47 C.F.R. Subpart G—Low Power FM Broadcast Stations (LPFM)
Title 47 - Telecommunication
Source: 65 FR 7640, Feb. 15, 2000, unless otherwise noted.
The following rules are applicable to LPFM stations:
Section 73.201 Numerical definition of FM broadcast channels. Section 73.220 Restrictions on use of channels. Section 73.267 Determining operating power. Section 73.277 Permissible transmissions. Section 73.297 FM stereophonic sound broadcasting. Section 73.310 FM technical definitions. Section 73.312 Topographic data. Section 73.318 FM blanketing interference. Section 73.322 FM stereophonic sound transmission standards. Section 73.333 Engineering charts. Section 73.503 Licensing requirements and service. Section 73.508 Standards of good engineering practice. Section 73.593 Subsidiary communications services. Section 73.1015 Truthful written statements and responses to Commission inquiries and correspondence. Section 73.1030 Notifications concerning interference to radio astronomy, research and receiving installations. Section 73.1201 Station identification. Section 73.1206 Broadcast of telephone conversations. Section 73.1207 Rebroadcasts. Section 73.1208 Broadcast of taped, filmed, or recorded material. Section 73.1210 TV/FM dual-language broadcasting in Puerto Rico. Section 73.1211 Broadcast of lottery information. Section 73.1212 Sponsorship identification; list retention; related requirements. Section 73.1213 Antenna structure, marking and lighting. Section 73.1216 Licensee-conducted contests. Section 73.1217 Broadcast hoaxes. Section 73.1230 Posting of station license. Section 73.1250 Broadcasting emergency information. Section 73.1300 Unattended station operation. Section 73.1400 Transmission system monitoring and control. Section 73.1520 Operation for tests and maintenance. Section 73.1540 Carrier frequency measurements. Section 73.1545 Carrier frequency departure tolerances. Section 73.1570 Modulation levels: AM, FM, and TV aural. Section 73.1580 Transmission system inspections. Section 73.1610 Equipment tests. Section 73.1620 Program tests. Section 73.1650 International agreements. Section 73.1660 Acceptability of broadcast transmitters. Section 73.1665 Main transmitters. Section 73.1692 Broadcast station construction near or installation on an AM broadcast tower. Section 73.1745 Unauthorized operation. Section 73.1750 Discontinuance of operation. Section 73.1920 Personal attacks. Section 73.1940 Legally qualified candidates for public office. Section 73.1941 Equal opportunities. Section 73.1943 Political file. Section 73.1944 Reasonable access. Section 73.3511 Applications required. Section 73.3512 Where to file; number of copies. Section 73.3513 Signing of applications. Section 73.3514 Content of applications. Section 73.3516 Specification of facilities. Section 73.3517 Contingent applications. Section 73.3518 Inconsistent or conflicting applications. Section 73.3519 Repetitious applications. Section 73.3520 Multiple applications. Section 73.3525 Agreements for removing application conflicts. Section 73.3539 Application for renewal of license. Section 73.3542 Application for emergency authorization. Section 73.3545 Application for permit to deliver programs to foreign stations. Section 73.3550 Requests for new or modified call sign assignments. Section 73.3561 Staff consideration of applications requiring Commission consideration. Section 73.3562 Staff consideration of applications not requiring action by the Commission. Section 73.3566 Defective applications. Section 73.3568 Dismissal of applications. Section 73.3584 Procedure for filing petitions to deny. Section 73.3587 Procedure for filing informal objections. Section 73.3588 Dismissal of petitions to deny or withdrawal of informal objections. Section 73.3589 Threats to file petitions to deny or informal objections. Section 73.3591 Grants without hearing. Section 73.3593 Designation for hearing. Section 73.3598 Period of construction. Section 73.3599 Forfeiture of construction permit. Section 73.3999 Enforcement of 18 U.S.C. 1464—restrictions on the transmission of obscene and indecent material. Except as provided in §73.220 of this chapter, all of the frequencies listed in §73.201 of this chapter are available for LPFM stations. Minimum separation requirements for LP100 and LP10 stations, as defined in §§73.811 and 73.853, 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 LPFM station to receive no interference from other stations assumed to operating at the maximum permitted facilities for the station class. For second- and third-adjacent channels and IF channels, the required minimum distance separation is sufficient to avoid interference received from other stations. (a)(1) An LP100 station will not be authorized initially unless the minimum distance separations in the following table are met with respect to authorized FM stations, applications for new and existing FM stations filed prior to the release of the public notice announcing an LPFM window period for LP100 stations, authorized LP100 stations, LP100 station applications that were timely-filed within a previous window, and vacant FM allotments. LP100 stations are not required to protect LP10 stations. LPFM modification applications must either meet the distance separations in the following table or, if short-spaced, not lessen the spacing to subsequently authorized stations. (2) LP100 stations must satisfy the second-adjacent channel minimum distance separation requirements of paragraph (a)(1) of this section with respect to any third-adjacent channel FM station that, as of September 20, 2000 (the adoption date of this MO&O) broadcasts a radio reading service via a subcarrier frequency. (b)(1) An LP10 station will not be authorized unless the minimum distance separations in the following table are met with respect to authorized FM stations, applications for new and existing FM stations filed prior to the release of the public notice announcing an LPFM window period for LP10 stations, vacant FM allotments, or LPFM stations. (2) LP10 stations must satisfy the second-adjacent channel minimum distance separation requirements of paragraph (b)(1) of this section with respect to any third-adjacent channel FM station that, as of September 20, 2000 (the adoption date of this MO&O) broadcasts a radio reading service via a subcarrier frequency. (c) In addition to meeting or exceeding the minimum separations for Class LP100 and Class LP10 stations in paragraphs (a) and (b) of this section, new LP100 and LP10 stations will not be authorized in Puerto Rico or the Virgin Islands unless the minimum distance separations in the following tables are met with respect to authorized or proposed FM stations: (1) LP100 stations in Puerto Rico and the Virgin Islands: (2) LP10 stations in Puerto Rico and the Virgin Islands: Note to paragraphs Full service FM stations operating within the reserved band (Channels 201–220) with facilities in excess of those permitted in §73.211(b)(1) or §73.211(b)(3) shall be protected by LPFM stations in accordance with the minimum distance separations for the nearest class as determined under §73.211. For example, a Class B1 station operating with facilities that result in a 60 dBu contour that exceeds 39 kilometers but is less than 52 kilometers would be protected by the Class B minimum distance separations. Class D stations with 60 dBu contours that exceed 5 kilometers will be protected by the Class A minimum distance separations. Class B stations with 60 dBu contours that exceed 52 kilometers will be protected as Class C1 or Class C stations depending upon the distance to the 60 dBu contour. No stations will be protected beyond Class C separations. (d) In addition to meeting the separations (a) through (c), LPFM applications must meet the minimum separation requirements with respect to authorized FM translator stations, cutoff FM translator applications, and FM translator applications filed prior to the release of the Public Notice announcing the LPFM window period: (1) LP100 stations: (2) LP10 Stations: (e) Existing Class LP100 and LP10 stations which do not meet the separations in paragraphs (a) through (e) of this section may be relocated provided that the separation to any short-spaced station is not reduced. (f) Commercial and noncommercial educational stations authorized under subparts B and C of this part, as well as new or modified commercial FM allotments, are not required to adhere to the separations specified in this rule section, even where new or increased interference would be created. (g) International considerations within the border zones. (1) Within 320 km of the Canadian border, LP100 stations must meet the following minimum separations with respect to any Canadian stations: (2) Within 320 km of the Mexican border, LP100 stations must meet the following separations with respect to any Mexican stations: (3) Within 320 km of the Canadian border, LP10 stations must meet the following minimum separations with respect to any Canadian stations: (4) Within 320 km of the Mexican border, LP10 stations must meet the following separations with respect to any Mexican stations: (5) The Commission will notify the International Telecommunications Union (ITU) of any LPFM authorizations in the US Virgin Islands. Any authorization issued for a US Virgin Islands LPFM station will include a condition that permits the Commission to modify, suspend or terminate without right to a hearing if found by the Commission to be necessary to conform to any international regulations or agreements. (6) The Commission will 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. [65 FR 7640, Feb. 15, 2000, as amended at 65 FR 67299, Nov. 9, 2000; 65 FR 79779, Dec. 20, 2000; 66 FR 23863, May 10, 2001] For the purposes of determining compliance with any LPFM distance requirements, distances shall be calculated in accordance with §73.208(c) of this part. (a) It shall be the responsibility of the licensee of an LPFM station to correct at its expense any condition of interference to the direct reception of the signal of any subsequently authorized commercial or NCE FM station that operates on the same channel, first-adjacent channel, second-adjacent channel or intermediate frequency (IF) channels as the LPFM station, where interference is predicted to occur and actually occurs within: (1) The 3.16 mV/m (70 dBu) contour of such stations; (2) The community of license of a commercial FM station; or (3) Any area of the community of license of an NCE FM station that is predicted to receive at least a 1 mV/m (60 dBu) signal. Predicted interference shall be calculated in accordance with the ratios set forth in §§73.215(a)(1) and 73.215(a)(2). Intermediate Frequency (IF) channel interference overlap will be determined based upon overlap of the 91 dBu F(50,50) contours of the FM and LPFM stations. Actual interference will be considered to occur whenever reception of a regularly used signal is impaired by the signals radiated by the LPFM station. (b) An LPFM station will be provided an opportunity to demonstrate in connection with the processing of the commercial or NCE FM application that interference as described in paragraph (a) of this section is unlikely. If the LPFM station fails to so demonstrate, it will be required to cease operations upon the commencement of program tests by the commercial of NCE FM station. (c) Complaints of actual interference by an LPFM station subject to paragraphs (a) and (b) of this section must be served on the LPFM licensee and the Federal Communications Commission, attention Audio Services Division. The LPFM station must suspend operations within twenty-four hours of the receipt of such complaint unless the interference has been resolved to the satisfaction of the complainant on the basis of suitable techniques. An LPFM station may only resume operations at the direction of the Federal Communications Commission. If the Commission determines that the complainant has refused to permit the LPFM station to apply remedial techniques that demonstrably will eliminate the interference without impairment of the original reception, the licensee of the LPFM station is absolved of further responsibility for the complaint. (d) It shall be the responsibility of the licensee of an LPFM station to correct any condition of interference that results from the radiation of radio frequency energy outside its assigned channel. Upon notice by the FCC to the station licensee or operator that such interference is caused by spurious emissions of the station, operation of the station shall be immediately suspended and not resumed until the interference has been eliminated. However, short test transmissions may be made during the period of suspended operation to check the efficacy of remedial measures. (e) In each instance where suspension of operation is required, the licensee shall submit a full report to the FCC in Washington, DC, after operation is resumed, containing details of the nature of the interference, the source of the interfering signals, and the remedial steps taken to eliminate the interference. [65 FR 7640, Feb. 15, 2000, as amended at 65 FR 67302, Nov. 9, 2000] (a) An LPFM station is required to provide copies of all complaints alleging that the signal of such LPFM station is interfering with or impairing the reception of the signal of a full power station to such affected full power station. (b) A full power station shall review all complaints it receives, either directly or indirectly, from listeners regarding alleged interference caused by the operations of an LPFM station. Such full power station shall also identify those that qualify as bona fide complaints under this section and promptly provide such LPFM station with copies of all bona fide complaints. A bona fide complaint: (1) Is a complaint alleging third adjacent channel interference caused by an LPFM station that has its transmitter site located within the predicted 60 dBu contour of the affected full power station as such contour existed as of the date the LPFM station construction permit was granted; (2) Must be in the form of an affidavit, and state the nature and location of the alleged interference; (3) Must involve a fixed receiver located within the 60 dBu contour of the affected full power station and not more than one kilometer from the LPFM transmitter site; and (4) Must be received by either the LPFM or full power station within one year of the date on which the LPFM station commenced broadcasts with its currently authorized facilities. (c) An LPFM station will be given a reasonable opportunity to resolve all interference complaints. A complaint will be considered resolved where the complainant does not reasonably cooperate with an LPFM station's remedial efforts. (d) In the event that the number of unresolved complaints plus the number of complaints for which the source of interference remains in dispute equals at least one percent of the households within one kilometer of the LPFM transmitter site or thirty households, whichever is less, the LPFM and full power stations must cooperate in an “on-off” test to determine whether the interference is traceable to the LPFM station. (e) If the number of unresolved and disputed complaints exceeds the numeric threshold specified in subsection (d) following an “on-off” test, the full power station may request that the Commission initiate a proceeding to consider whether the LPFM station license should be modified or cancelled, which will be completed by the Commission within 90 days. Parties may seek extensions of the 90 day deadline consistent with Commission rules. (f) An LPFM station may stay any procedures initiated pursuant to paragraph (e) of this section by voluntarily ceasing operations and filing an application for facility modification within twenty days of the commencement of such procedures. [65 FR 67302, Nov. 9, 2000; 65 FR 69458, Nov. 17, 2000] (a) LP100 stations: (1) Maximum facilities. LP100 stations will be authorized to operate with maximum facilities of 100 watts effective radiated power (ERP) at 30 meters antenna height above average terrain (HAAT). An LP100 station with a HAAT that exceeds 30 meters will not be permitted to operate with an ERP greater than that which would result in a 60 dBu contour of 5.6 kilometers. In no event will an ERP less than one watt be authorized. No facility will be authorized in excess of one watt ERP at 450 meters HAAT. (2) Minimum facilities. LP100 stations may not operate with facilities less than 50 watts ERP at 30 meters HAAT or the equivalent necessary to produce a 60 dBu contour that extends at least 4.7 kilometers. (b) LP10 stations: (1) Maximum Facilities. LP10 stations will be authorized to operate with maximum facilities of 10 watts ERP at 30 meters HAAT. An LP10 station with a HAAT that exceeds 30 meters will not be permitted to operate with an ERP greater than that which would result in a 60 dBu contour of 3.2 kilometers. In no event will an ERP less than one watt be authorized. No facility will be authorized in excess of one watt ERP at 100 meters HAAT. (2) Minimum Facilities. LP10 stations may not operate with less than one watt ERP. (a) Effective radiated power (ERP) will be rounded to the nearest watt on LPFM authorizations. (b) Antenna radiation center, antenna height above average terrain (HAAT), and antenna supporting structure height will all be rounded to the nearest meter on LPFM authorizations. HAAT determinations for LPFM stations will be made in accordance with the procedure detailed in §73.313(d) of this part. (a) Permittees and licensees may employ nondirectional antennas with horizontal only polarization, vertical only polarization, circular polarization or elliptical polarization. (b) Directional antennas will not be authorized and may not be utilized in the LPFM service, except as provided in paragraph (c) of this section. (c) Public safety and transportation permittees and licensees, eligible pursuant to §73.853(a)(ii), may utilize directional antennas in connection with the operation of a Travelers' Information Service (TIS) provided each LPFM TIS station utilizes only a single antenna with standard pattern characteristics that are predetermined by the manufacturer. In no event may composite antennas (i.e., antennas that consist of multiple stacked and/or phased discrete transmitting antennas) and/or transmitters be employed. (d) LPFM TIS stations will be authorized as nondirectional stations. The use of a directional antenna as provided for in paragraph (c) of this section will not be considered in the determination of compliance with any requirements of this part. [65 FR 67303, Nov. 9, 2000] (a) LPFM stations will be authorized on Channels 201 through 220 only if the pertinent minimum separation distances in the following table are met with respect to all full power TV Channel 6 stations. (b) LPFM stations will be authorized on Channels 201 through 220 only if the pertinent minimum separation distances in the following table are met with respect to all low power TV, TV translator, and Class A TV stations authorized on TV Channel 6. [65 FR 67303, Nov. 9, 2000] (a) An authorized LPFM station will not be permitted to continue to operate if an FM translator or FM booster station demonstrates that the LPFM station is causing actual interference to the FM translator or FM booster station's input signal, provided that the same input signal was in use at the time the LPFM station was authorized. (b) Complaints of actual interference by an LPFM station subject to paragraph (a) of this section must be served on the LPFM licensee and the Federal Communications Commission, attention Audio Services Division. The LPFM station must suspend operations upon the receipt of such complaint unless the interference has been resolved to the satisfaction of the complainant on the basis of suitable techniques. Short test transmissions may be made during the period of suspended operation to check the efficacy of remedial measures. An LPFM station may only resume full operation at the direction of the Federal Communications Commission. If the Commission determines that the complainant has refused to permit the LPFM station to apply remedial techniques that demonstrably will eliminate the interference without impairment of the original reception, the licensee of the LPFM station is absolved of further responsibility for the complaint. [65 FR 67303, Nov. 9, 2000] The transmitter power output (TPO) of an LPFM station must be determined by the procedures set forth in §73.267 of this part. The operating TPO of an LPFM station with an authorized TPO of more than ten watts must be maintained as near as practicable to its authorized TPO and may not be less than 90% of the minimum TPO nor greater than 105% of the maximum authorized TPO. An LPFM station with an authorized TPO of ten watts or less may operate with less than the authorized power, but not more than 105% of the authorized power. Each LPFM licensee is responsible for maintaining and operating its broadcast station in a manner that complies with the technical rules set forth elsewhere in this part and in accordance with the terms of the station authorization. In the event that an LPFM station is operating in a manner that is not in compliance with the technical rules set forth elsewhere in this part or the terms of the station authorization, broadcast operation must be terminated within three hours. (a) All LPFM stations will be licensed for unlimited time operation, except those stations operating under a time sharing agreement pursuant to §73.872. (b) All LPFM stations are required to operate at least 36 hours per week, consisting of at least 5 hours of operation per day on at least 6 days of the week; however, stations licensed to educational institutions are not required to operate on Saturday or Sunday or to observe the minimum operating requirements during those days designated on the official school calendar as vacation or recess periods. (a) An LPFM station may be licensed only to: (1) Nonprofit educational organizations and upon a showing that the proposed station will be used for the advancement of an educational program; and (2) State and local governments and non-government entities that will provide non-commercial public safety radio services. (b) Only local applicants will be permitted to submit applications for a period of two years from the date that LP100 and LP10 stations, respectively, are first made available for application. For the purposes of this paragraph, an applicant will be deemed local if it can certify that: (1) The applicant, its local chapter or branch is physically headquartered or has a campus within 16.1 km (10 miles) of the proposed site for the transmitting antenna; (2) It has 75% of its board members residing within 16.1 km (10 miles) of the proposed site for the transmitting antenna; or (3) In the case of any applicant proposing a public safety radio service, the applicant has jurisdiction within the service area of the proposed LPFM station. No application for an LPFM station may be granted unless the applicant certifies, under penalty of perjury, that neither the applicant, nor any party to the application, has engaged in any manner including individually or with persons, groups, organizations or other entities, in the unlicensed operation of any station in violation of Section 301 of the Communications Act of 1934, as amended, 47 U.S.C. 301. [66 FR 23863, May 10, 2001] (a) No authorization for an LPFM station shall be granted to any party if the grant of that authorization will result in any such party holding an attributable interest in two LPFM stations separated by less than 12 km (7 miles). (b) Except as provided in paragraph (b)(4) of this section, nationwide ownership limits will be phased in according to the following schedule: (1) For a period of two years from the date that the LPFM stations are first made available for application, a party may hold an attributable interest in no more than one LPFM station. (2) For the period between two and three 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. (4) Not-for-profit organizations and governmental entities with a public safety purpose may be granted multiple licenses only if: (i) One of the multiple applications is submitted as a priority application, and; (ii) The remaining non-priority applications do not face a mutually exclusive challenge. [65 FR 7640, Feb. 15, 2000, as amended at 65 FR 67303, Nov. 9, 2000] 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, in accordance with the provisions of §73.3555, subject to the following exceptions: (a) A director of an entity that holds an LPFM license will not have such interest treated as attributable if such director also holds an attributable interest in a broadcast licensee or other media entity but recuses himself or herself from any matters affecting the LPFM station. (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 local presence and mission. (c) A parent or subsidiary of a LPFM licensee or permittee that is a non-stock corporation will be treated as having an attributable interest in such corporation. The officers, directors, and members of a non-stock corporation's governing body and of any parent or subsidiary entity will have such positional interests attributed to them. (a) Except as provided in paragraph (b) of this section, no license for an LPFM station shall be granted to any party if the grant of such authorization will result in the same party holding an attributable interest in any other non-LPFM broadcast station, including any FM translator or low power television station, or any other media subject to our broadcast ownership restrictions. (b) A party with an attributable interest in a broadcast radio station must divest such interest prior to the commencement of operations of an LPFM station in which the party also holds an interest unless such party is a college or university that can certify that the existing broadcast radio station is not student run. This exception applies only to parties that; (1) Are accredited educational institutions, and; (2) Own attributable interest in non-student run broadcast stations; (3) Apply for an authorization for an LPFM station that will be managed and operated on a day-to-day basis by students of the accredited educational institution; and (4) Do not face competing applications for the LPFM authorization. (c) No LPFM licensee may enter into an operating agreement of any type, including a time brokerage or management agreement, with either a full power broadcast station or another LPFM station. [65 FR 7640, Feb. 15, 2000, as amended at 65 FR 67303, Nov. 9, 2000; 65 FR 69458, Nov. 17, 2000] (a) An LPFM authorization may not be transferred or assigned except for a transfer or assignment that involves: (1) Less than a substantial change in ownership and control; or (2) An involuntary assignment of license or transfer of control. (b) A change in the name of an LPFM licensee where no change in ownership or control is involved may be accomplished by written notification by the licensee to the Commission. (a) A minor change for an LP100 station authorized under this subpart is limited to transmitter site relocations of 5.6 kilometers or less. A minor change for an LP10 station authorized under this subpart is limited to transmitter site relocations of 3.2 kilometers or less. Minor changes of LPFM stations may include changes in frequency to adjacent or IF frequencies or, upon a technical showing of reduced interference, to any frequency. (b) The Commission will specify by Public Notice a window filing period for applications for new LPFM stations and major modifications in the facilities of authorized LPFM stations. LPFM applications for new facilities and for major modifications in authorized LPFM stations will be accepted only during the appropriate window. Applications submitted prior to the window opening date identified in the Public Notice will be returned as premature. Applications submitted after the deadline will be dismissed with prejudice as untimely. (c) Applications subject to paragraph (b) of this section that fail to meet the §73.807 minimum distance separations with respect to all applications and facilities in existence as the date of the pertinent public notice in paragraph (b) of this section other than to LPFM station facilities proposed in applications filed in the same window, will be dismissed without any opportunity to amend such applications. (d) Following the close of the window, the Commission will issue a Public Notice of acceptance for filing of applications submitted pursuant to paragraph (b) of this section that meet technical and legal requirements and that are not in conflict with any other application filed during the window. Following the close of the window, the Commission also will issue a Public Notice of the acceptance for filing of all applications tentatively selected pursuant to the procedures for mutually exclusive LPFM applications set forth at §73.872. Petitions to deny such applications may be filed within 30 days of such public notice and in accordance with the procedures set forth at §73.3584. A copy of any petition to deny must be served on the applicant. (e) Minor change LPFM applications may be filed at any time, unless restricted by the staff, and generally, will be processed in the order in which they are tendered. Such applications must meet all technical and legal requirements applicable to new LPFM station applications. [65 FR 7640, Feb. 15, 2000, as amended at 65 FR 67304, Nov. 9, 2000; 70 FR 39186, July 7, 2005] Effective Date Note: At 70 FR 39186, July 7, 2005, in §73.870, paragraph (a) was revised. This paragraph contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. (a) New and major change applications may be amended without limitation during the pertinent filing window. (b) Amendments that would improve the comparative position of new and major change applications will not be accepted after the close of the pertinent filing window. (c) Only minor amendments to new and major change applications will be accepted after the close of the pertinent filing window. Subject to the provisions of this section, such amendments may be filed as a matter of right by the date specified in the FCC's Public Notice announcing the acceptance of such applications. For the purposes of this section, minor amendments are limited to: (1) Site relocations of 3.2 kilometers or less for LP10 stations; (2) Site relocations of 5.6 kilometers or less for LP100 stations; (3) Changes in ownership where the original party or parties to an application retain more than a 50 percent ownership interest in the application as originally filed; and (4) Other changes in general and/or legal information. (d) Unauthorized or untimely amendments are subject to return by the FCC's staff without consideration. [66 FR 23863, May 10, 2001, as amended at 70 FR 39186, July 7, 2005] Effective Date Note: At 70 FR 39186, July 7, 2005, in §73.871, paragraph (c) was revised. This paragraph contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. (a) Following the close of each window for new LPFM stations and for modifications in the facilities of authorized LPFM stations, the Commission will issue a public notice identifying all groups of mutually exclusive applications. Such applications will be awarded points to determine the tentative selectee. Unless resolved by settlement pursuant to paragraph (e) of this section, the tentative selectee will be the applicant within each group with the highest point total under the procedure set forth in this section, except as provided in paragraphs (c) and (d) of this section . (b) Each mutually exclusive application will be awarded one point for each of the following criteria, based on application certification that the qualifying conditions are met: (1) Established community presence. An applicant must, for a period of at least two years prior to application, have been physically headquartered, have had a campus, or have had seventy-five percent of its board members residing within 10 miles of the coordinates of the proposed transmitting antenna. Applicants claiming a point for this criterion must submit the documentation set forth in the application form at the time of filing their applications. (2) Proposed operating hours. The applicant must pledge to operate at least 12 hours per day. (3) Local program origination. The applicant must pledge to originate locally at least eight hours of programming per day. For purposes of this criterion, local origination is the production of programming, by the licensee, within ten miles of the coordinates of the proposed transmitting antenna. (c) Voluntary time-sharing. If mutually exclusive applications have the same point total, any two or more of the tied applicants may propose to share use of the frequency by submitting, within 30 days of the release of a public notice announcing the tie, a time-share proposal. Such proposals shall be treated as amendments to the time-share proponents' applications, and shall become part of the terms of the station license. Where such proposals include all of the tied applications, all of the tied applications will be treated as tentative selectees; otherwise, time-share proponents' points will be aggregated to determine the tentative selectees. (1) Time-share proposals shall be in writing and signed by each time-share proponent, and shall satisfy the following requirements: (i) The proposal must specify the proposed hours of operation of each time-share proponent; (ii) The proposal must not include simultaneous operation of the time-share proponents; and (iii) Each time-share proponent must propose to operate for at least 10 hours per week. (2) Where a station is licensed pursuant to a time-sharing proposal, a change of the regular schedule set forth therein will be permitted only where a written agreement signed by each time-sharing licensee and complying with requirements in paragraphs (c)(1)(i) through (iii) of this section is filed with the Commission, Attention: Audio Division, Media Bureau, prior to the date of the change. (d) Successive license terms. (1) If a tie among mutually exclusive applications is not resolved through time-sharing in accordance with paragraph (c) of this section, the tied applications will be reviewed for acceptability and applicants with tied, grantable applications will be eligible for equal, successive, non-renewable license terms of no less than one year each for a total combined term of eight years, in accordance with §73.873. Eligible applications will be granted simultaneously, and the sequence of the applicants' license terms will be determined by the sequence in which they file applications for licenses to cover their construction permits based on the day of filing, except that eligible applicants proposing same-site facilities will be required, within 30 days of written notification by the Commission staff, to submit a written settlement agreement as to construction and license term sequence. Failure to submit such an agreement will result in the dismissal of the applications proposing same-site facilities and the grant of the remaining, eligible applications. (2) Groups of more than eight tied, grantable applications will not be eligible for successive license terms under this section. Where such groups exist, the staff will dismiss all but the applications of the eight entities with the longest established community presences, as provided in paragraph (b)(1) of this section. If more than eight tied, grantable applications remain, the applicants must submit, within 30 days of written notification by the Commission staff, a written settlement agreement limiting the group to eight. Failure to do so will result in dismissal of the entire application group. (e) Mutually exclusive applicants may propose a settlement at any time during the selection process after the release of a public notice announcing the mutually exclusive groups. Settlement proposals must include all of the applicants in a group and must comply with the Commission's rules and policies regarding settlements, including the requirements of §§73.3525, 73.3588, and 73.3589. Settlement proposals may include time-share agreements that comply with the requirements of paragraph (c) of this section, provided that such agreements may not be filed for the purpose of point aggregation outside of the thirty-day period set forth in paragraph (c) of this section. [65 FR 7640, Feb.15, 2000, as amended at 65 FR 67304, Nov. 9, 2000; 67 FR 13232, Mar. 21, 2002] (a) Initial licenses for LPFM stations not subject to successive license terms will be issued for a period running until the date specified in §73.1020 for full service stations operating in the LPFM station's state or territory, or if issued after such date, determined in accordance with §73.1020. (b) The station license period issued under the successive license term tiebreaker procedures will be determined pursuant to §73.872(d) and shall be for the period specified in the station license. (c) The license of an LPFM station that fails to transmit broadcast signals for any consecutive 12-month period expires as a matter of law at the end of that period, notwithstanding any provision, term, or condition of the license to the contrary. The following procedures and restrictions apply to licensee modifications of authorized broadcast transmission system facilities. (a) The following changes are prohibited: (1) Those that would result in the emission of signals outside of the authorized channel exceeding limits prescribed for the class of service. (2) Those that would cause the transmission system to exceed the equipment performance measurements prescribed in §73.508. (b) The following changes may be made only after the grant of a construction permit application on FCC Form 318. (1) Any construction of a new tower structure for broadcast purposes, except for replacement of an existing tower with a new tower of identical height and geographic coordinates. (2) Any change in station geographic coordinates, including coordinate corrections and any move of the antenna to another tower structure located at the same coordinates. (3) Any change in antenna height more than 2 meters above or 4 meters below the authorized value. (4) Any change in channel. (c) The following LPFM modifications may be made without prior authorization from the Commission. A modification of license application (FCC Form 319) must be submitted to the Commission within 10 days of commencing program test operations pursuant to §73.1620. For applications filed pursuant to paragraph (c)(1) of this section, the modification of license application must contain an exhibit demonstrating compliance with the Commission's radiofrequency radiation guidelines. In addition, applications solely filed pursuant to paragraphs (c)(1) or (c)(2) of this section, where the installation is located within 3.2 km of an AM tower or is located on an AM tower, an exhibit demonstrating compliance with §73.1692 is also required. (1) Replacement of an antenna with one of the same or different number of antenna bays, provided that the height of the antenna radiation center is not more than 2 meters above or 4 meters below the authorized values. Program test operations at the full authorized ERP may commence immediately upon installation pursuant to §73.1620(a)(1). (2) Replacement of a transmission line with one of a different type or length which changes the transmitter operating power (TPO) from the authorized value, but not the ERP, must be reported in a license modification application to the Commission. (3) Changes in the hours of operation of stations authorized pursuant to time-share agreements in accordance with §73.872. The licensee of each LPFM station must maintain a station log. Each log entry must include the time and date of observation and the name of the person making the entry. The following information must be entered in the station log: (a) Any extinguishment or malfunction of the antenna structure obstruction lighting, adjustments, repairs, or replacement to the lighting system, or related notification to the FAA. See §§17.48 and 73.49 of this chapter. (b) Brief explanation of station outages due to equipment malfunction, servicing, or replacement; (c) Operations not in accordance with the station license; and (d) EAS weekly log requirements set forth in §11.61(a)(1)(v) of this chapter. [65 FR 67304, Nov. 9, 2000] (a) The licensee of a broadcast station shall make the station available for inspection by representatives of the FCC during the station's business hours, and at any time it is in operation. In the course of an inspection or investigation, an FCC representative may require special equipment or program tests. (b) Station records and logs shall be made available for inspection or duplication at the request of the FCC or its representatives. Such logs or records may be removed from the licensee's possession by an FCC representative or, upon request, shall be mailed by the licensee to the FCC by either registered mail, return receipt requested, or certified mail, return receipt requested. The return receipt shall be retained by the licensee as part of the station records until such records or logs are returned to the licensee. A receipt shall be furnished when the logs or records are removed from the licensee's possession by an FCC representative and this receipt shall be retained by the licensee as part of the station records until such records or logs are returned to the licensee. When the FCC has no further need for such records or logs, they shall be returned to the licensee. The provisions of this rule shall apply solely to those station logs and records that are required to be maintained by the provisions of this part. (1) Where records or logs are maintained as the official records of a recognized law enforcement agency and the removal of the records from the possession of the law enforcement agency will hinder its law enforcement activities, such records will not be removed pursuant to this section if the chief of the law enforcement agency promptly certifies in writing to the FCC that removal of the logs or records will hinder law enforcement activities of the agency, stating insofar as feasible the basis for his decision and the date when it can reasonably be expected that such records will be released to the FCC. An LPFM licensee may not retransmit, either terrestrially or via satellite, the signal of a full-power radio broadcast station. General EEO policy. Equal employment opportunity shall be afforded by all LPFM licensees and permittees to all qualified persons, and no person shall be discriminated against because of race, color , religion, national origin, or sex.
Title 47: Telecommunication
PART 73—RADIO BROADCAST SERVICES
Subpart G—Low Power FM Broadcast Stations (LPFM)
§ 73.801 Broadcast regulations applicable to LPFM stations.
§ 73.805 Availability of channels.
§ 73.807 Minimum distance separation between stations.
---------------------------------------------------------------------------------------------------------------- Co-channel minimum First-adjacent channel Second- and I.F. separation (km) minimum separation (km) third- channel ------------------------------------------------------ adjacent minimum For no For no channel separationsStation class protected by LP100 interference interference minimum ------------ received received separation Required from max. Required from max. (km) 10.6 or class class ------------- 10.8 MHz facility facility Required----------------------------------------------------------------------------------------------------------------LP100........................... 24 24 14 14 None NoneD............................... 24 24 13 13 6 3A............................... 67 92 56 56 29 6B1.............................. 87 119 74 74 46 9B............................... 112 143 97 97 67 12C3.............................. 78 119 67 67 40 9C2.............................. 91 143 80 84 53 12C1.............................. 111 178 100 111 73 20C0.............................. 122 193 111 130 84 22C............................... 130 203 120 142 93 28----------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------------- Co-channel minimum First-adjacent channel Second- and I.F. separation (km) minimum separation (km) third- Channel ------------------------------------------------------ adjacent minimum For no For no channel separations Station class protected by LP10 interference interference minimum ------------ received received separation Required from max. Required from max. (km) 10.6 or class class ------------- 10.8 MHz facility facility Required----------------------------------------------------------------------------------------------------------------LP100........................... 16 22 10 11 None NoneLP10............................ 13 13 8 8 None NoneD............................... 16 21 10 11 6 2A............................... 59 90 53 53 29 5B1.............................. 77 117 70 70 45 8B............................... 99 141 91 91 66 11C3.............................. 69 117 64 64 39 8C2.............................. 82 141 77 81 52 11C1.............................. 103 175 97 108 73 18C0.............................. 114 190 99 127 84 21C............................... 122 201 116 140 92 26----------------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------------------------------------------------------- Co-channel minimum First-adjacent channel separation (km) minimum separation (km) Second- and ------------------------------------------------------ third- For no For no adjacent I.F. channel Station class protected by LP100 interference interference channel minimum received received minimum separations_10.6 Required from max. Required from max. separation or 10.8 MHz class class (km)_required facility facility--------------------------------------------------------------------------------------------------------------------------------------------------------A................................................................ 80 111 70 70 42 9B1............................................................... 95 128 82 82 53 11B................................................................ 138 179 123 123 92 19--------------------------------------------------------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------------------------------------------------------- Co-channel minimum First-adjacent channel separation (km) minimum separation (km) Second- and ------------------------------------------------------ third- For no For no adjacent I.F. channel Station class protected by LP100 interference interference channel minimum received received minimum separations_10.6 Required from max. Required from max. separation or 10.8 MHz class class (km)_required facility facility--------------------------------------------------------------------------------------------------------------------------------------------------------A................................................................ 72 108 66 66 42 8B1............................................................... 84 125 78 78 53 9B................................................................ 126 177 118 118 92 18--------------------------------------------------------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------------------------------------------------------- Co-channel minimum First-adjacent channel Second- and separation (km) minimum separation (km) third-adjacent I.F . Channel ---------------------------------------------------------- channel minimum Distance to FM translator 60 dBu contour For no For no minimum separation Required interference Required interference separation (km) 10.6 or received received (km) required 10.8 MHz--------------------------------------------------------------------------------------------------------------------------------------------------------13.3 km or greater............................................ 39 67 28 35 21 5Greater than 7.3 km, but less than 13.3 km.................... 32 51 21 26 14 57.3 km or less................................................ 26 30 15 16 8 5--------------------------------------------------------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------------------------------------------------------- Co-channel minimum First-adjacent channel Second- and separation (km) minimum separation (km) third-adjacent I.F . Channel ---------------------------------------------------------- channel minimum Distance to FM translator 60 dBu contour For no For no minimum separation Required interference Required interference separation (km) 10.6 or received received (km) required 10.8 MHz--------------------------------------------------------------------------------------------------------------------------------------------------------13.3 km or greater............................................ 30 65 25 33 20 3Greater than 7.3 km, but less than 13.3 km.................... 24 49 18 23 14 37.3 km or less................................................ 18 28 12 14 8 3--------------------------------------------------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------------- First- Second- Third- Intermediate Co-channel adjacent adjacent adjacent frequency Canadian station class (km) channel channel channel (IF) channel (km) (km) (km) (km)----------------------------------------------------------------------------------------------------------------A1 & Low Power............................ 45 30 21 20 4A............................................. 66 50 41 40 7B1............................................ 78 62 53 52 9B............................................. 92 76 68 66 12C1............................................ 113 98 89 88 19C............................................. 124 108 99 98 28----------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------------- Second- First- third Intermediate Mexican station class Co-channel adjacent adjacent frequency (km) channel channel (IF) channel (km) (km) (km)----------------------------------------------------------------------------------------------------------------Low Power.................................................. 27 17 9 3A.......................................................... 43 32 25 5AA......................................................... 47 36 29 6B1......................................................... 67 54 45 8B.......................................................... 91 76 66 11C1......................................................... 91 80 73 19C.......................................................... 110 100 92 27----------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------------- First- Second- Third- Intermediate Co-channel adjacent adjacent adjacent frequency Canadian station class (km) channel channel channel (IF) channel (km) (km) (km) (km)----------------------------------------------------------------------------------------------------------------A1 & Low Power............................ 33 25 20 19 3A............................................. 53 45 40 39 5B1............................................ 65 57 52 51 8B............................................. 79 71 67 66 11C1............................................ 101 93 88 87 18C............................................. 111 103 98 97 26----------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------------- Second- First- third Intermediate Mexican station class Co-channel adjacent adjacent frequency (km) channel channel (IF) channel (km) (km) (km)----------------------------------------------------------------------------------------------------------------Low Power.................................................. 19 13 9 2A.......................................................... 34 29 24 5AA......................................................... 39 33 29 5B1......................................................... 57 50 45 8B.......................................................... 79 71 66 11C1......................................................... 83 77 73 18C.......................................................... 102 96 92 26----------------------------------------------------------------------------------------------------------------
§ 73.808 Distance computations.
§ 73.809 Interference protection to full service FM stations.
§ 73.810 Third adjacent channel complaint and license modification procedure.
§ 73.811 LPFM power and antenna height requirements.
§ 73.812 Rounding of power and antenna heights.
§ 73.813 Determination of antenna height above average terrain (HAAT).
§ 73.816 Antennas.
§ 73.825 Protection to reception of TV channel 6.
------------------------------------------------------------------------ Class LP100 LP100 to TV Class LP10 to TV FM channel number channel 6 (km) channel 6 (km)------------------------------------------------------------------------ 201 140 136 202 138 134 203 137 133 204 136 133 205 135 132 206 133 131 207 133 131 208 133 131 209 133 131 210 133 131 211 133 131 212 132 131 213 132 131 214 132 130 215 131 130 216 131 130 217 131 130 218 131 130 219 130 130 220 130 130------------------------------------------------------------------------
------------------------------------------------------------------------ Class LP100 to LPTV Class PL10 to LPTV FM channel number channel 6 (km) channel 6 (km)------------------------------------------------------------------------ 201 98 93 202 97 92 203 95 91 204 94 91 205 93 90 206 91 90 207 91 89 208 91 89 209 91 89 210 91 89 211 91 89 212 90 89 213 90 89 214 90 89 215 90 89 216 89 89 217 89 89 218 89 89 219 89 89 220 89 88------------------------------------------------------------------------
§ 73.827 Interference to the input signals of FM translator or FM booster stations.
§ 73.840 Operating power and mode tolerances.
§ 73.845 Transmission system operation.
§ 73.850 Operating schedule.
§ 73.853 Licensing requirements and service.
§ 73.854 Unlicensed operations.
§ 73.855 Ownership limits.
§ 73.858 Attribution of LPFM station interests.
§ 73.860 Cross-ownership.
§ 73.865 Assignment and transfer of LPFM authorizations.
§ 73.870 Processing of LPFM broadcast station applications.
§ 73.871 Amendment of LPFM broadcast station applications.
§ 73.872 Selection procedure for mutually exclusive LPFM applications.
§ 73.873 LPFM license period.
§ 73.875 Modification of transmission systems.
§ 73.877 Station logs for LPFM stations.
§ 73.878 Station inspections by FCC; availability to FCC of station logs and records.
§ 73.879 Signal retransmission.
§ 73.881 Equal employment opportunities.
