Goto Section: 73.845 | 73.853 | Table of Contents
Revised as of October 20, 2020
Goto Year:2020 |
§ 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
(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]
Goto Section: 73.845 | 73.853
Goto Year: 2020 |
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