FAQ: How will 19-3 impact existing LPFM stations?

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The most experienced impact will be the proposed extension of the construction period.  Currently, if an LPFM station needs to file a Form 318 to make a physical modification to their facility, they are granted a construction permit that is good for 18 months.  Currently, the construction period for full-service radio and FM translators is 36 months.  Unlike original construction permits to build a new LPFM station, construction permits for modifications cannot be extended from 18 to 36 months upon request.  The proposed rule simply normalizes LPFM with the other broadcast services with an across the board 36 month construction period.  This will also mean that in the next filing window, LPFM original construction permits will be 36 months and there will be no opportunity to extend.  Tolling rules will continue to apply in extenuating circumstances.  The Commission has instructed the Media Bureau that in the event that this change is made, that all existing granted construction permits outstanding be extended from 18 to 36 months.

The other rule change that will impact some newer LPFM stations is that the requirement that a station be licensed and on the air for at least 3 years before it can be assigned to a different organization be eliminated.  The original intention of this rule in 2007 when LPFM stations were first allowed to assign their licenses was intended to prevent trafficking and speculative behavior.  The holding period did prevent some LPFM organizations that were unable to operate their stations anymore from not being able to assign the licenses resulting in the cancellation of licenses, silent periods and cases where a hidden party in interest was operating the station.   The chance for speculation in future filing windows will always be there and that is why REC is supporting the Commission's proposed rules to require new LPFM station applications to have certification (and hopefully documentation) of site assurance.   If we had that certification, we could have prevented the Cesar Guel applications.

All of the other changes proposed in MB Docket 19-3 are mainly to benefit new applications for LPFM stations in a future filing window.

Topics: 
MB Docket 19-3 proposed rule changes
Answer Date: 
Thursday, February 21, 2019