FCC Web Documents citing 73.871

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

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  • 2002). However, that decision was subsequently vacated upon grant of a petition for rehearing en banc filed by the United States and the Commission. Rehearing by the full court in the Ruggiero case is currently pending. For LP100 stations applications all changes in channel and changes in site greater than 2.0 kilometers would be considered ``major.'' See 47 C.F.R. � 73.871(c). See Second R&O, at 8029-30. See R&O at 2256-57. See 47 C.F.R. �� 73.807 and 73.825. Applications filed earlier in the window will not receive any preference over those filed later in the window. Ownership amendments that would result in more than a 50 % change in the ownership an applicant will not be permitted. Major change amendments will not
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  • Filing (202) 418-2MMB. - FCC - 47 C.F.R. � 73.872(e). At a later date, the Media Bureau will release a separate public notice for mutually exclusive LPFM applications filed in Window IV. See, e.g., Window Opened to Permit Settlements for Closed Groups of Mutually Exclusive Broadcast Applications, Public Notice, 16 FCC Rcd 17091 (rel. Sept. 27, 2001). 47 C.F.R. � 73.871. 47 C.F.R. � 73.3525(a)(3). See id. � 73.3525. See id. � 73.872(c) and (e). See id. � 73.870(d). See id. � 73.871(b). See, e.g., Low Power FM Filing Window Instructions, FCC Makes Available Electronic Filing for the May 30, 2000 - June 5, 2000 Window for Low Power FM New Station Construction Permit Applications, Public Notice, DA 00-1175 (rel. May
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  • FCC - 47 C.F.R. � 73.872(e). The Media Bureau released a separate public notice for mutually exclusive LPFM applications filed in Windows I, II, and III on August 28, 2003 (DA 03-2744). See, e.g., Window Opened to Permit Settlements for Closed Groups of Mutually Exclusive Broadcast Applications, Public Notice, 16 FCC Rcd 17091 (rel. Sept. 27, 2001). 47 C.F.R. � 73.871. 47 C.F.R. � 73.3525(a)(3). See id. � 73.3525. See id. � 73.872(c) and (e). See id. � 73.870(d). See id. � 73.871(b). Amendments will not be accepted via e-mail. See id. � 73.872. (...continued from previous page) (continued....) PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322
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  • mutually exclusive group. Creation of a Low Power Radio Service, Report & Order, 15 FCC Rcd 2205 (2000); Creation of a Low Power Radio Service, Memorandum Opinion & Order on Reconsideration, 15 FCC Rcd 19208 (2000); and Creation of Low Power Radio Service, Second Report & Order, 16 FCC Rcd 8026 (2001); see also id. � 73.872. See id. � 73.871(b). See id. See, e.g., Low Power FM Filing Window Instructions, FCC Makes Available Electronic Filing for the May 30, 2000 - June 5, 2000 Window for Low Power FM New Station Construction Permit Applications, Public Notice, DA 00-1175 (rel. May 26, 2000). Amendments will not be accepted via e-mail. (...continued from previous page) (continued....) PUBLIC NOTICE Federal Communications Commission 445
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  • mutually exclusive group. Creation of a Low Power Radio Service, Report & Order, 15 FCC Rcd 2205 (2000); Creation of a Low Power Radio Service, Memorandum Opinion & Order on Reconsideration, 15 FCC Rcd 19208 (2000); and Creation of Low Power Radio Service, Second Report & Order, 16 FCC Rcd 8026 (2001); see also id. � 73.872. See id. � 73.871(b). See id. Amendments will not be accepted via e-mail. PUBLIC NOTICE News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 � � ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� � � � 0 � � �
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  • July 2001 amendment to improve its comparative position vis a vis the other mutually exclusive applications in Group 66. Acceptance of the amendment would result in NCC receiving two additional points. This would have given NCC three points, enabling it to participate in any settlement or shared-time agreements with the other tentative selectees in its group. NCC contends that Section 73.871(b), which prohibits the filing of amendments after the close of the pertinent filing window that would improve an applicant's comparative position, was not adopted until March 22, 2001; hence, there ``was no way for the NCC to know about the rule. . . .'' Further, NCC states that the rule was not ``codified'' in the Code of Federal Regulations until
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  • evidence'' identifying Petitioners as affiliated with the national Calvary Chapel organization. As such, Lawyers Guild asserts Petitioners must show that they have a local purpose that can be distinguished from the national Calvary Chapel organization. Lawyers Guild maintains that the Commission should not accept the proffered amendments because they improve the comparative positions of the Petitioners in violation of section 73.871(b). Alternatively, Lawyers Guild contends that if the Commission accepts the amendments, Petitioners do not qualify for the attribution exemption under Section 73.858(b), because the amendments fail to establish their distinctly local presence and mission because ``they fail to address any specific locally originated programming intended to be broadcast.'' Each of the Petitioners formally and voluntarily identifies itself with the Calvary
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  • at 1, 2. Id. at 2. See notes 3 and 4, supra, and accompanying text. Educational Program; Calvary Chapel of Yakima (filed April 15, 2004) (``Revised Statement''). CCY Petition at 6. Id. at 1. Id.; 47 C.F.R. � 1.65(a). As stated above, it is undisputed that CCY was separately incorporated within Yakima. 47 C.F.R. � 73.872. See 47 C.F.R. � 73.871(c)(4). In its informal objection, the Lawyers Guild argues that CCY ``fails to satisfactorily establish that it has a distinct local mission that can be distinguished from the purpose of the national Calvary Chapel.'' Lawyers Guild Informal Objection at 4. To support this allegation, the Lawyers Guild references portions of CCY's statement of educational purpose, which it claims is ``nearly word-for-word
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  • the application have corrected this information. M&M Dayton states that as a non-profit, non-stock entity it does not have any voting or equity interests, and that, in reality, M&M CD has no ownership, equity, or voting interest in M&M Dayton. M&M Dayton characterizes its amendments as a ``correction,'' not a report of a major change in ownership structure under Section 73.871(a) of the Rules. We accept M&M Dayton's amendments as a correction of an error under Sections 1.65 and 73.871(c)(4) of the Rules. M&M CD could have no equity or voting rights in M&M Dayton because the latter entity is an unincorporated association. Moreover, we note that when M&M Dayton eventually incorporated on December 12, 2001, as a non-profit, non-stock corporation,
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  • community. Thus, with the submission of the Amended Statement, we find that CEC has successfully established a distinct local presence and mission within Destin and, therefore, is eligible to hold an LPFM station license. For this reason, we grant the CEC Petition and reinstate the Application. In its Opposition, Lawyers Guild first claims that CEC's amendment is inappropriate under Section 73.871(b) of the Rules. CEC's amendment is considered to be a minor filing under Section 73.871(c)(4) of the Rules. Non-technical minor amendments are not restricted in scope other than for two exceptions, neither of which applies here. Moreover, the proffered amendment addresses CEC's basic qualifications to hold a LPFM authorization and does not improve its comparative position vis-�-vis any other LPFM
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  • that the application should be dismissed because: (1) FMM's headquarters is located more than 10 miles from the proposed transmitter site; (2) fewer than 75 percent of FMM's board members reside within 10 miles of the proposed transmitter site; (3) FMM's 2003 Amendment adds additional board members and should be considered an impermissible major amendment to the application under Section 73.871 of the Commission's Rules (the ``Rules''); and (4) FMM's corporate status has been forfeited, thus making it ineligible to hold an LPFM license. On March 27, 2003, FMM filed an Opposition to NLG's Objection. Discussion. Local Applicant Requirement. Section 73.853(b) of the Rules states that only local applicants will be permitted to apply for an LPFM station during the first
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  • assume that Bruce Sutherland, Carol Clark, and Ron Anderson remained. The loss of two members of a five-member board is a 40 percent change. Even assuming, arguendo, that only one of the resigning members was replaced by Scott Clark, that would still leave a four-member board of which three individuals, or 75 percent, were original board members. 47 C.F.R. � 73.871(b)(3). See Engineering Statement, Exhibit A to Petition, at 4 n.1. 47 C.F.R. � 73.314. Id. � 73.811(a). , May 4 and May 7, 2007. We generally defer to a licensee's editorial judgment as to what constitutes ``educational'' programming, unless that judgment is arbitrary or unreasonable. WQED Pittsburgh and Cornerstone Television, Inc., Order on Reconsideration, 15 FCC Rcd 2534, 2535 (2000).
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  • station protection requirements. See 47 C.F.R. � 73.807(a)(1). Petitions to deny the applications listed in the attached appendix and minor amendments to the applications must be on file with the Commission not later than the close of business on September 17, 2001. Amendments filed pursuant to this notice must be classified as ``minor'' under the provisions of 47 C.F.R � 73.871. Groups of mutually exclusive applications that were properly filed during the windows and comply with Commission and statutory requirements will be announced by subsequent Public Notice. FCC Attachment APPENDIX BNPL-20000828AAI NEW MUSKEGON, MI THE WEST MICHIGAN COMMUNITY HELP NETWORK REQ: 103.7 MHz Channel No. 279 BNPL-20010116ABA NEW MONCKS CORNER, SC FIRST BAPTIST CHURCH REQ: 100.1 MHz Channel No. 261 BNPL-20010116ABG
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  • station protection requirements. See 47 C.F.R. � 73.807(a)(1). Petitions to deny the applications listed in the attached appendix and minor amendments to the applications must be on file with the Commission not later than the close of business on April 10, 2002. Amendments filed pursuant to this notice must be classified as ``minor'' under the provisions of 47 C.F.R � 73.871. Groups of mutually exclusive applications that were properly filed during the windows and comply with Commission and statutory requirements will be announced by subsequent Public Notice. FCC Attachment BNPL-20010611ABT NEW BISBEE, AZ BISBEE RADIO PROJECT REQ: 96.1 Channel 241 BNPL-20010611ADW NEW PHOENIX, AZ IGLESIA DE CRISTO MIEL DE PHOENIX REQ: 88.7 MHz Channel 204 BNPL-20010611AEA NEW BULLHEAD CITY, AZ IGLESIA
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  • station protection requirements. See 47 C.F.R. � 73.807(a)(1). Petitions to deny the applications listed in the attached appendix and minor amendments to the applications must be on file with the Commission not later than the close of business on June 24, 2002. Amendments filed pursuant to this notice must be classified as ``minor'' under the provisions of 47 C.F.R � 73.871. Groups of mutually exclusive applications that were properly filed during the windows and comply with Commission and statutory requirements will be announced by subsequent Public Notice. FCC Attachment APPENDIX BNPL-20000831ADN NEW LEDYARD, CT CALVARY CHRISTIAN FELLOWSHIP REQ: 100.1 MHz Channel No. 261 BNPL-20010122AMT NEW NORTH MYRTLE BEACH, SC CITY OF NORTH MYRTLE BEACH REQ: 96.7 MHz Channel No. 254 BNPL-20010611AAA
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  • station protection requirements. See 47 C.F.R. � 73.807(a)(1). Petitions to deny the applications listed in the attached appendix and minor amendments to the applications must be on file with the Commission not later than the close of business on October 7, 2002. Amendments filed pursuant to this notice must be classified as ``minor'' under the provisions of 47 C.F.R � 73.871. Groups of mutually exclusive applications that were properly filed during the windows and comply with Commission and statutory requirements will be announced by subsequent Public Notice. FCC Attachment APPENDIX BNPL-20000605AHC NEW WATSONVILLE, CA OHANA DE WATSONVILLE REQ: 104.7 MHz Channel No. 284 BNPL-20000829ADH NEW BARTLETT, NH THE JACKSON SKI COMMUNITY RADIO ASSOCIATION REQ: 101.1 MHz Channel No. 266 BNPL-20010116ABH NEW
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  • station protection requirements. See 47 C.F.R. � 73.807(a)(1). Petitions to deny the applications listed in the attached appendix and minor amendments to the applications must be on file with the Commission not later than the close of business on November 15, 2002. Amendments filed pursuant to this notice must be classified as ``minor'' under the provisions of 47 C.F.R � 73.871. Groups of mutually exclusive applications that were properly filed during the windows and comply with Commission and statutory requirements will be announced by subsequent Public Notice. FCC Attachment APPENDIX BNPL-20000530ABG NEW WEST LAFAYETTE, IN WHITE HORSE CHRISTIAN CENTER REQ: 97.3 MHz Channel No. 247 BNPL-20000602AID NEW CORONA, CA MINESTERIOS PALABRA VIVA REQ: 105.5 MHz Channel No. 288 BNPL-20010117ABQ NEW JAMESTOWN,
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  • station protection requirements. See 47 C.F.R. � 73.807(a)(1). Petitions to deny the applications listed in the attached appendix and minor amendments to the applications must be on file with the Commission not later than the close of business on March 17, 2003. Amendments filed pursuant to this notice must be classified as ``minor'' under the provisions of 47 C.F.R � 73.871. FCC Attachment APPENDIX BNPL-20000530AAL NEW BAKERSFIELD, CA YOUNG URBAN BROADCASTERS ASSOCIATION REQ: 93.1 MHz Channel No. 226 BNPL-20000530AAV NEW LIGONIER, IN INDIANA HISTORIC RADIO MUSEUM REQ: 105.9 MHz Channel No. 290 BNPL-20000530ABC NEW MONROE CITY, IN THE BLUE JEANS COMMUNITY CENTER, INC. REQ: 94.1 MHz Channel No. 231 BNPL-20000531AAE NEW BAUGH CITY, IN YOUTH INCORPORATED OF SOUTHERN INDIANA REQ: 96.9
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  • station protection requirements. See 47 C.F.R. � 73.807(a)(1). Petitions to deny the applications listed in the attached appendix and minor amendments to the applications must be on file with the Commission not later than the close of business on May 19, 2003. Amendments filed pursuant to this notice must be classified as ``minor'' under the provisions of 47 C.F.R � 73.871. FCC Attachment APPENDIX BNPL-20000530ABF NEW PINEVILLE, LA LOUISIANA COLLEGE REQ: 95.5 MHz Channel No. 238 BNPL-20000601ACZ NEW SALIDA, CA FELLOWSHIP OF THE EARTH (FOTE) REQ: 106.1 MHz Channel No. 291 BNPL-20000602AEN NEW LA GRANGE, CA LA GRANGE HISTORICAL ASSOCIATION INC. REQ: 107.5 MHz Channel No. 298 BNPL-20000602AGN NEW SAVANNAH, GA SAVANNAH COLLEGE OF ART AND DESIGN REQ: 104.3 MHz Channel
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  • the applicant certifies, under penalty of perjury, that neither the applicant, nor any party to the application, has engaged in any manner including individually or with persons, groups, organizations or other entities, in the unlicensed operation of any station in violation of Section 301 of the Communications Act of 1934, as amended, 47 U.S.C. Section 301. 4. A new Section 73.871 is added as follows: � 73.871 Amendment of LPFM broadcast station applications. (a) New and major change applications may be amended without limitation during the pertinent filing window. (b) Amendments that would improve the comparative position of new and major change applications will not be accepted after the close of the pertinent filing window. (c) Only minor amendments to new
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  • this window must protect all FM, FM Translator, FM Booster, and TV Channel 6 authorizations. LPFM applications must also protect pending broadcast applications in these services that were filed prior to the date of this Notice, along with LPFM applications filed in the previous filing windows.'' See 47 C.F.R. � 73.807. Id. ASU requested a waiver of 47 C.F.R. � 73.871(c), which provides that only minor change technical amendments are permitted after the close of an LPFM filing window. ASU amendment Exhibit 1. 47 C.F.R. �73.871(c). Id. WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969). Columbia Communications Corp. v. FCC, 832 F.2d 189, 192 (D.C. Cir. 1987). See supra n.4. Compare Star Development Group, Inc., 17 FCC Rcd 13127,
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  • Produce filed an informal objection on March 15, 2005, which CCA opposed on April 6, 2005. II. DISCUSSION 2. Produce Informal Objection. In its informal objection, Produce alleges that CCA's Board of Directors has had more than a 50 per cent ownership interest change since the time CCA originally filed its application. Produce contends that CCA, therefore, has violated Section 73.871 of the Commission's rules which proscribes the filing of major amendments after the close of the pertinent filing window. In opposition, CCA argues that its bylaws dictate that CCA Board members serve three-year terms. Accordingly, there is nothing extraordinary in the fact that ``in the four years since this application was originally filed about half of the board has turned
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  • aware that in some circumstances, developments that occur during the pendency of an application may make it difficult or even impossible for an LPFM applicant to use the site originally proposed. Permitting transmitter site relocation of up to 5.6 kilometers for LP100 licensees and 3.2 kilometers for LP10 licensees would provide needed flexibility. Accordingly, we will amend Sections 73.870 and 73.871 of our rules to permit the filing of minor change applications and minor amendments requesting authority for transmitter site relocation of up to 5.6 kilometers for LP100 licensees and 3.2 kilometers for LP10 licensees. We clarify that minor amendments may be filed only to applications that are currently pending. Although we are expanding the permissible distance for transmitter site relocation
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  • the potential inexperience of the permittee, as well as for potential obstacles that may arise during the zoning or permitting processes, that extended construction deadline will be strictly enforced, as it is with all other radio broadcast stations; we do not expect to entertain, and most likely will not grant, waiver requests or those for further extensions. Technical Amendments Section 73.871 of the Rules limits the ability of applicants to propose site changes by minor amendment to relocations of 3.2 kilometers or less for an LP10 station, and 5.6 kilometers or less for an LP100 station. That Rule prevents time-sharing applicants from relocating their transmitters to a central location unless the site falls within those distance limits. To increase flexibility for
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  • � 20, n.40. See also Instructions for FCC Form 318, Section II, Question 2(b). Id. at �� 18 and 19. See also 47 U.S.C. � 397(6)(A). The Commission restricted the initial LPFM filing windows to ``local'' applicants. 47 C.F.R. �� 73.853(b). See also, LPFM Report and Order, 15 FCC Rcd at 2215. See Opposition, Attachment 1. See 47 C.F.R. � 73.871(c)(4). Cf. Superior Broadcasting Of California, Decision, 94 FCC 2d 904 (1983) (slight comparative demerit assessed for failure to report information already on file with FCC) and Post-Newsweek Stations, Florida, Inc., Memorandum Opinion and Order, 49 FCC 2d 92 (1974) (supplemental filings falling within certain parameters were properly accepted and considered by the Bureau). See, e.g., 47 C.F.R. � 73.858(b) and
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  • standing. See JBN Opposition at p. 3 and Attachment 1. This showing was not made in JBN's captioned application. Therefore, we cannot accept it as a basis for awarding a point for ``established community presence,'' because accepting an amendment to an application that would improve the comparative position from that established in the original application is in contravention of Section 73.871(b). See 47 C.F.R. � 73.871(b). In any event, the information JBN has submitted does not establish that JBN met the two-year requirement for such a point. We will accept JBN's December 23, 2004, filing as an amendment to its application for informational purposes only. In fact, JBN observes that each of the more than 30 LPFM applicants whose applications to
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  • City explains that ``Lake City'' is actually an unofficial name for Coeur d'Alene, Idaho, given its proximity to Lake Coeur d'Alene, and ``many local businesses'' include the words ``Lake City'' in their names. Nevertheless, it acknowledges that ``Coeur d'Alene'' is the more accurate name for the community, and it has proffered an amendment to its application filed pursuant to Section 73.871(c)(4) of the Rules to specify Coeur d'Alene as its proposed community of license. Lake City claims that this would be a minor amendment to its pending proposal under Section 73.871. 16. Although Lake City filed the amendment to its application to specify Coeur d'Alene as the proposed community of license, we will dismiss this amendment as moot for the reasons
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  • was a non-profit corporation with educational goals, with physical headquarters within 10 miles of its proposed transmitter site. In its Reply, RVCR argues that WTL did not demonstrate in its application as originally filed that it was entitled to a point for established community presence, and its attempt at ex post facto justification must be rejected because, pursuant to Section 73.871(b) of the Commission's Rules (the ``Rules''), it cannot upgrade its comparative status after the cut-off date for its proposal. 4. In the LPFM Report and Order, the Commission stated that an applicant claiming a point for established community presence must provide supporting documentation as an exhibit to its application: Applicants claiming points for established community presence will be required to
• 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
  • Letter to Edward P. Cunningham, Ref. 1800B3-SS (MB Oct. 14, 2004); and Letter to Edward P. Cunningham, Ref. 1800B3-SS (MB Jul. 7, 2005). In disallowing the Petition regarding the Public Notice, the Bureau found that two of NCC's claimed comparative points were based upon an amendment that it had filed improving its comparative position, in violation of 47 C.F.R. � 73.871(b). The Bureau denied the voluntary time-share agreement because it was not an agreement among those tied for the highest point total in the group; thus, it was impermissible under 47 C.F.R. � 73.872(c). EPC filed an informal objection on March 3, 2004, to Dennison's application, which Dennison opposed on April 5, 2004; EPC filed a Petition to Deny Christian Hits'
• 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
  • agreement with regard to their stations pursuant to � 73.872 paragraphs (c) and (e). Minor changes of LPFM stations may include: (1) Changes in frequency to adjacent or I.F. frequencies or, upon a technical showing of reduced interference, to any frequency; and (2) Amendments to time-sharing agreements, including universal agreements that supersede involuntary arrangements. * * * * * Section 73.871 is amended by revising paragraph (c) to read as follows: � 73.871 Amendment of LPFM broadcast station applications. * * * * * (c) Only minor amendments to new and major change applications will be accepted after the close of the pertinent filing window. Subject to the provisions of this section, such amendments may be filed as a matter of
• 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
  • the applicant certifies, under penalty of perjury, that neither the applicant, nor any party to the application, has engaged in any manner including individually or with persons, groups, organizations or other entities, in the unlicensed operation of any station in violation of Section 301 of the Communications Act of 1934, as amended, 47 U.S.C. Section 301. 4. A new Section 73.871 is added as follows: � 73.871 Amendment of LPFM broadcast station applications. (a) New and major change applications may be amended without limitation during the pertinent filing window. (b) Amendments that would improve the comparative position of new and major change applications will not be accepted after the close of the pertinent filing window. (c) Only minor amendments to new
• http://transition.fcc.gov/fcc-bin/audio/FCC-12-28A1.doc http://transition.fcc.gov/fcc-bin/audio/FCC-12-28A1.pdf
  • agreement with regard to their stations pursuant to � 73.872 paragraphs (c) and (e). Minor changes of LPFM stations may include: (1) Changes in frequency to adjacent or I.F. frequencies or, upon a technical showing of reduced interference, to any frequency; and (2) Amendments to time-sharing agreements, including universal agreements that supersede involuntary arrangements. * * * * * Section 73.871 is amended by revising paragraph (c) to read as follows: � 73.871 Amendment of LPFM broadcast station applications. * * * * * (c) Only minor amendments to new and major change applications will be accepted after the close of the pertinent filing window. Subject to the provisions of this section, such amendments may be filed as a matter of
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • [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 by FCC; availability to FCC of station logs and records. [ [433]Inspection Fact Sheet ] [434]TEXT [435]PDF 73.879
• 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
  • the applicant certifies, under penalty of perjury, that neither the applicant, nor any party to the application, has engaged in any manner including individually or with persons, groups, organizations or other entities, in the unlicensed operation of any station in violation of Section 301 of the Communications Act of 1934, as amended, 47 U.S.C. Section 301. 4. A new Section 73.871 is added as follows: � 73.871 Amendment of LPFM broadcast station applications. (a) New and major change applications may be amended without limitation during the pertinent filing window. (b) Amendments that would improve the comparative position of new and major change applications will not be accepted after the close of the pertinent filing window. (c) Only minor amendments to new
• http://www.fcc.gov/fcc-bin/audio/DA-06-1480A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1480A1.pdf
  • the application have corrected this information. M&M Dayton states that as a non-profit, non-stock entity it does not have any voting or equity interests, and that, in reality, M&M CD has no ownership, equity, or voting interest in M&M Dayton. M&M Dayton characterizes its amendments as a ``correction,'' not a report of a major change in ownership structure under Section 73.871(a) of the Rules. We accept M&M Dayton's amendments as a correction of an error under Sections 1.65 and 73.871(c)(4) of the Rules. M&M CD could have no equity or voting rights in M&M Dayton because the latter entity is an unincorporated association. Moreover, we note that when M&M Dayton eventually incorporated on December 12, 2001, as a non-profit, non-stock corporation,
• http://www.fcc.gov/fcc-bin/audio/DA-07-1934A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1934A1.pdf
  • that the application should be dismissed because: (1) FMM's headquarters is located more than 10 miles from the proposed transmitter site; (2) fewer than 75 percent of FMM's board members reside within 10 miles of the proposed transmitter site; (3) FMM's 2003 Amendment adds additional board members and should be considered an impermissible major amendment to the application under Section 73.871 of the Commission's Rules (the ``Rules''); and (4) FMM's corporate status has been forfeited, thus making it ineligible to hold an LPFM license. On March 27, 2003, FMM filed an Opposition to NLG's Objection. Discussion. Local Applicant Requirement. Section 73.853(b) of the Rules states that only local applicants will be permitted to apply for an LPFM station during the first
• http://www.fcc.gov/fcc-bin/audio/DA-10-1293A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-1293A1.pdf
  • assume that Bruce Sutherland, Carol Clark, and Ron Anderson remained. The loss of two members of a five-member board is a 40 percent change. Even assuming, arguendo, that only one of the resigning members was replaced by Scott Clark, that would still leave a four-member board of which three individuals, or 75 percent, were original board members. 47 C.F.R. � 73.871(b)(3). See Engineering Statement, Exhibit A to Petition, at 4 n.1. 47 C.F.R. � 73.314. Id. � 73.811(a). , May 4 and May 7, 2007. We generally defer to a licensee's editorial judgment as to what constitutes ``educational'' programming, unless that judgment is arbitrary or unreasonable. WQED Pittsburgh and Cornerstone Television, Inc., Order on Reconsideration, 15 FCC Rcd 2534, 2535 (2000).
• http://www.fcc.gov/fcc-bin/audio/FCC-07-204A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-07-204A1.pdf
  • the potential inexperience of the permittee, as well as for potential obstacles that may arise during the zoning or permitting processes, that extended construction deadline will be strictly enforced, as it is with all other radio broadcast stations; we do not expect to entertain, and most likely will not grant, waiver requests or those for further extensions. Technical Amendments Section 73.871 of the Rules limits the ability of applicants to propose site changes by minor amendment to relocations of 3.2 kilometers or less for an LP10 station, and 5.6 kilometers or less for an LP100 station. That Rule prevents time-sharing applicants from relocating their transmitters to a central location unless the site falls within those distance limits. To increase flexibility for
• http://www.fcc.gov/fcc-bin/audio/FCC-08-36A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-36A1.pdf
  • � 20, n.40. See also Instructions for FCC Form 318, Section II, Question 2(b). Id. at �� 18 and 19. See also 47 U.S.C. � 397(6)(A). The Commission restricted the initial LPFM filing windows to ``local'' applicants. 47 C.F.R. �� 73.853(b). See also, LPFM Report and Order, 15 FCC Rcd at 2215. See Opposition, Attachment 1. See 47 C.F.R. � 73.871(c)(4). Cf. Superior Broadcasting Of California, Decision, 94 FCC 2d 904 (1983) (slight comparative demerit assessed for failure to report information already on file with FCC) and Post-Newsweek Stations, Florida, Inc., Memorandum Opinion and Order, 49 FCC 2d 92 (1974) (supplemental filings falling within certain parameters were properly accepted and considered by the Bureau). See, e.g., 47 C.F.R. � 73.858(b) and
• http://www.fcc.gov/fcc-bin/audio/FCC-08-37A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-37A1.pdf
  • standing. See JBN Opposition at p. 3 and Attachment 1. This showing was not made in JBN's captioned application. Therefore, we cannot accept it as a basis for awarding a point for ``established community presence,'' because accepting an amendment to an application that would improve the comparative position from that established in the original application is in contravention of Section 73.871(b). See 47 C.F.R. � 73.871(b). In any event, the information JBN has submitted does not establish that JBN met the two-year requirement for such a point. We will accept JBN's December 23, 2004, filing as an amendment to its application for informational purposes only. In fact, JBN observes that each of the more than 30 LPFM applicants whose applications to
• http://www.fcc.gov/fcc-bin/audio/FCC-08-38A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-38A1.pdf
  • City explains that ``Lake City'' is actually an unofficial name for Coeur d'Alene, Idaho, given its proximity to Lake Coeur d'Alene, and ``many local businesses'' include the words ``Lake City'' in their names. Nevertheless, it acknowledges that ``Coeur d'Alene'' is the more accurate name for the community, and it has proffered an amendment to its application filed pursuant to Section 73.871(c)(4) of the Rules to specify Coeur d'Alene as its proposed community of license. Lake City claims that this would be a minor amendment to its pending proposal under Section 73.871. 16. Although Lake City filed the amendment to its application to specify Coeur d'Alene as the proposed community of license, we will dismiss this amendment as moot for the reasons
• http://www.fcc.gov/fcc-bin/audio/FCC-08-39A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-39A1.pdf
  • was a non-profit corporation with educational goals, with physical headquarters within 10 miles of its proposed transmitter site. In its Reply, RVCR argues that WTL did not demonstrate in its application as originally filed that it was entitled to a point for established community presence, and its attempt at ex post facto justification must be rejected because, pursuant to Section 73.871(b) of the Commission's Rules (the ``Rules''), it cannot upgrade its comparative status after the cut-off date for its proposal. 4. In the LPFM Report and Order, the Commission stated that an applicant claiming a point for established community presence must provide supporting documentation as an exhibit to its application: Applicants claiming points for established community presence will be required to
• http://www.fcc.gov/fcc-bin/audio/FCC-08-40A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-40A1.pdf
  • Letter to Edward P. Cunningham, Ref. 1800B3-SS (MB Oct. 14, 2004); and Letter to Edward P. Cunningham, Ref. 1800B3-SS (MB Jul. 7, 2005). In disallowing the Petition regarding the Public Notice, the Bureau found that two of NCC's claimed comparative points were based upon an amendment that it had filed improving its comparative position, in violation of 47 C.F.R. � 73.871(b). The Bureau denied the voluntary time-share agreement because it was not an agreement among those tied for the highest point total in the group; thus, it was impermissible under 47 C.F.R. � 73.872(c). EPC filed an informal objection on March 3, 2004, to Dennison's application, which Dennison opposed on April 5, 2004; EPC filed a Petition to Deny Christian Hits'
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • [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 by FCC; availability to FCC of station logs and records. [ [433]Inspection Fact Sheet ] [434]TEXT [435]PDF 73.879
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • [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 by FCC; availability to FCC of station logs and records. [ [386]Inspection Fact Sheet ] [387]TEXT [388]PDF 73.879