73.871

Part 73, Subpart G, Section 73.871 is a regulation in the Low Power FM service that addresses that amendments to applications to for new LPFM stations and major changes to LPFM stations during and following the designated filing window.

During the filing window

During the LPFM filing window, LPFM applications for new stations and major changes can be amended without any limitations.

After the filing window closes

Amendments that improve the applicant's comparative position in the point system will not be permitted. This includes adding point claims that were not originally claimed during the filing window. This also includes adding any documentation to support a point claim that was not included during the window or make other changes to improve the comparative position. Amendments that downgrade the comparative position are allowed.

Site moves are limited to 11.2 kilometers (6.96 miles) or in cases where the 60 dBu contours of the original and proposed facilities overlap. Applicants attempting a time share agreement may move a longer distance in order to co-locate their transmitter site with their proposed timeshare partner. Moves are also allowed to be very close to a third-adjacent channel in order to resolve interference concerns. When considering distances on amendments, the originally filed for location (at the close of the window) is used to determine compliance on the amendments. In other words, you cannot file amendments to "hop" to a different location (e.g. move to the west 8 kilometers on an amendment and then move further west another 8 kilometers on a separate amendment).

Universal time share agreements between mutually exclusive (competing) applicants can be filed at any time after the window closes.

Any changes related to board members may not result in a change of over 50% of the members from the last filing made during the filing window.

Unauthorized amendments will be denied.

Regulatory history

The amendment rules were enacted in the 2001 Second Report and Order which included minor amendments up to 2 km (1.2 miles) for LP-100 and 1 km (0.6 miles) for LP-10 and no more than a 50% ownership change in control. The rule was amended in the 2007 Third Report and Order to extend the minor change distances to 3.1 km (2 miles) for LP-10 and 5.6 km (3.5 miles) for LP-100, added the ability to add time share agreements and the language to allow colocation of time share partners. In the 2012 Sixth Report and Order, the rule was amended to reflect the elimination of the LP-10 service and to add provisions to allow moves near third-adjacent channel stations. The 2020 LPFM/NCE Administrative Order added some language regarding changes in board members and to clarify that any changes in the structure of government applications will be considered minor. In the 2020 LPFM Tech Order, the rule was amended to reflect a minor change distance of 11.2 km (6.96 miles) or overlapping 60 dBu contours.

Federal Register citation

66 FR 23863, May 10, 2001, as amended at 70 FR 39186, July 7, 2005; 73 FR 3217, Jan. 17, 2008; 78 FR 2108, Jan. 9, 2013; 85 FR 7889, Feb. 12, 2020; 85 FR 35574, June 11, 2020

Text of regulation 47 CFR §73.871

§ 73.871 Amendment of LPFM broadcast station applications.

(a) New and major change applications may be amended without limitation during the pertinent filing window.

(b) Amendments that would improve the comparative position of new and major change applications will not be accepted after the close of the pertinent filing window.

(c) Only minor amendments to new and major change applications will be accepted after the close of the pertinent filing window. Subject to the provisions of this section, such amendments may be filed as a matter of right by the date specified in the FCC's Public Notice announcing the acceptance of such applications. For the purposes of this section, minor amendments are limited to:

(1) Site relocations of 11.2 kilometers or less;

(2) Site relocations that involve overlap between the 60 dBu service contours of the currently authorized and proposed facilities;

(3) Changes in ownership where the original party or parties to an application either:

(i) Retain more than a 50 percent ownership interest in the application as originally filed;

(ii) Retain an ownership interest of 50 percent or less as the result of governing board changes in a nonstock or membership applicant that occur over a period of six months or more; or

(iii) Retain an ownership interest of 50 percent or less as the result of governing board changes in a nonstock or membership applicant that occur over a period of less than six months and there is no evidence of a takeover concern or a significant effect on such organization's mission. All changes in a governmental applicant are considered minor;

(4) Universal voluntary time-sharing agreements to apportion vacant time among the licensees;

(5) Other changes in general and/or legal information;

(6) Filings proposing transmitter site relocation to a common location submitted by applications that are parties to a voluntary time-sharing agreement with regard to their stations pursuant to § 73.872 (c) and (e); and

(7) Filings 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.

(d) Unauthorized or untimely amendments are subject to return by the FCC's staff without consideration.