FCC Web Documents citing 73.865

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

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1924A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1924A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1924A1.txt
  • time. The waiver request, which Hoyt amended on August 16, 2005, was unopposed. The Bureau staff granted the waiver and established February 27, 2007, three years from the date of the initial permit, as the expiration date of the Des Moines LPFM station's construction permit. This revised expiration date is reflected in the Commission's CDBS data base. Waiver of Section 73.865. In its Objection, FPR also argues that Hoyt has failed to justify its request for waiver of Section 73.865 of the Commission's Rules, which prohibits all but involuntary and pro forma transfers and assignments of LPFM stations. In the Second Order and Further Notice, the Commission examined the issue of allowing LPFM permittees and licensees to assign their authorizations, which
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3541A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3541A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3541A1.txt
  • to assign the permit. A letter from the Division Superintendent of SCPS to the Senior Pastor of CLM, memorializing the agreement between the parties, specified that CLM would pay $1000 to SCPS as compensation for assignment of the permit. In a March 7, 2007 amendment to the Application, SCPS provided documentation to support a request for a waiver of Section 73.865 of Commission's rules, which prohibits most assignments and transfers of LPFM authorizations. The parties to the application certified that SCPS would not profit from the assignment. In support of this certification, they included a statement from the consultant that originally prepared the Station's permit application for SCPS, clarifying that that his charges had exceeded the $1000 consideration SCPS was to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-554A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-554A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-554A1.txt
  • and denying FPR's Informal Objection to the assignment application (the ``Objection''). For the reasons discussed below, we dismiss the Petition. Background. Hoyt, permittee of a new low power FM (``LPFM'') station in Des Moines, Iowa, submitted an application to assign the permit and sell the assets of that facility to EFR. In its application, Hoyt requested a waiver of Section 73.865 of the Commission's Rules (the ``Rules''), which prohibits all but involuntary and pro forma transfers and assignments of LPFM stations. In support of its waiver request, Hoyt indicated that it seeks to assign the Des Moines LPFM permit because, among other reasons, it cannot afford to build and operate the station. In its Objection, FPR argued that the factors addressed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1309A1.pdf
  • a full power station that is implicated in the consideration of a second-adjacent channel short-spacing waiver proposed in an LPFM displacement application to change channels. Small Businesses Affected by This Rule Are Subject to the Commission's Findings Regarding Ownership and Technical Matters. In the Third Report and Order, the Commission provides greater flexibilityfor LPFMlicensees and applicants. First, it amends Section 73.865 of the Commission's rules to clarifythat transfers of control involving a sudden change of more than 50 percent of the membership of an LPFM licensee's governing board shall not be deemed "a substantial change in ownership or control of the station." The Third Report and Order next concludes that the existing rule prohibiting LPFM transfers and assignments is too restrictive,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-969A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-969A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-969A1.txt
  • October 11, 2007. See Creation of a Low Power Service, Third Report and Order and Second Further Notice of Proposed Rulemaking, 22 FCC Rcd 21912 (2007). The final Rules were published in the Federal Register on January 17, 2008, and went into effect on March 17, 2008. Third Report and Order, 73 FR 3202 (Jan. 17, 2008). 47 C.F.R. � 73.865; Third Report and Order, 22 FCC Rcd at 21920. See FCC File No. BLL-20080109ACN. Federal Communications Commission Washington, D.C. 20554 April 28, 2008 ' `` � �%���PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_� - J��, �Nt�Rb �7�P���U�ZS '��wp��ˈ jP�T{.|�87w]�g��yA�Ҩ-��=T#�O> �#W p����U�^S� �t�''�TxNt�l ۦ��X6`T{������:�r�� �A�R\ )]h]e�M8�I̟`�?K^��� ?C��A�UU �3ꡟ=��A � \�+�_ �e�P�g� �ك�� �_ą {�.� �"��{Z��HV9�iъ���� s+
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2195A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2195A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2195A1.txt
  • v. FCC, 530 F. 2d 1086 (D.C. Cir. 1976). See Section 1.4(b) of the Commission's Rules. 47 C.F.R. � l.4(b). See Sections 1.4(e) and (j) of the Commission's Rules. 47 C.F.R. � 1.4(e) and (j). February 18 was the first business day after the thirty day period ended on Saturday, February 16, 2008. See footnote 3, supra. 47 C.F.R. � 73.865. Federal Communications Commission Washington, D.C. 20554 October 9, 2009 � � � � � � �%���PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_� - J��, �Nt�Rb �7�P���U�ZS '��wp��ˈ jP�T{.|�87w]�g��yA�Ҩ-��=T#�O> �#W p����U�^S� �t�''�TxNt�l ۦ��X6`T{������:�r�� �A�R\ )]h]e�M8�I̟`�?K^��� ?C��A�UU �3ꡟ=��A � \�+�_ �e�P�g� �ك�� �_ą {�.� �"��{Z��HV9�iъ���� s+ �~ �p��,�� �tm�y� ݤ*>0�F��lŢ.|�� /�b���=^''"TxM[�D\Њl��-I�@� � �-'��I�<~@� �p^v�}��+d�� '� �@����7�l:] �WN
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2470A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2470A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2470A1.txt
  • Section 73.3587 of the Rules. Substantive Matters. In the Petition, Fern Creek requests that we ``thoroughly review'' Brycc's qualifications as an LPFM licensee. It contends that (1) the Timeshare Site is outside the 10 mile radius required under Section 73.853 of the Rules; (2) Brycc's ownership has changed 100% since the original construction permit was issued, in violation of Section 73.865 of the Rules; and (3) Brycc does not qualify to be a LPFM licensee because it is not an educational institution, and that any educational affiliation it once had no longer exists. For the reasons set forth below, we will deny the Petition. Fern Creek first argues that the Timeshare Site is located more than 10 miles from Brycc's headquarters
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2613A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2613A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2613A1.txt
  • merits of Fern Creek's arguments. Substantive Matters. In the Petition, Fern Creek requests that we ``thoroughly review'' Brycc's qualifications as an LPFM licensee. It contends that (1) the Timeshare Site is outside the 10 mile radius required under Section 73.853 of the Rules; (2) Brycc's ownership has changed 100% since the original construction permit was issued, in violation of Section 73.865 of the Rules; and (3) Brycc does not qualify to be a LPFM licensee because it is not an educational institution, and that any educational affiliation it once had no longer exists. We reject these arguments for the reasons set forth below. Fern Creek first argues that the Timeshare Site is located more than 10 miles from Brycc's headquarters (Brycc
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2108A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2108A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2108A1.txt
  • Agreement which prohibits a party from assigning ``its interest under the Agreement without the prior written consent of the other Parties . . . ;'' and (3) grant of the Assignment Application is not in the public interest. In his Objection, Anderson also argues that the ``transfer appears to violate . . . the [C]ommission's own rules under 73.872 and 73.865 . . .'' and would violate a provision in the Time Share Agreement. In addition, Anderson alleges that TNN appears to have exerted ``operational control'' over the Station. Discussion. In assessing the merits of a petition to deny and of an informal objection under Sections 309(d) and (e), respectively, of the Communications Act of 1934, as amended (the ``Act''), we
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1113A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1113A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1113A1.txt
  • at 2219 � 33 (2000). See Third Report and Order, 22 FCC Rcd at 21922 � 23 (2007). See LPFM Report and Order, 15 FCC Rcd at 2220 � 36 (2000). We note that LPFM licenses may now be transferred or assigned to another local entity, but not for three years from the date of issue. See 47 C.F.R. � 73.865(c). BSR's counsel states that he visited Zion's Barrington, Rhode Island, campus on August 19, 2008; he states that ``[t]here is no question that Zion had packed up and moved for good.'' See Comments at 2. In light of Zion's statement that it is still offering classes in Barrington, BSR counsel's summer recess visit is not probative of whether or not
• 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
  • the Low Power FM Interference Testing Program (rel. Feb. 19, 2004). Creation of a Low Power Radio Service, Second Order on Reconsideration and Further Notice of Proposed Rule Making, 20 FCC Rcd 6763, � 1 (2005) (``Second Reconsideration Order'' and ``Further Notice''). Further Notice, 20 FCC Rcd at 6769-73, �� 16-23. Id. at 6772, � 20; see 47 C.F.R. � 73.865. In so doing, the Commission cited examples of circumstances in which a waiver of Section 73.865 might be appropriate, including ``a sudden change in the majority of a governing board with no change in the organization's mission; development of a partnership or cooperative effort between local community groups, one of which is the licensee; and transfer to another local entity
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267733A1.pdf
  • A T I O N FILE NUMBER STATE E/P 09/27/2006 Actions of: LOW POWER FM APPLICATIONS FOR ASSIGNMENT OF PERMIT GRANTED , DES MOINES 99.1 MHZ E IA Voluntary Assignment of Construction Permit, as amended From: HOYT SHERMAN PLACE FOUNDATION To: EMPLOYEE & FAMILY RESOURCES, INC. Form 314 INFORMAL OBJECTION FILED BY FLORIDA PUBLIC RADIO, INC. IS DENIED AND SECTION 73.865 OF THE COMMISSION'S RULES IS WAIVED. *GRANTED WITH CONDITION* HOYT SHERMAN PLACE FOUNDATION NEW 134908 BAPL-20060216AAY IA 09/28/2006 Actions of: FM STATION APPLICATIONS FOR ASSIGNMENT OF LICENSE GRANTED , TWISP 106.3 MHZ E WA Voluntary Assignment of License From: VALLEY AIR LLC To: RESORT RADIO, LLC Form 314 VALLEY AIR LLC. KVLR 41319 BALH-20060809ABI WA 09/29/2006 Actions of: LOW POWER
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268329A1.pdf
  • NUMBER E/P LOW POWER FM APPLICATIONS FOR ASSIGNMENT OF PERMIT PETITION FOR RECONSIDERATION NEW 134908 HOYT SHERMAN PLACE FOUNDATION IA DES MOINES , IA BAPL-20060216AAY 99.1 MHZ E Voluntary Assignment of Construction Permit, as amended From: HOYT SHERMAN PLACE FOUNDATION To: EMPLOYEE & FAMILY RESOURCES, INC. Form 314 INFORMAL OBJECTION FILED BY FLORIDA PUBLIC RADIO, INC. IS DENIED AND SECTION 73.865 OF THE COMMISSION'S RULES IS WAIVED. *GRANTED WITH CONDITION* Petition for Reconsideration filed on 10/26/2006. FM AUXILIARY TRANSMITTING ANTENNA APPLICATIONS FOR AUXILIARY PERMIT ACCEPTED FOR FILING WLZT 52042 CC LICENSES, LLC OH CHILLICOTHE , OH BXPH-20061031ACO 93.3 MHZ E CP for auxiliary purposes. KRVI 37001 CAPSTAR TX LIMITED PARTNERSHIP MN BARNESVILLE , MN BXPH-20061101ACJ 95.1 MHZ E CP for auxiliary
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307406A1.pdf
  • and Order and Second Further Notice of Proposed Rulemaking, 22 FCC Rcd 21912, 21922 (2007) (Low Power Radio Svc. Order 2007); 47 C.F.R. � 73.855(a). An LPFM license may not be transferred or assigned for three years from the date of issue, and the transferee/assignee must satisfy all eligibility criteria that apply to an LPFM licensee. See 47 C.F.R. � 73.865. LPFM construction permits are non-transferrable. Id. 139 47 C.F.R. � 73.801 (incorporating restrictions in 47 C.F.R. � 73.503). 140 Pub. L. No. 111-371, 124 Stat. 4072 (2011).e 141 2001 District of Columbia Appropriations Act ("2001 DC Appropriations Act" or "Act"). 142 See, e.g., Paul Riismandel, Breaking down the House's new LPFM bill, RADIO SURVIVOR, Dec. 18, 2010, http://www.radiosurvivor.com/tag/ local-community-radio-act-of-2009/;Hayley Tsukayama,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-100A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-100A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-100A1.txt
  • channels and IF channels, the required minimum distance separation is sufficient to avoid interference received from other stations.'' LP100 stations may operate with up to 100 watts effective radiated power and with antenna heights of 30 meters above average terrain or with the equivalent thereof. See 47 C.F.R. � 73.870 (a). See 47 C.F.R. � 73.872. See 47 C.F.R. � 73.865. The Commission-developed LPFM channel finder tool was modified prior to the third window to provide third adjacent channel protection to full power FM and FM translator stations. Thus, applications filed in the third window that selected channels with the help of this engineering software are not impacted by the new distance separation requirements adopted in this Order. The major change
• 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
  • 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 are outside
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-112A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-112A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-112A1.txt
  • gain control over a pending radio station application. We have recently recognized that changes in LPFM governing boards are inevitable over periods as short as four years, and we thus believe it would be unreasonable to expect this applicant to have maintained its original ownership during this time. Accordingly, we recently delegated to the Media Bureau authority to waive Section 73.865, upon finding that the public interest would be served, and allow a change in the majority of an LPFM station's governing board as long as there is no change in the organization's mission. For the same reasons, we waive Section 73.871 with respect to the change in the CCA application's board of directors, and we will deny Produce's objection. 4.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-75A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-75A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-75A1.txt
  • transfers or assignments of construction permits and licenses for LPFM stations would best promote the Commission's interest in ensuring spectrum use for low power operations as soon as possible, without the delay associated with license speculation. We concluded that the goals of the LPFM service would be best met if unused permits and licenses were returned to the Commission. Section 73.865 of our rules provides that ``[a]n LPFM authorization may not be transferred or assigned except for a transfer or assignment that involves: (1) Less than a substantial change in ownership or control; or (2) An involuntary assignment of license or transfer of control.'' Based on forum testimony, ex parte presentations, and requests for waiver of Section 73.865 filed with the
• 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
  • transferable and whether the temporary restrictions on multiple ownership of LPFM stations and on non-local ownership should be extended or allowed to sunset. Because ``introducing some level of transferability to the LPFM service is critical,'' the Commission delegated to the Media Bureau the authority to waive the prohibition on the assignment or transfer of a LPFM station contained in Section 73.865 of the Rules on a case-by-case basis and cited examples of circumstances in which the grant of such a waiver might be appropriate: a sudden change in the majority of a governing board with no change in the organization's mission; development of a partnership or cooperative effort between local community groups, one of which is the licensee; and transfer to
• 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
  • and whether the temporary restrictions on the multiple ownership of LPFM stations and on non-local ownership should be extended or allowed to sunset. Because ``introducing some level of transferability to the LPFM service is critical,'' the Commission delegated to the Media Bureau the authority to waive the prohibition on the assignment or transfer of a LPFM station contained in Section 73.865 of the Rules on a case-by-case basis and cited examples of circumstances in which the grant of such a waiver might be appropriate. The Commission also proposed certain changes to the Rules governing the formation and duration of voluntary and involuntary time-sharing arrangements among mutually exclusive LPFM applicants. The LPFM FNPRM also sought comment on the relationship between the LPFM
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-40A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-40A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-40A1.txt
  • filed in January 2005 indicates that only two of the original six officers remain and that the Board of Deacons has grown considerably. Id. See Constellation, 11 FCC Rcd at 18512. See Creation of Low Power Radio Service, Second Report and Order on Reconsideration and Further Notice of Proposed Rulemaking, 20 FCC Rcd 6763, 6772 (2005) (waiving 47 C.F.R. � 73.865 to allow change in majority of a Low Power FM station's governing board as long as there is no change in the organization's mission); NCE Order, 15 FCC Rcd at 7426 (gradual changes in NCE governing boards are ordinary and inevitable prior to the end of the four-year holding period, and points for diversity and localism will thus be awarded
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01100.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01100.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01100.txt
  • channels and IF channels, the required minimum distance separation is sufficient to avoid interference received from other stations.'' LP100 stations may operate with up to 100 watts effective radiated power and with antenna heights of 30 meters above average terrain or with the equivalent thereof. See 47 C.F.R. � 73.870 (a). See 47 C.F.R. � 73.872. See 47 C.F.R. � 73.865. The Commission-developed LPFM channel finder tool was modified prior to the third window to provide third adjacent channel protection to full power FM and FM translator stations. Thus, applications filed in the third window that selected channels with the help of this engineering software are not impacted by the new distance separation requirements adopted in this Order. The major change
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • 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 [432]PDF 73.878 Station inspections
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fc00019a.doc
  • broadcast radio station must divest such interest prior to the commencement of operations of an LPFM station in which the party also holds an interest. (c) No LPFM licensee may enter into an operating agreement of any type, including a time brokerage or management agreement, with either a full power broadcast station or another LPFM station. 25. A new Section 73.865 is added, as follows: �73.865 Assignment and transfer of LPFM authorizations. (a) An LPFM authorization may not be transferred or assigned except for a transfer or assignment that involves: (1) less than a substantial change in ownership and control; or (2) an involuntary assignment of license or transfer of control. (b) A change in the name of an LPFM licensee
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01100.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01100.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01100.txt
  • channels and IF channels, the required minimum distance separation is sufficient to avoid interference received from other stations.'' LP100 stations may operate with up to 100 watts effective radiated power and with antenna heights of 30 meters above average terrain or with the equivalent thereof. See 47 C.F.R. � 73.870 (a). See 47 C.F.R. � 73.872. See 47 C.F.R. � 73.865. The Commission-developed LPFM channel finder tool was modified prior to the third window to provide third adjacent channel protection to full power FM and FM translator stations. Thus, applications filed in the third window that selected channels with the help of this engineering software are not impacted by the new distance separation requirements adopted in this Order. The major change
• http://www.fcc.gov/fcc-bin/audio/DA-06-1924A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1924A1.pdf
  • time. The waiver request, which Hoyt amended on August 16, 2005, was unopposed. The Bureau staff granted the waiver and established February 27, 2007, three years from the date of the initial permit, as the expiration date of the Des Moines LPFM station's construction permit. This revised expiration date is reflected in the Commission's CDBS data base. Waiver of Section 73.865. In its Objection, FPR also argues that Hoyt has failed to justify its request for waiver of Section 73.865 of the Commission's Rules, which prohibits all but involuntary and pro forma transfers and assignments of LPFM stations. In the Second Order and Further Notice, the Commission examined the issue of allowing LPFM permittees and licensees to assign their authorizations, which
• http://www.fcc.gov/fcc-bin/audio/DA-07-3541A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-3541A1.pdf
  • to assign the permit. A letter from the Division Superintendent of SCPS to the Senior Pastor of CLM, memorializing the agreement between the parties, specified that CLM would pay $1000 to SCPS as compensation for assignment of the permit. In a March 7, 2007 amendment to the Application, SCPS provided documentation to support a request for a waiver of Section 73.865 of Commission's rules, which prohibits most assignments and transfers of LPFM authorizations. The parties to the application certified that SCPS would not profit from the assignment. In support of this certification, they included a statement from the consultant that originally prepared the Station's permit application for SCPS, clarifying that that his charges had exceeded the $1000 consideration SCPS was to
• http://www.fcc.gov/fcc-bin/audio/DA-07-554A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-554A1.pdf
  • and denying FPR's Informal Objection to the assignment application (the ``Objection''). For the reasons discussed below, we dismiss the Petition. Background. Hoyt, permittee of a new low power FM (``LPFM'') station in Des Moines, Iowa, submitted an application to assign the permit and sell the assets of that facility to EFR. In its application, Hoyt requested a waiver of Section 73.865 of the Commission's Rules (the ``Rules''), which prohibits all but involuntary and pro forma transfers and assignments of LPFM stations. In support of its waiver request, Hoyt indicated that it seeks to assign the Des Moines LPFM permit because, among other reasons, it cannot afford to build and operate the station. In its Objection, FPR argued that the factors addressed
• http://www.fcc.gov/fcc-bin/audio/DA-08-969A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-969A1.pdf
  • October 11, 2007. See Creation of a Low Power Service, Third Report and Order and Second Further Notice of Proposed Rulemaking, 22 FCC Rcd 21912 (2007). The final Rules were published in the Federal Register on January 17, 2008, and went into effect on March 17, 2008. Third Report and Order, 73 FR 3202 (Jan. 17, 2008). 47 C.F.R. � 73.865; Third Report and Order, 22 FCC Rcd at 21920. See FCC File No. BLL-20080109ACN. Federal Communications Commission Washington, D.C. 20554 April 28, 2008 ' `` � �%���PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_� - J��, �Nt�Rb �7�P���U�ZS '��wp��ˈ jP�T{.|�87w]�g��yA�Ҩ-��=T#�O> �#W p����U�^S� �t�''�TxNt�l ۦ��X6`T{������:�r�� �A�R\ )]h]e�M8�I̟`�?K^��� ?C��A�UU �3ꡟ=��A � \�+�_ �e�P�g� �ك�� �_ą {�.� �"��{Z��HV9�iъ���� s+
• http://www.fcc.gov/fcc-bin/audio/DA-09-2195A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2195A1.pdf
  • v. FCC, 530 F. 2d 1086 (D.C. Cir. 1976). See Section 1.4(b) of the Commission's Rules. 47 C.F.R. � l.4(b). See Sections 1.4(e) and (j) of the Commission's Rules. 47 C.F.R. � 1.4(e) and (j). February 18 was the first business day after the thirty day period ended on Saturday, February 16, 2008. See footnote 3, supra. 47 C.F.R. � 73.865. Federal Communications Commission Washington, D.C. 20554 October 9, 2009 � � � � � � �%���PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_� - J��, �Nt�Rb �7�P���U�ZS '��wp��ˈ jP�T{.|�87w]�g��yA�Ҩ-��=T#�O> �#W p����U�^S� �t�''�TxNt�l ۦ��X6`T{������:�r�� �A�R\ )]h]e�M8�I̟`�?K^��� ?C��A�UU �3ꡟ=��A � \�+�_ �e�P�g� �ك�� �_ą {�.� �"��{Z��HV9�iъ���� s+ �~ �p��,�� �tm�y� ݤ*>0�F��lŢ.|�� /�b���=^''"TxM[�D\Њl��-I�@� � �-'��I�<~@� �p^v�}��+d�� '� �@����7�l:] �WN
• http://www.fcc.gov/fcc-bin/audio/DA-09-2470A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2470A1.pdf
  • Section 73.3587 of the Rules. Substantive Matters. In the Petition, Fern Creek requests that we ``thoroughly review'' Brycc's qualifications as an LPFM licensee. It contends that (1) the Timeshare Site is outside the 10 mile radius required under Section 73.853 of the Rules; (2) Brycc's ownership has changed 100% since the original construction permit was issued, in violation of Section 73.865 of the Rules; and (3) Brycc does not qualify to be a LPFM licensee because it is not an educational institution, and that any educational affiliation it once had no longer exists. For the reasons set forth below, we will deny the Petition. Fern Creek first argues that the Timeshare Site is located more than 10 miles from Brycc's headquarters
• http://www.fcc.gov/fcc-bin/audio/DA-09-2613A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2613A1.pdf
  • merits of Fern Creek's arguments. Substantive Matters. In the Petition, Fern Creek requests that we ``thoroughly review'' Brycc's qualifications as an LPFM licensee. It contends that (1) the Timeshare Site is outside the 10 mile radius required under Section 73.853 of the Rules; (2) Brycc's ownership has changed 100% since the original construction permit was issued, in violation of Section 73.865 of the Rules; and (3) Brycc does not qualify to be a LPFM licensee because it is not an educational institution, and that any educational affiliation it once had no longer exists. We reject these arguments for the reasons set forth below. Fern Creek first argues that the Timeshare Site is located more than 10 miles from Brycc's headquarters (Brycc
• http://www.fcc.gov/fcc-bin/audio/DA-10-2108A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-2108A1.pdf
  • Agreement which prohibits a party from assigning ``its interest under the Agreement without the prior written consent of the other Parties . . . ;'' and (3) grant of the Assignment Application is not in the public interest. In his Objection, Anderson also argues that the ``transfer appears to violate . . . the [C]ommission's own rules under 73.872 and 73.865 . . .'' and would violate a provision in the Time Share Agreement. In addition, Anderson alleges that TNN appears to have exerted ``operational control'' over the Station. Discussion. In assessing the merits of a petition to deny and of an informal objection under Sections 309(d) and (e), respectively, of the Communications Act of 1934, as amended (the ``Act''), we
• http://www.fcc.gov/fcc-bin/audio/DA-11-1113A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1113A1.pdf
  • at 2219 � 33 (2000). See Third Report and Order, 22 FCC Rcd at 21922 � 23 (2007). See LPFM Report and Order, 15 FCC Rcd at 2220 � 36 (2000). We note that LPFM licenses may now be transferred or assigned to another local entity, but not for three years from the date of issue. See 47 C.F.R. � 73.865(c). BSR's counsel states that he visited Zion's Barrington, Rhode Island, campus on August 19, 2008; he states that ``[t]here is no question that Zion had packed up and moved for good.'' See Comments at 2. In light of Zion's statement that it is still offering classes in Barrington, BSR counsel's summer recess visit is not probative of whether or not
• http://www.fcc.gov/fcc-bin/audio/DA-12-2A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-2A1.pdf
  • the Low Power FM Interference Testing Program (rel. Feb. 19, 2004). Creation of a Low Power Radio Service, Second Order on Reconsideration and Further Notice of Proposed Rule Making, 20 FCC Rcd 6763, � 1 (2005) (``Second Reconsideration Order'' and ``Further Notice''). Further Notice, 20 FCC Rcd at 6769-73, �� 16-23. Id. at 6772, � 20; see 47 C.F.R. � 73.865. In so doing, the Commission cited examples of circumstances in which a waiver of Section 73.865 might be appropriate, including ``a sudden change in the majority of a governing board with no change in the organization's mission; development of a partnership or cooperative effort between local community groups, one of which is the licensee; and transfer to another local entity
• http://www.fcc.gov/fcc-bin/audio/FCC-03-127A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-127A1.pdf
  • 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 are outside
• http://www.fcc.gov/fcc-bin/audio/FCC-07-204A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-07-204A1.pdf
  • transferable and whether the temporary restrictions on multiple ownership of LPFM stations and on non-local ownership should be extended or allowed to sunset. Because ``introducing some level of transferability to the LPFM service is critical,'' the Commission delegated to the Media Bureau the authority to waive the prohibition on the assignment or transfer of a LPFM station contained in Section 73.865 of the Rules on a case-by-case basis and cited examples of circumstances in which the grant of such a waiver might be appropriate: a sudden change in the majority of a governing board with no change in the organization's mission; development of a partnership or cooperative effort between local community groups, one of which is the licensee; and transfer to
• http://www.fcc.gov/fcc-bin/audio/FCC-07-40A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-07-40A1.pdf
  • filed in January 2005 indicates that only two of the original six officers remain and that the Board of Deacons has grown considerably. Id. See Constellation, 11 FCC Rcd at 18512. See Creation of Low Power Radio Service, Second Report and Order on Reconsideration and Further Notice of Proposed Rulemaking, 20 FCC Rcd 6763, 6772 (2005) (waiving 47 C.F.R. � 73.865 to allow change in majority of a Low Power FM station's governing board as long as there is no change in the organization's mission); NCE Order, 15 FCC Rcd at 7426 (gradual changes in NCE governing boards are ordinary and inevitable prior to the end of the four-year holding period, and points for diversity and localism will thus be awarded
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • 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 [432]PDF 73.878 Station inspections
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • 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 [385]PDF 73.878 Station inspections