FCC Web Documents citing 73.860
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- FRN 0008094708 Adopted: July 1, 2009 Released: July 1, 2009 By the Chief, Investigations and Hearings Division, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into by the Enforcement Bureau (``Bureau'') and the Greater Hardin Association (``GHA'') (collectively, the ``Parties''). The Consent Decree terminates an investigation by the Bureau for possible violations of Sections 73.858 and 73.860 Commission's Rules regarding the ownership of low power FM Station KRWS-LP, Hardin Montana and ``The Original Briefs,'' a newspaper circulated in Hardin, Montana. The Parties have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. After reviewing the terms of the Consent Decree and
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- Low Power FM Station KRWS-LP, Hardin, Montana ) ) ) ) ) ) ) EB-05-IH-0897 Facility ID No. 134773 NAL/Account No. 200932080049 FRN 0008094708 CONSENT DECREE The Enforcement Bureau (``Bureau'') and Greater Hardin Association (``GHA''), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Bureau's investigation into whether GHA violated Sections 73.858 and 73.860 of the Commission's rules. I. DEFINITIONS For the purposes of this Consent Decree, the following definitions shall apply: ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. 151 et seq. ``Adopting Order'' means an Order of the Commission adopting the terms of this Consent Decree without change, addition, deletion, or modification. ``Bureau'' means the Enforcement Bureau of
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- 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'') at Section
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- 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 .T7ʬ,aYi +5P; U ussZZ Ό2ʍ ax-43 ȕ`Պ''@" i}m'' s-A42W(R)J";L...\>=F''...S"VsLeMy/(v&z. Rphk j=3z - u: ; qxϵ+/ "w) W wUG3-\kRIU-KU]"f'krw-tmziպ(R)'b'tmq@ pM /L hA:˥tK # 4* \,-ICՈc=iI 'W#@j"'s`9Z=HOB
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- 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 .T7ʬ,aYi +5P; U ussZZ Ό2ʍ ax-43 ȕ`Պ''@" i}m'' s-A42W(R)J";L...\>=F''...S"VsLeMy/(v&z. Rphk j=3z - u: ; qxϵ+/ "w) W wUG3-\kRIU-KU]"f'krw-tmziպ(R)'b'tmq@ pM /L hA:˥tK # 4*
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- that is physically headquartered within 16.1 kilometers (10 miles) of the proposed transmitter site; (2) is an educational institution or organization with seventy-five percent (75%) of its board members residing within 16.1 kilometers from the transmitter site; or (3) proposes a public safety radio service and has jurisdiction within the service area of the proposed LPFM station. In addition, Section 73.860(a) of the Commission's Rules (the ``Rules'') prohibits a party from holding an LPFM authorization if it has an attributable interest in a non-LPFM broadcast station. To demonstrate its compliance with this restriction, Section II Item 5(b) requires the applicant to certify, ``No party to this application has an attributable interest in any non-LPFM broadcast station, including any full power AM
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- that is physically headquartered within 16.1 kilometers (10 miles) of the proposed transmitter site; (2) is an educational institution or organization with seventy-five percent (75%) of its board members residing within 16.1 kilometers from the transmitter site; or (3) proposes a public safety radio service and has jurisdiction within the service area of the proposed LPFM station. In addition, Section 73.860(a) of the Commission's Rules (the ``Rules'') prohibits a party from holding an LPFM authorization if it has an attributable interest in a non-LPFM broadcast station. To demonstrate its compliance with this restriction, Section II Item 5(b) requires the applicant to certify, ``No party to this application has an attributable interest in any non-LPFM broadcast station, including any full power AM
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- 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 denied
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- Criteria, Public Notice, 16 FCC Rcd 10892 (MMB 2001). See NCE R&O, 15 FCC Rcd at 7423; see also Form 340, Section IV; see also Instructions For FCC Form 340, Section IV. Id. See NCE MO&O, 16 FCC Rcd at 5109, n.24. See NCE MO&O, 16 FCC Rcd at 5102-03. See Omnibus Order at 47. See 47 C.F.R. 73.860. See, e.g., William F. and Anne K. Wallace, Memorandum Opinion and Order, 49 FCC 2d 1424, 1427 (1974); 62 Broadcasting, Decision, 4 FCC Rcd 1768 (1989); South Florida Broadcasting, Memorandum Opinion and Order, 57 RR2d 495 (1984). See Form 340, Section II, Question 15. Although applicants may file ``major modification of construction permit'' applications, the Bureau strongly discourages such filings.
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- 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 gd
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- FRN 0008094708 Adopted: July 1, 2009 Released: July 1, 2009 By the Chief, Investigations and Hearings Division, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into by the Enforcement Bureau (``Bureau'') and the Greater Hardin Association (``GHA'') (collectively, the ``Parties''). The Consent Decree terminates an investigation by the Bureau for possible violations of Sections 73.858 and 73.860 Commission's Rules regarding the ownership of low power FM Station KRWS-LP, Hardin Montana and ``The Original Briefs,'' a newspaper circulated in Hardin, Montana. The Parties have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. After reviewing the terms of the Consent Decree and
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- Low Power FM Station KRWS-LP, Hardin, Montana ) ) ) ) ) ) ) EB-05-IH-0897 Facility ID No. 134773 NAL/Account No. 200932080049 FRN 0008094708 CONSENT DECREE The Enforcement Bureau (``Bureau'') and Greater Hardin Association (``GHA''), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Bureau's investigation into whether GHA violated Sections 73.858 and 73.860 of the Commission's rules. I. DEFINITIONS For the purposes of this Consent Decree, the following definitions shall apply: ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. 151 et seq. ``Adopting Order'' means an Order of the Commission adopting the terms of this Consent Decree without change, addition, deletion, or modification. ``Bureau'' means the Enforcement Bureau of
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- 340, Section IV and Instructions for Form 340, Section IV. Id. See NCE MO&O, 16 FCC Rcd at 5109, n.24. Id. at 5102-03. See Comparative Consideration of 76 Groups of Mutually Exclusive Applications for Permits to Construct or Modified Noncommercial Educational FM Stations, Memorandum Opinion and Order, 22 FCC Rcd 6101, 6120 (2007) (``NCE Omnibus Order''). See 47 C.F.R. 73.860. See, e.g., William F. and Anne K. Wallace, Memorandum Opinion and Order, 49 FCC 2d 1424, 1427 (1974); 62 Broadcasting, Decision, 4 FCC Rcd 1768 (1989); South Florida Broadcasting, Memorandum Opinion and Order, 57 RR2d 495 (1984). See Form 340, Section II, Question 15. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202
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- states that the filing was necessitated because the Station's signal to the east is blocked by a large ridge which significantly reduces the Station's coverage area. The addition of an FM booster station, according to GGG, will fill in that area. In the Staff Decision, the Media Bureau (the ``Bureau'') staff found that the Application did not comply with Section 73.860(a) of the Commission's Rules (the ``Rules''), which states that an LPFM station licensee cannot have any attributable interest in any other non-LPFM broadcast station. Accordingly, the staff dismissed the Application. In its Petition, GGG argues that Section 73.860(a) does not apply to this case, or in the alternative, requests a waiver of this rule. Specifically, GGG argues that Section 73.860(a)
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- before us a Petition for Reconsideration (``Petition'') filed on December 1, 2011, by Great God Gospel and Educational Station, Inc. (``GGG''), licensee of low-power FM station (``LPFM'') WITG-LP, Ocala, Florida (the ``Station''). GGG seeks reconsideration of the Commission Order denying GGG's Application for Review and upholding the Media Bureau (the ``Bureau'') decision to deny GGG's request for waiver of Section 73.860(a) of the Commission's Rules (the ``Rules''), and to affirm the dismissal of the captioned application for a new FM booster station at Ocala, Florida. For the reasons discussed below, we dismiss the Petition pursuant to Sections 1.106(b)(3) and 1.106(p) of the Rules. 2. Section 1.106(b)(3) and 1.106(p) of the Rules provide that the Bureau may dismiss a petition for reconsideration
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- (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 application, and; (ii) the remaining non-priority applications do not face a mutually exclusive challenge. Section 73.860 is modified as follows: 73.860 Cross Ownership *** Except as provided in subsection (b) of this subsection, no license for an LPFM station 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
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- 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 such limits
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- a fill-in service similar to the proposed FM translator fill-in service during periods during which the AM station is not authorized to operate at its authorized daytime power? If this is deemed desirable, we seek comments on how this can be accomplished in a manner that is consistent with the LPFM eligibility and service rules, including Sections 73.853, 73.858, and 73.860 of the Rules. Program Origination Issue As explained above, the Commission has prohibited, with narrow exceptions, program origination over FM translator stations. Nevertheless, we tentatively conclude that daytime-only AM licensees should be permitted to originate programming over fill-in FM translators during the nighttime hours when their stations are not authorized to operate. There are 788 AM stations, constituting 17 percent
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- (2000); regulation modification granted by Second Report and Order, 16 FCC Rcd 8026 (2001); Third Report and Order and Second Further Notice of Proposed Rulemaking, FCC 07-204 (rel. Dec. 11, 2007) (``Third Report and Order''). See Closed Groups of Pending Low Power FM Mutually Exclusive Applications Accepted for Filing, Public Notice, 19 FCC Rcd 4624 (2004). See 47 C.F.R. 73.860. See 47 C.F.R. 73.853(b). The Third Report and Order amends this rule section. Pursuant to the amended 47 C.F.R. 73.853(b), "[o]nly local applicants will be permitted to submit applications." The amended rule takes effect on March 17, 2008. See 47 C.F.R. 73.872. See id. See id. See Calvary Chapel application at Section III, Question 1(a); see also
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- 73.853(b). See also, LPFM Report and Order, 15 FCC Rcd at 2215. l.. As stated supra at para. 10, an LPFM applicant may be registered or otherwise recognized as a nonprofit educational entity under state law. In light of our dismissal of the NTHR application, we also dismiss the WTL Objection to that application as moot. See 47 C.F.R. 73.860. See 47 C.F.R. 73.853(b). The Third Report and Order amends this rule section. Pursuant to the amended 47 C.F.R. 73.853(b), "[o]nly local applicants will be permitted to submit applications." The amended rule takes effect on March 17, 2008. 47 C.F.R. 73.872. Id. See id. See captioned Radio Application at Section III, Question 1(a); see also Exhibit 7;
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- 397(6)(A). See captioned EPRS application at Exhibits 2 and 3. We find JBN's search of the North Carolina Office of the Secretary of State corporations' database to be irrelevant. See JBN's Objection at 3. EPRS certified in its application that it is an ``unincorporated association.'' See also captioned EPRS application at Exhibits 2 and 3. See 47 C.F.R. 73.860. See 47 C.F.R. 73.853(b). The Third Report and Order amends this rule section. Pursuant to the amended 47 C.F.R. 73.853(b), "[o]nly local applicants will be permitted to submit applications." The amended rule takes effect on March 17, 2008. 47 C.F.R. 73.872. Id. See id. See captioned EPRS Application at Section III, Question 1(a); see also Exhibit 7;
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- agency serving the city of Coeur d'Alene, was established by the Coeur d'Alene City Council and provides some evidence that Coeur d'Alene identifies with ``Lake City.'' Furthermore, the city contains Lake City Junior Academy, a private middle school, and Lake City High School, home of the Timberwolves, which is part of the Coeur d'Alene School District. See 47 C.F.R. 73.860. See 47 C.F.R. 73.853(b). The Third Report and Order amends this rule section. Pursuant to the amended 47 C.F.R. 73.853(b), "[o]nly local applicants will be permitted to submit applications." The amended rule takes effect on March 17, 2008. 47 C.F.R. 73.872. Id. See id. See Lake City application at Section III, Question 1(a). See Lake City application
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- registered or otherwise recognized as a nonprofit educational entity under state law. Because, as discussed below, the RVCR application will be dismissed because the applicant was not in existence at the time that its application was filed, we need not address WTL's claim that RVCR misrepresented in its application the year in which it was incorporated. See 47 C.F.R. 73.860. See 47 C.F.R. 73.853(b). The Third Report and Order amends this rule section. Pursuant to the amended 47 C.F.R. 73.853(b), "[o]nly local applicants will be permitted to submit applications." The amended rule takes effect on March 17, 2008. 47 C.F.R. 73.872. Id. See id. See the captioned Beaupre application at Section III, Question 1(a); see also Exhibit
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- transmitter site for more than two years. However, because the Commission does not license LPFM stations to individuals, the Dennison, Calvary Chapel, Christian Hits, UUF, and MKWS principals' individual ties to the community do not provide the ``organizational ties'' valued by the Commission for LPFM applicants. Id. at 33. See also 47 C.F.R. 73.853. See 47 C.F.R. 73.860. See 47 C.F.R. 73.853(b). The Third Report and Order amends this rule section. Pursuant to the amended 47 C.F.R. 73.853(b), "[o]nly local applicants will be permitted to submit applications." The amended rule takes effect on March 17, 2008. 47 C.F.R. 73.872. Id. See id. See captioned Holy Spirit Application at Section III, Question 1(a); see also Exhibit
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- it is affiliated; and (2) has a distinct local presence and mission. To satisfy the second element of this standard, an applicant must demonstrate that it has significant membership within its local area and that it has a local purpose that can be distinguished from the purpose of the national organization with which it is affiliated. See 47 C.F.R. 73.860. See 47 C.F.R. 73.853(b). The Third Report and Order amends this rule section. Pursuant to the amended 47 C.F.R. 73.853(b), "[o]nly local applicants will be permitted to submit applications." The amended rule takes effect on March 17, 2008. 47 C.F.R. 73.872. Id. See id. See captioned OND application at Section III, Question 1(a). See 7-11, supra.
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- II, LLC, Memorandum Opinion and Order, 18 FCC Rcd 9139 (2003); Heidi Damsky, Order, 13 FCC Rcd 16352 (1998); Pikes Peak Broadcasting Co., Memorandum Opinion and Order, 12 FCC Rcd 4626 (1997). BSR Supplement at 3. Area Christian Television, Inc., Memorandum Opinion and Order, 60 RR 2d 862 (1986). 47 C.F.R. 1.65. See id Id. See 47 C.F.R. 73.860. See 47 C.F.R. 73.853(b). The Third Report and Order amends this rule section. Pursuant to the amended rule 47 C.F.R. 73.853(b), "[o]nly local applicants will be permitted to submit applications." The amended rule takes effect on March 17, 2008. 47 C.F.R. 73.872. Id. See id. See captioned Casa Application at Section III, Question 1(a); see also Exhibit
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- (File No. BNPED-20071022AKC) and TO GRANT the application of Bird Street Media Project (File No. BNPED-20071015ALT) CONDITIONED UPON that selectee's compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a point system, and PROVIDED THAT pursuant to a waiver of Section 73.860(a) of the Commission's Rules, 47 C.F.R. 73.860(a), Bird Street Media Project must divest or surrender its license for LPFM station KRBS-LP, Oroville, California, prior to commencement of program tests of the full service NCE-FM station. Group 312. Accordingly, IT IS ORDERED, That Regents of the University of California is TENTATIVELY SELECTED to be awarded a construction permit for a
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- which sets forth a four-year holding period for applicants that are awarded permits by use of a point system and also provides that an applicant receiving a Section 307(b) preference that is decisive over another applicant must operate technical facilities substantially as proposed for a period of four years of on-air operations PROVIDED THAT pursuant to a waiver of Section 73.860(a) of the Commission's Rules, 47 C.F.R. 73.860(a), Calvary Chapel of Knoxville must divest or surrender its license for LPFM station WIAM-LP, Knoxville, Tennessee prior to commencement of program tests of the full service NCE FM station. Group 421. Accordingly, IT IS ORDERED, That Truth and Education Corp. is TENTATIVELY SELECTED to be awarded a construction permit for a new
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- LPFM interest in the applicant's point system determination and propose to surrender the LPFM interest. The Commission will waive the LPFM cross-ownership rule so that an NCE FM construction permit may issue to an LPFM licensee, provided that the LPFM license must be divested prior to commencement of program tests by the new NCE FM station. See 47 C.F.R. 73.860(a). See 47 C.F.R. 73.7003(b)(3). The statewide network credit is an alternative for applicants that need multiple stations to serve large numbers of schools and, therefore, do not qualify for the local diversity of ownership credit. Id. 73.7003(b)(4). See NCE Omnibus, 22 FCC Rcd at 6121-22 (if there is one top applicant in terms of area and population, but
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- University (File No. BNPED-20071018AVI) and TO GRANT the application of Borrego Springs Christian Center (File No. BNPED-20071012ASL) CONDITIONED UPON that selectee's compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a point system PROVIDED THAT, pursuant to a waiver of Section 73.860(a) of the Commission's Rules, 47 C.F.R. 73.860(a), Borrego Springs Christian Center must divest or surrender its license for LPFM station KKJD-LP, Borrego Springs, California prior to commencement of program tests of the full service NCE FM station. Group 22. Accordingly, IT IS ORDERED, That Western Inspirational Broadcasters, Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-69A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-69A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-69A1.txt
- Fellowship (File No. BNPED-20071019AXF) and TO GRANT the application of Seacoast Arts and Cultural Alliance (File No. BNPED-20071022BCU) CONDITIONED UPON compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a point system PROVIDED THAT, pursuant to a waiver 47 C.F.R. 73.860(a), Seacoast Arts and Cultural Alliance must divest or surrender its license for LPFM station WSCA-LP, Portsmouth, New Hampshire prior to commencement of program tests of the full service NCE FM station. Group 176. Accordingly, IT IS ORDERED, That New Mexico Highlands University Foundation is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Romeroville,
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- filed by Great God Gospel and Educational Station, Inc. (``GGG''), seeking review of a denial by the Media Bureau, Audio Division (the ``Bureau''), of a petition for reconsideration of the Bureau's dismissal of an Application for a new FM booster station at Ocala, Florida. In the dismissal letter, the Bureau staff found that the Application did not comply with Section 73.860 of the Commission's rules, which states that an LPFM station licensee cannot have any attributable interest in any other non-LPFM broadcast station. 2. Upon review of the Application for Review and the entire record, we conclude that GGG has failed to demonstrate that the Bureau erred. The Media Bureau properly decided the matters raised, and we uphold its decision for
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- LPFM interest in the applicant's point system determination and propose to surrender the LPFM interest. The Commission will waive the LPFM cross-ownership rule so that an NCE FM construction permit may issue to an LPFM licensee, provided that the LPFM license must be divested prior to commencement of program tests by the new NCE FM station. See 47 C.F.R. 73.860(a). See 47 C.F.R. 73.7003(b)(3). The statewide network credit is an alternative for applicants that need multiple stations to serve large numbers of schools and, therefore, do not qualify for the local diversity of ownership credit. Id. 73.7003(b)(4). See NCE Omnibus, 22 FCC Rcd at 6121-22 (if there is one top applicant in terms of area and population, but
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- LPFM interest in the applicant's point system determination and propose to surrender the LPFM interest. The Commission will waive the LPFM cross-ownership rule so that an NCE FM construction permit may issue to an LPFM licensee, provided that the LPFM license must be divested prior to commencement of program tests by the new NCE FM station. See 47 C.F.R. 73.860(a). See 47 C.F.R. 73.7003(b)(3). The statewide network credit is an alternative for applicants that need multiple stations to serve large numbers of schools and, therefore, do not qualify for the local diversity of ownership credit. Id. 73.7003(b)(4). See NCE Omnibus, 22 FCC Rcd at 6121-22 (if there is one top applicant in terms of area and population, but
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- forth a four-year holding period for applicants that are awarded permits by use of a point system and which also provides that an applicant receiving a Section 307(b) preference that is decisive over another applicant must operate technical facilities substantially as proposed for period of four years of on-air operations, PROVIDED THAT, pursuant to a waiver of 47 C.F.R. 73.860(a), The Kingdom Christian Missionaries must divest or surrender its license for LPFM station WFCB-LP, Dublin, New Hampshire prior to commencement of program tests of the full service NCE FM station. Group 529B. Accordingly, IT IS ORDERED, that Beaver Springs Baptist Church, Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Selinsgrove, Pennsylvania,
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- recognized American Indian Tribes and Alaska Native Villages''). See Rural Radio First Report and Order, 25 FCC Rcd at 1584-85, 4-5, modified, 26 FCC Rcd 2556 (2011) (``Rural Radio Second Report and Order''), recon. pending. 47 U.S.C. 307(b). See 47 C.F.R. 73.7002(b). See infra paragraph 55. See also infra, paragraphs 57, 58 & 64. 47 C.F.R. 73.860. Report and Order, 15 FCC Rcd at 2217, 29. See 47 C.F.R. 74.1231(b) (discussing permissible signal delivery mechanisms for FM translators). Report and Order, 15 FCC Rcd at 2216, 24. See also 47 C.F.R. 73.855. See, e.g., Rural Radio First Report and Order, 25 FCC Rcd at 1584-85, 4-5. See also Rural Radio Second Report
- http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00349.pdf
- (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 application, and; (ii) the remaining non-priority applications do not face a mutually exclusive challenge. Section 73.860 is modified as follows: 73.860 Cross Ownership *** (a) Except as provided in subsection (b) of this subsection, no license for an LPFM station 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
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1273A1.html
- ORDER Adopted: July 1, 2009 Released: July 1, 2009 By the Chief, Investigations and Hearings Division, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into by the Enforcement Bureau ("Bureau") and the Greater Hardin Association ("GHA") (collectively, the "Parties"). The Consent Decree terminates an investigation by the Bureau for possible violations of Sections 73.858 and 73.860 Commission's Rules regarding the ownership of low power FM Station KRWS-LP, Hardin Montana and "The Original Briefs," a newspaper circulated in Hardin, Montana. 2. The Parties have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. 3. After reviewing the terms of the Consent
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1273A2.html
- ASSOCIATION Facility ID No. 134773 ) Licensee of Low Power FM Station NAL/Account No. 200932080049 KRWS-LP, Hardin, Montana ) FRN 0008094708 ) ) CONSENT DECREE 1. The Enforcement Bureau ("Bureau") and Greater Hardin Association ("GHA"), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Bureau's investigation into whether GHA violated Sections 73.858 and 73.860 of the Commission's rules. I. DEFINITIONS 2. For the purposes of this Consent Decree, the following definitions shall apply: a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S: 151 et seq. b. "Adopting Order" means an Order of the Commission adopting the terms of this Consent Decree without change, addition, deletion, or modification. c. "Bureau" means
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- recognized American Indian Tribes and Alaska Native Villages''). See Rural Radio First Report and Order, 25 FCC Rcd at 1584-85, 4-5, modified, 26 FCC Rcd 2556 (2011) (``Rural Radio Second Report and Order''), recon. pending. 47 U.S.C. 307(b). See 47 C.F.R. 73.7002(b). See infra paragraph 55. See also infra, paragraphs 57, 58 & 64. 47 C.F.R. 73.860. Report and Order, 15 FCC Rcd at 2217, 29. See 47 C.F.R. 74.1231(b) (discussing permissible signal delivery mechanisms for FM translators). Report and Order, 15 FCC Rcd at 2216, 24. See also 47 C.F.R. 73.855. See, e.g., Rural Radio First Report and Order, 25 FCC Rcd at 1584-85, 4-5. See also Rural Radio Second Report
- http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
- [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 Modification of transmission systems. [429]TEXT [430]PDF 73.877 Station logs for LPFM stations. [431]TEXT
- http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fc00019a.doc
- filing window opens for LPFM stations, a party may hold an attributable interest in no more than ten stations. 23. A new Section 73.858 is added, as follows: 73.858 Attribution of LPFM station interests. Ownership and other interests in LPFM station permittees and licensees will be attributed to their holders and deemed cognizable for the purposes of 73.855 and 73.860 of this Subpart, in accordance with the provisions of 73.3555, subject to the following exceptions: (a) A director of an entity that holds an LPFM license will not have such interest treated as attributable if such director also holds an attributable interest in a broadcast licensee or other media entity but recuses himself or herself from any matters affecting the
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- (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 application, and; (ii) the remaining non-priority applications do not face a mutually exclusive challenge. Section 73.860 is modified as follows: 73.860 Cross Ownership *** Except as provided in subsection (b) of this subsection, no license for an LPFM station 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
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2009/dd090701.html
- PUBLIC SAFETY AND HOMELAND SECURITY BUREAU ASSIGNMENT OF LICENSE AUTHORIZATION APPLICATIONS, TRANSFER OF CONTROL OF LICENSEE APPLICATIONS, AND DE FACTO TRANSFER LEASE APPLICATIONS, AND DESIGNATED ENTITY REPORTABLE ELIGIBILITY EVENT APPLICATIONS ACCEPTED FOR FILING. PSHSB [49]DOC-291843A1.pdf [50]DOC-291843A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- GREATER HARDIN ASSOCIATION. Adopted Consent Decree terminating an investigation by the Bureau for possible violations of Sections 73.858 and 73.860 of the Commission's Rules. Action by: Chief, Investigations and Hearings Division, Enforcement Bureau. Adopted: 07/01/2009 by Order/Consent Decree. (DA No. 09-1273). EB [51]DA-09-1273A1.doc [52]DA-09-1273A2.doc [53]DA-09-1273A1.pdf [54]DA-09-1273A2.pdf [55]DA-09-1273A1.txt [56]DA-09-1273A2.txt BIRACH BROADCASTING CORPORATION. Dismissed the application to change the community of license of Station WCXI(AM), Fenton, Michigan. Action by: Chief, Audio Division, Media Bureau by LETTER. (DA No. 09-1494). MB [57]DA-09-1494A1.doc [58]DA-09-1494A1.pdf
- http://www.fcc.gov/Forms/Form318/318.pdf
- of the total weekly broadcast programming hours of the station in which the interest is held. For example, if a full- power broadcaster were to invest in an LPFM applicant and the investment accounted for more than 33 percent of the LPFM applicant's total capitalization, the investment would be attributable and would violate the cross-ownership prohibition of 47 C.F.R. Section 73.860 of the Commission's rules, which is discussed below in the Instructions to Section II, Question 5. Similarly, if a director of the same full-power broadcaster were to act as an officer of the LPFM applicant, the director would be attributed with both stations and Section 73.860 would be violated. Exceptions Section 73.858 of the Commission's rules establishes two exceptions to
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- that is physically headquartered within 16.1 kilometers (10 miles) of the proposed transmitter site; (2) is an educational institution or organization with seventy-five percent (75%) of its board members residing within 16.1 kilometers from the transmitter site; or (3) proposes a public safety radio service and has jurisdiction within the service area of the proposed LPFM station. In addition, Section 73.860(a) of the Commission's Rules (the ``Rules'') prohibits a party from holding an LPFM authorization if it has an attributable interest in a non-LPFM broadcast station. To demonstrate its compliance with this restriction, Section II Item 5(b) requires the applicant to certify, ``No party to this application has an attributable interest in any non-LPFM broadcast station, including any full power AM
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- 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 denied
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- 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 gd
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- states that the filing was necessitated because the Station's signal to the east is blocked by a large ridge which significantly reduces the Station's coverage area. The addition of an FM booster station, according to GGG, will fill in that area. In the Staff Decision, the Media Bureau (the ``Bureau'') staff found that the Application did not comply with Section 73.860(a) of the Commission's Rules (the ``Rules''), which states that an LPFM station licensee cannot have any attributable interest in any other non-LPFM broadcast station. Accordingly, the staff dismissed the Application. In its Petition, GGG argues that Section 73.860(a) does not apply to this case, or in the alternative, requests a waiver of this rule. Specifically, GGG argues that Section 73.860(a)
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- before us a Petition for Reconsideration (``Petition'') filed on December 1, 2011, by Great God Gospel and Educational Station, Inc. (``GGG''), licensee of low-power FM station (``LPFM'') WITG-LP, Ocala, Florida (the ``Station''). GGG seeks reconsideration of the Commission Order denying GGG's Application for Review and upholding the Media Bureau (the ``Bureau'') decision to deny GGG's request for waiver of Section 73.860(a) of the Commission's Rules (the ``Rules''), and to affirm the dismissal of the captioned application for a new FM booster station at Ocala, Florida. For the reasons discussed below, we dismiss the Petition pursuant to Sections 1.106(b)(3) and 1.106(p) of the Rules. 2. Section 1.106(b)(3) and 1.106(p) of the Rules provide that the Bureau may dismiss a petition for reconsideration
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- 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 such limits
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- (2000); regulation modification granted by Second Report and Order, 16 FCC Rcd 8026 (2001); Third Report and Order and Second Further Notice of Proposed Rulemaking, FCC 07-204 (rel. Dec. 11, 2007) (``Third Report and Order''). See Closed Groups of Pending Low Power FM Mutually Exclusive Applications Accepted for Filing, Public Notice, 19 FCC Rcd 4624 (2004). See 47 C.F.R. 73.860. See 47 C.F.R. 73.853(b). The Third Report and Order amends this rule section. Pursuant to the amended 47 C.F.R. 73.853(b), "[o]nly local applicants will be permitted to submit applications." The amended rule takes effect on March 17, 2008. See 47 C.F.R. 73.872. See id. See id. See Calvary Chapel application at Section III, Question 1(a); see also
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- 73.853(b). See also, LPFM Report and Order, 15 FCC Rcd at 2215. l.. As stated supra at para. 10, an LPFM applicant may be registered or otherwise recognized as a nonprofit educational entity under state law. In light of our dismissal of the NTHR application, we also dismiss the WTL Objection to that application as moot. See 47 C.F.R. 73.860. See 47 C.F.R. 73.853(b). The Third Report and Order amends this rule section. Pursuant to the amended 47 C.F.R. 73.853(b), "[o]nly local applicants will be permitted to submit applications." The amended rule takes effect on March 17, 2008. 47 C.F.R. 73.872. Id. See id. See captioned Radio Application at Section III, Question 1(a); see also Exhibit 7;
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- 397(6)(A). See captioned EPRS application at Exhibits 2 and 3. We find JBN's search of the North Carolina Office of the Secretary of State corporations' database to be irrelevant. See JBN's Objection at 3. EPRS certified in its application that it is an ``unincorporated association.'' See also captioned EPRS application at Exhibits 2 and 3. See 47 C.F.R. 73.860. See 47 C.F.R. 73.853(b). The Third Report and Order amends this rule section. Pursuant to the amended 47 C.F.R. 73.853(b), "[o]nly local applicants will be permitted to submit applications." The amended rule takes effect on March 17, 2008. 47 C.F.R. 73.872. Id. See id. See captioned EPRS Application at Section III, Question 1(a); see also Exhibit 7;
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- agency serving the city of Coeur d'Alene, was established by the Coeur d'Alene City Council and provides some evidence that Coeur d'Alene identifies with ``Lake City.'' Furthermore, the city contains Lake City Junior Academy, a private middle school, and Lake City High School, home of the Timberwolves, which is part of the Coeur d'Alene School District. See 47 C.F.R. 73.860. See 47 C.F.R. 73.853(b). The Third Report and Order amends this rule section. Pursuant to the amended 47 C.F.R. 73.853(b), "[o]nly local applicants will be permitted to submit applications." The amended rule takes effect on March 17, 2008. 47 C.F.R. 73.872. Id. See id. See Lake City application at Section III, Question 1(a). See Lake City application
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- registered or otherwise recognized as a nonprofit educational entity under state law. Because, as discussed below, the RVCR application will be dismissed because the applicant was not in existence at the time that its application was filed, we need not address WTL's claim that RVCR misrepresented in its application the year in which it was incorporated. See 47 C.F.R. 73.860. See 47 C.F.R. 73.853(b). The Third Report and Order amends this rule section. Pursuant to the amended 47 C.F.R. 73.853(b), "[o]nly local applicants will be permitted to submit applications." The amended rule takes effect on March 17, 2008. 47 C.F.R. 73.872. Id. See id. See the captioned Beaupre application at Section III, Question 1(a); see also Exhibit
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- transmitter site for more than two years. However, because the Commission does not license LPFM stations to individuals, the Dennison, Calvary Chapel, Christian Hits, UUF, and MKWS principals' individual ties to the community do not provide the ``organizational ties'' valued by the Commission for LPFM applicants. Id. at 33. See also 47 C.F.R. 73.853. See 47 C.F.R. 73.860. See 47 C.F.R. 73.853(b). The Third Report and Order amends this rule section. Pursuant to the amended 47 C.F.R. 73.853(b), "[o]nly local applicants will be permitted to submit applications." The amended rule takes effect on March 17, 2008. 47 C.F.R. 73.872. Id. See id. See captioned Holy Spirit Application at Section III, Question 1(a); see also Exhibit
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- it is affiliated; and (2) has a distinct local presence and mission. To satisfy the second element of this standard, an applicant must demonstrate that it has significant membership within its local area and that it has a local purpose that can be distinguished from the purpose of the national organization with which it is affiliated. See 47 C.F.R. 73.860. See 47 C.F.R. 73.853(b). The Third Report and Order amends this rule section. Pursuant to the amended 47 C.F.R. 73.853(b), "[o]nly local applicants will be permitted to submit applications." The amended rule takes effect on March 17, 2008. 47 C.F.R. 73.872. Id. See id. See captioned OND application at Section III, Question 1(a). See 7-11, supra.
- http://www.fcc.gov/fcc-bin/audio/FCC-08-50A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-50A1.pdf
- II, LLC, Memorandum Opinion and Order, 18 FCC Rcd 9139 (2003); Heidi Damsky, Order, 13 FCC Rcd 16352 (1998); Pikes Peak Broadcasting Co., Memorandum Opinion and Order, 12 FCC Rcd 4626 (1997). BSR Supplement at 3. Area Christian Television, Inc., Memorandum Opinion and Order, 60 RR 2d 862 (1986). 47 C.F.R. 1.65. See id Id. See 47 C.F.R. 73.860. See 47 C.F.R. 73.853(b). The Third Report and Order amends this rule section. Pursuant to the amended rule 47 C.F.R. 73.853(b), "[o]nly local applicants will be permitted to submit applications." The amended rule takes effect on March 17, 2008. 47 C.F.R. 73.872. Id. See id. See captioned Casa Application at Section III, Question 1(a); see also Exhibit
- http://www.fcc.gov/fcc-bin/audio/FCC-11-166A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-11-166A1.pdf
- filed by Great God Gospel and Educational Station, Inc. (``GGG''), seeking review of a denial by the Media Bureau, Audio Division (the ``Bureau''), of a petition for reconsideration of the Bureau's dismissal of an Application for a new FM booster station at Ocala, Florida. In the dismissal letter, the Bureau staff found that the Application did not comply with Section 73.860 of the Commission's rules, which states that an LPFM station licensee cannot have any attributable interest in any other non-LPFM broadcast station. 2. Upon review of the Application for Review and the entire record, we conclude that GGG has failed to demonstrate that the Bureau erred. The Media Bureau properly decided the matters raised, and we uphold its decision for
- http://www.fcc.gov/mb/audio/bickel/amfmrule.html
- [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 Modification of transmission systems. [429]TEXT [430]PDF 73.877 Station logs for LPFM stations. [431]TEXT
- http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
- [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 Modification of transmission systems. [382]TEXT [383]PDF 73.877 Station logs for LPFM stations. [384]TEXT