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73.870 Processing of LPFM broadcast station applications

Submitted by on

Summary

(a) indicates that LPFM stations can only be moved 5.6 km from its current location. If the move is to create a common transmitter site for a timeshare agreement or to either co-locate or operate from a site very close to a FM station on a third adjacent channel, then a move farther than 5.6 km would be allowed. Channel can be changed an adjacent channel, the IF channel (+/- 53 or 54 channels) or upon a showing of reduced interference, any channel.

(b) describes the window process and advises that applications for new LPFM stations will only be accepted in a filing window.

(c) warns that new LPFM applications must meet minimum distance separations of all statons at the public notice date. Applications are subject to dismissal for no opportunity to fix the problem.

(d) indicates that after the close of the filing window, singleton applications will be accepted for filing and that there will be a 30 day petition to deny period. The LPFM applicant must receive a copy of any Petition to Deny. Competing (or mutually exclusive) applications will be handled by 73.872 of the rules.

(e) just advises that minor changes are allowed at any time and they must propose facilities that meet technical and legal requirements of a new LPFM station.

(f) If a timeshare group has some unused time where there is no station on the air, a new applicant can file for that time but they can only do it during a designated filing window.

Text of Current Rule

(a) A minor change for an LPFM station authorized under this subpart is limited to transmitter site relocations of 5.6 kilometers or less. These distance limitations do not apply to amendments or applications proposing transmitter site relocation to a common location filed by applicants that are parties to a voluntary time-sharing agreement with regard to their stations pursuant to § 73.872 paragraphs (c) and (e). These distance limitations also do not apply to an amendment or application proposing transmitter site relocation to a common location or a location very close to another station operating on a third-adjacent channel in order to remediate interference to the other station; provided, however, that the proposed relocation is consistent with all localism certifications made by the applicant in its original application for the LPFM station. Minor changes of LPFM stations may include:

(1) Changes in frequency to adjacent or I.F. frequencies or, upon a technical showing of reduced interference, to any frequency; and (2) Amendments to time-sharing agreements, including universal agreements that supersede involuntary arrangements.

(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 Sec. 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 Sec. 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 Sec. 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. (f) New entrants seeking to apply for unused or unwanted time on a timesharing frequency will only be accepted during an open filing window, specified pursuant to paragraph (b) of this section.

Rule History

Adopted in Sep 2000 Order
Amended in Mar 2005 Order
Amended in Dec 2007 Order
Amended in Nov 2012 Order

(a) A minor change for an LP100 LPFM station authorized under this subpart is limited to transmitter relocations of less than two kilometers 5.6 kilometers or less. A minor change for an LP10 station authorized under this Subpart is limited to transmitter site relocations of less than one kilometer 3.2 kilometers or less. These distance limitations also do not apply to amendments or applications proposing transmitter site relocation to a common location filed by applicants that are parties to a voluntary timesharing agreement with regard to their stations pursuant to § 73.872 paragraphs (c) and (e). These distance limitations also do not apply to an amendment or application proposing transmitter site relocation to a common location or a location very close to another station operating on a third-adjacent channel in order to remediate interference to the other station; provided, however, that the proposed relocation is consistent with all localism certifications made by the applicant in its original application for the LPFM station. Minor changes of LPFM stations may include:

(1) Changes in frequency to adjacent or IF frequencies, or, upon a technical showing of reduced interference, to any frequency.

(2) Amendments to time-sharing agreements, including universal agreements that supersede involuntary arrangements.

(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 subsection (b) that fail to meet the Section 73.807 minimum distance separations, with respect to all applications and facilities in existence as the date of the pertinent Public Notice in subsection (b), 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 subsection (b) 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 Section 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 Section 73.3584 of this Part. 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.

(f) New entrants seeking to apply for unused or unwanted time on a timesharing frequency will only be accepted during an open filing window, specified pursuant to paragraph (b) of this section.