§  73.860   Cross-ownership.

   (a) Except as provided in paragraphs (b), (c) and (d) of this section,
   no license shall be granted to any party if the grant of such
   authorization will result in the same party holding an attributable
   interest in any other non-LPFM broadcast station, including any FM
   translator or low power television station, or any other media subject
   to our broadcast ownership restrictions.

   (b) A party that is not a Tribal Applicant, as defined in § 73.853(c),
   may hold attributable interests in one LPFM station and no more than
   two FM translator stations, two FM booster stations, or one FM
   translator station and one FM booster station provided that the
   following requirements are met:

   (1) The 60 dBu contour of the LPFM station overlaps the 60 dBu contour
   of the commonly-owned FM translator station(s) and entirely encompasses
   the 60 dBu service contour of the FM booster station(s);

   (2) The FM translator and/or booster station(s), at all times,
   synchronously rebroadcasts the primary analog signal of the
   commonly-owned LPFM station or, if the commonly-owned LPFM station
   operates in hybrid mode, synchronously rebroadcasts the digital HD-1
   version of the LPFM station's signal;

   (3) The FM translator station receives the signal of the commonly-owned
   LPFM station over-the-air and directly from the commonly-owned LPFM
   station itself. The FM booster station receives the signal of the
   commonly-owned LPFM station by any means authorized in § 74.1231(i) of
   this chapter; and

   (4) The transmitting antenna of the FM translator and/or booster
   station(s) is located within 16.1 kilometers (10 miles) for LPFM
   stations located in the top 50 urban markets and 32.1 kilometers (20
   miles) for LPFM stations outside the top 50 urban markets of either the
   transmitter site of the commonly-owned LPFM station or the reference
   coordinates for that station's community of license.

   (c) A party that is a Tribal Applicant, as defined in § 73.853(c), may
   hold attributable interests in no more than two LPFM stations and four
   FM translator stations provided that the requirements set forth in
   paragraph (b) of this section are met.

   (d) Unless such interest is permissible under paragraphs (b) or (c) of
   this section, a party with an attributable interest in a broadcast
   radio station must divest such interest prior to the commencement of
   operations of an LPFM station in which the party also holds an
   interest. However, a party need not divest such an attributable
   interest if the party is a college or university that can certify that
   the existing broadcast radio station is not student run. This exception
   applies only to parties that:

   (1) Are accredited educational institutions;

   (2) Own an attributable interest in non-student run broadcast stations;
   and

   (3) Apply for an authorization for an LPFM station that will be managed
   and operated on a day-to-day basis by students of the accredited
   educational institution.

   (e) No LPFM licensee may enter into an operating agreement of any type,
   including a time brokerage or management agreement, with either a full
   power broadcast station or another LPFM station.

   [ 78 FR 2107 , Jan. 9, 2013, as amended at  85 FR 35573 , June 11, 2020]