§ 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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