73.850

Part 73, Subpart G, Section 73.850 is a regulation that addresses minimum operating schedules, changes in time share schedules and silent stations.

Minimum operating schedule

LPFM stations that are not on a time share agreement are required to operate a minimum of 36 hours per week of which must include operation for a minimum of 5 hours per day, 6 days per week.

LPFM stations operated by schools and colleges are not required to operate on weekends or days that are considered as school holidays, including summer vacation.

LPFM stations that regularly operate less than 12 hours per day may have their licenses challenged at the time of license renewal when another party can file an application for a new station to operate during the hours which the station does not operate.

Changes in time sharing agreements

LPFM stations that are in a time sharing agreement that wish to change the hours that each station operates must reach a new time sharing agreement. This must be a written agreement. Once the stations reach that agreement, they may implement the new hours. Within 10 days, each station needs to notify the FCC of the new time sharing agreement. The appropriate method for doing this is for each station to file a modification of the station license (as opposed to a modification of the station's licensed facility) in the LMS filing system and include the new time sharing agreement with those applications.

Silent stations

Informing the FCC of silence

An LPFM station may go off the air for up to 10 consecutive days without notifying the FCC. If the station is expected to remain off the air for more than 10 days but less than 30 days, the station should file a silence notification with the FCC. If the station is expected to be silent for more than 30 days, then a request for special temporary authority (STA) to remain silent must be filed. The silence notification and the request for silent STA must include the circumstances causing the station's silence. Once granted, an STA will be effect for a period of 6 months. If the station is expected to be silent for a longer period, a request to extend the STA should be filed about 3 weeks before the expiration of the STA.

Once the station has returned to the air, the LPFM station is responsible for filing a resumption of operations notification with the FCC.

The silence notification, silent STA, extension of STA and resumption of operations notification are all filed in the FCC's LMS filing system.

Disclosure of silent periods at license renewal

Stations should keep records of the circumstances and subsequent events associated with any silent station period of more than 30 days as these silent periods will need to be disclosed in the next renewal of the station license. Records should be retained until after the next renewal application is granted.

Stations that are "habitually" silent for a considerable part of their 8 year license term will be closely scrutinized by the FCC during the renewal process and may lead to short term renewals of less than the 8 year period with conditions that stations remain on the air.

Federal statue regarding stations silent for more than 365 days

Section 312(g) of the Communications Act states that if a broadcast station fails to transmit signals for more than 365 consecutive days, then the station license is cancelled by matter of law. Even if a station receives an extension of their silent STA, the one year cut off time still applies. If there is an issue that is well beyond the control of the licensee, such as an Act of God or similar issue, then the FCC should be notified for guidance.

Regulatory history

This rule was originally enacted in the 2000 LPFM Report and Order to specify the 5 hour/6 days and 36 hour minimum rules. The rule was amended in the 2012 Sixth Report and Order to add language that addressed the ability for stations operating less than 12 hours per day to have their licenses challenged. The rule was amended again in 2020 with the LPFM Tech Order that codified the requirement that LPFM stations had to file silent notifications and STAs. Apparently, this was a regulation that should have been added back in 2000. Even before the rule was codified in 2020, many LPFM stations had used silent notifications and STAs to inform the FCC of their status.

Federal Register citation

65 FR 7640, Feb. 15, 2000, as amended at 78 FR 2106, Jan. 9, 2013; 85 FR 35573, June 11, 2020

Text of regulation 47 CFR §73.850

§ 73.850 Operating schedule.

(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.

(c) All LPFM stations, including those meeting the requirements of paragraph (b) of this section, but which do not operate 12 hours per day each day of the year, will be required to share use of the frequency upon the grant of an appropriate application proposing such share time arrangement. Such applications must set forth the intent to share time and must be filed in the same manner as are applications for new stations. Such applications may be filed at any time after an LPFM station completes its third year of licensed operations. In cases where the licensee and the prospective licensee are unable to agree on time sharing, action on the application will be taken only in connection with a renewal application for the existing station filed on or after June 1, 2019. In order to be considered for this purpose, an application to share time must be filed no later than the deadline for filing petitions to deny the renewal application of the existing licensee.

(1) The licensee and the prospective licensee(s) shall endeavor to reach an agreement for a definite schedule of periods of time to be used by each. Such agreement must be in writing and must set forth which licensee is to operate on each of the hours of the day throughout the year. Such agreement must not include simultaneous operation of the stations. Each licensee must file the same in triplicate with each application to the Commission for initial construction permit or renewal of license. Such written agreements shall become part of the terms of each station's license.

(2) The Commission desires to facilitate the reaching of agreements on time sharing. However, if the licensees of stations authorized to share time are unable to agree on a division of time, the prospective licensee(s) must submit a statement with the Commission to that effect filed with the application(s) proposing time sharing.

(3) After receipt of the type of application(s) described in paragraph (c)(2) of this section, the Commission will process such application(s) pursuant to §§ 73.3561 through 73.3568 of this Part. If any such application is not dismissed pursuant to those provisions, the Commission will issue a notice to the parties proposing a time-sharing arrangement and a grant of the time-sharing application(s). The licensee may protest the proposed action, the prospective licensee(s) may oppose the protest and/or the proposed action, and the licensee may reply within the time limits delineated in the notice. All such pleadings must satisfy the requirements of Section 309(d) of the Act. Based on those pleadings and the requirements of Section 309 of the Act, the Commission will then act on the time-sharing application(s) and the licensee's renewal application.

(4) A departure from the regular schedule set forth in a time-sharing agreement will be permitted only in cases where a written agreement to that effect is reduced to writing, is signed by the licensees of the stations affected thereby, and is filed in triplicate by each licensee with the Commission, Attention: Audio Division, Media Bureau, prior to the time of the proposed change. If time is of the essence, the actual departure in operating schedule may precede the actual filing of the written agreement, provided that appropriate notice is sent to the Commission in Washington, DC, Attention: Audio Division, Media Bureau.

(d) In the event that causes beyond the control of a permittee or licensee make it impossible to adhere to the operating schedule in paragraph (b) of this section or to continue operating, the station may limit or discontinue operation for a period not exceeding 30 days without further authority from the Commission provided that notification is sent to the Commission in Washington, DC, Attention: Audio Division, Media Bureau, no later than the 10th day of limited or discontinued operation. During such period, the permittee shall continue to adhere to the requirements of the station license pertaining to lighting of antenna structures. In the event normal operation is restored prior to the expiration of the 30 day period, the permittee or licensee will notify the FCC, Attention: Audio Division, of the date that normal operations resumed. If causes beyond the control of the permittee or licensee make it impossible to comply within the allowed period, Special Temporary Authority (see § 73.1635) must be requested to remain silent for such additional time as deemed necessary not to exceed, in total, 12 consecutive months (see § 73.873(b)).