FCC Web Documents citing 73.858

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

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1273A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1273A1.pdf
  • No. 200932080049 FRN 0008094708 Adopted: July 1, 2009 Released: July 1, 2009 By the Chief, Investigations and Hearings Division, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into by the Enforcement Bureau (``Bureau'') and the Greater Hardin Association (``GHA'') (collectively, the ``Parties''). The Consent Decree terminates an investigation by the Bureau for possible violations of Sections 73.858 and 73.860 Commission's Rules regarding the ownership of low power FM Station KRWS-LP, Hardin Montana and ``The Original Briefs,'' a newspaper circulated in Hardin, Montana. The Parties have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. After reviewing the terms of the Consent
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  • Licensee of Low Power FM Station KRWS-LP, Hardin, Montana ) ) ) ) ) ) ) EB-05-IH-0897 Facility ID No. 134773 NAL/Account No. 200932080049 FRN 0008094708 CONSENT DECREE The Enforcement Bureau (``Bureau'') and Greater Hardin Association (``GHA''), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Bureau's investigation into whether GHA violated Sections 73.858 and 73.860 of the Commission's rules. I. DEFINITIONS For the purposes of this Consent Decree, the following definitions shall apply: ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. § 151 et seq. ``Adopting Order'' means an Order of the Commission adopting the terms of this Consent Decree without change, addition, deletion, or modification. ``Bureau'' means the Enforcement
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  • has an attributable interest in any non-LPFM station, including any full power AM or FM station, FM translator station, full or low power television station, or any other media subject to the Commission's ownership restrictions.'' There are exceptions to this ownership restriction for ``local chapters'' of a national or other large organization set forth in the attribution provisions of Section 73.858 of the Commission's rules. The Instructions for FCC Form 318 summarize these exceptions as follows: Under this provision a local chapter of a national organization will not have the attributable media interests of the national organization attributed to it, provided that the local chapter: (1) is incorporated in its local area separately from the national organization with which it is
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  • has an attributable interest in any non-LPFM station, including any full power AM or FM station, FM translator station, full or low power television station, or any other media subject to the Commission's ownership restrictions.'' There are exceptions to this ownership restriction for ``local chapters'' of a national or other large organization set forth in the attribution provisions of Section 73.858 of the Commission's rules. The Instructions for FCC Form 318 summarize these exceptions as follows: Under this provision a local chapter of a national organization will not have the attributable media interests of the national organization attributed to it, provided that the local chapter: (1) is incorporated in its local area separately from the national organization with which it is
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  • has an attributable interest in any non-LPFM station, including any full power AM or FM station, FM translator station, full or low power television station, or any other media subject to the Commission's ownership restrictions.'' There are exceptions to this ownership restriction for ``local chapters'' of a national or other large organization set forth in the attribution provisions of Section 73.858 of the Commission's rules. The Instructions for FCC Form 318 summarize these exceptions as follows: Under this provision a local chapter of a national organization will not have the attributable media interests of the national organization attributed to it, provided that the local chapter: (1) is incorporated in its local area separately from the national organization with which it is
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  • has an attributable interest in any non-LPFM station, including any full power AM or FM station, FM translator station, full or low power television station, or any other media subject to the Commission's ownership restrictions.'' There are exceptions to this ownership restriction for ``local chapters'' of a national or other large organization set forth in the attribution provisions of Section 73.858 of the Commission's rules. The Instructions for FCC Form 318 summarize these exceptions as follows: Under this provision a local chapter of a national organization will not have the attributable media interests of the national organization attributed to it, provided that the local chapter: (1) is incorporated in its local area separately from the national organization with which it is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2244A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2244A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2244A1.txt
  • has an attributable interest in any non-LPFM station, including any full power AM or FM station, FM translator station, full or low power television station, or any other media subject to the Commission's ownership restrictions.'' There are exceptions to this ownership restriction for ``local chapters'' of a national or other large organization set forth in the attribution provisions of Section 73.858 of the Commission's rules. The Instructions for FCC Form 318 summarize these exceptions as follows: Under this provision a local chapter of a national organization will not have the attributable media interests of the national organization attributed to it, provided that the local chapter: (1) is incorporated in its local area separately from the national organization with which it is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2245A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2245A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2245A1.txt
  • has an attributable interest in any non-LPFM station, including any full power AM or FM station, FM translator station, full or low power television station, or any other media subject to the Commission's ownership restrictions.'' There are exceptions to this ownership restriction for ``local chapters'' of a national or other large organization set forth in the attribution provisions of Section 73.858 of the Commission's rules. The Instructions for FCC Form 318 summarize these exceptions as follows: Under this provision a local chapter of a national organization will not have the attributable media interests of the national organization attributed to it, provided that the local chapter: (1) is incorporated in its local area separately from the national organization with which it is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1480A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1480A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1480A1.txt
  • or voting rights in M&M Dayton because the latter entity is an unincorporated association. Moreover, we note that when M&M Dayton eventually incorporated on December 12, 2001, as a non-profit, non-stock corporation, M&M CD did not have any listed equity or voting rights in M&M Dayton. NLG contends M&M Dayton does not qualify for the attribution exception contained in Section 73.858(b) of the Rules and, therefore, that the interests of M&M Community Development, Inc. be attributed to M&M Dayton. Section 73.858(b) of the Rules states that ``[a] local chapter of a national or other large organization shall not have the attributable interests of the national organization attributed to it provided that the local chapter is separately incorporated and has a distinct
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  • II Item 5(b) requires the applicant to certify, ``No party to this application has an attributable interest in any non-LPFM broadcast station, including any full power AM or FM station, FM translator station, full or low power television station, or any other media subject to the Commission's ownership restrictions.'' There are exceptions, set forth in the attribution provisions of Section 73.858 of the Rules, to this ownership limitation for a ``local chapter'' of a national or other large organization. The Instructions for FCC Form 318 explain these exceptions as follows: Under this provision a local chapter of a national organization will not have the attributable media interests of the national organization attributed to it, provided that the local chapter: (1) is
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  • Item 5(b) requires the applicant to certify, ``No party to this application has an attributable interest in any non-LPFM broadcast station, including any full power AM or FM station, FM translator station, full or low power television station, or any other media subject to the Commission's broadcast ownership restrictions.'' There are exceptions, set forth in the attribution provisions of Section 73.858 of the Rules, to this ownership limitation for a ``local chapter'' of a national or other large organization. The Instructions for FCC Form 318 explain these exceptions as follows: Under this provision a local chapter of a national organization will not have the attributable media interests of the national organization attributed to it, provided that the local chapter: (1) is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2679A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2679A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2679A1.txt
  • of corporations revealed that Mount Pisgah was not incorporated until July 3, 2001. Id. 47 C.F.R. § 1.106. See also WWIZ, Inc., Memorandum Opinion and Order, 37 FCC 685, 686 (1964), aff'd sub nom. Lorain Journal Co. v. FCC, 351 F.2d 824 (D.C. Cir. 1965), cert. denied, 387 U.S. 967 (1966). See 47 C.F.R. §§ 73.855, 73.860. 47 C.F.R. § 73.858(b). 47 C.F.R. § 73.853(a)(1). (accessed Apr. 26, 2007). Letter Decision at 4. Petition at 4. Opposition at 2. See notes 7 and 8 supra and accompanying text. Letter Decision at 5. Petition at 4. See 47 C.F.R. § 1.106(c); see also Southeast Arkansas Radio, Inc., Memorandum Opinion and Order, 61 FCC 2d 72 (1976) (reconsideration denied where evidence could have
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  • that its ownership structure complies with Section 310(b)(3) of the Act. We disagree. While the Commission has broad authority to craft its attribution rules to promote ownership policies, including rules to implement LPFM multiple and cross-ownership restrictions, it lacks authority to exclude positional interests for the purpose of applying the statutorily mandated alien ownership provisions. Thus, Carifesta's reliance on Section 73.858(a) of the Rules is misplaced. That rule, by its terms, merely provides a mechanism to permit an LPFM applicant or licensee to insulate certain positional interests for the purpose of satisfying LPFM ownership restrictions. Second, this approach is consistent with prior Commission policy. The Commission anticipated this very issue when it instituted the LPFM service. In light of questions regarding
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  • MG-TV Broadcasting Co. v. FCC, 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
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  • F.2d 824 (D.C. Cir. 1965), cert. denied, 387 U.S. 967 (1966). 47 C.F.R. § 1.106(c)(2). See Petition at 2; see also 47 C.F.R. § 73.853(b)(1)(2). Id. at 3. See Joint Opposition at 2. See Petition at 1. See Joint Opposition at 3. See Colorado Radio Corporation v. F.C.C., 118 F.2d 24, 26 (D.C. Cir. 1941). See 47 C.F.R. §§ 73.853(b), 73.858. See Report & Order at 2219. See Petition at Affidavit. See Joint Opposition at Exhibit A, p.5. 47 C.F.R. § 73.208(c). See Joint Opposition at 5; see also http://www.fcc.gov/mb/audio/bickel/distance.html (visited Aug. 16, 2006). Federal Communications Commission Washington, D.C. 20554 October 17, 2008 { | * . / 7 9 _ c g y { } ‡ ˆ +ˆ Ž ½
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  • No. 200932080049 FRN 0008094708 Adopted: July 1, 2009 Released: July 1, 2009 By the Chief, Investigations and Hearings Division, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into by the Enforcement Bureau (``Bureau'') and the Greater Hardin Association (``GHA'') (collectively, the ``Parties''). The Consent Decree terminates an investigation by the Bureau for possible violations of Sections 73.858 and 73.860 Commission's Rules regarding the ownership of low power FM Station KRWS-LP, Hardin Montana and ``The Original Briefs,'' a newspaper circulated in Hardin, Montana. The Parties have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. After reviewing the terms of the Consent
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  • Licensee of Low Power FM Station KRWS-LP, Hardin, Montana ) ) ) ) ) ) ) EB-05-IH-0897 Facility ID No. 134773 NAL/Account No. 200932080049 FRN 0008094708 CONSENT DECREE The Enforcement Bureau (``Bureau'') and Greater Hardin Association (``GHA''), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Bureau's investigation into whether GHA violated Sections 73.858 and 73.860 of the Commission's rules. I. DEFINITIONS For the purposes of this Consent Decree, the following definitions shall apply: ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. § 151 et seq. ``Adopting Order'' means an Order of the Commission adopting the terms of this Consent Decree without change, addition, deletion, or modification. ``Bureau'' means the Enforcement
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  • Starboard Broadcasting, Inc. (``Starboard'') conspired to file twenty-three LPFM applications, including the Applications. In support of this claim, Lawyers Guild asserts that the Applicants are sham organizations that serve as a front for the real parties in interest, EWTN and/or Starboard. Accordingly, Lawyers Guild maintains that Applicants allegedly function as local chapters of EWTN and/or Starboard, and have violated Section 73.858 of the Commission's Rules (``Rules'') because they are not separately incorporated with a local presence and mission. Lawyers Guild also claims that Applicants have violated the LPFM multiple-ownership Rules because EWTN and Starboard own translators in the area. Next, Lawyers Guild avers that Applicants misrepresented their true identity to the Commission, a violation of Section 1.17 of the Rules. Finally,
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  • of radio joint sales agreements (``JSAs''), which we address in the Local Radio Ownership section above. LPFM. REC Networks requests that we refrain from changing our Low Power FM (``LPFM'') rules relating to ownership caps and assignment of stations because these rules are consistent with our intentions in establishing LPFM. LPFM ownership and assignment rules are addressed in Sections 73.855, 73.858, 73.860, and 73.865 of the Commission's rules, adopted in 2000, and are not addressed in the context of this proceeding. These are non-commercial stations and therefore a consideration of ownership limits for these stations is outside the scope of this proceeding. REC also asks that we impose new ownership restrictions on non-commercial educational stations. We dismiss that request as such
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  • Civic Media, and Faith Presbyterian applications, pursuant to a time-share agreement as discussed below. II. DISCUSSION 2. Lawyers Guild Informal Objection. In its informal objection to CCG's application, Lawyers Guild alleges, among other things, that CCG does not demonstrate a ``distinct local presence and mission,'' and therefore does not fall under the exceptions to the ownership restrictions pursuant to Section 73.858 of the Commission's rules. The first LPFM filing windows permitted only local applicants to apply for new LPFM stations. These provisions are manifested in Section II, Items 4 and 5 of FCC Form 318. Item 5(a) requires an applicant to certify that ``No party to this application has an attributable interest in any non-LPFM station, including any full power AM
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  • 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, constituting
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  • § 73.871(c)(4). Cf. Superior Broadcasting Of California, Decision, 94 FCC 2d 904 (1983) (slight comparative demerit assessed for failure to report information already on file with FCC) and Post-Newsweek Stations, Florida, Inc., Memorandum Opinion and Order, 49 FCC 2d 92 (1974) (supplemental filings falling within certain parameters were properly accepted and considered by the Bureau). See, e.g., 47 C.F.R. § 73.858(b) and the Instructions to FCC Form 318, pp. 5-6, which reads: Under this provision a local chapter of a national organization will not have the attributable media interests of the national organization attributed to it, provided that the local chapter: (1) is incorporated in its local area separately from the national organization with which it is affiliated; and (2) has
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  • ¶¶ 18 and 19. See also 47 U.S.C. § 397(6)(A). The Commission restricted the initial LPFM filing windows to ``local'' applicants. 47 C.F.R. §§ 73.853(b). See also, LPFM Report and Order, 15 FCC Rcd at 2215. See JBN Opposition at 3 and Attachment 1; see also www.secretary.state.nc.us/corporations/Search/Results/aspx, viewed by Bureau staff on March 31, 2005. See, e.g., 47 C.F.R. § 73.858(b) and Instructions to FCC Form 318, pp. 5-6. See 47 C.F.R. § 73.782(b)(1) LPFM Report and Order, supra, 15 FCC Rcd 2205. Id. (emphasis added). Id. at 2260 ¶ 140. Page 8, A. Question 1: Established Community Presence (emphasis added). Id. We do not question whether JBN's listed principals have lived in Hendersonville for more than two years. See n.7,
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  • 73.781(c)(4). Cf. Superior Broadcasting Of California, Decision, 94 FCC 2d 904 (1983) (light comparative demerit imposed for failure to report information already on public file with FCC) and Post-Newsweek Stations, Florida, Inc., Memorandum Opinion and Order, 49 FCC 2d 92 (1974) (supplemental filings falling within certain parameters were properly accepted and considered by the Bureau). See, e.g., 47 C.F.R. § 73.858(b) and the Instructions for FCC Form 318, pp. 5-6, which reads: Under this provision a local chapter of a national organization will not have the attributable media interests of the national organization attributed to it, provided that the local chapter: (1) is incorporated in its local area separately from the national organization with which it is affiliated; and (2) has
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  • FCC Rcd 2205 at paragraph 20, footnote 40. See also Instructions for FCC Form 318, Section II, Question 2(b). Id. at paragraph 18 and 19. See also 47 U.S.C. §397(6)(A). The Commission restricted the initial LPFM filing windows to ``local'' applicants. 47 C.F.R. 73.853(b). See also, LPFM Report and Order, 15 FCC Rcd at 2215. See, e.g., 47 C.F.R. § 73.858(b) and the Instructions to FCC Form 318, pp. 5-6, which reads: Under this provision, a local chapter of a national organization will not have the attributable media interests of the national organization attributed to it, provided that the local chapter: (1) is incorporated in its local area separately from the national organization with which it is affiliated; and (2) has
• http://transition.fcc.gov/eb/Orders/2009/DA-09-1273A1.html
  • ) ) ORDER Adopted: July 1, 2009 Released: July 1, 2009 By the Chief, Investigations and Hearings Division, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into by the Enforcement Bureau ("Bureau") and the Greater Hardin Association ("GHA") (collectively, the "Parties"). The Consent Decree terminates an investigation by the Bureau for possible violations of Sections 73.858 and 73.860 Commission's Rules regarding the ownership of low power FM Station KRWS-LP, Hardin Montana and "The Original Briefs," a newspaper circulated in Hardin, Montana. 2. The Parties have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. 3. After reviewing the terms of
• http://transition.fcc.gov/eb/Orders/2009/DA-09-1273A2.html
  • GREATER HARDIN ASSOCIATION Facility ID No. 134773 ) Licensee of Low Power FM Station NAL/Account No. 200932080049 KRWS-LP, Hardin, Montana ) FRN 0008094708 ) ) CONSENT DECREE 1. The Enforcement Bureau ("Bureau") and Greater Hardin Association ("GHA"), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Bureau's investigation into whether GHA violated Sections 73.858 and 73.860 of the Commission's rules. I. DEFINITIONS 2. For the purposes of this Consent Decree, the following definitions shall apply: a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S: 151 et seq. b. "Adopting Order" means an Order of the Commission adopting the terms of this Consent Decree without change, addition, deletion, or modification. c.
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • 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 exclusive LPFM applications. [425]TEXT [426]PDF 73.873 LPFM license period. [427]TEXT [428]PDF 73.875 Modification of transmission systems. [429]TEXT
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/err00019.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/err00019.txt
  • a hearing if found by the Commission to be necessary to conform to any international regulations or agreements. (6) The Commission may, at its option, initiate international coordination of a LPFM proposal even where the above Canadian and Mexican spacing tables are met, if it appears that such coordination is necessary to maintain compliance with international agreements. 7. Sixth, Rule 73.858(b) should read that a local chapter must be ``separately incorporated'' rather than that it ``maintains a local business office.'' The corrected Rule appears below: (b) A local chapter of a national or other large organization shall not have the attributable interests of the national organization attributed to it provided that the local chapter is separately incorporated and has a distinct
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fc00019a.doc
  • years from the date that the initial filing window opens for LPFM applications, a party may hold an attributable interest in no more than five LPFM stations. (3) After three years from the date that the initial filing window opens for LPFM stations, a party may hold an attributable interest in no more than ten stations. 23. A new Section 73.858 is added, as follows: §73.858 Attribution of LPFM station interests. Ownership and other interests in LPFM station permittees and licensees will be attributed to their holders and deemed cognizable for the purposes of §§ 73.855 and 73.860 of this Subpart, in accordance with the provisions of §73.3555, subject to the following exceptions: (a) A director of an entity that holds
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2009/dd090701.html
  • Released: 07/01/2009. PUBLIC SAFETY AND HOMELAND SECURITY BUREAU ASSIGNMENT OF LICENSE AUTHORIZATION APPLICATIONS, TRANSFER OF CONTROL OF LICENSEE APPLICATIONS, AND DE FACTO TRANSFER LEASE APPLICATIONS, AND DESIGNATED ENTITY REPORTABLE ELIGIBILITY EVENT APPLICATIONS ACCEPTED FOR FILING. PSHSB [49]DOC-291843A1.pdf [50]DOC-291843A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- GREATER HARDIN ASSOCIATION. Adopted Consent Decree terminating an investigation by the Bureau for possible violations of Sections 73.858 and 73.860 of the Commission's Rules. Action by: Chief, Investigations and Hearings Division, Enforcement Bureau. Adopted: 07/01/2009 by Order/Consent Decree. (DA No. 09-1273). EB [51]DA-09-1273A1.doc [52]DA-09-1273A2.doc [53]DA-09-1273A1.pdf [54]DA-09-1273A2.pdf [55]DA-09-1273A1.txt [56]DA-09-1273A2.txt BIRACH BROADCASTING CORPORATION. Dismissed the application to change the community of license of Station WCXI(AM), Fenton, Michigan. Action by: Chief, Audio Division, Media Bureau by LETTER. (DA No. 09-1494). MB
• http://www.fcc.gov/Forms/Form318/318.pdf
  • to Question 3 when you respond to various other questions. Non-Stock Corporations or Other Non Stock Entities The applicant, the parent and subsidiary entities of the applicant, and the officers, directors, and governing board members of the applicant and its parent and subsidiary entities are considered to be parties to the application, with the exceptions provided by 47 C.F.R. Section 73.858, which are set forth below. Partnerships and Limited Partnerships Partners and non-insulated limited partners are considered to be parties to the application. A limited partner in a limited partnership is considered to be insulated if the limited partner is not materially involved, directly or indirectly, in the management or operation of the media- related activities of the partnership, and the
• http://www.fcc.gov/fcc-bin/audio/DA-06-1480A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1480A1.pdf
  • or voting rights in M&M Dayton because the latter entity is an unincorporated association. Moreover, we note that when M&M Dayton eventually incorporated on December 12, 2001, as a non-profit, non-stock corporation, M&M CD did not have any listed equity or voting rights in M&M Dayton. NLG contends M&M Dayton does not qualify for the attribution exception contained in Section 73.858(b) of the Rules and, therefore, that the interests of M&M Community Development, Inc. be attributed to M&M Dayton. Section 73.858(b) of the Rules states that ``[a] local chapter of a national or other large organization shall not have the attributable interests of the national organization attributed to it provided that the local chapter is separately incorporated and has a distinct
• http://www.fcc.gov/fcc-bin/audio/DA-07-1268A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1268A1.pdf
  • Item 5(b) requires the applicant to certify, ``No party to this application has an attributable interest in any non-LPFM broadcast station, including any full power AM or FM station, FM translator station, full or low power television station, or any other media subject to the Commission's broadcast ownership restrictions.'' There are exceptions, set forth in the attribution provisions of Section 73.858 of the Rules, to this ownership limitation for a ``local chapter'' of a national or other large organization. The Instructions for FCC Form 318 explain these exceptions as follows: Under this provision a local chapter of a national organization will not have the attributable media interests of the national organization attributed to it, provided that the local chapter: (1) is
• http://www.fcc.gov/fcc-bin/audio/DA-07-2679A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-2679A1.pdf
  • of corporations revealed that Mount Pisgah was not incorporated until July 3, 2001. Id. 47 C.F.R. § 1.106. See also WWIZ, Inc., Memorandum Opinion and Order, 37 FCC 685, 686 (1964), aff'd sub nom. Lorain Journal Co. v. FCC, 351 F.2d 824 (D.C. Cir. 1965), cert. denied, 387 U.S. 967 (1966). See 47 C.F.R. §§ 73.855, 73.860. 47 C.F.R. § 73.858(b). 47 C.F.R. § 73.853(a)(1). (accessed Apr. 26, 2007). Letter Decision at 4. Petition at 4. Opposition at 2. See notes 7 and 8 supra and accompanying text. Letter Decision at 5. Petition at 4. See 47 C.F.R. § 1.106(c); see also Southeast Arkansas Radio, Inc., Memorandum Opinion and Order, 61 FCC 2d 72 (1976) (reconsideration denied where evidence could have
• http://www.fcc.gov/fcc-bin/audio/DA-07-4475A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4475A1.pdf
  • that its ownership structure complies with Section 310(b)(3) of the Act. We disagree. While the Commission has broad authority to craft its attribution rules to promote ownership policies, including rules to implement LPFM multiple and cross-ownership restrictions, it lacks authority to exclude positional interests for the purpose of applying the statutorily mandated alien ownership provisions. Thus, Carifesta's reliance on Section 73.858(a) of the Rules is misplaced. That rule, by its terms, merely provides a mechanism to permit an LPFM applicant or licensee to insulate certain positional interests for the purpose of satisfying LPFM ownership restrictions. Second, this approach is consistent with prior Commission policy. The Commission anticipated this very issue when it instituted the LPFM service. In light of questions regarding
• http://www.fcc.gov/fcc-bin/audio/DA-07-450A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-450A1.pdf
  • MG-TV Broadcasting Co. v. FCC, 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
• http://www.fcc.gov/fcc-bin/audio/DA-08-2309A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-2309A1.pdf
  • F.2d 824 (D.C. Cir. 1965), cert. denied, 387 U.S. 967 (1966). 47 C.F.R. § 1.106(c)(2). See Petition at 2; see also 47 C.F.R. § 73.853(b)(1)(2). Id. at 3. See Joint Opposition at 2. See Petition at 1. See Joint Opposition at 3. See Colorado Radio Corporation v. F.C.C., 118 F.2d 24, 26 (D.C. Cir. 1941). See 47 C.F.R. §§ 73.853(b), 73.858. See Report & Order at 2219. See Petition at Affidavit. See Joint Opposition at Exhibit A, p.5. 47 C.F.R. § 73.208(c). See Joint Opposition at 5; see also http://www.fcc.gov/mb/audio/bickel/distance.html (visited Aug. 16, 2006). Federal Communications Commission Washington, D.C. 20554 October 17, 2008 { | * . / 7 9 _ c g y { } ‡ ˆ +ˆ Ž ½
• http://www.fcc.gov/fcc-bin/audio/DA-10-2064A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-2064A1.pdf
  • Starboard Broadcasting, Inc. (``Starboard'') conspired to file twenty-three LPFM applications, including the Applications. In support of this claim, Lawyers Guild asserts that the Applicants are sham organizations that serve as a front for the real parties in interest, EWTN and/or Starboard. Accordingly, Lawyers Guild maintains that Applicants allegedly function as local chapters of EWTN and/or Starboard, and have violated Section 73.858 of the Commission's Rules (``Rules'') because they are not separately incorporated with a local presence and mission. Lawyers Guild also claims that Applicants have violated the LPFM multiple-ownership Rules because EWTN and Starboard own translators in the area. Next, Lawyers Guild avers that Applicants misrepresented their true identity to the Commission, a violation of Section 1.17 of the Rules. Finally,
• http://www.fcc.gov/fcc-bin/audio/FCC-03-127A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-127A1.pdf
  • of radio joint sales agreements (``JSAs''), which we address in the Local Radio Ownership section above. LPFM. REC Networks requests that we refrain from changing our Low Power FM (``LPFM'') rules relating to ownership caps and assignment of stations because these rules are consistent with our intentions in establishing LPFM. LPFM ownership and assignment rules are addressed in Sections 73.855, 73.858, 73.860, and 73.865 of the Commission's rules, adopted in 2000, and are not addressed in the context of this proceeding. These are non-commercial stations and therefore a consideration of ownership limits for these stations is outside the scope of this proceeding. REC also asks that we impose new ownership restrictions on non-commercial educational stations. We dismiss that request as such
• http://www.fcc.gov/fcc-bin/audio/FCC-08-36A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-36A1.pdf
  • § 73.871(c)(4). Cf. Superior Broadcasting Of California, Decision, 94 FCC 2d 904 (1983) (slight comparative demerit assessed for failure to report information already on file with FCC) and Post-Newsweek Stations, Florida, Inc., Memorandum Opinion and Order, 49 FCC 2d 92 (1974) (supplemental filings falling within certain parameters were properly accepted and considered by the Bureau). See, e.g., 47 C.F.R. § 73.858(b) and the Instructions to FCC Form 318, pp. 5-6, which reads: Under this provision a local chapter of a national organization will not have the attributable media interests of the national organization attributed to it, provided that the local chapter: (1) is incorporated in its local area separately from the national organization with which it is affiliated; and (2) has
• http://www.fcc.gov/fcc-bin/audio/FCC-08-37A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-37A1.pdf
  • ¶¶ 18 and 19. See also 47 U.S.C. § 397(6)(A). The Commission restricted the initial LPFM filing windows to ``local'' applicants. 47 C.F.R. §§ 73.853(b). See also, LPFM Report and Order, 15 FCC Rcd at 2215. See JBN Opposition at 3 and Attachment 1; see also www.secretary.state.nc.us/corporations/Search/Results/aspx, viewed by Bureau staff on March 31, 2005. See, e.g., 47 C.F.R. § 73.858(b) and Instructions to FCC Form 318, pp. 5-6. See 47 C.F.R. § 73.782(b)(1) LPFM Report and Order, supra, 15 FCC Rcd 2205. Id. (emphasis added). Id. at 2260 ¶ 140. Page 8, A. Question 1: Established Community Presence (emphasis added). Id. We do not question whether JBN's listed principals have lived in Hendersonville for more than two years. See n.7,
• http://www.fcc.gov/fcc-bin/audio/FCC-08-38A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-38A1.pdf
  • 73.781(c)(4). Cf. Superior Broadcasting Of California, Decision, 94 FCC 2d 904 (1983) (light comparative demerit imposed for failure to report information already on public file with FCC) and Post-Newsweek Stations, Florida, Inc., Memorandum Opinion and Order, 49 FCC 2d 92 (1974) (supplemental filings falling within certain parameters were properly accepted and considered by the Bureau). See, e.g., 47 C.F.R. § 73.858(b) and the Instructions for FCC Form 318, pp. 5-6, which reads: Under this provision a local chapter of a national organization will not have the attributable media interests of the national organization attributed to it, provided that the local chapter: (1) is incorporated in its local area separately from the national organization with which it is affiliated; and (2) has
• http://www.fcc.gov/fcc-bin/audio/FCC-08-41A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-41A1.pdf
  • FCC Rcd 2205 at paragraph 20, footnote 40. See also Instructions for FCC Form 318, Section II, Question 2(b). Id. at paragraph 18 and 19. See also 47 U.S.C. §397(6)(A). The Commission restricted the initial LPFM filing windows to ``local'' applicants. 47 C.F.R. 73.853(b). See also, LPFM Report and Order, 15 FCC Rcd at 2215. See, e.g., 47 C.F.R. § 73.858(b) and the Instructions to FCC Form 318, pp. 5-6, which reads: Under this provision, a local chapter of a national organization will not have the attributable media interests of the national organization attributed to it, provided that the local chapter: (1) is incorporated in its local area separately from the national organization with which it is affiliated; and (2) has
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • 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 exclusive LPFM applications. [425]TEXT [426]PDF 73.873 LPFM license period. [427]TEXT [428]PDF 73.875 Modification of transmission systems. [429]TEXT
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • 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 exclusive LPFM applications. [378]TEXT [379]PDF 73.873 LPFM license period. [380]TEXT [381]PDF 73.875 Modification of transmission systems. [382]TEXT