Goto Section: 73.809 | 73.811 | Table of Contents
FCC 73.810
Revised as of October 1, 2014
Goto Year:2013 |
2015
§ 73.810 Third adjacent channel interference.
(a) LPFM Stations Licensed at Locations That Do Not Satisfy
Third-Adjacent Channel Minimum Distance Separations. An LPFM station
licensed at a location that does not satisfy the third-adjacent channel
minimum distance separations set forth in § 73.807 is subject to the
following provisions:
(1) Such an LPFM station will not be permitted to continue to operate
if it causes any actual third-adjacent channel interference to:
(i) The transmission of any authorized broadcast station; or
(ii) The reception of the input signal of any TV translator, TV
booster, FM translator or FM booster station; or
(iii) The direct reception by the public of the off-the-air signals of
any authorized broadcast station including TV Channel 6 stations, Class
D (secondary) noncommercial educational FM stations, and previously
authorized and operating LPFM stations, FM translators and FM booster
stations. Interference will be considered to occur whenever reception
of a regularly used signal on a third-adjacent channel is impaired by
the signals radiated by the LPFM station, regardless of the quality of
such reception, the strength of the signal so used, or the channel on
which the protected signal is transmitted.
(2) If third-adjacent channel interference cannot be properly
eliminated by the application of suitable techniques, operation of the
offending LPFM station shall be suspended and shall not be resumed
until the interference has been eliminated. Short test transmissions
may be made during the period of suspended operation to check the
efficacy of remedial measures. If a complainant refuses to permit the
licensee of the offending LPFM station to apply remedial techniques
which demonstrably will eliminate the third-adjacent channel
interference without impairment to the original reception, the licensee
is absolved of further responsibility for that complaint.
(3) Upon notice by the Commission to the licensee that such
third-adjacent channel interference is being caused, the operation of
the LPFM station shall be suspended within three minutes and shall not
be resumed until the interference has been eliminated or it can be
demonstrated that the interference is not due to spurious emissions by
the LPFM station; provided, however, that short test transmissions may
be made during the period of suspended operation to check the efficacy
of remedial measures.
(b) LPFM stations licensed at locations that satisfy third-adjacent
channel minimum distance separations. An LPFM station licensed at a
location that satisfies the third-adjacent channel minimum distance
separations set forth in § 73.807 is subject to the following
provisions:
(1) Interference complaints and remediation. (i) Such an LPFM station
is required to provide copies of all complaints alleging that its
signal is causing third-adjacent channel interference to or impairing
the reception of the signal of a full power FM, FM translator or FM
booster station to such affected station and to the Commission.
(ii) A full power FM, FM translator or FM booster station shall review
all complaints it receives, either directly or indirectly, from
listeners regarding alleged third-adjacent channel interference caused
by the operations of such an LPFM station. Such full power FM, FM
translator or FM booster station shall also identify those that qualify
as bona fide complaints under this section and promptly provide such
LPFM station with copies of all bona fide complaints. A bona fide
complaint:
(A) Must include current contact information for the complainant;
(B) Must state the nature and location of the alleged third-adjacent
channel interference and must specify the call signs of the LPFM
station and affected full power FM, FM translator or FM booster
station, and the type of receiver involved; and
(C) Must be received by either the LPFM station or the affected full
power FM, FM translator or FM booster station within one year of the
date on which the LPFM station commenced broadcasts with its currently
authorized facilities.
(iii) The Commission will accept bona fide complaints and will notify
the licensee of the LPFM station allegedly causing third-adjacent
channel interference to the signal of a full power FM, FM translator or
FM booster station of the existence of the alleged interference within
7 calendar days of the Commission's receipt of such complaint.
(iv) Such an LPFM station will be given a reasonable opportunity to
resolve all complaints of third-adjacent channel interference within
the protected contour of the affected full power FM, FM translator or
FM booster station. A complaint will be considered resolved where the
complainant does not reasonably cooperate with an LPFM station's
remedial efforts. Such an LPFM station also is encouraged to address
all other complaints of third-adjacent channel interference, including
complaints based on interference to a full power FM, FM translator or
FM booster station by the transmitter site of the LPFM station at any
distance from the full power, FM translator or FM booster station.
(v) In the event that the number of unresolved complaints of
third-adjacent channel interference within the protected contour of the
affected full power FM, FM translator or FM booster station plus the
number of complaints for which the source of third-adjacent channel
interference remains in dispute equals at least one percent of the
households within one kilometer of the LPFM transmitter site or thirty
households, whichever is less, the LPFM and affected stations must
cooperate in an "on-off" test to determine whether the third-adjacent
channel interference is traceable to the LPFM station.
(vi) If the number of unresolved and disputed complaints of
third-adjacent channel interference within the protected contour of the
affected full power, FM translator or FM booster station exceeds the
numeric threshold specified in paragraph (b)(1)(v) of this section
following an "on-off" test, the affected station may request that the
Commission initiate a proceeding to consider whether the LPFM station
license should be modified or cancelled, which will be completed by the
Commission within 90 days. Parties may seek extensions of the 90-day
deadline consistent with Commission rules.
(vii) An LPFM station may stay any procedures initiated pursuant to
paragraph (b)(1)(vi) of this section by voluntarily ceasing operations
and filing an application for facility modification within twenty days
of the commencement of such procedures.
(2) Periodic announcements. (i) For a period of one year from the date
of licensing of a new LPFM station that is constructed on a
third-adjacent channel and satisfies the third-adjacent channel minimum
distance separations set forth in § 73.807, such LPFM station shall
broadcast periodic announcements. The announcements shall, at a
minimum, alert listeners of the potentially affected third-adjacent
channel station of the potential for interference, instruct listeners
to contact the LPFM station to report any interference, and provide
contact information for the LPFM station. The announcements shall be
made in the primary language(s) of both the new LPFM station and the
potentially affected third-adjacent channel station(s). Sample
announcement language follows:
On (date of license grant), the Federal Communications Commission
granted (LPFM station's call letters) a license to operate. (LPFM
station's call letters) may cause interference to the operations of
(third-adjacent channel station's call letters) and (other
third-adjacent channel stations' call letters). If you are normally a
listener of (third-adjacent channel station's call letters) or (other
third-adjacent channel station's call letters) and are having
difficulty receiving (third-adjacent channel station call letters) or
(other third-adjacent channel station's call letters), please contact
(LPFM station's call letters) by mail at (mailing address) or by
telephone at (telephone number) to report this interference.
(ii) During the first thirty days after licensing of a new LPFM station
that is constructed on a third-adjacent channel and satisfies the
third-adjacent channel minimum distance separations set forth in
Section 73.807, the LPFM station must broadcast the announcements
specified in paragraph (b)(2)(i) of this section at least twice daily.
The first daily announcement must be made between the hours of 7 a.m.
and 9 a.m., or 4 p.m. and 6 p.m. The LPFM station must vary the time
slot in which it airs this announcement. For stations that do not
operate at these times, the announcements shall be made during the
first two hours of broadcast operations each day. The second daily
announcement must be made outside of the 7 a.m. to 9 a.m. and 4 p.m. to
6 p.m. time slots. The LPFM station must vary the times of day in which
it broadcasts this second daily announcement in order to ensure that
the announcements air during all parts of its broadcast day. For
stations that do not operate at these times, the announcements shall be
made during the first two hours of broadcast operations each day. For
the remainder of the one year period, the LPFM station must broadcast
the announcements at least twice per week. The announcements must be
broadcast between the hours of 7 a.m. and midnight. For stations that
do not operate at these times, the announcements shall be made during
the first two hours of broadcast operations each day.
(iii) Any new LPFM station that is constructed on a third-adjacent
channel and satisfies the minimum distance separations set forth in
§ 73.807 must:
(A) notify the Audio Division, Media Bureau, and all affected stations
on third-adjacent channels of an interference complaint. The
notification must be made electronically within 48 hours after the
receipt of an interference complaint by the LPFM station; and
(B) cooperate in addressing any third-adjacent channel interference.
[ 78 FR 2104 , Jan. 9, 2013]
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Goto Section: 73.809 | 73.811
Goto Year: 2013 |
2015
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