Sec.  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.

   (b) Only local applicants will be permitted to submit applications. For the
   purposes of this paragraph, an applicant will be deemed local if it can
   certify that:

   (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.

   [ 65 FR 7640 , Feb. 15, 2000, as amended at  73 FR 3216 , Jan. 17, 2008]