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73.870: Difference between revisions
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Part 73, Subpart G, Section 73.870 is a regulation in the Low Power FM (LPFM) radio service concerning the processing of LPFM applications. | Part 73, Subpart G, Section 73.870 is a core regulation in the Low Power FM (LPFM) radio service concerning the processing of LPFM applications. | ||
== Minor changes to authorized facilities == | == Minor changes to authorized facilities == | ||
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== Major changes == | == Major changes == | ||
Any kind of channel or location change that does not meet the "minor" change criteria is considered a "major" change. Major changes are only allowed during filing windows. If a major change application is mutually exclusive (competes) with an application filed during the filing window for a new LPFM station or a major change to another LPFM station, then those applications will be declared mutually exclusive and will be placed in a group with other conflicting applicants and unless the mutual exclusivity can be resolved through minor changes, then the applications will go to the [[point system]] for consideration. If an applicant filing a major change is unsuccessful in the point system, their major change application would be dismissed but their currently licensed facility would remain | Any kind of channel or location change that does not meet the "minor" change criteria is considered a "major" change. Major changes are only allowed during filing windows. If a major change application is mutually exclusive (competes) with an application filed during the filing window for a new LPFM station or a major change to another LPFM station, then those applications will be declared mutually exclusive and will be placed in a group with other conflicting applicants and unless the mutual exclusivity can be resolved through minor changes, then the applications will go to the [[point system]] for consideration. If an applicant filing a major change is unsuccessful in the point system, their major change application would be dismissed but their currently licensed facility would remain unaffected. | ||
== Applications for new LPFM stations == | == Applications for new LPFM stations == | ||
Applications for new LPFM stations will only be accepted during a designated filing window. The FCC will publicly announce the date and time (Eastern) that the window opens and the date and time when the window closes. Applications received after the close of the window will be dismissed without consideration. | Applications for new LPFM stations will only be accepted during a designated filing window. The FCC will publicly announce the date and time (Eastern) that the window opens and the date and time when the window closes. Applications received after the close of the window will be dismissed without consideration. | ||
On their original applications, LPFM applicants must specify a location and channel that meets the § 73.807 minimum distance separation requirements. If they do not meet those requirements from the start, the application would be dismissed without any opportunity to cure the defect on a ''nunc pro tunc'' basis. | |||
LPFM applicants seeking use of an LPFM channel in which the existing LPFM station on that channel only uses it for a certain number of hours per day can file in the filing window to propose service during those other times. These applications can only be made during a filing window. | LPFM applicants seeking use of an LPFM channel in which the existing LPFM station on that channel only uses it for a certain number of hours per day can file in the filing window to propose service during those other times. These applications can only be made during a filing window. | ||
== Regulatory history == | |||
In the initial 2000 ''LPFM Report and Order,'' LPFM stations were allowed to move up to two kilometers (1.2 miles) for LP-100 stations and one kilometer (0.6 miles) for LP-10 stations. Channel changes to any adjacent or IF channels were allowed. Short-spaced proposals would be dismissed without the opportunity to cure ''nunc pro tunc.'' In 2005 in the ''Second Order on Reconsideration'', the maximum move distances were extended to 5.6 kilometers (3.5 miles) for LP-100 stations and 3.2 kilometers (2 miles) for LP-10 stations. In the 2007 ''Third Report and Order,'' additional language was added to allow longer moves to co-locate with time share partners, language was added to specifically state that changes in time share agreements would be a minor change and added language where unused time could be applied for during a filing window. In the 2012 ''Sixth Report and Order'', the rule was amended to reflect the removal of the LP-10 service and additional language was added to allow longer moves to address third-adjacent channel interference issues. In 2020 ''LPFM Tech Order,'' in response to the many waivers that have been given out for longer moves, the FCC extended to minor move distance to 11.2 kilometers (6.96 miles) and also to allow minor moves if the 60 dBu contours overlap. The amendment also clarified which channels are considered "adjacent". | |||
== Federal Register citation == | |||
65 FR 7640, Feb. 15, 2000, as amended at 65 FR 67304, Nov. 9, 2000; 70 FR 39186, July 7, 2005; 73 FR 3217, Jan. 17, 2008; 78 FR 2108, Jan. 9, 2013; 85 FR 35574, June 11, 2020 | |||
== Text of regulation 47 CFR §73.870 == | |||
'''§ 73.870 Processing of LPFM broadcast station applications.''' | |||
(a) A minor change for an LPFM station authorized under this subpart is limited to transmitter site relocations not exceeding 11.2 kilometers or where the 60 dBu contour of the authorized facility overlaps the 60 dBu contour of the proposed facility. 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(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 (± 1, 2, 3, 53 or 54 channels) 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 § 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. | |||
(f) New entrants seeking to apply for unused or unwanted time on a time-sharing frequency will only be accepted during an open filing window, specified pursuant to paragraph (b) of this section. | |||