73.853

Part 73, Subpart G, Section 73.853 is a core regulation that addresses the basic requirements to be the licensee of an LPFM station.

LPFM licensees must be nonprofit entities

This rule provides for three different qualifications for an entity to be an LPFM licensee

Educational organizations

LPFM stations may be licensed to nonprofit organizations with an educational purpose and only upon a showing that the radio station will advance the organization's educational program. When an application is filed for a new LPFM station or when an existing station as transferred (assigned) to a different organization, the applicant seeking to be an LPFM licensee must submit a statement that describes their organization, the organization's educational objectives and how the LPFM station will advance those educational objectives. The FCC is looking for information on how the LPFM station is going to "instruct" or "teach". This does not mean that LPFM stations must be licensed to schools or colleges. They can be licensed to any nonprofit organization that has an educational purpose.

An LPFM licensee or potential licensee must be registered as a nonprofit organization in any state. Some states do have a minimum number of board members required for filing. While that recognition does not have to be in the same state as the location of the station, there may be state laws that require the organization to file as a "foreign corporation" in that state before they can do business there. The "foreign corporation" issue is not an FCC issue, but could be more of a state law issue. In addition, licensees need to remember to keep their corporate status current, which means any required annual report filings or fee payments to the state concerned. Corporate status should not be allowed to lapse, even though some states will reinstate lapsed corporate statuses retroactive to the date of the lapse.

While licensees should have an Employer Identification Number (EIN) from the Internal Revenue Service, they are not required to have a 501(c)(3) charity tax exemption status.

LPFM stations cannot be licensed to individuals, partnerships, for-profit corporations or for-profit LLCs.

Applicants that are not a corporation will need to include information to demonstrate that prior to the application filing, they were conducting business in the state as an unincorporated association. The showing must include a statement from an attorney licensed to practice law in the state involved that cites the state law that permits unincorporated associations in the state.

Government agencies

LPFM stations can be licensed to state, county/parish and local government agencies and districts upon a showing that the LPFM station will be used in connection with the agency's public safety operations.

Tribal entities

Tribal entities are those that are 51 percent or more owned by tribes or tribal members and the proposed LPFM station is on tribal lands.

LPFM stations must be local entities

LPFM stations operated by educational organizations must be local. This means that within 10 miles (16.1 kilometers) of an LPFM antenna located in a Top 50 Media Market or within 20 miles (32.2 kilometers) of an LPFM antenna located outside a Top 50 market, the nonprofit entity must have either their headquarters, a campus or 75 percent of the organization's board members within that radius. LPFM applicants will need to disclose their headquarters physical address as well as the physical residential addresses of the board members. If the applicant is claiming a local headquarters or campus, they may not use a PO box and must include evidence of the headquarters or in the case of a campus, then can include school brochures that show the information on the local campus. If the claim is made on board members, then PO boxes are not accepted for board members unless than 25 percent of the bord members are disclosed with PO boxes. At least 80 percent of the board members need to be United States citizens. Permanent Resident (green card) and temporary protected status (TPS) are not considered as United States citizenship for FCC purposes.

State, county/parish and local government agencies and districts will demonstrate their localism through the LPFM station being located in their designated jurisdiction.

Tribal entities will claim localism through the LPFM station being located on tribal lands.

Regulatory history

This rule was enacted in the original 2000 LPFM Report and Order which set the qualifications for local applicants being located within 10 miles of the station, regardless of media market as well as established the criteria for public safety. In the 2007 Third Report and Order, the rules were amended at the time when the ownership cap was decreased from 10 stations to one station. Prior to the rule change an organization could own up to 10 LPFM stations but for the first filing window series, the applications for new stations were reserved for only local applicants and only one application. The 2007 changes also expanded the area of localism for educational entities to 20 miles from the station outside of the top-50 media markets. In the 2012 Sixth Report and Order, the FCC added new rules regarding tribal priority and enacted rules that allowed tribal entities to be LPFM licensees.

Federal Register citation

65 FR 7640, Feb. 15, 2000, as amended at 73 FR 3216, Jan. 17, 2008; 78 FR 2107, Jan. 9, 2013

Text of regulation 47 CFR §73.853

§ 73.853 Licensing requirements and service.

(a) An LPFM station may be licensed only to:

(1) Nonprofit educational organizations and upon a showing that the proposed station will be used for the advancement of an educational program; and

(2) State and local governments and non-government entities that will provide non-commercial public safety radio services.

(3) Tribal Applicants, as defined in paragraph (c) of this section that will provide non-commercial radio services.

(b) Only local organizations will be permitted to submit applications and to hold authorizations in the LPFM service. For the purposes of this paragraph, an organization will be deemed local if it can certify, at the time of application, that it meets the criteria listed below and if it continues to satisfy the criteria at all times thereafter.

(1) The applicant, its local chapter or branch is physically headquartered or has a campus within 16.1 km (10 miles) of the proposed site for the transmitting antenna for applicants in the top 50 urban markets, and 32.1 km (20 miles) for applicants outside of the top 50 urban markets;

(2) It has 75% of its board members residing within 16.1 km (10 miles) of the proposed site for the transmitting antenna for applicants in the top 50 urban markets, and 32.1 km (20 miles) for applicants outside of the top 50 urban markets; or

(3) In the case of any applicant proposing a public safety radio service, the applicant has jurisdiction within the service area of the proposed LPFM station.

(4) In the case of a Tribal Applicant, as defined in paragraph (c) of this section, the Tribal Applicant's Tribal lands, as that term is defined in § 73.7000, are within the service area of the proposed LPFM station.

(c) A Tribal Applicant is a Tribe or an entity that is 51 percent or more owned or controlled by a Tribe or Tribes. For these purposes, Tribe is defined as set forth in § 73.7000.