73.860
Part 73, Subpart G, Section 73.860 is a regulation in the Low Power FM radio service that addresses cross ownership. Paragraph (d) of this Section is also known as the "Student Station Rule".
General cross-ownership rule
In general, no party (director or board member) to the application for an LPFM station may have an attributable interest with any other broadcast station, including AM or (full-service) FM broadcast station, FM Translator, TV broadcast station, low power TV station or any other media subject to broadcast ownership restrictions such as a newspaper in circulation within the service area of the LPFM station. There are some exceptions as noted below.
If the incoming organization does have an attributable interest, they may pledge to divest themselves of that interest. Any authorization will be conditioned on the attributable interest being first divested prior to the station being allowed to engage in program testing (turning on the transmitter) for new station applications or for cases where the LPFM license is being assigned to a different organization, the divestiture must take place prior to the assignment of the license being consummated. Divestiture may mean the assignment of the other license to a different organization where the divestiture will be effective after the assignment is granted and the consummation is complete. Divestiture can also happen with the removal of the board member from the other station through board resignation or sale of stock. Such divestitures should be documented through a transfer of control application on the other station. Divestiture can also happen if the other station's license is surrendered to the FCC for cancellation.
Cross-ownership of FM Translator and FM Booster Stations
An LPFM station not licensed to a tribal entity may also be the common-owner of up to a combination of two FM Translator or FM Booster stations. In other words, they can own up to 2 FM Translators, 2 FM Boosters or 1 FM Translator and 1 FM Booster.
LPFM stations that are licensed to a tribal entity may be the common owner of up to a combination of four FM Translator or FM Booster stations.
For FM Translators, the 60 dBu service contour of the FM Translator must overlap the 60 dBu service contour of the LPFM station.
For FM Boosters, the 60 dBu service contour of the LPFM station must fully encompass the 60 dBu service contour of the FM booster.
FM Translators must receive the LPFM station's signal over the air using a radio receiver at the FM Translator site and cannot use alternate means such as the internet, a wireless data link, a microwave link or satellite to receive the source programming. FM Boosters can use any means available to receive the source programming.
For LPFM stations operating HD Radio, the FM Translator or FM Booster must rebroadcast the main HD1 or analog programming service. There are no rules that specifically prohibit an FM Translator or FM Booster from also being equipped with HD Radio and rebroadcasting all of the HD subchannels. The HD1 stream is the absolute minimum requirement.
The location of the commonly-owned FM Translator or FM Booster station must be located within 10 miles (16.1 kilometers) of the LPFM transmitting antenna in the top 50 media markets and must be located within 20 miles (32.2 kilometers) elsewhere.
LPFM translators that do not meet these requirements should be licensed to another entity with no attributable interests in the LPFM station's organization.
Student Station Rule
Accredited educational institutions such as K-12 schools, colleges and universities with an attributable interest in with any other broadcast station or other media subject to broadcast ownership restrictions may hold an attributable interest in an LPFM station if the LPFM station will be managed and operated on a day-by-day basis by students of the accredited institution.
During filing windows, applicants proposing such stations may not claim broadcast diversity in the point system.
Prohibition on operating agreements and LMAs
While LPFM stations are permitted to rebroadcast other LPFM stations, the LPFM station may not enter into any kind of operating agreement with another broadcast station (LPFM or full-power). This includes agreements where the other station will manage or operate the station, decide on what programming will air on the LPFM station or be able to purchase time on the LPFM station. The ability to purchase airtime is prohibited on all noncommercial educational stations, both full-service and low-power.
An LPFM station cannot rebroadcast the signals of a full-power radio broadcast station.
Regulatory history
This rule was created in the original 2000 LPFM Report and Order to impose a no attributable interest rule, the option for divestiture and the restriction on operating agreements. The rule was amended in the 2000 Order on Reconsideration to add the Student Station Rule. The rule would be amended again in the 2012 Sixth Report and Order to add the ability for LPFM stations to commonly own FM translators. The rule would again be amended in the 2020 LPFM Tech Order to permit LPFM stations to own FM Booster stations.
Federal Register citation
78 FR 2107, Jan. 9, 2013, as amended at 85 FR 35573, June 11, 2020
Text of regulation 47 CFR §73.860
§ 73.860 Cross-ownership.
(a) Except as provided in paragraphs (b), (c) and (d) of this section, no license shall be granted to any party if the grant of such authorization will result in the same party holding an attributable interest in any other non-LPFM broadcast station, including any FM translator or low power television station, or any other media subject to our broadcast ownership restrictions.
(b) A party that is not a Tribal Applicant, as defined in § 73.853(c), may hold attributable interests in one LPFM station and no more than two FM translator stations, two FM booster stations, or one FM translator station and one FM booster station provided that the following requirements are met:
(1) The 60 dBu contour of the LPFM station overlaps the 60 dBu contour of the commonly-owned FM translator station(s) and entirely encompasses the 60 dBu service contour of the FM booster station(s);
(2) The FM translator and/or booster station(s), at all times, synchronously rebroadcasts the primary analog signal of the commonly-owned LPFM station or, if the commonly-owned LPFM station operates in hybrid mode, synchronously rebroadcasts the digital HD-1 version of the LPFM station's signal;
(3) The FM translator station receives the signal of the commonly-owned LPFM station over-the-air and directly from the commonly-owned LPFM station itself. The FM booster station receives the signal of the commonly-owned LPFM station by any means authorized in § 74.1231(i) of this chapter; and
(4) The transmitting antenna of the FM translator and/or booster station(s) is located within 16.1 kilometers (10 miles) for LPFM stations located in the top 50 urban markets and 32.1 kilometers (20 miles) for LPFM stations outside the top 50 urban markets of either the transmitter site of the commonly-owned LPFM station or the reference coordinates for that station's community of license.
(c) A party that is a Tribal Applicant, as defined in § 73.853(c), may hold attributable interests in no more than two LPFM stations and four FM translator stations provided that the requirements set forth in paragraph (b) of this section are met.
(d) Unless such interest is permissible under paragraphs (b) or (c) of this section, a party with an attributable interest in a broadcast radio station must divest such interest prior to the commencement of operations of an LPFM station in which the party also holds an interest. However, a party need not divest such an attributable interest if the party is a college or university that can certify that the existing broadcast radio station is not student run. This exception applies only to parties that:
(1) Are accredited educational institutions;
(2) Own an attributable interest in non-student run broadcast stations; and
(3) Apply for an authorization for an LPFM station that will be managed and operated on a day-to-day basis by students of the accredited educational institution.
(e) No LPFM licensee may enter into an operating agreement of any type, including a time brokerage or management agreement, with either a full power broadcast station or another LPFM station.