FCC Web Documents citing 73.855

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2831A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2831A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2831A1.txt
  • the LPFM Report and Order, specific rule requirements for LPFM applicants, and methods to determine the coordinates of an applicant's proposed transmitter site. Single Application Limitation. An applicant may not file more than one application in this window. Currently, no one except government, public safety and transportation organizations may hold an attributable interest in more than one LPFM station. Section 73.855. Accordingly, a second application filed by an applicant in this window would be treated as a ``conflicting'' application subject to dismissal under Section 73.3518. See also Section 73.801 (making Section 73.3518 applicable to LPFM stations). This restriction applies even where more than one frequency is available to an applicant at its proposed transmitter site. . Copies of this Public Notice
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2241A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2241A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2241A1.txt
  • LPFM station because, unless CCS establishes its distinct local purpose, ``it must be considered an affiliate of the National Calvary Chapel under the Commission's attribution rules.'' Id. at 5-6. If considered an affiliate, the Lawyers Guild argues, CCS would hold attributable interests in numerous LPFM, full service, and translator stations, and the grant of an LPFM license would violate Sections 73.855 and 73.860(a) of the Commission's rules. Id. The Lawyers Guild also claims that ``the board of this applicant is composed of three persons, with the pastor holding 100% of the `entity's' votes.'' Id. at 6. According to its application, CCS's board is composed of 4 people, each holding a 25% share of the votes. See File No. BNPL-20010614AIW (``CCS Application'')
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2242A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2242A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2242A1.txt
  • LPFM station because, unless CCY establishes its distinct local purpose, ``it must be considered an affiliate of the National Calvary Chapel under the Commission's attribution rules.'' Id. at 5. If considered an affiliate, the Lawyers Guild argues, CCY would hold attributable interests in numerous LPFM, full service, and translator stations, and the grant of an LPFM license would violate Sections 73.855 and 73.860(a) of the Commission's rules. Id. at 5-6. Federal Communications Commission Washington, D.C. 20554 August 4, 2005 h � � � � � j ou )�* Q��� "�KY"5_5]'G�",��P����( )��w � �L� ���.T7�ʬ�,aYi� �+5P;� U��� �us�s�Z�Z� �� Ό2ʍ ax-��4��3�� ȕ`��Պ''�@���"� �i}�m'' s��-A�����4�2��W�(R)��J����";L�...\�>=�F'��'...S�"V��sLe�My��/��(v&z.�� �R�phk� �j=3z - �u�:���� ;� qxϵ���+�/� "w) W wU��G3��-���\��kR�I�U-KU]"f'k��rw-tm�ziպ(R)�'b'�tmq@ pM /�L �h���A:˥tK� #��� 4��*��� \,�-ICՈc=i�I� ��'�W��#�@�j"'s��`�9��Z�=�HOB<�c�V-�ڪg,�tm�T(R)" n���8�6P�-�CR�b"�d�( c)�@wZ}�
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2243A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2243A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2243A1.txt
  • LPFM station because, unless CCMI establishes its distinct local purpose, ``it must be considered an affiliate of the National Calvary Chapel under the Commission's attribution rules.'' Id. at 5-6. If considered an affiliate, the Lawyers Guild argues, CCMI would hold attributable interests in numerous LPFM, full service, and translator stations, and the grant of an LPFM license would violate Sections 73.855 and 73.860(a) of the Commission's rules. Id. Id. at 6. Id. at 6-7. Federal Communications Commission Washington, D.C. 20554 August 4, 2005 h h � � � � � j � ou )�* Q��� "�KY"5_5]'G�",��P����( )��w � �L� ���.T7�ʬ�,aYi� �+5P;� U��� �us�s�Z�Z� �� Ό2ʍ ax-��4��3�� ȕ`��Պ''�@���"� �i}�m'' s��-A�����4�2��W�(R)��J����";L�...\�>=�F'��'...S�"V��sLe�My��/��(v&z.�� �R�phk� �j=3z - �u�:���� ;� qxϵ���+�/� "w) W wU��G3��-���\��kR�I�U-KU]"f'k��rw-tm�ziպ(R)�'b'�tmq@ pM /�L �h���A:˥tK�
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1480A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1480A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1480A1.txt
  • that it was engaged in non-profit activities in Dayton since 1995, well before it filed the subject application. We believe these to be sufficient indices that M&M Dayton was a non-profit educational entity recognized under Ohio law for purposes of filing an LPFM application. NLG asserts that granting M&M Dayton an LPFM license would violate the ownership limits of Section 73.855 of the Commission's Rules (the ``Rules'') because M&M Dayton's parent organization, M&M Community Development, Inc. (``M&M CD''), has an interest in two other LPFM stations. While M&M Dayton's original application stated that M&M CD held a 52 percent voting and equity interest in M&M Dayton, subsequent amendments to the application have corrected this information. M&M Dayton states that as a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1267A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1267A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1267A1.txt
  • LPFM station because, unless CEC establishes its distinct local purpose, ``it must be considered an affiliate of the National Calvary Chapel under the Commission's attribution rules.'' Id. at 5. If considered an affiliate, the Lawyers Guild argues, CEC would hold attributable interests in numerous LPFM, full service, and translator stations, and the grant of an LPFM license would violate Sections 73.855 and 73.860(a) of the Rules. Id. at 5-6. In its Motion to Dismiss, CEC argues that the Objection should not have been submitted until CEC had been named a tentative selectee. In opposition, the Lawyers Guild argues that the cited language speaks only to when particular filings will be considered, not when they may be submitted to the Commission. On
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1268A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1268A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1268A1.txt
  • LPFM station because, unless CCJ establishes its distinct local purpose, ``it must be considered an affiliate of the National Calvary Chapel under the Commission's attribution rules.'' Id. at 5. If considered an affiliate, the Lawyers Guild argues, CCJ would hold attributable interests in numerous LPFM, full service, and translator stations, and the grant of an LPFM license would violate Sections 73.855 and 73.860(a) of the Commission's rules. Id. at 5-6. Federal Communications Commission Washington, D.C. 20554 March 12, 2007 gd gd h h h \ { | }  � � � � � � h; � � ou )�* Q��� "�KY"5_5]'G�",��P����( )��w � �L� ���.T7�ʬ�,aYi� �+5P;� U��� �us�s�Z�Z� �� Ό2ʍ ax-��4��3�� ȕ`��Պ''�@���"� �i}�m'' s��-A�����4�2��W�(R)��J����";L�...\�>=�F'��'...S�"V��sLe�My��/��(v&z.�� �R�phk� �j=3z - �u�:���� ;� qxϵ���+�/�
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1928A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1928A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1928A1.txt
  • the reasons set forth below, we deny the Petition. Background. Wisconsin Academy participated in the first round of the LPFM filing windows. Those filing windows permitted only local applicants to apply for new LPFM stations and specifically limited each non-governmental applicant to a single application filing. As noted in the LPFM Window Notice, this filing limitation was based on Section 73.855(b)(1) of the Commission's Rules (the ``Rules''), which prohibits any party except government, public safety and transportation organizations from holding an attributable interest in more than one LPFM station. The LPFM Window Notice further stated that a second application filed by an applicant in the window would be treated as a conflicting application subject to dismissal under Section 73.3518 of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2679A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2679A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2679A1.txt
  • Carolina Secretary of State database of corporations revealed that Mount Pisgah was not incorporated until July 3, 2001. Id. 47 C.F.R. � 1.106. See also WWIZ, Inc., Memorandum Opinion and Order, 37 FCC 685, 686 (1964), aff'd sub nom. Lorain Journal Co. v. FCC, 351 F.2d 824 (D.C. Cir. 1965), cert. denied, 387 U.S. 967 (1966). See 47 C.F.R. �� 73.855, 73.860. 47 C.F.R. � 73.858(b). 47 C.F.R. � 73.853(a)(1). (accessed Apr. 26, 2007). Letter Decision at 4. Petition at 4. Opposition at 2. See notes 7 and 8 supra and accompanying text. Letter Decision at 5. Petition at 4. See 47 C.F.R. � 1.106(c); see also Southeast Arkansas Radio, Inc., Memorandum Opinion and Order, 61 FCC 2d 72 (1976) (reconsideration
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-450A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-450A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-450A1.txt
  • e.g., MG-TV Broadcasting Co. v. FCC, 408 F.2d 1257, 1264 (D.C. Cir. 1968). 47 C.F.R. � 73.870(b). Staff analysis has established that a rule-compliant minimum Class A NCE FM facility cannot be authorized in the Kilgore, Texas area. 47 C.F.R. � � 73.807, 73.808, 73.811, 73.812, 73.813, 73.816, 73.840, 73.845. 47 C.F.R. �� 73.809, 73.810, 73.825, 73.827. 47 C.F.R. �� 73.855, 73.858, 73.860. 47 C.F.R. �� 73.853. 47 U.S.C. � 309(b). Ashbacker Radio Corp. v. FCC, 326 U.S. 327 (1945) (``Ashbacker'') (Under Ashbacker, the Commission may not grant one application without considering mutually exclusive proposals). 47 C.F.R. � 73.872. Federal Communications Commission Washington, D.C. 20554 January 31, 2007 DA 07-450 In Reply Refer to: 1800B3-BSH/LAS Released: January 31, 2007 h� �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2064A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2064A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2064A1.txt
  • 21, 2003). 47 C.F.R. � 73.858(b). The provision states that the ``ownership and other interests in LPFM station permittees and licensees will be attributed to their holders'' unless ``the local chapter is separately incorporated and has a distinct local presence and mission.'' Heart to Heart Objection at 4; Mt. Zion Objection at 4; Objector's Response at 4; 47 C.F.R. � 73.855 (prohibiting an LPFM station-owner from holding an attributable interest in two or more LPFM stations). 47 C.F.R. � 1.17. 47 C.F.R. � 73.879. The Rule states, ``An LPFM licensee may not retransmit, either terrestrially or via satellite, the signal of a full-power radio broadcast station.'' Joint Opposition at 2. Id. at Exhibit 2. Id. at 3. 47 C.F.R. � 73.879.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-756A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-756A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-756A1.txt
  • or 10 watts, depending on their class. Their coverage generally extends three to five miles. Unless the purpose of the licensing entity is public safety, only one LPFM license may be granted per entity, and licensees may not hold attributable interests in any other regulated media entity, including broadcast stations. Id. at 2206, � 1; 47 C.F.R. �� 73.811, 73.853(a), 73.855. According to Commission data, 859 LPFM stations were licensed nationwide as of the end of 2010. Broadcast Station Totals as of December 31, 2010, FCC News Release (Feb. 11, 2011). LCRA � 8. Because Congress refers to ``full-power'' radio stations as ``full-service'' stations in the LCRA, we also use that terminology in this Public Notice. Id. Id. Arbitron currently has
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-2A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-2A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-2A1.txt
  • Making, 26 FCC Rcd 9986 (2011) (``Third Further Notice''). LCRA � 8(a). Id. � 8(b). Id. � 8(c). But see NAB Comments at 4 n.8 (suggesting that the Commission also consider the impact of LPFM stations on AM stations). 47 C.F.R. � 73.853. 47 C.F.R. �� 73.801, 73.503(d). See 47 C.F.R. �� 73.809, 73.810. See Appendix A.1. 47 C.F.R. � 73.855 (allowing not-for-profit organizations and governmental entities with a public safety purpose to own multiple LPFM licenses if one of the multiple licenses is submitted as a priority application and the remaining non-priority applications do not face a mutually exclusive challenge). 47 C.F.R. � 73.3555(a)(1). 47 C.F.R. � 73.3555(c), (e). 47 C.F.R. � 73.872(b)(3). Creation of Low Power Radio Service, Report
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307406A1.pdf
  • at 18�19. 135 Eric Newton Comments in re FOM PN, filed May 7, 2010. 136 See Creation of Low Power Radio Service, Report and Order, 15 FCC Rcd 2205, 2211-12 (2000) (Low Power Radio Svc. Order 2000). 137 See Low Power Radio Svc. Order 2000, 15 FCC Rcd at 2213. 138 47 C.F.R. � 73.853 (licensing requirement); 47 C.F.R. � 73.855 (ownership limits). In addition, former pirate radio operators are not eligible to hold an LPFM license. See 47 C.F.R. � 73.854. At one point, a single entity could own up to ten LPFM stations, but the Rules were revised in 2007 to restrict ownership of more than one LPFM station, with the notion that it would further protect localism and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-349A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-349A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-349A1.txt
  • of 1934, as amended, 47 U.S.C. Section 301, such an engagement: (1) ceased voluntarily no later than February 26, 1999, if not previously directed by the FCC to cease operation; or (2) ceased operation within 24 hours of being directed by the FCC to terminate unlicensed operation of any station but in no event later than February 26, 1999. Section 73.855 is modified as follows: � 73.855 Ownership Limits *** (b) Except as provided in subsection (b)(4) of this section, nationwide ownership limits will be phased in according to the following schedule: (4) Not-for-profit organizations and governmental entities with a public safety purpose may be granted multiple licenses only if: (i) one of the multiple applications is submitted as a priority
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-127A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-127A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-127A1.txt
  • review of radio joint sales agreements (``JSAs''), which we address in the Local Radio Ownership section above. LPFM. REC Networks requests that we refrain from changing our Low Power FM (``LPFM'') rules relating to ownership caps and assignment of stations because these rules are consistent with our intentions in establishing LPFM. LPFM ownership and assignment rules are addressed in Sections 73.855, 73.858, 73.860, and 73.865 of the Commission's rules, adopted in 2000, and are not addressed in the context of this proceeding. These are non-commercial stations and therefore a consideration of ownership limits for these stations is outside the scope of this proceeding. REC also asks that we impose new ownership restrictions on non-commercial educational stations. We dismiss that request as
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-204A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-204A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-204A1.txt
  • miles) of the proposed site for the transmitting antenna for applicants in the top 50 urban markets, and 32.1 km (20 miles) for applicants outside of the top 50 urban markets; or (3) In the case of any applicant proposing a public safety radio service, the applicant has jurisdiction within the service area of the proposed LPFM station. 4. Section 73.855 is revised to read as follows: � 73.855 Ownership limits. (a) No authorization for an LPFM station shall be granted to any party if the grant of that authorization will result in any such party holding an attributable interest in two or more LPFM stations. (b) Not-for-profit organizations and governmental entities with a public safety purpose may be granted multiple
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-218A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-218A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-218A1.txt
  • Radio Service, Second Order on Reconsideration and Further Notice of Proposed Rulemaking, 20 FCC Rcd 6763 (2005) (``LPFM Second Order'' and ``LPFM FNPRM''). 47 C.F.R. � 73.872(b)(3). LPFM FNPRM, 20 FCC Rcd at 6770-73 �� 17-23. See 47 C.F.R. �� 73.853(b) (restricting applicant pool to local applicants for the first two years after LPFM licenses are made available for application); 73.855(b) (setting forth the phased-in ownership restrictions for LPFM). See LPFM FNPRM, 20 FCC Rcd at 6772 � 20. Id. at 6774 �� 24-25. Id. at 6777-81 �� 31-36. Id. at 6780-81 �� 37-39. As discussed in paragraphs 131-39 of this Report, by a Third Report and Order and Second Further Notice of Proposed Rulemaking released on December 11, 2007, we
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-40A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-40A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-40A1.txt
  • accepted for filing, MKWS' comparative point totals are moot and not reflected in the above tabulations. In its Informal Objection to Calvary Chapel's application, Lawyers Guild alleges that Calvary Chapel does not demonstrate a ``distinct local presence and mission,'' and therefore violates 47 C.F.R. � 73.853(b). Lawyers Guild also argues that Calvary Chapel is in violation of 47 C.F.R. � 73.855 because one entity cannot own more than one LPFM station during its first two years of service. In opposition, Calvary Chapel argues that the Lawyers Guild objection should be dismissed for ignoring ``clearly-established Commission procedures,'' but ``reserves the right to respond to the Guild's submission in the event that the Bureau chooses to consider it.'' Because Calvary Chapel's application will
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-28A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-28A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-28A1.txt
  • than one LPFM license would advance the Commission's efforts to enhance the ability of Native Nations not only to receive radio service tailored to their specific needs and cultures, but to increase ownership of such radio stations by Native Nations and entities owned or controlled by Native Nations. We seek comment on whether to accomplish this through amendment of Section 73.855(a) of the rules or through waiver. Selection Among Mutually Exclusive Applicants The Commission accepts applications for new LPFM stations or major changes to authorized LPFM stations only during filing windows. After the close of an LPFM filing window, the Commission makes mutual exclusivity determinations with regard to all timely and complete filings. The staff then processes and ultimately grants, dismisses
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00349.pdf
  • of 1934, as amended, 47 U.S.C. Section 301, such an engagement: (1) ceased voluntarily no later than February 26, 1999, if not previously directed by the FCC to cease operation; or (2) ceased operation within 24 hours of being directed by the FCC to terminate unlicensed operation of any station but in no event later than February 26, 1999. Section 73.855 is modified as follows: � 73.855 Ownership Limits Federal Communications Commission FCC 00-349 58 *** (b) Except as provided in subsection (b)(4) of this section, nationwide ownership limits will be phased in according to the following schedule: (4) Not-for-profit organizations and governmental entities with a public safety purpose may be granted multiple licenses only if: (i) one of the multiple
• http://transition.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da001175.doc http://transition.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da001175.html http://transition.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da001175.txt
  • included in this filing window. Applications must be filed during the window. Applications not complying with these requirements or which are incomplete or patently defective will be dismissed or returned. Single Application Limitation: An applicant may not file more than one application in this window. Currently, no one may hold an attributable interest in more than one LPFM station. Section 73.855(b)(1). Accordingly, a second application filed by an applicant in this window would be treated as a ``conflicting'' application subject to dismissal under Section 73.3518. See also Section 73.801 (making Section 73.3518 applicable to LPFM stations). This restriction applies even where more than one frequency is available to an applicant at its proposed transmitter site. For additional information, contact Peter Doyle
• http://transition.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da001697.doc http://transition.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da001697.html http://transition.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da001697.txt
  • new LPFM service, including the text of the LPFM Report and Order, specific rule requirements for LPFM applicants, and methods to determine the coordinates of an applicant's proposed transmitter site. Single Application Limitation. An applicant may not file more than one application in this window. Currently, no one may hold an attributable interest in more than one LPFM station. Section 73.855(b)(1). Accordingly, a second application filed by an applicant in this window would be treated as a ``conflicting'' application subject to dismissal under Section 73.3518. See also Section 73.801 (making Section 73.3518 applicable to LPFM stations). This restriction applies even where more than one frequency is available to an applicant at its proposed transmitter site. . Copies of this Public Notice
• http://transition.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da002831.doc http://transition.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da002831.html http://transition.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da002831.txt
  • the LPFM Report and Order, specific rule requirements for LPFM applicants, and methods to determine the coordinates of an applicant's proposed transmitter site. Single Application Limitation. An applicant may not file more than one application in this window. Currently, no one except government, public safety and transportation organizations may hold an attributable interest in more than one LPFM station. Section 73.855. Accordingly, a second application filed by an applicant in this window would be treated as a ``conflicting'' application subject to dismissal under Section 73.3518. See also Section 73.801 (making Section 73.3518 applicable to LPFM stations). This restriction applies even where more than one frequency is available to an applicant at its proposed transmitter site. . Copies of this Public Notice
• http://transition.fcc.gov/fcc-bin/audio/FCC-12-28A1.doc http://transition.fcc.gov/fcc-bin/audio/FCC-12-28A1.pdf
  • than one LPFM license would advance the Commission's efforts to enhance the ability of Native Nations not only to receive radio service tailored to their specific needs and cultures, but to increase ownership of such radio stations by Native Nations and entities owned or controlled by Native Nations. We seek comment on whether to accomplish this through amendment of Section 73.855(a) of the rules or through waiver. Selection Among Mutually Exclusive Applicants The Commission accepts applications for new LPFM stations or major changes to authorized LPFM stations only during filing windows. After the close of an LPFM filing window, the Commission makes mutual exclusivity determinations with regard to all timely and complete filings. The staff then processes and ultimately grants, dismisses
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • 73.816 Antennas. [397]TEXT [398]PDF 73.825 Protection to reception of TV channel 6. [399]TEXT [400]PDF 73.827 Interference to the input signals of FM translator or FM booster stations. [401]TEXT [402]PDF 73.840 Operating power and mode tolerances. [403]TEXT [404]PDF 73.845 Transmission system operation. [405]TEXT [406]PDF 73.850 Operating schedule. [407]TEXT [408]PDF 73.853 Licensing requirements and service. [409]TEXT [410]PDF 73.854 Unlicensed operations. [411]TEXT [412]PDF 73.855 Ownership limits. [413]TEXT [414]PDF 73.858 Attribution of LPFM station interests. [415]TEXT [416]PDF 73.860 Cross-ownership. [417]TEXT [418]PDF 73.865 Assignment and transfer of LPFM authorizations. [419]TEXT [420]PDF 73.870 Processing of LPFM broadcast station applications. [421]TEXT [422]PDF 73.871 Amendment of LPFM broadcast station applications. [423]TEXT [424]PDF 73.872 Selection procedure for mutually exclusive LPFM applications. [425]TEXT [426]PDF 73.873 LPFM license period. [427]TEXT [428]PDF 73.875
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fc00019a.doc
  • violation of Section 301 of the Communications Act of 1934, as amended, 47 U.S.C. Section 301, such an engagement: (1) ceased voluntarily no later than February 26, 1999, without direction from the FCC to do so; or (2) ceased operation within 24 hours of being directed by the FCC to terminate unlicensed operation of any station. 22. A new Section 73.855 is added, as follows: �73.855 Ownership limits. (a) No authorization for an LPFM station shall be granted to any party if the grant of that authorization will result in any such party holding an attributable interest in two LPFM stations separated by less than 12 km (7 miles). (b) Nationwide ownership limits will be phased in according to the following
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00349.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00349.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00349.txt
  • of 1934, as amended, 47 U.S.C. Section 301, such an engagement: (1) ceased voluntarily no later than February 26, 1999, if not previously directed by the FCC to cease operation; or (2) ceased operation within 24 hours of being directed by the FCC to terminate unlicensed operation of any station but in no event later than February 26, 1999. Section 73.855 is modified as follows: � 73.855 Ownership Limits *** (b) Except as provided in subsection (b)(4) of this section, nationwide ownership limits will be phased in according to the following schedule: (4) Not-for-profit organizations and governmental entities with a public safety purpose may be granted multiple licenses only if: (i) one of the multiple applications is submitted as a priority
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da001175.doc http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da001175.html http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da001175.txt
  • included in this filing window. Applications must be filed during the window. Applications not complying with these requirements or which are incomplete or patently defective will be dismissed or returned. Single Application Limitation: An applicant may not file more than one application in this window. Currently, no one may hold an attributable interest in more than one LPFM station. Section 73.855(b)(1). Accordingly, a second application filed by an applicant in this window would be treated as a ``conflicting'' application subject to dismissal under Section 73.3518. See also Section 73.801 (making Section 73.3518 applicable to LPFM stations). This restriction applies even where more than one frequency is available to an applicant at its proposed transmitter site. For additional information, contact Peter Doyle
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da001697.doc http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da001697.html http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da001697.txt
  • new LPFM service, including the text of the LPFM Report and Order, specific rule requirements for LPFM applicants, and methods to determine the coordinates of an applicant's proposed transmitter site. Single Application Limitation. An applicant may not file more than one application in this window. Currently, no one may hold an attributable interest in more than one LPFM station. Section 73.855(b)(1). Accordingly, a second application filed by an applicant in this window would be treated as a ``conflicting'' application subject to dismissal under Section 73.3518. See also Section 73.801 (making Section 73.3518 applicable to LPFM stations). This restriction applies even where more than one frequency is available to an applicant at its proposed transmitter site. . Copies of this Public Notice
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da002831.doc http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da002831.html http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da002831.txt
  • the LPFM Report and Order, specific rule requirements for LPFM applicants, and methods to determine the coordinates of an applicant's proposed transmitter site. Single Application Limitation. An applicant may not file more than one application in this window. Currently, no one except government, public safety and transportation organizations may hold an attributable interest in more than one LPFM station. Section 73.855. Accordingly, a second application filed by an applicant in this window would be treated as a ``conflicting'' application subject to dismissal under Section 73.3518. See also Section 73.801 (making Section 73.3518 applicable to LPFM stations). This restriction applies even where more than one frequency is available to an applicant at its proposed transmitter site. . Copies of this Public Notice
• http://www.fcc.gov/Forms/Form318/318.pdf
  • with the Commission's broadcast ownership rules, which initially will allow a party to hold an attributable interest in only one LPFM station, and which generally prohibit an LPFM station licensee from holding an attributable interest in any other broadcast station, including any FM translator or low power television station, or daily newspaper or cable television system. See 47 C.F.R. Section 73.855(b) and 73.860. The LPFM rules include several exceptions to this general prohibition for large multi-faceted entities, such as universities, and for local chapters of national organizations. Applicants should review Section II, Question 3 instructions under the heading "Exceptions." Applicants relying on any of these exceptions should answer question 5b "No" and submit an explanatory exhibit. Question 5(a): Ownership of other
• http://www.fcc.gov/fcc-bin/audio/DA-06-1480A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1480A1.pdf
  • that it was engaged in non-profit activities in Dayton since 1995, well before it filed the subject application. We believe these to be sufficient indices that M&M Dayton was a non-profit educational entity recognized under Ohio law for purposes of filing an LPFM application. NLG asserts that granting M&M Dayton an LPFM license would violate the ownership limits of Section 73.855 of the Commission's Rules (the ``Rules'') because M&M Dayton's parent organization, M&M Community Development, Inc. (``M&M CD''), has an interest in two other LPFM stations. While M&M Dayton's original application stated that M&M CD held a 52 percent voting and equity interest in M&M Dayton, subsequent amendments to the application have corrected this information. M&M Dayton states that as a
• http://www.fcc.gov/fcc-bin/audio/DA-07-1268A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1268A1.pdf
  • LPFM station because, unless CCJ establishes its distinct local purpose, ``it must be considered an affiliate of the National Calvary Chapel under the Commission's attribution rules.'' Id. at 5. If considered an affiliate, the Lawyers Guild argues, CCJ would hold attributable interests in numerous LPFM, full service, and translator stations, and the grant of an LPFM license would violate Sections 73.855 and 73.860(a) of the Commission's rules. Id. at 5-6. Federal Communications Commission Washington, D.C. 20554 March 12, 2007 gd gd h h h \ { | }  � � � � � � h; � � ou )�* Q��� "�KY"5_5]'G�",��P����( )��w � �L� ���.T7�ʬ�,aYi� �+5P;� U��� �us�s�Z�Z� �� Ό2ʍ ax-��4��3�� ȕ`��Պ''�@���"� �i}�m'' s��-A�����4�2��W�(R)��J����";L�...\�>=�F'��'...S�"V��sLe�My��/��(v&z.�� �R�phk� �j=3z - �u�:���� ;� qxϵ���+�/�
• http://www.fcc.gov/fcc-bin/audio/DA-07-1928A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1928A1.pdf
  • the reasons set forth below, we deny the Petition. Background. Wisconsin Academy participated in the first round of the LPFM filing windows. Those filing windows permitted only local applicants to apply for new LPFM stations and specifically limited each non-governmental applicant to a single application filing. As noted in the LPFM Window Notice, this filing limitation was based on Section 73.855(b)(1) of the Commission's Rules (the ``Rules''), which prohibits any party except government, public safety and transportation organizations from holding an attributable interest in more than one LPFM station. The LPFM Window Notice further stated that a second application filed by an applicant in the window would be treated as a conflicting application subject to dismissal under Section 73.3518 of the
• http://www.fcc.gov/fcc-bin/audio/DA-07-2679A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-2679A1.pdf
  • Carolina Secretary of State database of corporations revealed that Mount Pisgah was not incorporated until July 3, 2001. Id. 47 C.F.R. � 1.106. See also WWIZ, Inc., Memorandum Opinion and Order, 37 FCC 685, 686 (1964), aff'd sub nom. Lorain Journal Co. v. FCC, 351 F.2d 824 (D.C. Cir. 1965), cert. denied, 387 U.S. 967 (1966). See 47 C.F.R. �� 73.855, 73.860. 47 C.F.R. � 73.858(b). 47 C.F.R. � 73.853(a)(1). (accessed Apr. 26, 2007). Letter Decision at 4. Petition at 4. Opposition at 2. See notes 7 and 8 supra and accompanying text. Letter Decision at 5. Petition at 4. See 47 C.F.R. � 1.106(c); see also Southeast Arkansas Radio, Inc., Memorandum Opinion and Order, 61 FCC 2d 72 (1976) (reconsideration
• http://www.fcc.gov/fcc-bin/audio/DA-07-450A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-450A1.pdf
  • e.g., MG-TV Broadcasting Co. v. FCC, 408 F.2d 1257, 1264 (D.C. Cir. 1968). 47 C.F.R. � 73.870(b). Staff analysis has established that a rule-compliant minimum Class A NCE FM facility cannot be authorized in the Kilgore, Texas area. 47 C.F.R. � � 73.807, 73.808, 73.811, 73.812, 73.813, 73.816, 73.840, 73.845. 47 C.F.R. �� 73.809, 73.810, 73.825, 73.827. 47 C.F.R. �� 73.855, 73.858, 73.860. 47 C.F.R. �� 73.853. 47 U.S.C. � 309(b). Ashbacker Radio Corp. v. FCC, 326 U.S. 327 (1945) (``Ashbacker'') (Under Ashbacker, the Commission may not grant one application without considering mutually exclusive proposals). 47 C.F.R. � 73.872. Federal Communications Commission Washington, D.C. 20554 January 31, 2007 DA 07-450 In Reply Refer to: 1800B3-BSH/LAS Released: January 31, 2007 h� �
• http://www.fcc.gov/fcc-bin/audio/DA-10-2064A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-2064A1.pdf
  • 21, 2003). 47 C.F.R. � 73.858(b). The provision states that the ``ownership and other interests in LPFM station permittees and licensees will be attributed to their holders'' unless ``the local chapter is separately incorporated and has a distinct local presence and mission.'' Heart to Heart Objection at 4; Mt. Zion Objection at 4; Objector's Response at 4; 47 C.F.R. � 73.855 (prohibiting an LPFM station-owner from holding an attributable interest in two or more LPFM stations). 47 C.F.R. � 1.17. 47 C.F.R. � 73.879. The Rule states, ``An LPFM licensee may not retransmit, either terrestrially or via satellite, the signal of a full-power radio broadcast station.'' Joint Opposition at 2. Id. at Exhibit 2. Id. at 3. 47 C.F.R. � 73.879.
• http://www.fcc.gov/fcc-bin/audio/DA-12-2A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-2A1.pdf
  • Making, 26 FCC Rcd 9986 (2011) (``Third Further Notice''). LCRA � 8(a). Id. � 8(b). Id. � 8(c). But see NAB Comments at 4 n.8 (suggesting that the Commission also consider the impact of LPFM stations on AM stations). 47 C.F.R. � 73.853. 47 C.F.R. �� 73.801, 73.503(d). See 47 C.F.R. �� 73.809, 73.810. See Appendix A.1. 47 C.F.R. � 73.855 (allowing not-for-profit organizations and governmental entities with a public safety purpose to own multiple LPFM licenses if one of the multiple licenses is submitted as a priority application and the remaining non-priority applications do not face a mutually exclusive challenge). 47 C.F.R. � 73.3555(a)(1). 47 C.F.R. � 73.3555(c), (e). 47 C.F.R. � 73.872(b)(3). Creation of Low Power Radio Service, Report
• http://www.fcc.gov/fcc-bin/audio/FCC-03-127A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-127A1.pdf
  • review of radio joint sales agreements (``JSAs''), which we address in the Local Radio Ownership section above. LPFM. REC Networks requests that we refrain from changing our Low Power FM (``LPFM'') rules relating to ownership caps and assignment of stations because these rules are consistent with our intentions in establishing LPFM. LPFM ownership and assignment rules are addressed in Sections 73.855, 73.858, 73.860, and 73.865 of the Commission's rules, adopted in 2000, and are not addressed in the context of this proceeding. These are non-commercial stations and therefore a consideration of ownership limits for these stations is outside the scope of this proceeding. REC also asks that we impose new ownership restrictions on non-commercial educational stations. We dismiss that request as
• http://www.fcc.gov/fcc-bin/audio/FCC-07-204A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-07-204A1.pdf
  • miles) of the proposed site for the transmitting antenna for applicants in the top 50 urban markets, and 32.1 km (20 miles) for applicants outside of the top 50 urban markets; or (3) In the case of any applicant proposing a public safety radio service, the applicant has jurisdiction within the service area of the proposed LPFM station. 4. Section 73.855 is revised to read as follows: � 73.855 Ownership limits. (a) No authorization for an LPFM station shall be granted to any party if the grant of that authorization will result in any such party holding an attributable interest in two or more LPFM stations. (b) Not-for-profit organizations and governmental entities with a public safety purpose may be granted multiple
• http://www.fcc.gov/fcc-bin/audio/FCC-08-40A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-40A1.pdf
  • accepted for filing, MKWS' comparative point totals are moot and not reflected in the above tabulations. In its Informal Objection to Calvary Chapel's application, Lawyers Guild alleges that Calvary Chapel does not demonstrate a ``distinct local presence and mission,'' and therefore violates 47 C.F.R. � 73.853(b). Lawyers Guild also argues that Calvary Chapel is in violation of 47 C.F.R. � 73.855 because one entity cannot own more than one LPFM station during its first two years of service. In opposition, Calvary Chapel argues that the Lawyers Guild objection should be dismissed for ignoring ``clearly-established Commission procedures,'' but ``reserves the right to respond to the Guild's submission in the event that the Bureau chooses to consider it.'' Because Calvary Chapel's application will
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • 73.816 Antennas. [397]TEXT [398]PDF 73.825 Protection to reception of TV channel 6. [399]TEXT [400]PDF 73.827 Interference to the input signals of FM translator or FM booster stations. [401]TEXT [402]PDF 73.840 Operating power and mode tolerances. [403]TEXT [404]PDF 73.845 Transmission system operation. [405]TEXT [406]PDF 73.850 Operating schedule. [407]TEXT [408]PDF 73.853 Licensing requirements and service. [409]TEXT [410]PDF 73.854 Unlicensed operations. [411]TEXT [412]PDF 73.855 Ownership limits. [413]TEXT [414]PDF 73.858 Attribution of LPFM station interests. [415]TEXT [416]PDF 73.860 Cross-ownership. [417]TEXT [418]PDF 73.865 Assignment and transfer of LPFM authorizations. [419]TEXT [420]PDF 73.870 Processing of LPFM broadcast station applications. [421]TEXT [422]PDF 73.871 Amendment of LPFM broadcast station applications. [423]TEXT [424]PDF 73.872 Selection procedure for mutually exclusive LPFM applications. [425]TEXT [426]PDF 73.873 LPFM license period. [427]TEXT [428]PDF 73.875
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • 73.816 Antennas. [350]TEXT [351]PDF 73.825 Protection to reception of TV channel 6. [352]TEXT [353]PDF 73.827 Interference to the input signals of FM translator or FM booster stations. [354]TEXT [355]PDF 73.840 Operating power and mode tolerances. [356]TEXT [357]PDF 73.845 Transmission system operation. [358]TEXT [359]PDF 73.850 Operating schedule. [360]TEXT [361]PDF 73.853 Licensing requirements and service. [362]TEXT [363]PDF 73.854 Unlicensed operations. [364]TEXT [365]PDF 73.855 Ownership limits. [366]TEXT [367]PDF 73.858 Attribution of LPFM station interests. [368]TEXT [369]PDF 73.860 Cross-ownership. [370]TEXT [371]PDF 73.865 Assignment and transfer of LPFM authorizations. [372]TEXT [373]PDF 73.870 Processing of LPFM broadcast station applications. [374]TEXT [375]PDF 73.871 Amendment of LPFM broadcast station applications. [376]TEXT [377]PDF 73.872 Selection procedure for mutually exclusive LPFM applications. [378]TEXT [379]PDF 73.873 LPFM license period. [380]TEXT [381]PDF 73.875
• http://www.fcc.gov/mb/peer_review/prlpfm_rpt_economic_study.pdf
  • examination of the two databases has found that CDBS appears to be more accurate concerning the status of a few LPFM stations. Other lists of LPFM stations are available from radio-locator.com (http://www.radio-locator.com), reporting 833 LPFM stations as of August 17, 2011 and LPFMDatabase.com (http://www.angelfire.com/nj2/piratejim/lpfm.html), reporting 841 LPFM stations, as of August 17, 2011. 3SeeReport at Section III; 47 C.F.R. � 73.855. 4Data from BIA. The on-air start date was not available for 2 percent of LPFM stations. 5This statistic does not include LPFM stations that ceased operations at some point after they went on the air. As of July 5, 2011, there were 20 LPFM stations that are identified in CDBS as "licensed and silent," and 46 LPFM stations that are