LPFM CPs ARE EXPIRING! DON'T MISS OUT! ~ REC is providing discounts for LPFMs on the verge of expiration that need to move sites. [learn more]
REC will be unavailable to file any applications (other than Form 319 requests through EZForms and AM on FM translator requests for the new rules) between April 1~13, 2017 Please get your requests in for before or after those dates. Thank you for your understanding. (Translator requests must be received and prepared prior to 4/2.)

73.853 Licensing requirements and service

Submitted by on

Summary

LPFM is a non-commercial educational (NCE) service. Those who apply for licenses must prove their NCE status.

Text of Current Rule

(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.

(3) Tribal Applicants, as defined in paragraph (c) of this section that will provide non-commercial radio services.

(b) Only local applicants will be permitted to submit applications and to hold authorizations in the LPFM service. For the purposes of this paragraph, an organization will be deemed local if it can certify at the time of application, that it meets the criteria listed below and if it continues to satisfy the criteria at all times thereafter. 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 for applicants in the top 50 urban markets, and 32.1 km (20 miles) for applicants outside of the top 50 urban markets;

(2) It has 75% of its board members residing within 16.1 km (10 miles) of the proposed site for the transmitting antenna for applicants in the top 50 urban markets, and 32.1 km (20 miles) for applicants outside of the top 50 urban markets; 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.

(4) In the case of a Tribal Applicant, as defined in paragraph (c) of this section, the Tribal Applicant’s Tribal lands, as that term is defined in Section 73.7000 of this Part, are within the service area of the proposed LPFM station.

(c) A Tribal Applicant is a Tribe or an entity that is 51 percent or more owned or controlled by a Tribe or Tribes. For these purposes, Tribe is defined as set forth in Section 73.7000 of this Part.

Rule History

Amended in the Dec 2007 order.
Amended in the Nov 2012 order.

(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.

(3) Tribal Applicants, as defined in paragraph (c) of this section that will provide non-commercial radio services.

(b) Only local applicants organizations 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. and to hold authorizations in the LPFM service. For the purposes of this paragraph, an applicant organization will be deemed local if it can certify that: at the time of application, that it meets the criteria listed below and if it continues to satisfy the criteria at all times thereafter.

(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 for applicants in the top 50 urban markets, and 32.1 km (20 miles) for applicants outside of the top 50 urban markets;

(2) It has 75% of its board members residing within 16.1 km (10 miles) of the proposed site for the transmitting antenna for applicants in the top 50 urban markets, and 32.1 km (20 miles) for applicants outside of the top 50 urban markets; 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.

(4) In the case of a Tribal Applicant, as defined in paragraph (c) of this section, the Tribal Applicant’s Tribal lands, as that term is defined in Section 73.7000 of this Part, are within the service area of the proposed LPFM station.

(c) A Tribal Applicant is a Tribe or an entity that is 51 percent or more owned or controlled by a Tribe or Tribes. For these purposes, Tribe is defined as set forth in Section 73.7000 of this Part.