73.870

Part 73, Subpart G, Section 73.870 is a core regulation in the Low Power FM (LPFM) radio service concerning the processing of LPFM applications.

Minor changes to authorized facilities

Overview

A minor change to a licensed facility can be filed at any time. While the rules for LPFM state that applications are processed in the order they are tendered (filed), the FCC's Audio Division has been following the practice that is used in other broadcast services where applications that are filed on the same day are considered as simultaneously filed and both cannot be processed. This departure from the rules has resulted in cases where the FCC has not acted on pending LPFM applications until one of the two parties withdraw their application.

Applications that do not meet the requirements for a minor change are considered major changes and can only be filed during a designated LPFM filing window.

Channel changes

Channel changes are sometimes done by LPFM stations as a result of a change made by a full-service FM or FM Translator facility that increases the amount of interference received by the LPFM station.

In order to change to a channel, regardless of the circumstances behind the channel change, the LPFM proposal must meet the required minimum distance separations of § 73.807 for other FM stations and for LPFM stations on 88.1~91.9, § 73.825 towards TV stations on Channel 6. Second adjacent channel waivers can be granted where appropriate. There are no exceptions that permits departure from the distance separation rules and acknowledged waiver types available under any circumstances. The Local Community Radio Act of 2010 prohibits the FCC from changing their rules to permit LPFM stations to be spaced closer to full-service FM stations than what is currently in § 73.807(a) and (b) of the Rules.

Changing to a "minor" channel

As a minor change, an LPFM station can change to a first-adjacent, second-adjacent or third-adjacent channel. They can also change to an intermediate frequency channel 53 or 54 channels (10.6 or 10.8 MHz) away. For example, an LPFM station on 104.5 can change to first-adjacent channels 104.3 and 104.7, second-adjacent channels 104.1 and 104.9, third-adjacent channels 103.9 and 105.1 as well as intermediate frequency channels 93.7 and 93.9 MHz. No additional justification is necessary to change to one of these "minor" channels.

Overview

In the case of interference either received by or caused by the LPFM station and none of the "minor" change channels are available or otherwise suitable, the LPFM station can change to any of the 100 FM channels (88.1~107.9). To change to a channel that does not meet the minor change requirements, a contour study must be conducted to demonstrate reduced interference. This means that an LPFM must compare the potential interference on the current channel with the potential interference on the proposed channel. This is different than the rule for FM translators which only requires a showing of interference on the current channel but no demonstration of improvement on the proposed channel.

Incoming interference

The most common form of LPFM interference is where a change by another facility increases the "noise floor" in a certain direction from the LPFM station. In some cases, this interference will cause an LPFM station to be completely obliterated in a significant part of their service area. When reviewing these cases, we look at the interfering contours of other stations on co-channel and the first-adjacent channels. We look at where the 40 dBu interfering contour (for co-channel interfering stations) or the 54 dBu interfering contour (for first-adjacent channel interfering stations) appear in respect to the LPFM station's 60 dBu service contour. We also look at the field strength of the interfering contour of those stations at the LPFM transmitter site. We do the same thing for the proposed channel. if, by looking at the 40 or 54 dBu interfering contours, we can show that on the new channel, there is more area of the 60 dBu LPFM service contour that is not overlapped by an interfering contour, then we have a showing that interference would be reduced. If interfering contours on both the current and proposed LPFM channel continue to overlap the LPFM 60 dBu interfering contour, we look at the field strength of the interfering contours at the LPFM site. If the field strength of those contours are weaker (a lower dB number), then we can make a showing of reduced interference.

Outgoing interference

Like with incoming interference, outgoing interference is caused by application activity by another facility. This would mean that the interfering contours of the LPFM station are overlapping the service contours of the other facility as set forth:

Other FM station class	LPFM interfering contour on co-channel	LPFM interfering contour on first-adjacent channel	Other station service contour	Other station "city grade" contour
Class B on 92.1~107.9	34 dBu	48 dBu	54 dBu	70 dBu
Class B1 on 92.1~107.9	37 dBu	51 dBu	57 dBu	70 dBu
Class B and B1 on 88.1~91.9 as well as all other FM service classes including FM Translators on any channel.	40 dBu	54 dBu	60 dBu	70 dBu

If the change results in a overlap of the appropriate LPFM interfering contour into the 70 dBu city grade contour of a full-service FM facility, the full-service FM facility can claim interference from the LPFM station and require the LPFM station to cease operations on the current channel. LPFM stations can use the same criteria to proactively request a channel change to any available channel under those circumstances. Unenforceable interference to an another station happens when the LPFM interfering contour overlaps the other station's service contour. These situations, when coupled with a showing that the proposed channel does not exhibit similar issues does carry a lot of weight with the FCC. Enforceable interference also takes place when the LPFM interfering contour overlaps the boundaries of the community of license of the other station. More information on enforceable interference can be found in § 73.809.

Station moves

A station wishing to move the location of their transmitting antenna must file that request with the FCC as a Minor Modification to Facility in LMS and a granted construction permit is required before any changes can be made. In addition, any changes in antenna height on the same tower either more than 2 meters (6 feet) higher or more than 4 meters (12 feet) lower will also require a granted construction permit.

As a minor change, an LPFM station can move up to 11.2 kilometers (6.96 miles) from their currently authorized site. LPFM stations that need to move further can make a technical showing by using a contour study that demonstrates that the 60 dBu service contour of the proposed location overlaps the 60 dBu service contour of the current LPFM facility, even if that overlap is minimal.

An LPFM station that is on a time share agreement may move more than 11.2 kilometers if the proposed site is the same as another LPFM station in the same time share agreement.

In a rare situation where the LPFM station is creating interference to another station on third-adjacent channel, the FCC will permit an LPFM station to move to a location very close to the third-adjacent channel FM station as long as the channel meets the minimum distance separation (must be the same channel that the station is on now).

Any proposed new site must meet the §§ 73.807 and 73.825 minimum distance separation requirements and if a "major" channel change is needed, then a technical study described above is required to show that the new channel will result in reduced interference.

Stations only changing their main studio address but keeping their transmitter at the same location do not need to file with the FCC. However, if the mailing address for the station is changing, then it may be a good idea to file an Administrative Update in LMS to advise the FCC of the station's mailing address, telephone number and email address.

Major changes

Any kind of channel or location change that does not meet the "minor" change criteria is considered a "major" change. Major changes are only allowed during filing windows. If a major change application is mutually exclusive (competes) with an application filed during the filing window for a new LPFM station or a major change to another LPFM station, then those applications will be declared mutually exclusive and will be placed in a group with other conflicting applicants and unless the mutual exclusivity can be resolved through minor changes, then the applications will go to the point system for consideration. If an applicant filing a major change is unsuccessful in the point system, their major change application would be dismissed but their currently licensed facility would remain unaffected.

Applications for new LPFM stations

Applications for new LPFM stations will only be accepted during a designated filing window. The FCC will publicly announce the date and time (Eastern) that the window opens and the date and time when the window closes. Applications received after the close of the window will be dismissed without consideration.

On their original applications, LPFM applicants must specify a location and channel that meets the § 73.807 minimum distance separation requirements. If they do not meet those requirements from the start, the application would be dismissed without any opportunity to cure the defect on a nunc pro tunc basis.

LPFM applicants seeking use of an LPFM channel in which the existing LPFM station on that channel only uses it for a certain number of hours per day can file in the filing window to propose service during those other times. These applications can only be made during a filing window.

Regulatory history

In the initial 2000 LPFM Report and Order, LPFM stations were allowed to move up to two kilometers (1.2 miles) for LP-100 stations and one kilometer (0.6 miles) for LP-10 stations. Channel changes to any adjacent or IF channels were allowed. Short-spaced proposals would be dismissed without the opportunity to cure nunc pro tunc. In 2005 in the Second Order on Reconsideration, the maximum move distances were extended to 5.6 kilometers (3.5 miles) for LP-100 stations and 3.2 kilometers (2 miles) for LP-10 stations. In the 2007 Third Report and Order, additional language was added to allow longer moves to co-locate with time share partners, language was added to specifically state that changes in time share agreements would be a minor change and added language where unused time could be applied for during a filing window. In the 2012 Sixth Report and Order, the rule was amended to reflect the removal of the LP-10 service and additional language was added to allow longer moves to address third-adjacent channel interference issues. In 2020 LPFM Tech Order, in response to the many waivers that have been given out for longer moves, the FCC extended to minor move distance to 11.2 kilometers (6.96 miles) and also to allow minor moves if the 60 dBu contours overlap. The amendment also clarified which channels are considered "adjacent".

Federal Register citation

65 FR 7640, Feb. 15, 2000, as amended at 65 FR 67304, Nov. 9, 2000; 70 FR 39186, July 7, 2005; 73 FR 3217, Jan. 17, 2008; 78 FR 2108, Jan. 9, 2013; 85 FR 35574, June 11, 2020

Text of regulation 47 CFR §73.870

§ 73.870 Processing of LPFM broadcast station applications.

(a) A minor change for an LPFM station authorized under this subpart is limited to transmitter site relocations not exceeding 11.2 kilometers or where the 60 dBu contour of the authorized facility overlaps the 60 dBu contour of the proposed facility. These distance limitations do not apply to amendments or applications proposing transmitter site relocation to a common location filed by applicants that are parties to a voluntary time-sharing agreement with regard to their stations pursuant to § 73.872(c) and (e). These distance limitations also do not apply to an amendment or application 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; provided, however, that the proposed relocation is consistent with all localism certifications made by the applicant in its original application for the LPFM station. Minor changes of LPFM stations may include:

(1) Changes in frequency to adjacent or IF frequencies (± 1, 2, 3, 53 or 54 channels) or, upon a technical showing of reduced interference, to any frequency; and

(2) Amendments to time-sharing agreements, including universal agreements that supersede involuntary arrangements.

(b) The Commission will specify by Public Notice a window filing period for applications for new LPFM stations and major modifications in the facilities of authorized LPFM stations. LPFM applications for new facilities and for major modifications in authorized LPFM stations will be accepted only during the appropriate window. Applications submitted prior to the window opening date identified in the Public Notice will be returned as premature. Applications submitted after the deadline will be dismissed with prejudice as untimely.

(c) Applications subject to paragraph (b) of this section that fail to meet the § 73.807 minimum distance separations with respect to all applications and facilities in existence as the date of the pertinent public notice in paragraph (b) of this section other than to LPFM station facilities proposed in applications filed in the same window, will be dismissed without any opportunity to amend such applications.

(d) Following the close of the window, the Commission will issue a Public Notice of acceptance for filing of applications submitted pursuant to paragraph (b) of this section that meet technical and legal requirements and that are not in conflict with any other application filed during the window. Following the close of the window, the Commission also will issue a Public Notice of the acceptance for filing of all applications tentatively selected pursuant to the procedures for mutually exclusive LPFM applications set forth at § 73.872. Petitions to deny such applications may be filed within 30 days of such public notice and in accordance with the procedures set forth at § 73.3584. A copy of any petition to deny must be served on the applicant.

(e) Minor change LPFM applications may be filed at any time, unless restricted by the staff, and generally, will be processed in the order in which they are tendered. Such applications must meet all technical and legal requirements applicable to new LPFM station applications.

(f) New entrants seeking to apply for unused or unwanted time on a time-sharing frequency will only be accepted during an open filing window, specified pursuant to paragraph (b) of this section.