operate such station at the time it files its application. Section 73.853 of the Rules states that an LPFM station may be licensed to a noncommercial educational (``NCE'') organization for the advancement of an educational program. The LPFM Report and Order states that the establishment of LPFM as a noncommercial service requires that licensees comply with the eligibility requirements of Section 397(6) of the Communications Act of 1934, as amended (the ``Act'').
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  • February 23, 2000. MKWS states that it ``was incorporated in Cincinnati, Ohio, on March 18, 1996, and has been an active part of the community since that time.'' 5. Pursuant to the applicable Rules and procedures, an applicant for an LPFM station must certify its eligibility to own and operate such station at the time it files its application. Section 73.853 of the Rules states that an LPFM station may be licensed to a noncommercial educational (``NCE'') organization for the advancement of an educational program. The LPFM Report and Order states that the establishment of LPFM as a noncommercial service requires that licensees comply with the eligibility requirements of Section 397(6) of the Communications Act of 1934, as amended (the ``Act'').
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  • two years prior to filing its application. ACL's incorporation one month before filing its application does not demonstrate the ``longstanding organizational ties'' to Anchorage envisioned by the Rule. Although the information that ACL has submitted regarding the local residence of members of its governing board demonstrates that ACL is community-based for purposes of fulfilling the basic eligibility requirement under Section 73.853(b), it is not sufficient to demonstrate that it had an ``established community presence'' for two years prior to the filing of the application, entitling ACL to claim the comparative point for the criterion set forth in Section 73.872(b)(1). 11. Finally, ACL's contention that a corporation, as a legal entity, is incapable of establishing a community presence, as opposed to the
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  • unincorporated association that has been active in Rhode Island since May 1, 1995,'' but it does not identify that organization or provide any documentation supporting this assertion. 5. In its petitions, BSR also argues that both Casa and Ephese are ``pure'' churches that did not exist as educational organizations, and therefore, are not eligible for the subject construction permit. Section 73.853 of the Commission's Rules (the ``Rules'') provides that an LPFM station may be licensed to a non-commercial educational (``NCE'') organization for the advancement of an educational program. In the LPFM Report and Order, the Commission stated that the establishment of LPFM as a noncommercial educational service requires that licensees comply with the eligibility requirements of Section 397(6) of the Communications
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  • denial by the Media Bureau, Audio Division (the ``Bureau''), of a petition for reconsideration of the Bureau's dismissal of an application for a construction permit for a new Low Power FM (``LPFM'') Station at Lady Lake, Florida. The Bureau found the Application defective because at the time of filing BOLES did not meet the eligibility criteria set forth in Section 73.853 of the Commission's rules for holding an LPFM station license. 2. Upon review of the Application for Review and the entire record, we conclude that BOL has failed to demonstrate that the Bureau erred. The Media Bureau properly decided the matters raised, and we uphold its decision for the reasons stated in its Letter. 3. ACCORDINGLY, IT IS ORDERED that,
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  • stations, which are not subject to I.F. protection requirements. We note that FM allotments would continue to be protected on the I.F. channels based on existing international agreements. We seek comment on this proposal. Eligibility and Ownership Requirement That Applicant Be Community-Based The LPFM service is reserved solely to non-profit, community-based entities. However, we believe that the wording of Section 73.853 of the rules is unclear and could be read to require that an applicant be ``local'' only at the time of application. Such a reading would contravene our intent in adopting - and reinstating - the local ownership requirement, which rested on our predictive judgment that ``local entities with their roots in the community will be more attuned and responsive
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00349.pdf
  • by the grant of a new LPFM station or of authority to modify an existing LPFM station, except as provided in Subpart G of this Part. 4. Section 73.807 is modified as follows: Federal Communications Commission FCC 00-349 45 §73.807 Minimum distance separation between stations. Minimum separation requirements for LP100 and LP10 stations, as defined in Section 73.811 and Section 73.853 of this Part, are listed in the following subsections. An LPFM station will not be authorized unless these separations are met. Minimum distances for co-channel and first- adjacent channel are separated into two columns. The left-hand column lists the required minimum separation to protect other stations and the right-hand column lists (for informational purposes only) the minimum distance necessary for
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01100.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01100.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01100.txt
  • Regulations is amended to read as follows: Part 73 - Radio Broadcast Services 1. The authority citation for Part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334, 336 2. Sections 73.807 is modified as follows: §73.807 Minimum distance separation between stations. Minimum separation requirements for LP100 and LP10 stations, as defined in Section 73.811 and Section 73.853 of this Part, are listed in the following subsections. An LPFM station will not be authorized unless these separations are met. Minimum distances for co-channel and first-adjacent channel are separated into two columns. The left-hand column lists the required minimum separation to protect other stations and the right-hand column lists (for informational purposes only) the minimum distance necessary for the
• http://transition.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/2001/da010904.doc http://transition.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/2001/da010904.html http://transition.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/2001/da010904.txt
  • applicant must be a nonprofit educational organization, a nonprofit educational institution or must propose a noncommercial public safety radio service. Please note, when completing FCC Form 318, the name of the organization or institution must be entered in Section I, Question 1, in the box marked ``Legal Name of the Applicant.'' Applicants also must be community-based. See 47 C.F.R. § 73.853. Participation. Those wishing to participate in this LPFM window must electronically complete and timely file FCC Form 318, Application for Construction Permit for a Low Power FM Broadcast Station. No fee is required when filing FCC Form 318. Applications must be filed during the window. Applications filed earlier in the window will not receive any preference over those filed later
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  • FM allotments. See 47 C.F.R. §§ 73.807 and 73.825. An LPFM application that fails to protect these authorizations, applications, and allotments will be dismissed with no opportunity to correct the deficiency. Applicants must be a nonprofit educational organization, a nonprofit educational institution or must propose a noncommercial public safety radio service. Applicants also must be community-based. See 47 C.F.R. § 73.853. , and may also be obtained by calling (202)-418-FORM. No fee is required when filing FCC Form 318. Applications must be filed during the window. Applications filed earlier in the window will not receive any preference over those filed later in the window. Applications filed before May 30, 2000 or after June 5, 2000 will be returned. Incomplete and patently
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  • applicant must be a nonprofit educational organization, a nonprofit educational institution or must propose a noncommercial public safety radio service. Please note, when completing FCC Form 318, the name of the organization or institution must be entered in Section I, Question 1, in the box marked ``Legal Name of the Applicant.'' Applicants also must be community-based. See 47 C.F.R. § 73.853. , and may also be obtained by calling (202)-418-FORM. No fee is required when filing FCC Form 318. Applications must be filed during the window. Applications filed earlier in the window will not receive any preference over those filed later in the window. Applications filed before August 28, 2000 or after September 1, 2000 will be returned. Incomplete and patently
• http://transition.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da002831.doc http://transition.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da002831.html http://transition.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da002831.txt
  • applicant must be a nonprofit educational organization, a nonprofit educational institution or must propose a noncommercial public safety radio service. Please note, when completing FCC Form 318, the name of the organization or institution must be entered in Section I, Question 1, in the box marked ``Legal Name of the Applicant.'' Applicants also must be community-based. See 47 C.F.R. § 73.853. Participation. Those wishing to participate in this LPFM window must electronically complete and timely file FCC Form 318, Application for Construction Permit for a Low Power FM Broadcast Station. No fee is required when filing FCC Form 318. Applications must be filed during the window. Applications filed earlier in the window will not receive any preference over those filed later
• http://transition.fcc.gov/eb/Orders/2002/FCC-02-64A1.html
  • emergency message. The audio alert must give the channel where the EAS messages are carried and be repeated for the duration of the EAS message. NOTE: Programmed channels do not include channels used for the transmission of data services such as Internet. (b) Class D non-commercial educational FM stations as defined in 73.506, LPFM stations as defined in 73.811 and 73.853, and LPTV stations as defined in 74.701(f) are not required to comply with 11.32. LPTV stations that operate as television broadcast translator stations, as defined in 74.701(b) of this chapter, are not required to comply with the requirements of this part. FM broadcast booster stations as defined in 74.1201(f) of this chapter and FM translator stations as defined in 74.1201(a)
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-191A1.html
  • switch all programmed channels to a predesignated channel that carries the required audio and video EAS messages or by any other method that ensures that viewers of all channels receive the EAS message. (b) Analog class D non-commercial educational FM stations as defined in 73.506, digital class D non-commercial educational FM stations, analog LPFM stations as defined in 73.811 and 73.853, digital LPFM stations, analog LPTV stations as defined in 74.701(f), and digital LPTV stations as defined in 74.701(k) are not required to comply with 11.32. Analog and digital LPTV stations that operate as television broadcast translator stations, as defined in 74.701(b) of this chapter, are not required to comply with the requirements of this part. FM broadcast booster stations as
• http://transition.fcc.gov/eb/bc-chklsts/EB18LPFM06_2008.pdf
  • [See 73.1201] 7. IDENTIFICATION: Is the station identification made in accordance with 73.1201? NOTE: The call signs for LPFM stations will include the suffix "-LP". Required station identification must include the full call sign and suffix. E. NON-COMMERCIAL STATUS: LPFM is a noncommercial educational service. An LPFM station may be licensed only to nonprofit or noncommercial entities. [See 73.503 and 73.853] 8. COMMERCIAL FREE OPERATION: Is the station maintaining its non-commercial status? [See 73.503 and 73.853] F. RETRANSMISSION: An LPFM licensee may not retransmit, either terrestrially or via satellite, the signal of a full-power radio broadcast station. [See 73.879] 9. AUDIO SOURCE: Is 100% of the programming on this station from sources other than a full-power radio broadcast station? [See 73.879]
• http://transition.fcc.gov/fcc-bin/audio/FCC-12-28A1.doc http://transition.fcc.gov/fcc-bin/audio/FCC-12-28A1.pdf
  • stations, which are not subject to I.F. protection requirements. We note that FM allotments would continue to be protected on the I.F. channels based on existing international agreements. We seek comment on this proposal. Eligibility and Ownership Requirement That Applicant Be Community-Based The LPFM service is reserved solely to non-profit, community-based entities. However, we believe that the wording of Section 73.853 of the rules is unclear and could be read to require that an applicant be ``local'' only at the time of application. Such a reading would contravene our intent in adopting - and reinstating - the local ownership requirement, which rested on our predictive judgment that ``local entities with their roots in the community will be more attuned and responsive
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • [394]PDF 73.813 Determination of antenna height above average terrain (HAAT). [395]TEXT [396]PDF 73.816 Antennas. [397]TEXT [398]PDF 73.825 Protection to reception of TV channel 6. [399]TEXT [400]PDF 73.827 Interference to the input signals of FM translator or FM booster stations. [401]TEXT [402]PDF 73.840 Operating power and mode tolerances. [403]TEXT [404]PDF 73.845 Transmission system operation. [405]TEXT [406]PDF 73.850 Operating schedule. [407]TEXT [408]PDF 73.853 Licensing requirements and service. [409]TEXT [410]PDF 73.854 Unlicensed operations. [411]TEXT [412]PDF 73.855 Ownership limits. [413]TEXT [414]PDF 73.858 Attribution of LPFM station interests. [415]TEXT [416]PDF 73.860 Cross-ownership. [417]TEXT [418]PDF 73.865 Assignment and transfer of LPFM authorizations. [419]TEXT [420]PDF 73.870 Processing of LPFM broadcast station applications. [421]TEXT [422]PDF 73.871 Amendment of LPFM broadcast station applications. [423]TEXT [424]PDF 73.872 Selection procedure for mutually
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/err00019.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/err00019.txt
  • to read ``7.3 km or less'' instead of ``Less than 7.3 km.'' Second, the sub-paragraph numbers are corrected to read (e) instead of (f), (f) instead of (g) and (g) instead of (h). The corrected Rule appears below: § 73.807 Minimum distance separation between stations. Minimum separation requirements for LP100 and LP10 stations, as defined in § 73.811 and § 73.853 of this part, are listed in the following paragraphs. An LPFM station will not be authorized unless these separations are met. Minimum distances for co-channel and first-adjacent channel are separated into two columns. The left-hand column lists the required minimum separation to protect other stations and the right-hand column lists (for informational purposes only) the minimum distance necessary for the
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fc00019a.doc
  • the ``Timetable - Broadcast Stations'' table in §11.11 as follows: Requirement AM & FM TV FM Class D LPTV LPFM * * * * * * * * * * * * * * * N Y Y N Y (b) Class D noncommercial educational FM stations as defined in § 73.506, LPFM stations as defined in §§ 73.811 and 73.853, and LPTV stations as defined in § 74.701(f) are not required to comply with §11.32. * * * * * * * * 3. Section 11.51 is amended to read as follows: §11.51 EAS code and Attention Signal Transmission requirements. * * * * * (e) Class D non-commercial educational FM stations as defined in §73.506 of this chapter, Low
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00349.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00349.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00349.txt
  • from interference which may be caused by the grant of a new LPFM station or of authority to modify an existing LPFM station, except as provided in Subpart G of this Part. 4. Section 73.807 is modified as follows: §73.807 Minimum distance separation between stations. Minimum separation requirements for LP100 and LP10 stations, as defined in Section 73.811 and Section 73.853 of this Part, are listed in the following subsections. An LPFM station will not be authorized unless these separations are met. Minimum distances for co-channel and first-adjacent channel are separated into two columns. The left-hand column lists the required minimum separation to protect other stations and the right-hand column lists (for informational purposes only) the minimum distance necessary for the
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01100.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01100.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01100.txt
  • Regulations is amended to read as follows: Part 73 - Radio Broadcast Services 1. The authority citation for Part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334, 336 2. Sections 73.807 is modified as follows: §73.807 Minimum distance separation between stations. Minimum separation requirements for LP100 and LP10 stations, as defined in Section 73.811 and Section 73.853 of this Part, are listed in the following subsections. An LPFM station will not be authorized unless these separations are met. Minimum distances for co-channel and first-adjacent channel are separated into two columns. The left-hand column lists the required minimum separation to protect other stations and the right-hand column lists (for informational purposes only) the minimum distance necessary for the
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/2001/da010904.doc http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/2001/da010904.html http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/2001/da010904.txt
  • applicant must be a nonprofit educational organization, a nonprofit educational institution or must propose a noncommercial public safety radio service. Please note, when completing FCC Form 318, the name of the organization or institution must be entered in Section I, Question 1, in the box marked ``Legal Name of the Applicant.'' Applicants also must be community-based. See 47 C.F.R. § 73.853. Participation. Those wishing to participate in this LPFM window must electronically complete and timely file FCC Form 318, Application for Construction Permit for a Low Power FM Broadcast Station. No fee is required when filing FCC Form 318. Applications must be filed during the window. Applications filed earlier in the window will not receive any preference over those filed later
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da000914.doc http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da000914.html http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da000914.txt
  • FM allotments. See 47 C.F.R. §§ 73.807 and 73.825. An LPFM application that fails to protect these authorizations, applications, and allotments will be dismissed with no opportunity to correct the deficiency. Applicants must be a nonprofit educational organization, a nonprofit educational institution or must propose a noncommercial public safety radio service. Applicants also must be community-based. See 47 C.F.R. § 73.853. , and may also be obtained by calling (202)-418-FORM. No fee is required when filing FCC Form 318. Applications must be filed during the window. Applications filed earlier in the window will not receive any preference over those filed later in the window. Applications filed before May 30, 2000 or after June 5, 2000 will be returned. Incomplete and patently
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da001697.doc http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da001697.html http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da001697.txt
  • applicant must be a nonprofit educational organization, a nonprofit educational institution or must propose a noncommercial public safety radio service. Please note, when completing FCC Form 318, the name of the organization or institution must be entered in Section I, Question 1, in the box marked ``Legal Name of the Applicant.'' Applicants also must be community-based. See 47 C.F.R. § 73.853. , and may also be obtained by calling (202)-418-FORM. No fee is required when filing FCC Form 318. Applications must be filed during the window. Applications filed earlier in the window will not receive any preference over those filed later in the window. Applications filed before August 28, 2000 or after September 1, 2000 will be returned. Incomplete and patently
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da002831.doc http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da002831.html http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da002831.txt
  • applicant must be a nonprofit educational organization, a nonprofit educational institution or must propose a noncommercial public safety radio service. Please note, when completing FCC Form 318, the name of the organization or institution must be entered in Section I, Question 1, in the box marked ``Legal Name of the Applicant.'' Applicants also must be community-based. See 47 C.F.R. § 73.853. Participation. Those wishing to participate in this LPFM window must electronically complete and timely file FCC Form 318, Application for Construction Permit for a Low Power FM Broadcast Station. No fee is required when filing FCC Form 318. Applications must be filed during the window. Applications filed earlier in the window will not receive any preference over those filed later
• http://www.fcc.gov/eb/Orders/2002/FCC-02-64A1.html
  • emergency message. The audio alert must give the channel where the EAS messages are carried and be repeated for the duration of the EAS message. NOTE: Programmed channels do not include channels used for the transmission of data services such as Internet. (b) Class D non-commercial educational FM stations as defined in 73.506, LPFM stations as defined in 73.811 and 73.853, and LPTV stations as defined in 74.701(f) are not required to comply with 11.32. LPTV stations that operate as television broadcast translator stations, as defined in 74.701(b) of this chapter, are not required to comply with the requirements of this part. FM broadcast booster stations as defined in 74.1201(f) of this chapter and FM translator stations as defined in 74.1201(a)
• http://www.fcc.gov/eb/Orders/2005/FCC-05-191A1.html
  • switch all programmed channels to a predesignated channel that carries the required audio and video EAS messages or by any other method that ensures that viewers of all channels receive the EAS message. (b) Analog class D non-commercial educational FM stations as defined in 73.506, digital class D non-commercial educational FM stations, analog LPFM stations as defined in 73.811 and 73.853, digital LPFM stations, analog LPTV stations as defined in 74.701(f), and digital LPTV stations as defined in 74.701(k) are not required to comply with 11.32. Analog and digital LPTV stations that operate as television broadcast translator stations, as defined in 74.701(b) of this chapter, are not required to comply with the requirements of this part. FM broadcast booster stations as
• http://www.fcc.gov/fcc-bin/audio/DA-06-1480A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1480A1.pdf
  • We find the failure to serve by M&M Dayton does not prejudice NLG since both its Opposition to Petition for Reconsideration and its Informal Objection will be considered. See In re Josephine Broadcasting, 5 FCC Rcd 3162, 3163 (1990). 47 C.F.R. § 73.855. 47 C.F.R. § 73.871(a). 47 C.F.R §§ 1.65, 73.871(c)(4). 47 C.F.R. § 73.858(b). See 47 C.F.R. § 73.853. See also Instructions for FCC Form 318, Section II, Question 2 and FCC Form 318, Section II, Question 2 (``Organizational NCE applicants are private, non-profit entities such as non-profit foundations, corporations or associations. Individuals cannot qualify as organizational applicants.'') Creation of a Low Power Radio Service, Report and Order, 15 FCC Rcd 2205, 2213 (2005) (``LPFM Report and Order''). 47
• http://www.fcc.gov/fcc-bin/audio/DA-06-1925A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1925A1.pdf
  • subject application, as well as related responsive pleadings. For the reasons set forth below, the NLG Objection is granted to the extent indicated, the subject application is dismissed, and the Klemesrud Petition and Motion to Strike and the M&M Motion for Leave are dismissed as moot. In its Objection, NLG states, among other things, that the M&M application violates section 73.853(b) of the Commission's Rules (the ``Rules''). Specifically, NLG states that the subject application is defective because M&M's proposed transmitter site is more than 10 miles from M&M's headquarters and more than 10 miles from the residences of 75% of its board members (the ``10 Mile Rule''). Section 73.853(b) of the Rules (``Licensing Requirements and Service'') provides, in pertinent part, that:
• http://www.fcc.gov/fcc-bin/audio/DA-07-1268A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1268A1.pdf
  • of license, or demonstrated ``a local purpose that can be distinguished from the purpose of the national organization with which [CCJ] is affiliated.'' Without this showing, the staff concluded that it could not find that the purported ``local chapter'' had a distinct local presence and mission. Because of Calvary Chapel's other non-LPFM broadcast authorizations, the staff determined, pursuant to Sections 73.853(b) and 73.858 of the Rules, that the Application was patently defective and dismissed it as inadvertently accepted for filing. On March 4, 2005, CCJ filed its Petition for Reconsideration. Discussion. Petition for Reconsideration. In its Petition for Reconsideration, CCJ argues that the Letter Decision incorrectly assumes that CCJ ``is part of a national organization, of which all affiliates or local
• http://www.fcc.gov/fcc-bin/audio/DA-07-1933A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1933A1.pdf
  • in the 2002 Amendment and disclosed changes in the composition of Azalea Garden's governing board. Azalea Garden concedes that the application, as amended, specifies a transmitter site that is approximately twelve miles from Azalea Garden's headquarters and that less than 75 percent of Azalea Garden's board members reside within ten miles of this proposed site. Discussion. Local Applicant Requirement. Section 73.853(b) of the Commission's Rules (the ``Rules'') states that only local applicants will be permitted to apply for an LPFM station during the first two years after the service is made available. An applicant is considered local if (1) the applicant is physically headquartered within ten miles of the proposed transmitting site; or (2) 75 percent of its board members reside
• http://www.fcc.gov/fcc-bin/audio/DA-07-1934A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1934A1.pdf
  • FMM's 2003 Amendment adds additional board members and should be considered an impermissible major amendment to the application under Section 73.871 of the Commission's Rules (the ``Rules''); and (4) FMM's corporate status has been forfeited, thus making it ineligible to hold an LPFM license. On March 27, 2003, FMM filed an Opposition to NLG's Objection. Discussion. Local Applicant Requirement. Section 73.853(b) of the Rules states that only local applicants will be permitted to apply for an LPFM station during the first two years after the service is made available. An applicant is considered local if: (1) the applicant is physically headquartered within ten miles of the proposed transmitting site; or (2) 75 percent of its board members reside within ten miles
• http://www.fcc.gov/fcc-bin/audio/DA-07-2679A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-2679A1.pdf
  • below, we deny the Petition. Background. MUMC and Mount Pisgah filed mutually exclusive applications for a construction permit to build a new LPFM station in Candler, North Carolina. MUMC Application Issues. On April 12, 2004, Mount Pisgah filed a Petition to Deny the MUMC application, first alleging that MUMC is not an incorporated, not-for-profit local entity as required by Section 73.853(a)(1) of the Commission's Rules (the ``Rules''). Mount Pisgah further alleged that, through its relationship to the broader United Methodist Church, MUMC has prohibited attributable interests in at least one LPFM station, as well as in other full-service broadcast stations. The Letter Decision initially found that MUMC had demonstrated that it was a bona fide unincorporated association recognized by North Carolina
• http://www.fcc.gov/fcc-bin/audio/DA-07-3541A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-3541A1.pdf
  • assume the responsibilities of completing construction and commencing on-air operations. Moreover, the terms of the assignment fall within the Commission's limits for a waiver of Section 73.865. SCPS will not profit from the transaction, CLM does not hold any other broadcast interests and CLM qualifies as a local entity under the licensing requirements for LPFM applicants as stated in Section 73.853 of the Commission's rules. Additionally, we have before us the informal objection filed and withdrawn by the Board. Even where a petition to deny or an objection is dismissed at the request of the filing party, the Commission considers the merits of that submission. In this case, the Board objected to the assignment because it had not authorized the transaction
• http://www.fcc.gov/fcc-bin/audio/DA-07-4389A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4389A1.pdf
  • at 2. Id. at 5. Specifically, HFC notes that Section 73.503(a) provides that: ``A noncommercial education FM Broadcast station will be licensed only to a nonprofit educational organization and upon showing that the station will be used for the advancement of an educational program.'' 47 C.F.R. § 73. 503(a) (emphasis added). Id. at 6. See 47 C.F.R. §§ 73.503(a) (NCE), 73.853(a)(1) (LPFM). See FCC Form 318, Question II(2). See, e.g., NCE Second Order, 17 FCC Rcd at 13136 (2002) (acknowledging differences between applications filed under A/B cut-off procedures and those submitted in filing windows). See id. at n.18. Conversely, applications filed during filing windows are not subject to further competing applications after the window closes. See 47 C.F.R. § 73.3522(b) (1999).
• http://www.fcc.gov/fcc-bin/audio/DA-07-450A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-450A1.pdf
  • 408 F.2d 1257, 1264 (D.C. Cir. 1968). 47 C.F.R. § 73.870(b). Staff analysis has established that a rule-compliant minimum Class A NCE FM facility cannot be authorized in the Kilgore, Texas area. 47 C.F.R. § § 73.807, 73.808, 73.811, 73.812, 73.813, 73.816, 73.840, 73.845. 47 C.F.R. §§ 73.809, 73.810, 73.825, 73.827. 47 C.F.R. §§ 73.855, 73.858, 73.860. 47 C.F.R. §§ 73.853. 47 U.S.C. § 309(b). Ashbacker Radio Corp. v. FCC, 326 U.S. 327 (1945) (``Ashbacker'') (Under Ashbacker, the Commission may not grant one application without considering mutually exclusive proposals). 47 C.F.R. § 73.872. Federal Communications Commission Washington, D.C. 20554 January 31, 2007 DA 07-450 In Reply Refer to: 1800B3-BSH/LAS Released: January 31, 2007 hË ð ñ gdË h¶ / 6 ‚
• http://www.fcc.gov/fcc-bin/audio/DA-08-2309A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-2309A1.pdf
  • of CCB's and Iglesia's applications should be rescinded and that their applications be dismissed because neither permittee is physically headquartered or has a campus within 10 miles of the proposed site for the transmitting antenna nor are 75 per cent of the permittees' board members residing within 10 miles of the proposed site for the transmitting antenna, pursuant to Section 73.853(b)(1)(2) of the Rules. Metropole also alleges that the permittees were aware of this when they filed their applications, thus raising misrepresentation issues. In joint opposition, CCB and Iglesia state that Metropole's Petition should be dismissed because (1) the petition is procedurally defective as it has failed to demonstrate why Metropole could not have brought its allegations to the attention of
• http://www.fcc.gov/fcc-bin/audio/DA-08-2509A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-2509A1.pdf
  • that it is eligible to own and operate an LPFM station. In its Petition, NBCR argues that ICOP is not entitled to a point for ``established community presence'' because it has not met the requirements of Section 73.872 (b)(1) as well as alleging that the ICOP application was filed by and ``individual'' rather than an NCE organization, pursuant to Section 73.853(a) of the Commission's Rules. In its Petition, RNR argues that Samoan is not entitled to a grant of its application because it has failed to demonstrate that it is eligible to own and operate an LPFM station and that the ``wholesale replacement'' of Samoan's board constitutes an unauthorized transfer of control. RNR also submitted a technical study claiming that 75
• http://www.fcc.gov/fcc-bin/audio/DA-09-2470A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2470A1.pdf
  • against minor modification applications, such as that of Fern Creek's here, we will treat the Petition as an Informal Objection under Section 73.3587 of the Rules. Substantive Matters. In the Petition, Fern Creek requests that we ``thoroughly review'' Brycc's qualifications as an LPFM licensee. It contends that (1) the Timeshare Site is outside the 10 mile radius required under Section 73.853 of the Rules; (2) Brycc's ownership has changed 100% since the original construction permit was issued, in violation of Section 73.865 of the Rules; and (3) Brycc does not qualify to be a LPFM licensee because it is not an educational institution, and that any educational affiliation it once had no longer exists. For the reasons set forth below, we
• http://www.fcc.gov/fcc-bin/audio/DA-09-2613A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2613A1.pdf
  • it is untimely and will be dismissed. However, notwithstanding our dismissal of the Petition as untimely, we will briefly address the merits of Fern Creek's arguments. Substantive Matters. In the Petition, Fern Creek requests that we ``thoroughly review'' Brycc's qualifications as an LPFM licensee. It contends that (1) the Timeshare Site is outside the 10 mile radius required under Section 73.853 of the Rules; (2) Brycc's ownership has changed 100% since the original construction permit was issued, in violation of Section 73.865 of the Rules; and (3) Brycc does not qualify to be a LPFM licensee because it is not an educational institution, and that any educational affiliation it once had no longer exists. We reject these arguments for the reasons
• http://www.fcc.gov/fcc-bin/audio/DA-11-1113A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1113A1.pdf
  • will continue to operate the station. Here, Zion acknowledges that on July 1, 2008, the college's primary campus was relocated to Haverhill, Massachusetts, after its permit had been granted, but states that it continued to own and offer limited courses at its Barrington, Rhode Island campus. Zion's maintenance of the Barrington campus meets both the definition of ``local'' in Section 73.853(b)(1) and the requirement for an ``established community presence'' point in Section 73.872(b)(1) because Zion maintains a campus within 10 miles of the coordinates of the proposed antenna site. 10. In the MO&O, the Commission found that BSR's newspaper article submissions as evidence of Zion's impending move could not provide a basis for disallowing Zion's comparative point for established community presence.
• http://www.fcc.gov/fcc-bin/audio/DA-12-2A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-2A1.pdf
  • and Amendment of Service and Eligibility Rules for FM Broadcast Translator Stations, Third Further Notice of Proposed Rule Making, 26 FCC Rcd 9986 (2011) (``Third Further Notice''). LCRA § 8(a). Id. § 8(b). Id. § 8(c). But see NAB Comments at 4 n.8 (suggesting that the Commission also consider the impact of LPFM stations on AM stations). 47 C.F.R. § 73.853. 47 C.F.R. §§ 73.801, 73.503(d). See 47 C.F.R. §§ 73.809, 73.810. See Appendix A.1. 47 C.F.R. § 73.855 (allowing not-for-profit organizations and governmental entities with a public safety purpose to own multiple LPFM licenses if one of the multiple licenses is submitted as a priority application and the remaining non-priority applications do not face a mutually exclusive challenge). 47 C.F.R.
• http://www.fcc.gov/fcc-bin/audio/FCC-07-204A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-07-204A1.pdf
  • applications, our Second Order emphasized that local origination is ``intended to encourage licensees to maintain production facilities and a meaningful staff presence within the community served by the station.'' Even outside the limited context of mutually exclusive applications, we view local origination as a central virtue of the LPFM service and therefore will reinstate the eligibility restriction contained in Section 73.853(b) of the Rules to encourage local origination. We also wish to clarify our definition of local origination. According to Prometheus, a licensee could theoretically create one program, continually repeat it on a tape loop, and still claim it meets the definition of local origination. Prometheus asserts that in order to meet the local origination requirement, programming cannot be automated, including
• http://www.fcc.gov/fcc-bin/audio/FCC-08-34A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-34A1.pdf
  • Second Report and Order, 16 FCC Rcd 8026 (2001); Third Report and Order and Second Further Notice of Proposed Rulemaking, FCC 07-204 (rel. Dec. 11, 2007) (``Third Report and Order''). See Closed Groups of Pending Low Power FM Mutually Exclusive Applications Accepted for Filing, Public Notice, 19 FCC Rcd 4624 (2004). See 47 C.F.R. § 73.860. See 47 C.F.R. § 73.853(b). The Third Report and Order amends this rule section. Pursuant to the amended 47 C.F.R. § 73.853(b), "[o]nly local applicants will be permitted to submit applications." The amended rule takes effect on March 17, 2008. See 47 C.F.R. § 73.872. See id. See id. See Calvary Chapel application at Section III, Question 1(a); see also Exhibit 7. See PBSOC application
• http://www.fcc.gov/fcc-bin/audio/FCC-08-35A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-35A1.pdf
  • least two years prior to filing its application. Sonido's incorporation on February 29, 2000, slightly more than one year before it filed its application, does not demonstrate the ``longstanding organizational ties'' to Naples envisioned by the Rule. Although the information Sonido submitted is sufficient to demonstrate that Sonido is ``community-based'' for purposes of fulfilling the basic eligibility requirement under Section 73.853(b), it fails to demonstrate the ``established community presence'' under Section 73.872(b)(1) of the Rules necessary to entitle it to claim the comparative point for the criterion set forth in Section 73.872(b)(1). Accordingly, we find that Sonido is not entitled to the point for ``established community presence.'' 8. WTL Informal Objection. In its Objection, WTL asserts that NTHR improperly claimed a
• http://www.fcc.gov/fcc-bin/audio/FCC-08-36A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-36A1.pdf
  • it was appropriate to include as part of WLR's application; and it had no knowledge about whether its counsel provided a similar draft to his other LPFM clients. 4. Pursuant to the applicable Rules and procedures, an applicant for an LPFM station must certify its eligibility to own and operate such station at the time it files its application. Section 73.853(a)(1) of the Rules states that an LPFM station may be licensed to a noncommercial educational (``NCE'') organization for the advancement of an educational program. Because individuals are not eligible to own and operate LPFM stations, the certification requires that the applicant be a noncommercial educational institution, corporation, or entity that is recognized under state law. Thus, an LPFM applicant must
• http://www.fcc.gov/fcc-bin/audio/FCC-08-37A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-37A1.pdf
  • it was appropriate to include as part of JBN's application; it had no knowledge about whether its counsel had provided a similar draft to his other LPFM clients. 4. Pursuant to the applicable Rules and procedures, an applicant for an LPFM station must certify its eligibility to own and operate such station at the time it files its application. Section 73.853(a)(1) of the Rules states that an LPFM station may be licensed to a noncommercial educational (``NCE'') organization for the advancement of an educational program. Because individuals are not eligible to own and operate LPFM stations, the certification requires that the applicant be a noncommercial educational institution, corporation, or entity that is recognized under state law. Thus, an LPFM applicant must
• http://www.fcc.gov/fcc-bin/audio/FCC-08-38A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-38A1.pdf
  • its application. Hayden's incorporation during the same year that it filed its application does not demonstrate the ``longstanding organizational ties'' to Hayden envisioned by the rule. Although the information Hayden submits regarding the local residence of the members of its governing board is sufficient to demonstrate that Hayden is ``community-based'' for purposes of fulfilling the basic eligibility requirement under Section 73.853(b), it is not sufficient to demonstrate that it had an ``established community presence'' for two years prior to the filing of the application, entitling it to claim the comparative point for the criterion set forth in Section 73.872(b)(1). 11. Finally, Hayden's contention that a corporation, as a legal entity, is incapable of establishing a community presence, as opposed to the
• http://www.fcc.gov/fcc-bin/audio/FCC-08-39A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-39A1.pdf
  • not registered with the State and did not file its Articles until May 3, 2004. RVCR did not respond to either WTL's Objection or the January 2006 Supplement. 6. Pursuant to the applicable Rules and procedures, an applicant for an LPFM station must certify its eligibility to own and operate such station at the time it files its application. Section 73.853 of the Rules states that an LPFM station may be licensed to a noncommercial educational (``NCE'') organization for the advancement of an educational program. The LPFM Report and Order states that the establishment of LPFM as a noncommercial service requires that licensees comply with the eligibility requirements of Section 397(6) of the Communications Act of 1934, as amended (the ``Act'').
• http://www.fcc.gov/fcc-bin/audio/FCC-08-40A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-40A1.pdf
  • February 23, 2000. MKWS states that it ``was incorporated in Cincinnati, Ohio, on March 18, 1996, and has been an active part of the community since that time.'' 5. Pursuant to the applicable Rules and procedures, an applicant for an LPFM station must certify its eligibility to own and operate such station at the time it files its application. Section 73.853 of the Rules states that an LPFM station may be licensed to a noncommercial educational (``NCE'') organization for the advancement of an educational program. The LPFM Report and Order states that the establishment of LPFM as a noncommercial service requires that licensees comply with the eligibility requirements of Section 397(6) of the Communications Act of 1934, as amended (the ``Act'').
• http://www.fcc.gov/fcc-bin/audio/FCC-08-41A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-41A1.pdf
  • two years prior to filing its application. ACL's incorporation one month before filing its application does not demonstrate the ``longstanding organizational ties'' to Anchorage envisioned by the Rule. Although the information that ACL has submitted regarding the local residence of members of its governing board demonstrates that ACL is community-based for purposes of fulfilling the basic eligibility requirement under Section 73.853(b), it is not sufficient to demonstrate that it had an ``established community presence'' for two years prior to the filing of the application, entitling ACL to claim the comparative point for the criterion set forth in Section 73.872(b)(1). 11. Finally, ACL's contention that a corporation, as a legal entity, is incapable of establishing a community presence, as opposed to the
• http://www.fcc.gov/fcc-bin/audio/FCC-08-50A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-50A1.pdf
  • unincorporated association that has been active in Rhode Island since May 1, 1995,'' but it does not identify that organization or provide any documentation supporting this assertion. 5. In its petitions, BSR also argues that both Casa and Ephese are ``pure'' churches that did not exist as educational organizations, and therefore, are not eligible for the subject construction permit. Section 73.853 of the Commission's Rules (the ``Rules'') provides that an LPFM station may be licensed to a non-commercial educational (``NCE'') organization for the advancement of an educational program. In the LPFM Report and Order, the Commission stated that the establishment of LPFM as a noncommercial educational service requires that licensees comply with the eligibility requirements of Section 397(6) of the Communications
• http://www.fcc.gov/fcc-bin/audio/FCC-11-165A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-11-165A1.pdf
  • denial by the Media Bureau, Audio Division (the ``Bureau''), of a petition for reconsideration of the Bureau's dismissal of an application for a construction permit for a new Low Power FM (``LPFM'') Station at Lady Lake, Florida. The Bureau found the Application defective because at the time of filing BOLES did not meet the eligibility criteria set forth in Section 73.853 of the Commission's rules for holding an LPFM station license. 2. Upon review of the Application for Review and the entire record, we conclude that BOL has failed to demonstrate that the Bureau erred. The Media Bureau properly decided the matters raised, and we uphold its decision for the reasons stated in its Letter. 3. ACCORDINGLY, IT IS ORDERED that,
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • [394]PDF 73.813 Determination of antenna height above average terrain (HAAT). [395]TEXT [396]PDF 73.816 Antennas. [397]TEXT [398]PDF 73.825 Protection to reception of TV channel 6. [399]TEXT [400]PDF 73.827 Interference to the input signals of FM translator or FM booster stations. [401]TEXT [402]PDF 73.840 Operating power and mode tolerances. [403]TEXT [404]PDF 73.845 Transmission system operation. [405]TEXT [406]PDF 73.850 Operating schedule. [407]TEXT [408]PDF 73.853 Licensing requirements and service. [409]TEXT [410]PDF 73.854 Unlicensed operations. [411]TEXT [412]PDF 73.855 Ownership limits. [413]TEXT [414]PDF 73.858 Attribution of LPFM station interests. [415]TEXT [416]PDF 73.860 Cross-ownership. [417]TEXT [418]PDF 73.865 Assignment and transfer of LPFM authorizations. [419]TEXT [420]PDF 73.870 Processing of LPFM broadcast station applications. [421]TEXT [422]PDF 73.871 Amendment of LPFM broadcast station applications. [423]TEXT [424]PDF 73.872 Selection procedure for mutually
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • [347]PDF 73.813 Determination of antenna height above average terrain (HAAT). [348]TEXT [349]PDF 73.816 Antennas. [350]TEXT [351]PDF 73.825 Protection to reception of TV channel 6. [352]TEXT [353]PDF 73.827 Interference to the input signals of FM translator or FM booster stations. [354]TEXT [355]PDF 73.840 Operating power and mode tolerances. [356]TEXT [357]PDF 73.845 Transmission system operation. [358]TEXT [359]PDF 73.850 Operating schedule. [360]TEXT [361]PDF 73.853 Licensing requirements and service. [362]TEXT [363]PDF 73.854 Unlicensed operations. [364]TEXT [365]PDF 73.855 Ownership limits. [366]TEXT [367]PDF 73.858 Attribution of LPFM station interests. [368]TEXT [369]PDF 73.860 Cross-ownership. [370]TEXT [371]PDF 73.865 Assignment and transfer of LPFM authorizations. [372]TEXT [373]PDF 73.870 Processing of LPFM broadcast station applications. [374]TEXT [375]PDF 73.871 Amendment of LPFM broadcast station applications. [376]TEXT [377]PDF 73.872 Selection procedure for mutually
• http://www.fcc.gov/mb/peer_review/prlpfm_rpt_economic_study.pdf
  • classofLPFM stations authorized to operate at a maximum power of 100 watts, another class of LPFM stations is permitted to operate at a maximum power of 10 watts. See id; see also Creation of Low Power RadioService, Report and Order, 15 FCC Rcd 2205, 2211-12, ¶¶ 13-14 (2000). No stations currently exist in the LP10 class, however. 4See47 C.F.R. § 73.853. 5See 47 C.F.R. §§ 73.801, 73.503(d). Federal Communications Commission DA 12-2 62 these restrictions, we believe that LPFM offerings in both the audience and advertising markets are lower quality substitutes for the offerings of full-service commercial FM stations. 5. First, the limitations on the maximum power of LPFM stations substantially reduce the number of potential listeners they can serve and,