FCC Web Documents citing 73.872

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

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  • LPFM applications that were filed in the same window. This includes applications that, as originally filed, violated current third-adjacent channel protection requirements and those that fully complied with these requirements. If two technically acceptable major amendments are in conflict, the applications will be treated as ``mutually exclusive'' and processed in accordance with the procedures set forth in 47 C.F.R. § 73.872. Participation. Major amendments may only be filed during the window. Any major amendment that is filed after the release of this public notice but, prior to the opening of the filing window, or filed after the close of the filing window will not be considered. Several applicants have already filed major amendments. The staff will retain and process these major
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  • of up to six months beyond the relevant construction deadline specified in paragraph (d)(1) of this section upon demonstration by the DTV licensee or permittee that failure to meet that construction deadline is due to circumstances that are either unforeseeable or beyond the licensee's control where the licensee has taken all reasonable steps to resolve the problem expeditiously. ***** Section 73.872 is amended by revising paragraph (c)(2) to read as follows: § 73.872 Selection procedure for mutually exclusive LPFM applications. ***** (c)(2) Where a station is licensed pursuant to a time-sharing proposal, a change of the regular schedule set forth therein will be permitted only where a written agreement signed by each time-sharing licensee and complying with requirements (i) through (iii)
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 03-2744 Released: August 28, 2003 SETTLEMENT PERIOD ANNOUNCED FOR CLOSED GROUPS OF PENDING LOW POWER FM MUTUALLY EXCLUSIVE APPLICATIONS FILED IN WINDOWS I, II, AND III The Media Bureau, pursuant to Section 73.872(e) of the Commission's rules, announces a settlement period for the mutually exclusive Low Power FM (``LPFM'') new station applicants listed in Attachment A. Requests for approval of universal settlements that are filed by October 31, 2003, and that satisfy all requirements set forth below will receive expedited processing. Processing Guidelines: Attachment A lists by state and group number each of
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 03-3009 Released: October 1, 2003 SETTLEMENT PERIOD ANNOUNCED FOR CLOSED GROUPS OF PENDING LOW POWER FM MUTUALLY EXCLUSIVE APPLICATIONS FILED IN WINDOW IV The Media Bureau, pursuant to Section 73.872(e) of the Commission's rules, announces a settlement period for the mutually exclusive Low Power FM (``LPFM'') new station applicants listed in Attachment A. Requests for approval of universal settlements that are filed by December 5, 2003, and that satisfy all requirements set forth below will receive expedited processing. Processing Guidelines: Attachment A lists by state and group number each of
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 03-3570 Released: November 7, 2003 FILING LOCATIONS FOR SETTLEMENT AGREEMENTS FOR WINDOW IV LOW POWER FM APPLICATIONS On October 1, 2003, the Media Bureau, pursuant to Section 73.872(e) of the Commission's rules, announced a settlement period for certain mutually exclusive Low Power FM (``LPFM'') new station applicants. Requests for approval of universal settlements that are filed by December 5, 2003, and that satisfy all requirements set forth in the October 1, 2003, Notice will receive expedited processing. We are issuing this Notice to clarify the addresses that settling
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 04-123 Released: January 28, 2004 CLOSED GROUPS OF PENDING LOW POWER FM MUTUALLY EXCLUSIVE APPLICATIONS ACCEPTED FOR FILING The Commission, pursuant to Section 73.872(a) of the Commission's rules, lists in Attachment A the closed groups of pending Low Power FM (``LPFM'') mutually exclusive applications filed in Windows I, II, and III that are accepted for filing. Petitions to deny these applications must be filed within thirty (30) days of this Public Notice. Processing Guidelines: Attachment A lists by state and group number each of
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit " " " Z Ž ¶ Ì ô ô ô ô ô ô ô ô ª " DA 04-679 Released: March 12, 2004 CLOSED GROUPS OF PENDING LOW POWER FM MUTUALLY EXCLUSIVE APPLICATIONS ACCEPTED FOR FILING The Commission, pursuant to Section 73.872(a) of the Commission's rules, lists in Attachment A the closed groups of pending Low Power FM (``LPFM'') mutually exclusive applications filed in Window IV that are accepted for filing. Petitions to deny these applications must be filed within thirty (30) days of this Public Notice. Processing Guidelines: Attachment A lists by state and group number each of the mutually exclusive
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  • Closed Groups of Pending Low Power FM Mutually Exclusive Applications Accepted for Filing, DA 04-123, (rel. Jan. 28, 2004) (``Public Notice''). The agreement states the hours in which both mutually exclusive applicants agreed to share use of the frequency allotted to them. Letter to Edward P. Cunningham and Belinda R. Rawlins (MB May 3, 2004). See also 47 C.F.R. § 73.872(c); Creation of a Low Power Radio Service, Report & Order, 15 FCC Rcd 2205, 2264 (2000) (``LPFM Report and Order''); 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 Letter from Peter H. Doyle,
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  • respective community. The Lake City application, if reinstated, would be mutually exclusive with Hayden's application for a new LPFM station at Hayden, Idaho, File No. BNPL-20010119ADW. 399 F.2d 581(D.C. Cir. 1968) See 47 C.F.R. § 73.871(c)(4). Creation of a Low Power Radio Service, Report and Order, 15 FCC Rcd 2205, 2257 n. 209 (2000). See comparative selection criteria at Section 73.872, ``Selection Procedure for Mutually Exclusive LPFM Applications. The reinstatement of the subject applications also resurrects the Lawyers Guild Informal Objections filed against those applications. Because the Informal Objections raised the same issue Lawyers Guild raised in opposition to the Joint Petition, they require no further discussion and will be denied in connection with the disposition of the applications. These applications
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  • distribution. Thus, we find that CCY has demonstrated a ``distinct local presence and mission'' within Yakima and is therefore eligible to become an LPFM station licensee. For this reason, we grant CCY's Petition for Reconsideration. Because CCY's application is mutually exclusive with other applications for new LPFM stations, it will be considered according to the selection criteria provided in Section 73.872 of the Commission's rules. Furthermore, as CCY's change in legal name is a minor change and is not of decisional significance, we grant a waiver of Section 1.65(a) of the Commission's rules in this limited case and instruct CCY to amend its application within thirty (30) days. Lawyers Guild Informal Objection. Reinstatement of CCY's application requires us to consider the
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  • and women's retreats, educational outreach, and disaster response. Thus, we find that CCRSM has demonstrated a ``distinct local presence and mission'' within Rancho Santa Margarita and is therefore eligible to become an LPFM station licensee. Because CCRSM's application is mutually exclusive with other applications for new LPFM stations, it will be considered according to the selection criteria provided in Section 73.872 of the Commission's rules, as well as all other applicable rules. Conclusion/Actions Accordingly, Calvary Chapel of Rancho Santa Margarita's Petition for Reconsideration IS GRANTED, and its application for a new LPFM station IS REINSTATED. Sincerely, Peter H. Doyle, Chief Audio Division Media Bureau cc: Calvary Chapel of Rancho Santa Margarita Letter to Listed Applicants, Reference 1800B3-GDG/SW (MB Mar. 19, 2004)
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  • shall operate the station each day between the hours of 6:00 pm and 6:00 am local time. HCS shall operate the station each day between the hours of 6:00 am and 6:00 pm local time. We conclude that the acceptance of HCS' and WORC's voluntary time-share agreement, which also aggregates their points, and fully complies with the requirements of Section 73.872, would serve the public interest, convenience and necessity. The terms of this time-share agreement will also be made part of the authorization issued to each of these applicants. Conclusion. Accordingly, IT IS ORDERED that the April 12, 2004, Petition to Deny filed by Hillsboro Hope Radio, Inc., against the application of Heritage Christian School IS DENIED, and all related pleadings
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  • Ashbacker doctrine, the staff will provide an opportunity for any other prospective applicants to file competing applications that also meet the requirements set forth above. To the extent mutually exclusive applications are timely filed, the licensing action for the new Kilgore, Texas, LPFM station will be completed in accordance with our LPFM point system selection procedures, as specified in Section 73.872 of the Commission's Rules. Accordingly, IT IS ORDERED, that the informal objections filed by the informal objectors ARE DENIED, and that the application to assign the license of station KTPB(FM), Kilgore, Texas (File No. BALED-20060518ACO) from Kilgore Junior College to Educational Media Foundation IS GRANTED. Within 90 days of the date of this letter, any current KTPB(FM) listener may file
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  • 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 Public Notice, Closed Groups of Pending Low Power FM Mutually Exclusive Applications Accepted for Filing, DA 04-679, (rel. Mar. 12, 2004). See 47 C.F.R. § 73.872, which provides in pertinent part that: (a) Following the close of each window for new LPFM stations . . . the Commission will issue a public notice identifying all groups of mutually exclusive applications. Such applications will be awarded points to determine the tentative selectee. . . . [T]he tentative selectee will be the applicant within each group with the
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  • Statement. In its Petition, RNR argues that ICOP is not entitled to a grant of its application because it has failed to demonstrate that it is eligible to own and operate an LPFM station. In its Petition, NBCR argues that ICOP is not entitled to a point for ``established community presence'' because it has not met the requirements of Section 73.872 (b)(1) as well as alleging that the ICOP application was filed by and ``individual'' rather than an NCE organization, pursuant to Section 73.853(a) of the Commission's Rules. In its Petition, RNR argues that Samoan is not entitled to a grant of its application because it has failed to demonstrate that it is eligible to own and operate an LPFM station
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  • Petition for Reconsideration (``Petition'') filed on June 1, 2010, by Simply Living, licensee of low-power FM (``LPFM'') Station WCRS-LP, Columbus, Ohio. Simply Living requests reconsideration of the May 3, 2010, letter reissuing Simply Living's license for WCRS-LP with hours of operation from 3:00 p.m.-8:00 p.m. daily. In the Petition, Simply Living also requests a waiver of the requirement in Section 73.872(c)(2) and (3) of the Commission's Rules (the ``Rules'') that any modification to a time-share agreement requires the written approval of all parties to the agreement (``Waiver Request''). Finally, it asks that the Commission conduct an arbitration to resolve the disagreements between Bexley and Simply Living regarding the hours of operation for WCRS-LP and WCRX-LP. For the reasons set forth below,
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  • stations in the areas of Columbus and Groveport, Ohio. Four of the five applicants received construction permits; only Bexley and Simply Living constructed facilities and were granted covering licenses. Simply Living now seeks to assign the Station License to TNN. The Petition raises three arguments: (1) TNN has not made any arrangements on sharing time with Bexley, and therefore, Section 73.872(c) bars the assignment of the Station License to TNN; (2) grant of the Assignment Application would violate the Time Share 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
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  • and Groveport filed applications to assign their construction permits and, therefore, operating hours, to Simply Living. At the request of the applicants, the Commission dismissed the applications. Notwithstanding such dismissal, the Commission reissued Simply Living's license to include the operating hours allocated to Refugee Services and Groveport under the Time Share Agreement. Bexley argues that the Reissuance violated both Sections 73.872(c)(2) and (3) of the Commission Rules (``Rules'') and the Time Share Agreement because Simply Living failed to obtain the written consent of each party to the Time Share Agreement before modifying its operating hours. Accordingly, Bexley asks that the Commission ``restore the status quo'' by informing Simply Living that its operating hours are as stated in the Time Share Agreement
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  • filing, establishing a petition to deny period, and designated Zion, Casa, Ephese, BSR and PCR as tentative selectees. BSR filed separate petitions to deny the PCR, Casa, and Ephese applications on March 30, 2005. On April 25, 2005, Casa, Ephese and Zion amended their respective applications to report that they had entered into a voluntary time-share agreement pursuant to Section 73.872 of the Commission's Rules (the ``Rules''). BSR then filed an ``Objection to Share-Time Agreement and Point Aggregation'' of Casa, Ephese, and Zion on May 9, 2005, and a ``Supplement'' to its Objection to the time-share agreement on October 11, 2007, in which it argued that Zion had contracted to sell its campus and move the entire institution to a location
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  • 73.810. See Appendix A.1. 47 C.F.R. § 73.855 (allowing not-for-profit organizations and governmental entities with a public safety purpose to own multiple LPFM licenses if one of the multiple licenses is submitted as a priority application and the remaining non-priority applications do not face a mutually exclusive challenge). 47 C.F.R. § 73.3555(a)(1). 47 C.F.R. § 73.3555(c), (e). 47 C.F.R. § 73.872(b)(3). Creation of Low Power Radio Service, Report and Order, 15 FCC Rcd 2205, 2208, ¶¶ 3, 4 (2000) (``LPFM Order''). Id. at 2211-12, ¶¶ 13-14; see also 47 C.F.R. § 73.811. No stations currently exist in the LP10 class. The Commission has not opened an application filing window for the class of LPFM stations authorized to operate at a maximum
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  • E O F A P P L I C A T I O N FILE NUMBER STATE E/P 03/30/2009 Actions of: LOW POWER FM APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT DISMISSED , NORWOOD 95.7 MHZ E OH Low Power FM Mod of CP to chg Dismissed 3/30/2009 for proposing a non-universal time-sharing agreement, pursuant to 47 CFR Section 73.872(c)(4). OUR LADY OF THE HOLY SPIRIT CENTER NEW 131426 BMPL-20090319ACY OH LOW POWER FM APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY GRANTED , GEORGETOWN 95.1 MHZ E CA Low Power FM minor change in licensed facilities. AMERICAN RIVER FOLK SOCIETY KFOK-LP 124842 BPL-20090319AEU CA FM STATION APPLICATIONS FOR LICENSE TO COVER GRANTED , HEREFORD 90.9 MHZ E TX License
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  • primary benefit of the LPFM service. See id. at 21,922 ¶ 24. And, contrary to the NAB's suggestion, the presumption appears not to implicate the Commission's consideration of programming content as the Commission's reference to "locally originating programming," id. at 21,940 ¶ 68, refers under its rules to the geographic location of the production of programming, see 47 C.F.R. § 73.872(b)(3), not the substantive content of the programs. As there is no clear indication that the Commission will regulate content in applying the presumption, the challenge based on the Commission's regulation of content is unripe. Accordingly, we deny the petition in part and dismiss the petition in part. Case: 08-1117 Document: 01215798941 Page: 18
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  • (b) that fail to meet the Section 73.807 minimum distance separations with respect to all applications and facilities in existence as the date of the pertinent Public Notice in subsection (b), other than to LPFM station facilities proposed in applications filed in the same window, will be dismissed without any opportunity to amend such applications. * * * * Section 73.872 is modified as follows: § 73.872 Selection procedure for mutually exclusive application. *** Local program origination. The applicant must pledge to originate locally at least eight hours of programming per day. For purposes of this criterion, local origination is the production of programming, by the licensee, within ten miles of the coordinates of the proposed transmitting antenna. Section 73.877 is
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  • 73.807, Introductory Note ``For second-adjacent 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
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  • Matter of Creation of a Low Power Radio Service, 16 FCC Rcd 8029 (2001). See also 47 C.F.R. § 73.807(a)(1). See generally Review of Technical Parameters for FM Allocation Rules of Part 73, 2 FCC Rcd 5693 (1987). LPFM applicants proposing local program origination receive a preference in resolving LPFM application mutual exclusivities. Id. at 2259 and 47 C.F.R. § 73.872(b)(3). See Amendment of Part 74 of the FM Commission's Rules Concerning Translator Stations, 5 FCC Rcd 7212 (1990); see also 47 C.F.R. § 74.1204(a). It is incumbent upon the applicant to identify specifically any waivers necessary for grant of an application, showing the nature of the waiver or exception desired and setting forth the reasons in support thereof. Teton Broadcasting
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  • on Commerce, Science, and Transportation (July 23, 2002), available at http://www.fcc.gov/commissioners/copps/statements2003.html. See 47 U.S.C. § 334(b) (mid-term review for television broadcast stations); 47 C.F.R. § 73.2080(f)(2) (mid-term review for radio and television broadcast stations). See Creation of Low Power Radio Service, 15 FCC Rcd 2205 (1999). See id. at 2211 ¶ 13. See 47 C.F.R. § 73.853(b). See id. § 73.872(b)(1). Id. § 73.872(b)(3). See D.C. Appropriations - FY 2001, Pub. L. No. 106-553, § 632, 114 Stat. 2762, 2762-A-111 (2000). See Public Notice, ``Comment Sought on the Mitre Corporation's Technical Report, `Experimental Measurements of the Third-Adjacent-Channel Impacts of Low-Power FM Stations,''' DA 03-2277 (July 11, 2003). We have extended the comment deadline until October 14, 2003. See The Mitre Corporation's
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  • service, we have limited eligibility to local entities during the first two years that LPFM licenses are available. Based on the complete application record, we conclude that Citylight, Lighthouse, Assembleia, Sarah Beth, CCR, Goodwill, and WNEC are qualified to hold an LPFM station license. 4. Mutually exclusive LPFM applications are subject to the comparative selection procedures set forth in Section 73.872 of the Commission's rules. This procedure awards a maximum of three points based on three criteria deemed to be most relevant to predicting the applicant best qualified to provide the service for which LPFM spectrum has been allocated. Each applicant that certified that it has had an established community presence of at least two years' duration is awarded one point.
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  • local nature of LPFM service, we have limited eligibility to local entities during the first two years that LPFM licenses are available. Based on the complete application record, we conclude that New Life and Divine Mercy are qualified to hold an LPFM station license. 3. Mutually exclusive LPFM applications are subject to the comparative selection procedures set forth in Section 73.872 of the Commission's rules. This procedure awards a maximum of three points based on three criteria deemed to be most relevant to predicting the applicant best qualified to provide the service for which LPFM spectrum has been allocated. Each applicant that certified that it has had an established community presence of at least two years' duration is awarded one point.
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  • the local nature of LPFM service, we have limited eligibility to local entities during the first two years that LPFM licenses are available. Based on the complete application record, we conclude that St. John's and POG are qualified to hold an LPFM station license. 3. Mutually exclusive LPFM applications are subject to the comparative selection procedures set forth in Section 73.872 of the commission's rules. This procedure awards a maximum of three points based on three criteria deemed to be most relevant to predicting the applicant best qualified to provide the service for which LPFM spectrum has been allocated. Each applicant that certified that it has had an established community presence of at least two years' duration is awarded one point.
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  • foster the local nature of LPFM service, we have limited eligibility to local entities during the first two years that LPFM licenses are available. Based on the complete application record, we conclude that Menomonie and Stone Ridge are qualified to hold an LPFM station license. 3. Mutually exclusive LPFM applications are subject to the comparative procedures set forth in Section 73.872 of the Commission's rules. This procedure awards a maximum of three points based on three criteria deemed to be most relevant to predicting the applicant best qualified to provide the service for which LPFM spectrum has been allocated. Each applicant that certified that it has had an established community presence of at least two years' duration is awarded one point.
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  • local nature of LPFM service, we have limited eligibility to local entities during the first two years that LPFM licenses are available. Based on the complete application record, we conclude that La Crosse, LCCB, and OLL are qualified to hold an LPFM station license. 3. Mutually exclusive LPFM applications are subject to the comparative selection procedures set forth in Section 73.872 of the Commission's rules. This procedure awards a maximum of three points based on three criteria deemed to be most relevant to predicting the applicant best qualified to provide the service for which LPFM spectrum has been allocated. Each applicant that certified that it has had an established community presence of at least two years' duration is awarded one point.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-105A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-105A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-105A1.txt
  • foster the local nature of LPFM service, we have limited eligibility to local entities during the first two years that LPFM licenses are available. Based on the complete application record, we conclude that JHS and JEA are qualified to hold an LPFM station license. 3. Mutually exclusive LPFM applications are subject to the comparative selection procedures set forth in Section 73.872 of the commission's rules. This procedure awards a maximum of three points based on three criteria deemed to be most relevant to predicting the applicant best qualified to provide the service for which LPFM spectrum has been allocated. Each applicant that certified that it has had an established community presence of at least two years' duration is awarded one point.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-106A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-106A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-106A1.txt
  • local nature of LPFM service, we have limited eligibility to local entities during the first two years that LPFM licenses are available. Based on the complete application record, we conclude that GCT, Living Waters, and WCCR are qualified to hold an LPFM station license. 3. Mutually exclusive LPFM applications are subject to the comparative selection procedures set forth in Section 73.872 of the Commission's rules. This procedure awards a maximum of three points based on three criteria deemed to be most relevant to predicting the applicant best qualified to provide the service for which LPFM spectrum has been allocated. Each applicant that certified that it has had an established community presence of at least two years' duration is awarded one point.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-107A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-107A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-107A1.txt
  • of LPFM service, we have limited eligibility to local entities during the first two years that LPFM licenses are available. Based on the complete application record, we conclude that Brandon Calvary Chapel, Iglesia, Metropole, and FFI are qualified to hold an LPFM station license. 4. Mutually exclusive LPFM applications are subject to the comparative selection procedures set forth in Section 73.872 of the Commission's rules. This procedure awards a maximum of three points based on three criteria deemed to be most relevant to predicting the applicant best qualified to provide the service for which LPFM spectrum has been allocated. Each applicant that certified that it has had an established community presence of at least two years' duration is awarded one point.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-108A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-108A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-108A1.txt
  • of LPFM service, we have limited eligibility to local entities during the first two years that LPFM licenses are available. Based on the complete application record, we conclude that CCG, Faith Presbyterian, Civic Media, and UFSG are qualified to hold an LPFM station license. 7. Mutually exclusive LPFM applications are subject to the comparative selection procedures set forth in Section 73.872 of the Commission's rules. This procedure awards a maximum of three points based on three criteria deemed to be most relevant to predicting the applicant best qualified to provide the service for which LPFM spectrum has been allocated. Each applicant that certified that it has had an established community presence of at least two years' duration is awarded one point.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-109A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-109A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-109A1.txt
  • the local nature of LPFM service, we have limited eligibility to local entities during the first two years that LPFM licenses are available. Based on the complete application record, we conclude that Everglades, TBS, and RRI are qualified to hold an LPFM station license. 3. Mutually exclusive LPFM applications are subject to the comparative selection procedures set forth in Section 73.872 of the Commission's rules. This procedure awards a maximum of three points based on three criteria deemed to be most relevant to predicting the applicant best qualified to provide the service for which LPFM spectrum has been allocated. Each applicant that certified that it has had an established community presence of at least two years' duration is awarded one point.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-110A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-110A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-110A1.txt
  • LPFM service, we have limited eligibility to local entities during the first two years that LPFM licenses are available. Based on the complete application record, we conclude that Drake, Grand, Johnston, UCB, Torchlight, Hope and Heartland are qualified to hold an LPFM station license. 3. Mutually exclusive LPFM applications are subject to the comparative selection procedures set forth in Section 73.872 of the Commission's rules. This procedure awards a maximum of three points based on three criteria deemed to be most relevant to predicting the applicant best qualified to provide the service for which LPFM spectrum has been allocated. Each applicant that certified that it has had an established community presence of at least two years' duration is awarded one point.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-111A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-111A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-111A1.txt
  • foster the local nature of LPFM service, we have limited eligibility to local entities during the first two years that LPFM licenses are available. Based on the complete application record, we conclude that Templo and Trinity are qualified to hold an LPFM station license. 3. Mutually exclusive LPFM applications are subject to the comparative selection procedures set forth in Section 73.872 of the Commission's rules. This procedure awards a maximum of three points based on three criteria deemed to be most relevant to predicting the applicant best qualified to provide the service for which LPFM spectrum has been allocated. Each applicant that certified that it has had an established community presence of at least two years' duration is awarded one point.
• 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
  • foster the local nature of LPFM service, we have limited eligibility to local entities during the first two years that LPFM licenses are available. Based on the complete application record, we conclude that CCA and Produce are qualified to hold an LPFM station license. 5. Mutually exclusive LPFM applications are subject to the comparative selection procedures set forth in Section 73.872 of the commission's rules. This procedure awards a maximum of three points based on three criteria deemed to be most relevant to predicting the applicant best qualified to provide the service for which LPFM spectrum has been allocated. Each applicant that certified that it has had an established community presence of at least two years' duration is awarded one point.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-113A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-113A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-113A1.txt
  • foster the local nature of LPFM service, we have limited eligibility to local entities during the first two years that LPFM licenses are available. Based on the complete application record, we conclude that BBA and Heartland are qualified to hold an LPFM station license. 3. Mutually exclusive LPFM applications are subject to the comparative selection procedures set forth in Section 73.872 of the Commission's rules. This procedure awards a maximum of three points based on three criteria deemed to be most relevant to predicting the applicant best qualified to provide the service for which LPFM spectrum has been allocated. Each applicant that certified that it has had an established community presence of at least two years' duration is awarded one point.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-114A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-114A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-114A1.txt
  • the local nature of LPFM service, we have limited eligibility to local entities during the first two years that LPFM licenses are available. Based on the complete application record, we conclude that Billings and Sacred Heart are qualified to hold an LPFM station license. 3. Mutually exclusive LPFM applications are subject to the comparative selection procedures set forth in Section 73.872 of the commission's rules. This procedure awards a maximum of three points based on three criteria deemed to be most relevant to predicting the applicant best qualified to provide the service for which LPFM spectrum has been allocated. Each applicant that certified that it has had an established community presence of at least two years' duration is awarded one point.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-115A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-115A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-115A1.txt
  • the local nature of LPFM service, we have limited eligibility to local entities during the first two years that LPFM licenses are available. Based on the complete application record, we conclude that GSRI, Jefferson, and Ethics are qualified to hold an LPFM station license. 3. Mutually exclusive LPFM applications are subject to the comparative selection procedures set forth in Section 73.872 of the Commission's rules. This procedure awards a maximum of three points based on three criteria deemed to be most relevant to predicting the applicant best qualified to provide the service for which LPFM spectrum has been allocated. Each applicant that certified that it has had an established community presence of at least two years' duration is awarded one point.
• 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
  • MAP Ex Parte; Petition for Reconsideration of UCC-OC, et al., MM Docket No. 99-25 (filed Mar. 16, 2000) (``UCC 2000 Petition'') at 3-6. Report and Order, 15 FCC Rcd at 2222. Id. Id. at 2219-20. Reconsideration Order, 16 FCC Rcd at 19242. See also UCC 2000 Petition at 3-6. Report and Order, 15 FCC Rcd at 2258-60. 47 C.F.R. § 73.872(c). Id. UCC 2001 Petition at 4. Id. 47 C.F.R. § 73.872(d). Report and Order, 15 FCC Rcd at 2267. LPFM licenses are renewed for a term not to exceed eight years from the date of expiration of the preceding license, and competing applicants are not considered if the licensee meets the renewal standard of Section 309(k)(1) of the Act. Id.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-97A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-97A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-97A1.txt
  • the local nature of LPFM service, we have limited eligibility to local entities during the first two years that LPFM licenses are available. Based on the complete application record, we conclude that Pineros, CSC, and Iglesia are qualified to hold an LPFM station license. 3. Mutually exclusive LPFM applications are subject to the comparative selection procedures set forth in Section 73.872 of the commission's rules. This procedure awards a maximum of three points based on three criteria deemed to be most relevant to predicting the applicant best qualified to provide the service for which LPFM spectrum has been allocated. Each applicant that certified that it has had an established community presence of at least two years' duration is awarded one point.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-98A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-98A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-98A1.txt
  • foster the local nature of LPFM service, we have limited eligibility to local entities during the first two years that LPFM licenses are available. Based on the complete application record, we conclude that Miracle and Kingsmill are qualified to hold an LPFM station license. 3. Mutually exclusive LPFM applications are subject to the comparative selection procedures set forth in Section 73.872 of the commission's rules. This procedure awards a maximum of three points based on three criteria deemed to be most relevant to predicting the applicant best qualified to provide the service for which LPFM spectrum has been allocated. Each applicant that certified that it has had an established community presence of at least two years' duration is awarded one point.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-99A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-99A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-99A1.txt
  • local nature of LPFM service, we have limited eligibility to local entities during the first two years that LPFM licenses are available. Based on the complete application record, we conclude that The Villages and First Christian are qualified to hold an LPFM station license. 3. Mutually exclusive LPFM applications are subject to the comparative selection procedures set forth in Section 73.872 of the commission's rules. This procedure awards a maximum of three points based on three criteria deemed to be most relevant to predicting the applicant best qualified to provide the service for which LPFM spectrum has been allocated. Each applicant that certified that it has had an established community presence of at least two years' duration is awarded one point.
• 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
  • need adjustment in light of the experiences of LPFM applicants and licensees. The Commission also took into account comments made at a February 2005 forum on LPFM that had addressed ``achievements by LPFM stations and the challenges faced as the service mark[ed] its fifth year.'' The Second Order clarified that ``local program origination,'' as that term is used in Section 73.872(b)(2) of the Commission's Rules (the ``Rules''), does not include the airing of satellite-fed programming. The Second Order also modified slightly the definitions of ``minor change'' and ``minor amendment.'' In the accompanying FNPRM, the Commission sought comment on a number of issues with respect to LPFM ownership restrictions and eligibility. The Commission asked whether LPFM licenses should be assignable or transferable
• 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
  • 74.1231(b). FM translators are not permitted to originate programming themselves, except under limited circumstances. See 47 C.F.R. § 74.1231(g). LPFM stations, by contrast, often originate local programming, because the mechanism we use to resolve mutually exclusive LPFM applications awards a point to applicants that ``pledge to originate locally at least eight hours of programming per day.'' See 47 C.F.R. § 73.872(b)(3). Creation of Low Power Radio Service, Second Order on Reconsideration and Further Notice of Proposed Rulemaking, 20 FCC Rcd 6763 (2005) (``LPFM Second Order'' and ``LPFM FNPRM''). 47 C.F.R. § 73.872(b)(3). LPFM FNPRM, 20 FCC Rcd at 6770-73 ¶¶ 17-23. See 47 C.F.R. §§ 73.853(b) (restricting applicant pool to local applicants for the first two years after LPFM licenses are
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-34A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-34A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-34A1.txt
  • we have limited eligibility to local entities during the first two years that LPFM licenses are available. Based on the record before us, we conclude that Calvary Chapel, PBSOC and Heritage are each qualified to hold an LPFM station authorization. 3. Mutually exclusive LPFM applications filed by qualified applicants are subject to the comparative selection procedures set forth in Section 73.872 of the Commission's Rules. This procedure awards a maximum of three points, based on three criteria deemed to be most relevant to predicting the applicant that is best qualified to provide the service for which LPFM spectrum has been allocated, with the applicant with the highest points awarded named the tentative selectee: Each applicant that certified that it has had
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-35A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-35A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-35A1.txt
  • community presence because it did not submit documentation sufficient to support its claim for the point. In its Response, Sonido states that it ``has been very visible and active in the Collier County/Naples area for many years,'' and it submits a number of letters attesting to the involvement in the community of its principals, Mr. and Mrs. Pagán. 4. Section 73.872 of the Rules, entitled ``Selection Procedure for Mutually Exclusive LPFM Applications,'' provides, in pertinent part, that: [e]ach mutually exclusive application will be awarded one point for each of the following criteria, based on application certification that the qualifying conditions are met: (1) Established community presence. An applicant must, for a period of at least two years prior to application, have
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-36A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-36A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-36A1.txt
  • by a central organization and will not truly be serving the local community. 3. In its Opposition, WLR states that it described itself in the application as a ``non-stock, not-for-profit corporation organized under the laws of the state of Montana in 2001'' and that the form requires nothing further concerning the identification of corporate existence. Further, WLR states that Section 73.872 of the Commission's Rules (the ``Rules'') is silent as to any requirement that an applicant be in existence for at least two years prior to filing its application, and that there ``is no logical reason'' that the language in the LPFM Report and Order should not apply also to individuals. In this regard, WLR submits that community presence can only
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-37A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-37A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-37A1.txt
  • the similarity of language found in JBN's application and other applications. 3. In its Opposition, JBN states that it described itself in the application as a ``non-stock, not-for-profit corporation organized under the laws of the state of North Carolina in 2001'' and that the application form requires nothing further concerning the identification of corporate existence. Further, JBN states that Section 73.872 of the Rules is silent as to any requirement that a LPFM applicant be in existence for at least two years prior to filing its application in order to claim a comparative point for established community presence. JBN also argues that WTL's contention that there is some unspecified real party in interest to its application is unsupported by any extrinsic
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-38A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-38A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-38A1.txt
  • applications of Calvary Chapel Lake City (``Lake City'') for a new Low Power FM (``LPFM'') station at Lake City (Coeur d'Alene), Idaho and Hayden Christian Broadcasting Corporation (``Hayden'') for a new LPFM station at Hayden, Idaho. The Hayden and Lake City applications were accepted for filing, and each applicant claimed two points under the selection procedure set forth in Section 73.872 of the Commission's Rules (the ``Rules''). In accordance with our procedures, the staff tallied the comparative point totals claimed by each applicant and listed those point totals in a Public Notice accepting the applications for filing, establishing a petition to deny period, and specifying the applications' tentative selectee status. Therein, both were designated tentative selectees for the subject authorization. The
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-39A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-39A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-39A1.txt
  • of LPFM service, we have limited eligibility to local entities during the first two years that LPFM licenses are available. Based on the record before us, we conclude that WTL and Beaupre are each qualified to hold an LPFM authorization. 9. Mutually exclusive LPFM applications filed by qualified applicants are subject to the comparative selection procedures set forth in Section 73.872 of the Rules. This procedure awards a maximum of three points based on three criteria deemed to be most relevant to predicting the applicant best qualified to provide the service for which LPFM spectrum has been allocated, with the applicant with the highest points awarded named the tentative selectee: Each applicant that certified that it has had an established community
• 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
  • LPFM licensee, MKWS, in its response, did not even address the issue. Thus, we find that MKWS does not meet the basic eligibility requirement that it be a nonprofit educational organization pursuant to Section 73.852(a). Accordingly, its application must be dismissed as having been inadvertently accepted for filing. 7. With regard to Dennison, Calvary Chapel, Christian Hits, and UUF, Section 73.872 of the Commission's Rules (the ``Rules''), entitled ``Selection Procedure for Mutually Exclusive LPFM Applications,'' provides, in pertinent part, that: [e]ach mutually exclusive application will be awarded one point for each of the following criteria, based on application certification that the qualifying conditions are met: (1) Established community presence. An applicant must, for a period of at least two years prior
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-41A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-41A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-41A1.txt
  • the extent indicated, grant the OND application, and dismiss the ACL application. II. DISCUSSION 2. OND and ACL filed mutually exclusive applications for a construction permit to build a new LPFM station in Anchorage, Alaska. The ACL and OND applications were accepted for filing and each applicant was tentatively awarded three points under the selection procedure set forth in Section 73.872 of the Commission's Rules (the ``Rules''). OND timely filed its Petition; because WTL submitted its Objection after the petition period, its untimely pleading will be considered as an informal objection under Section 73.3587 of the Rules. 3. OND Petition to Deny. We have evaluated the merits of OND's Petition and ACL's Opposition, and conclude that ACL is not entitled to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-50A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-50A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-50A1.txt
  • how its proposed station will be used to advance educational purposes. We find that both applicants have demonstrated that they are nonprofit educational organizations, with distinct educational objectives, and that they will use their stations' programming to further those objectives. Accordingly, Casa and Ephese are each eligible to hold an LPFM authorization. 10. With regard to BSR's remaining claims, Section 73.872 of the Rules, entitled ``Selection Procedure for Mutually Exclusive LPFM Applications,'' provides, in pertinent part, that: [e]ach mutually exclusive application will be awarded one point for each of the following criteria, based on application certification that the qualifying conditions are met: (1) Established community presence. An applicant must, for a period of at least two years prior to application, have
• 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
  • are intended to better ensure that we award LPFM licenses to those organizations most capable of serving the very localized communities and underrepresented groups the LPFM service was designed to serve, and to improve the efficiency of the selection process. Point System Established Community Presence Currently, under the LPFM selection procedures for mutually exclusive LPFM applications set forth in Section 73.872 of the rules, the Commission awards one point to an applicant that has an established community presence. The Commission deems an applicant to have such a presence if, for at least two years prior to application filing, the applicant has been headquartered, has maintained a campus or has had three-quarters of its board members residing within ten miles of the
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00349.pdf
  • (b) that fail to meet the Section 73.807 minimum distance separations with respect to all applications and facilities in existence as the date of the pertinent Public Notice in subsection (b), other than to LPFM station facilities proposed in applications filed in the same window, will be dismissed without any opportunity to amend such applications. * * * * Section 73.872 is modified as follows: § 73.872 Selection procedure for mutually exclusive application. *** (3) Local program origination. The applicant must pledge to originate locally at least eight hours of programming per day. For purposes of this criterion, local origination is the production of programming, by the licensee, within ten miles of the coordinates of the proposed transmitting antenna. Section 73.877
• 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
  • 73.807, Introductory Note ``For second-adjacent 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
• http://transition.fcc.gov/fcc-bin/audio/FCC-12-28A1.doc http://transition.fcc.gov/fcc-bin/audio/FCC-12-28A1.pdf
  • are intended to better ensure that we award LPFM licenses to those organizations most capable of serving the very localized communities and underrepresented groups the LPFM service was designed to serve, and to improve the efficiency of the selection process. Point System Established Community Presence Currently, under the LPFM selection procedures for mutually exclusive LPFM applications set forth in Section 73.872 of the rules, the Commission awards one point to an applicant that has an established community presence. The Commission deems an applicant to have such a presence if, for at least two years prior to application filing, the applicant has been headquartered, has maintained a campus or has had three-quarters of its board members residing within ten miles of the
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • 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 Signal retransmission. [436]TEXT [437]PDF 73.881 Equal employment opportunities. Subpart
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fc00019a.doc
  • the technical rules set forth elsewhere in this part or the terms of the station authorization, broadcast operation must be terminated within three hours. 19. A new Section 73.850 is added, as follows: § 73.850 Operating schedule. (a) All LPFM stations will be licensed for unlimited time operation, except those stations operating under a time sharing agreement pursuant to Section 73.872 of this subpart. (b) All LPFM stations are required to operate at least 36 hours per week, consisting of at least 5 hours of operation per day on at least 6 days of the week; however, stations licensed to educational institutions are not required to operate on Saturday or Sunday or to observe the minimum operating requirements during those days
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00349.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00349.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00349.txt
  • (b) that fail to meet the Section 73.807 minimum distance separations with respect to all applications and facilities in existence as the date of the pertinent Public Notice in subsection (b), other than to LPFM station facilities proposed in applications filed in the same window, will be dismissed without any opportunity to amend such applications. * * * * Section 73.872 is modified as follows: § 73.872 Selection procedure for mutually exclusive application. *** Local program origination. The applicant must pledge to originate locally at least eight hours of programming per day. For purposes of this criterion, local origination is the production of programming, by the licensee, within ten miles of the coordinates of the proposed transmitting antenna. Section 73.877 is
• 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
  • 73.807, Introductory Note ``For second-adjacent 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
• http://www.fcc.gov/Forms/Form318/318.pdf
  • may claim the point(s) for which they qualify by certifying "Yes" in response to the question and, in connection with Question 1 only, by submitting the documentation set forth below. The applicant with the highest point total in its mutually exclusive group will be the tentative selectee, unless the mutual exclusivity is resolved by settlement pursuant to 47 C.F.R. Section 73.872(e). For more information see 47 C.F.R. Section 73.872; Creation of a Low Power Radio Service, Report and Order in MM Docket No. 99-25, FCC 00-19, at ¶¶ 139-151 (released January 27, 2000). B. Question 1: Established Community Presence. To qualify for a point under this criterion, the applicant must have an established community presence of at least two years' duration
• http://www.fcc.gov/Forms/Form319/319Fill.pdf
  • line with a different type of transmission line or a transmission line of a different length which requires a change in the transmitter power output to maintain the licensed effective radiated power. See 47 C.F.R. Section 73.875(c)(2). To change the hours of operation of a station authorized to operate pursuant to a time-share agreement in accordance with 47 C.F.R. Section 73.872. See 47 C.F.R. Section 73.875(c)(3). To amend a pending license application. As ordered by the Commission or its staff. The form may not be used: To change location of the tower structure. Any such relocation requires the prior filing and approval of FCC Form 318. See 47 C.F.R. Section 73.875(b). To increase the antenna radiation center height by more than
• http://www.fcc.gov/fcc-bin/audio/DA-06-319A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-319A1.pdf
  • shall operate the station each day between the hours of 6:00 pm and 6:00 am local time. HCS shall operate the station each day between the hours of 6:00 am and 6:00 pm local time. We conclude that the acceptance of HCS' and WORC's voluntary time-share agreement, which also aggregates their points, and fully complies with the requirements of Section 73.872, would serve the public interest, convenience and necessity. The terms of this time-share agreement will also be made part of the authorization issued to each of these applicants. Conclusion. Accordingly, IT IS ORDERED that the April 12, 2004, Petition to Deny filed by Hillsboro Hope Radio, Inc., against the application of Heritage Christian School IS DENIED, and all related pleadings
• http://www.fcc.gov/fcc-bin/audio/DA-07-450A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-450A1.pdf
  • Ashbacker doctrine, the staff will provide an opportunity for any other prospective applicants to file competing applications that also meet the requirements set forth above. To the extent mutually exclusive applications are timely filed, the licensing action for the new Kilgore, Texas, LPFM station will be completed in accordance with our LPFM point system selection procedures, as specified in Section 73.872 of the Commission's Rules. Accordingly, IT IS ORDERED, that the informal objections filed by the informal objectors ARE DENIED, and that the application to assign the license of station KTPB(FM), Kilgore, Texas (File No. BALED-20060518ACO) from Kilgore Junior College to Educational Media Foundation IS GRANTED. Within 90 days of the date of this letter, any current KTPB(FM) listener may file
• http://www.fcc.gov/fcc-bin/audio/DA-08-2309A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-2309A1.pdf
  • 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 Public Notice, Closed Groups of Pending Low Power FM Mutually Exclusive Applications Accepted for Filing, DA 04-679, (rel. Mar. 12, 2004). See 47 C.F.R. § 73.872, which provides in pertinent part that: (a) Following the close of each window for new LPFM stations . . . the Commission will issue a public notice identifying all groups of mutually exclusive applications. Such applications will be awarded points to determine the tentative selectee. . . . [T]he tentative selectee will be the applicant within each group with the
• http://www.fcc.gov/fcc-bin/audio/DA-08-2509A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-2509A1.pdf
  • Statement. In its Petition, RNR argues that ICOP is not entitled to a grant of its application because it has failed to demonstrate that it is eligible to own and operate an LPFM station. In its Petition, NBCR argues that ICOP is not entitled to a point for ``established community presence'' because it has not met the requirements of Section 73.872 (b)(1) as well as alleging that the ICOP application was filed by and ``individual'' rather than an NCE organization, pursuant to Section 73.853(a) of the Commission's Rules. In its Petition, RNR argues that Samoan is not entitled to a grant of its application because it has failed to demonstrate that it is eligible to own and operate an LPFM station
• http://www.fcc.gov/fcc-bin/audio/DA-10-1725A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-1725A1.pdf
  • Petition for Reconsideration (``Petition'') filed on June 1, 2010, by Simply Living, licensee of low-power FM (``LPFM'') Station WCRS-LP, Columbus, Ohio. Simply Living requests reconsideration of the May 3, 2010, letter reissuing Simply Living's license for WCRS-LP with hours of operation from 3:00 p.m.-8:00 p.m. daily. In the Petition, Simply Living also requests a waiver of the requirement in Section 73.872(c)(2) and (3) of the Commission's Rules (the ``Rules'') that any modification to a time-share agreement requires the written approval of all parties to the agreement (``Waiver Request''). Finally, it asks that the Commission conduct an arbitration to resolve the disagreements between Bexley and Simply Living regarding the hours of operation for WCRS-LP and WCRX-LP. For the reasons set forth below,
• http://www.fcc.gov/fcc-bin/audio/DA-10-2108A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-2108A1.pdf
  • stations in the areas of Columbus and Groveport, Ohio. Four of the five applicants received construction permits; only Bexley and Simply Living constructed facilities and were granted covering licenses. Simply Living now seeks to assign the Station License to TNN. The Petition raises three arguments: (1) TNN has not made any arrangements on sharing time with Bexley, and therefore, Section 73.872(c) bars the assignment of the Station License to TNN; (2) grant of the Assignment Application would violate the Time Share 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
• http://www.fcc.gov/fcc-bin/audio/DA-10-763A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-763A1.pdf
  • and Groveport filed applications to assign their construction permits and, therefore, operating hours, to Simply Living. At the request of the applicants, the Commission dismissed the applications. Notwithstanding such dismissal, the Commission reissued Simply Living's license to include the operating hours allocated to Refugee Services and Groveport under the Time Share Agreement. Bexley argues that the Reissuance violated both Sections 73.872(c)(2) and (3) of the Commission Rules (``Rules'') and the Time Share Agreement because Simply Living failed to obtain the written consent of each party to the Time Share Agreement before modifying its operating hours. Accordingly, Bexley asks that the Commission ``restore the status quo'' by informing Simply Living that its operating hours are as stated in the Time Share Agreement
• http://www.fcc.gov/fcc-bin/audio/DA-11-1113A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1113A1.pdf
  • filing, establishing a petition to deny period, and designated Zion, Casa, Ephese, BSR and PCR as tentative selectees. BSR filed separate petitions to deny the PCR, Casa, and Ephese applications on March 30, 2005. On April 25, 2005, Casa, Ephese and Zion amended their respective applications to report that they had entered into a voluntary time-share agreement pursuant to Section 73.872 of the Commission's Rules (the ``Rules''). BSR then filed an ``Objection to Share-Time Agreement and Point Aggregation'' of Casa, Ephese, and Zion on May 9, 2005, and a ``Supplement'' to its Objection to the time-share agreement on October 11, 2007, in which it argued that Zion had contracted to sell its campus and move the entire institution to a location
• http://www.fcc.gov/fcc-bin/audio/DA-12-2A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-2A1.pdf
  • 73.810. See Appendix A.1. 47 C.F.R. § 73.855 (allowing not-for-profit organizations and governmental entities with a public safety purpose to own multiple LPFM licenses if one of the multiple licenses is submitted as a priority application and the remaining non-priority applications do not face a mutually exclusive challenge). 47 C.F.R. § 73.3555(a)(1). 47 C.F.R. § 73.3555(c), (e). 47 C.F.R. § 73.872(b)(3). Creation of Low Power Radio Service, Report and Order, 15 FCC Rcd 2205, 2208, ¶¶ 3, 4 (2000) (``LPFM Order''). Id. at 2211-12, ¶¶ 13-14; see also 47 C.F.R. § 73.811. No stations currently exist in the LP10 class. The Commission has not opened an application filing window for the class of LPFM stations authorized to operate at a maximum
• http://www.fcc.gov/fcc-bin/audio/FCC-03-66A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-66A1.pdf
  • Matter of Creation of a Low Power Radio Service, 16 FCC Rcd 8029 (2001). See also 47 C.F.R. § 73.807(a)(1). See generally Review of Technical Parameters for FM Allocation Rules of Part 73, 2 FCC Rcd 5693 (1987). LPFM applicants proposing local program origination receive a preference in resolving LPFM application mutual exclusivities. Id. at 2259 and 47 C.F.R. § 73.872(b)(3). See Amendment of Part 74 of the FM Commission's Rules Concerning Translator Stations, 5 FCC Rcd 7212 (1990); see also 47 C.F.R. § 74.1204(a). It is incumbent upon the applicant to identify specifically any waivers necessary for grant of an application, showing the nature of the waiver or exception desired and setting forth the reasons in support thereof. Teton Broadcasting
• http://www.fcc.gov/fcc-bin/audio/FCC-07-204A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-07-204A1.pdf
  • need adjustment in light of the experiences of LPFM applicants and licensees. The Commission also took into account comments made at a February 2005 forum on LPFM that had addressed ``achievements by LPFM stations and the challenges faced as the service mark[ed] its fifth year.'' The Second Order clarified that ``local program origination,'' as that term is used in Section 73.872(b)(2) of the Commission's Rules (the ``Rules''), does not include the airing of satellite-fed programming. The Second Order also modified slightly the definitions of ``minor change'' and ``minor amendment.'' In the accompanying FNPRM, the Commission sought comment on a number of issues with respect to LPFM ownership restrictions and eligibility. The Commission asked whether LPFM licenses should be assignable or transferable
• http://www.fcc.gov/fcc-bin/audio/FCC-08-34A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-34A1.pdf
  • we have limited eligibility to local entities during the first two years that LPFM licenses are available. Based on the record before us, we conclude that Calvary Chapel, PBSOC and Heritage are each qualified to hold an LPFM station authorization. 3. Mutually exclusive LPFM applications filed by qualified applicants are subject to the comparative selection procedures set forth in Section 73.872 of the Commission's Rules. This procedure awards a maximum of three points, based on three criteria deemed to be most relevant to predicting the applicant that is best qualified to provide the service for which LPFM spectrum has been allocated, with the applicant with the highest points awarded named the tentative selectee: Each applicant that certified that it has had
• http://www.fcc.gov/fcc-bin/audio/FCC-08-35A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-35A1.pdf
  • community presence because it did not submit documentation sufficient to support its claim for the point. In its Response, Sonido states that it ``has been very visible and active in the Collier County/Naples area for many years,'' and it submits a number of letters attesting to the involvement in the community of its principals, Mr. and Mrs. Pagán. 4. Section 73.872 of the Rules, entitled ``Selection Procedure for Mutually Exclusive LPFM Applications,'' provides, in pertinent part, that: [e]ach mutually exclusive application will be awarded one point for each of the following criteria, based on application certification that the qualifying conditions are met: (1) Established community presence. An applicant must, for a period of at least two years prior to application, have
• http://www.fcc.gov/fcc-bin/audio/FCC-08-36A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-36A1.pdf
  • by a central organization and will not truly be serving the local community. 3. In its Opposition, WLR states that it described itself in the application as a ``non-stock, not-for-profit corporation organized under the laws of the state of Montana in 2001'' and that the form requires nothing further concerning the identification of corporate existence. Further, WLR states that Section 73.872 of the Commission's Rules (the ``Rules'') is silent as to any requirement that an applicant be in existence for at least two years prior to filing its application, and that there ``is no logical reason'' that the language in the LPFM Report and Order should not apply also to individuals. In this regard, WLR submits that community presence can only
• http://www.fcc.gov/fcc-bin/audio/FCC-08-37A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-37A1.pdf
  • the similarity of language found in JBN's application and other applications. 3. In its Opposition, JBN states that it described itself in the application as a ``non-stock, not-for-profit corporation organized under the laws of the state of North Carolina in 2001'' and that the application form requires nothing further concerning the identification of corporate existence. Further, JBN states that Section 73.872 of the Rules is silent as to any requirement that a LPFM applicant be in existence for at least two years prior to filing its application in order to claim a comparative point for established community presence. JBN also argues that WTL's contention that there is some unspecified real party in interest to its application is unsupported by any extrinsic
• http://www.fcc.gov/fcc-bin/audio/FCC-08-38A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-38A1.pdf
  • applications of Calvary Chapel Lake City (``Lake City'') for a new Low Power FM (``LPFM'') station at Lake City (Coeur d'Alene), Idaho and Hayden Christian Broadcasting Corporation (``Hayden'') for a new LPFM station at Hayden, Idaho. The Hayden and Lake City applications were accepted for filing, and each applicant claimed two points under the selection procedure set forth in Section 73.872 of the Commission's Rules (the ``Rules''). In accordance with our procedures, the staff tallied the comparative point totals claimed by each applicant and listed those point totals in a Public Notice accepting the applications for filing, establishing a petition to deny period, and specifying the applications' tentative selectee status. Therein, both were designated tentative selectees for the subject authorization. The
• http://www.fcc.gov/fcc-bin/audio/FCC-08-39A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-39A1.pdf
  • of LPFM service, we have limited eligibility to local entities during the first two years that LPFM licenses are available. Based on the record before us, we conclude that WTL and Beaupre are each qualified to hold an LPFM authorization. 9. Mutually exclusive LPFM applications filed by qualified applicants are subject to the comparative selection procedures set forth in Section 73.872 of the Rules. This procedure awards a maximum of three points based on three criteria deemed to be most relevant to predicting the applicant best qualified to provide the service for which LPFM spectrum has been allocated, with the applicant with the highest points awarded named the tentative selectee: Each applicant that certified that it has had an established community
• http://www.fcc.gov/fcc-bin/audio/FCC-08-40A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-40A1.pdf
  • LPFM licensee, MKWS, in its response, did not even address the issue. Thus, we find that MKWS does not meet the basic eligibility requirement that it be a nonprofit educational organization pursuant to Section 73.852(a). Accordingly, its application must be dismissed as having been inadvertently accepted for filing. 7. With regard to Dennison, Calvary Chapel, Christian Hits, and UUF, Section 73.872 of the Commission's Rules (the ``Rules''), entitled ``Selection Procedure for Mutually Exclusive LPFM Applications,'' provides, in pertinent part, that: [e]ach mutually exclusive application will be awarded one point for each of the following criteria, based on application certification that the qualifying conditions are met: (1) Established community presence. An applicant must, for a period of at least two years prior
• http://www.fcc.gov/fcc-bin/audio/FCC-08-41A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-41A1.pdf
  • the extent indicated, grant the OND application, and dismiss the ACL application. II. DISCUSSION 2. OND and ACL filed mutually exclusive applications for a construction permit to build a new LPFM station in Anchorage, Alaska. The ACL and OND applications were accepted for filing and each applicant was tentatively awarded three points under the selection procedure set forth in Section 73.872 of the Commission's Rules (the ``Rules''). OND timely filed its Petition; because WTL submitted its Objection after the petition period, its untimely pleading will be considered as an informal objection under Section 73.3587 of the Rules. 3. OND Petition to Deny. We have evaluated the merits of OND's Petition and ACL's Opposition, and conclude that ACL is not entitled to
• http://www.fcc.gov/fcc-bin/audio/FCC-08-50A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-50A1.pdf
  • how its proposed station will be used to advance educational purposes. We find that both applicants have demonstrated that they are nonprofit educational organizations, with distinct educational objectives, and that they will use their stations' programming to further those objectives. Accordingly, Casa and Ephese are each eligible to hold an LPFM authorization. 10. With regard to BSR's remaining claims, Section 73.872 of the Rules, entitled ``Selection Procedure for Mutually Exclusive LPFM Applications,'' provides, in pertinent part, that: [e]ach mutually exclusive application will be awarded one point for each of the following criteria, based on application certification that the qualifying conditions are met: (1) Established community presence. An applicant must, for a period of at least two years prior to application, have
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • 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 Signal retransmission. [436]TEXT [437]PDF 73.881 Equal employment opportunities. Subpart
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • 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 Signal retransmission. [389]TEXT [390]PDF 73.881 Equal employment opportunities. Subpart
• http://www.fcc.gov/mb/peer_review/prlpfm_rpt_economic_study.pdf
  • of an LPFM station will be less than 100 watts if its antenna height is above the reference height of 30 meters (~100 feet). In effect, restrictions on power and antenna height limit the range of LPFM stations to 3.5 miles (5.6 km). 7Creation of Low Power RadioService, Report and Order, 15 FCC Rcd 2205,2258-64, ¶¶ 136-51 (2000); see47 C.F.R. §73.872. In total, there have been 693 mutually exclusive applications for 236 groups (i.e., available LPFM licenses in a particular location). The number of mutually exclusive applications in each group ranged from two to 15. A total of 178 LPFM licenses were obtained from the mutually exclusive application process, while the remaining licenses were obtained without competition from other applications. Federal