§  73.850   Operating schedule.

   Link to an amendment published at  85 FR 35573 , June 11, 2020.

   (a) All LPFM stations will be licensed for unlimited time operation,
   except those stations operating under a time sharing agreement pursuant
   to § 73.872.

   (b) All LPFM stations are required to operate at least 36 hours per
   week, consisting of at least 5 hours of operation per day on at least 6
   days of the week; however, stations licensed to educational
   institutions are not required to operate on Saturday or Sunday or to
   observe the minimum operating requirements during those days designated
   on the official school calendar as vacation or recess periods.

   (c) All LPFM stations, including those meeting the requirements of
   paragraph (b) of this section, but which do not operate 12 hours per
   day each day of the year, will be required to share use of the
   frequency upon the grant of an appropriate application proposing such
   share time arrangement. Such applications must set forth the intent to
   share time and must be filed in the same manner as are applications for
   new stations. Such applications may be filed at any time after an LPFM
   station completes its third year of licensed operations. In cases where
   the licensee and the prospective licensee are unable to agree on time
   sharing, action on the application will be taken only in connection
   with a renewal application for the existing station filed on or after
   June 1, 2019. In order to be considered for this purpose, an
   application to share time must be filed no later than the deadline for
   filing petitions to deny the renewal application of the existing
   licensee.

   (1) The licensee and the prospective licensee(s) shall endeavor to
   reach an agreement for a definite schedule of periods of time to be
   used by each. Such agreement must be in writing and must set forth
   which licensee is to operate on each of the hours of the day throughout
   the year. Such agreement must not include simultaneous operation of the
   stations. Each licensee must file the same in triplicate with each
   application to the Commission for initial construction permit or
   renewal of license. Such written agreements shall become part of the
   terms of each station's license.

   (2) The Commission desires to facilitate the reaching of agreements on
   time sharing. However, if the licensees of stations authorized to share
   time are unable to agree on a division of time, the prospective
   licensee(s) must submit a statement with the Commission to that effect
   filed with the application(s) proposing time sharing.

   (3) After receipt of the type of application(s) described in paragraph
   (c)(2) of this section, the Commission will process such application(s)
   pursuant to § § 73.3561 through 73.3568 of this Part. If any such
   application is not dismissed pursuant to those provisions, the
   Commission will issue a notice to the parties proposing a time-sharing
   arrangement and a grant of the time-sharing application(s). The
   licensee may protest the proposed action, the prospective licensee(s)
   may oppose the protest and/or the proposed action, and the licensee may
   reply within the time limits delineated in the notice. All such
   pleadings must satisfy the requirements of Section 309(d) of the Act.
   Based on those pleadings and the requirements of Section 309 of the
   Act, the Commission will then act on the time-sharing application(s)
   and the licensee's renewal application.

   (4) A departure from the regular schedule set forth in a time-sharing
   agreement will be permitted only in cases where a written agreement to
   that effect is reduced to writing, is signed by the licensees of the
   stations affected thereby, and is filed in triplicate by each licensee
   with the Commission, Attention: Audio Division, Media Bureau, prior to
   the time of the proposed change. If time is of the essence, the actual
   departure in operating schedule may precede the actual filing of the
   written agreement, provided that appropriate notice is sent to the
   Commission in Washington, DC, Attention: Audio Division, Media Bureau.

   [ 65 FR 7640 , Feb. 15, 2000, as amended at  78 FR 2106 , Jan. 9, 2013]