73.810

Part 73, Subpart G, §73.810 addresses issues regarding interference from LPFM stations to full-service FM stations operating on third-adjacent channels.

LPFM stations operating on third-adjacent channels has always been a controversy as it is the only broadcast service to permit by rule, the ability for an FM facility to be authorized without respect for any facility on third-adjacent channels except under certain conditions such as a full-service station operating a radio reading service.

LPFM stations operating on third-adjacent channels were the main subject of past LPFM related legislation in Congress including the Radio Broadcast Protection Act of 2001 and the Local Community Radio Act of 2010.

Interference remediation

The method of how LPFM interference to other FM stations on third-adjacent channel stations is handled is based on whether the LPFM station meets the minimum distance separation standards to a third-adjacent channel FM station using the same distance standards that apply to the protection of second-adjacent channel stations.

LPFM stations that do not meet the distance separation requirements

The rules state that in order for a complaint to be valid, there must be actual interference as opposed to predicted interference through a contour study. This includes interference to the transmission of any authorized broadcast station, the reception of the input signal of any TV translator, TV booster, FM translator or FM booster station; or the direct reception by the public of the off-the-air signals of any full-service station or previously authorized secondary station (FM translator) where the signal of the regularly-used FM station is impaired by the signal radiated by the LPFM station, regardless of the quality of the reception, the strength of the signal or the channel on which the protected signal is transmitted.

If the FCC notifies the LPFM station of third-adjacent channel interference, the LPFM station may be shut down within 3 minutes of that notification.

If the third-adjacent channel interference cannot be properly eliminated, operation of the LPFM station shall be suspended and not resumed until the interference has been eliminated. Short tests can be made in order to test the efficacy of any remedial measures. If the complaining station refuses to permit the LPFM to apply remedial techniques in order to demonstrate that third-adjacent channel interference is eliminated, the LPFM station is absolved of the complaint.

LPFM stations that do meet the distance separation requirements

Complaints on third-adjacent channel interference can only be made within the first year of operation of the LPFM station and must be a bona fide complaint that includes the contact information for the complainant and states the nature and location of the alleged third-adjacent channel interference and must specify the call signs of the LPFM and affected FM facility and the type of receiver used. The FCC will notify the LPFM station of a complaint within 7 days of receiving it.

In cases where the number of unresolved complaints of LPFM third-adjacent channel interference within the protected service contour of the affected FM facility equals at least one percent of the households within 1 kilometer of the LPFM antenna or thirty households, whichever is less, the LPFM station must participate in "on-off" tests to determine whether the interference is traceable to the LPFM station. If the cases remain unresolved, the FCC can initiate a proceeding to consider whether the LPFM station should be cancelled or modified. LPFM stations may avoid this proceeding by either applying to modify their facility or cancel the LPFM station license.

Periodic Announcements

Overview

Section 7(2) of the LCRA requires that for a period of one year following the construction of a new LPFM station on a third adjacent channel, the LPFM station must make a periodic announcement to alert listeners that any interference they may be experiencing to a third-adjacent station may be as a result of of the operation of the LPFM station and instructs any affected listeners to contact the LPFM station to report the interference. The LPFM station shall notify the FCC and the affected third-adjacent channel stations of the complaints within 48 hours of receiving them and must cooperate in addressing the interference.

Scheduling of announcements

The FCC rule implementing this section states that for LPFM stations that meet the minimum distance separation for third-adjacent stations must broadcast the announcements as follows:

• In the first 30 days of operation: Announcements must be broadcast at least twice daily with the first daily announcement made either between 7 and 9 AM or between 4 and 6PM. The second announcement must be made outside those time slots. The time of the announcements should vary by day to assure that the most listeners will be able to hear them.
• After 30 days, but within the first 365 days of operation: Announcements must be broadcast at least twice per week and must be made between the hours of 7 AM and 12 midnight.

Sample announcement script

On (date of license grant), the Federal Communications Commission granted (LPFM station's call letters) a license to operate. (LPFM station's call letters) may cause interference to the operations of (third-adjacent channel station's call letters) and (other third-adjacent channel stations' call letters). If you are normally a listener of (third-adjacent channel station's call letters) or (other third-adjacent channel station's call letters) and are having difficulty receiving (third-adjacent channel station call letters) or (other third-adjacent channel station's call letters), please contact (LPFM station's call letters) by mail at (mailing address) or by telephone at (telephone number) to report this interference.

History of rule application

Since the implementation of this rule in 2000, including since the post LCRA revision of this rule, there have been no bona-fide and confirmed reports of any LPFM station causing third-adjacent channel interference requiring the modification or cancellation of an LPFM station.

Regulatory history

This rule was not a part of the original LPFM Report and Order, but instead was requested by the National Association of Broadcasters over concerns regarding third-adjacent channel interference by LPFM stations and as a result, the rule was added in the 2000 Order on Reconsideration. The original rule defined the interference as taking place within the 60 dBu contour of the affected full power station and was limited to the first year of LPFM operation. In the 2012 Sixth Report and Order, the rule would be amended in order to implement Section 7 of the LCRA. This would include the separate procedures for LPFM stations that do and do not meet minimum distance separations and the periodic announcements. In the 2020 LPFM Tech Order, a minor change to the wording that removed a list of primary and secondary radio and service types and replaced the language with "full-service station or previously authorized secondary station".

Federal Register citation

78 FR 2104, Jan. 9, 2013, as amended at 85 FR 35573, June 11, 2020

Text of regulation 47 CFR §73.810

(a) LPFM Stations Licensed at Locations That Do Not Satisfy Third-Adjacent Channel Minimum Distance Separations.  An LPFM station licensed at a location that does not satisfy the third-adjacent channel minimum distance separations set forth in § 73.807 is subject to the following provisions:

(1) Such an LPFM station will not be permitted to continue to operate if it causes any actual third-adjacent channel interference to:

(i) The transmission of any authorized broadcast station; or

(ii) The reception of the input signal of any TV translator, TV booster, FM translator or FM booster station; or

(iii) The direct reception by the public of the off-the-air signals of any full-service station or previously authorized secondary station. Interference will be considered to occur whenever reception of a regularly used signal on a third-adjacent channel is impaired by the signals radiated by the LPFM station, regardless of the quality of such reception, the strength of the signal so used, or the channel on which the protected signal is transmitted.

(2) If third-adjacent channel interference cannot be properly eliminated by the application of suitable techniques, operation of the offending LPFM station shall be suspended and shall not be resumed until the interference has been eliminated. Short test transmissions may be made during the period of suspended operation to check the efficacy of remedial measures. If a complainant refuses to permit the licensee of the offending LPFM station to apply remedial techniques which demonstrably will eliminate the third-adjacent channel interference without impairment to the original reception, the licensee is absolved of further responsibility for that complaint.

(3) Upon notice by the Commission to the licensee that such third-adjacent channel interference is being caused, the operation of the LPFM station shall be suspended within three minutes and shall not be resumed until the interference has been eliminated or it can be demonstrated that the interference is not due to spurious emissions by the LPFM station; provided, however, that short test transmissions may be made during the period of suspended operation to check the efficacy of remedial measures.

(b) LPFM stations licensed at locations that satisfy third-adjacent channel minimum distance separations.  An LPFM station licensed at a location that satisfies the third-adjacent channel minimum distance separations set forth in § 73.807 is subject to the following provisions:

(1) Interference complaints and remediation.

(i) Such an LPFM station is required to provide copies of all complaints alleging that its signal is causing third-adjacent channel interference to or impairing the reception of the signal of a full power FM, FM translator or FM booster station to such affected station and to the Commission.

(ii) A full power FM, FM translator or FM booster station shall review all complaints it receives, either directly or indirectly, from listeners regarding alleged third-adjacent channel interference caused by the operations of such an LPFM station. Such full power FM, FM translator or FM booster station shall also identify those that qualify as bona fide complaints under this section and promptly provide such LPFM station with copies of all bona fide complaints. A bona fide complaint:

(A) Must include current contact information for the complainant;

(B) Must state the nature and location of the alleged third-adjacent channel interference and must specify the call signs of the LPFM station and affected full power FM, FM translator or FM booster station, and the type of receiver involved; and

(C) Must be received by either the LPFM station or the affected full power FM, FM translator or FM booster station within one year of the date on which the LPFM station commenced broadcasts with its currently authorized facilities.

(iii) The Commission will accept bona fide complaints and will notify the licensee of the LPFM station allegedly causing third-adjacent channel interference to the signal of a full power FM, FM translator or FM booster station of the existence of the alleged interference within 7 calendar days of the Commission's receipt of such complaint.

(iv) Such an LPFM station will be given a reasonable opportunity to resolve all complaints of third-adjacent channel interference within the protected contour of the affected full power FM, FM translator or FM booster station. A complaint will be considered resolved where the complainant does not reasonably cooperate with an LPFM station's remedial efforts. Such an LPFM station also is encouraged to address all other complaints of third-adjacent channel interference, including complaints based on interference to a full power FM, FM translator or FM booster station by the transmitter site of the LPFM station at any distance from the full power, FM translator or FM booster station.

(v) In the event that the number of unresolved complaints of third-adjacent channel interference within the protected contour of the affected full power FM, FM translator or FM booster station plus the number of complaints for which the source of third-adjacent channel interference remains in dispute equals at least one percent of the households within one kilometer of the LPFM transmitter site or thirty households, whichever is less, the LPFM and affected stations must cooperate in an “on-off” test to determine whether the third-adjacent channel interference is traceable to the LPFM station.

(vi) If the number of unresolved and disputed complaints of third-adjacent channel interference within the protected contour of the affected full power, FM translator or FM booster station exceeds the numeric threshold specified in paragraph (b)(1)(v) of this section following an “on-off” test, the affected station may request that the Commission initiate a proceeding to consider whether the LPFM station license should be modified or cancelled, which will be completed by the Commission within 90 days. Parties may seek extensions of the 90-day deadline consistent with Commission rules.

(vii) An LPFM station may stay any procedures initiated pursuant to paragraph (b)(1)(vi) of this section by voluntarily ceasing operations and filing an application for facility modification within twenty days of the commencement of such procedures.

(2) Periodic announcements.

(i) For a period of one year from the date of licensing of a new LPFM station that is constructed on a third-adjacent channel and satisfies the third-adjacent channel minimum distance separations set forth in § 73.807, such LPFM station shall broadcast periodic announcements. The announcements shall, at a minimum, alert listeners of the potentially affected third-adjacent channel station of the potential for interference, instruct listeners to contact the LPFM station to report any interference, and provide contact information for the LPFM station. The announcements shall be made in the primary language(s) of both the new LPFM station and the potentially affected third-adjacent channel station(s). Sample announcement language follows:

On (date of license grant), the Federal Communications Commission granted (LPFM station's call letters) a license to operate. (LPFM station's call letters) may cause interference to the operations of (third-adjacent channel station's call letters) and (other third-adjacent channel stations' call letters). If you are normally a listener of (third-adjacent channel station's call letters) or (other third-adjacent channel station's call letters) and are having difficulty receiving (third-adjacent channel station call letters) or (other third-adjacent channel station's call letters), please contact (LPFM station's call letters) by mail at (mailing address) or by telephone at (telephone number) to report this interference.

(ii) During the first thirty days after licensing of a new LPFM station that is constructed on a third-adjacent channel and satisfies the third-adjacent channel minimum distance separations set forth in Section 73.807, the LPFM station must broadcast the announcements specified in paragraph (b)(2)(i) of this section at least twice daily. The first daily announcement must be made between the hours of 7 a.m. and 9 a.m., or 4 p.m. and 6 p.m. The LPFM station must vary the time slot in which it airs this announcement. For stations that do not operate at these times, the announcements shall be made during the first two hours of broadcast operations each day. The second daily announcement must be made outside of the 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m. time slots. The LPFM station must vary the times of day in which it broadcasts this second daily announcement in order to ensure that the announcements air during all parts of its broadcast day. For stations that do not operate at these times, the announcements shall be made during the first two hours of broadcast operations each day. For the remainder of the one year period, the LPFM station must broadcast the announcements at least twice per week. The announcements must be broadcast between the hours of 7 a.m. and midnight. For stations that do not operate at these times, the announcements shall be made during the first two hours of broadcast operations each day.

(iii) Any new LPFM station that is constructed on a third-adjacent channel and satisfies the minimum distance separations set forth in § 73.807 must:

(A) notify the Audio Division, Media Bureau, and all affected stations on third-adjacent channels of an interference complaint. The notification must be made electronically within 48 hours after the receipt of an interference complaint by the LPFM station; and

(B) cooperate in addressing any third-adjacent channel interference.