§  73.810   Third adjacent channel complaint and license modification
procedure.

   (a) An LPFM station is required to provide copies of all complaints
   alleging that the signal of such LPFM station is interfering with or
   impairing the reception of the signal of a full power station to such
   affected full power station.

   (b) A full power station shall review all complaints it receives,
   either directly or indirectly, from listeners regarding alleged
   interference caused by the operations of an LPFM station. Such full
   power station shall also identify those that qualify as bona fide
   complaints under this section and promptly provide such LPFM station
   with copies of all bona fide complaints. A bona fide complaint:

   (1) Is a complaint alleging third adjacent channel interference caused
   by an LPFM station that has its transmitter site located within the
   predicted 60 dBu contour of the affected full power station as such
   contour existed as of the date the LPFM station construction permit was
   granted;

   (2) Must be in the form of an affidavit, and state the nature and
   location of the alleged interference;

   (3) Must involve a fixed receiver located within the 60 dBu contour of
   the affected full power station and not more than one kilometer from
   the LPFM transmitter site; and

   (4) Must be received by either the LPFM or full power station within
   one year of the date on which the LPFM station commenced broadcasts
   with its currently authorized facilities.

   (c) An LPFM station will be given a reasonable opportunity to resolve
   all interference complaints. A complaint will be considered resolved
   where the complainant does not reasonably cooperate with an LPFM
   station's remedial efforts.

   (d) In the event that the number of unresolved complaints plus the
   number of complaints for which the source of interference remains in
   dispute equals at least one percent of the households within one
   kilometer of the LPFM transmitter site or thirty households, whichever
   is less, the LPFM and full power stations must cooperate in an “on-off”
   test to determine whether the interference is traceable to the LPFM
   station.

   (e) If the number of unresolved and disputed complaints exceeds the
   numeric threshold specified in subsection (d) following an “on-off”
   test, the full power station may request that the Commission initiate a
   proceeding to consider whether the LPFM station license should be
   modified or cancelled, which will be completed by the Commission within
   90 days. Parties may seek extensions of the 90 day deadline consistent
   with Commission rules.

   (f) An LPFM station may stay any procedures initiated pursuant to
   paragraph (e) of this section by voluntarily ceasing operations and
   filing an application for facility modification within twenty days of
   the commencement of such procedures.

   [ 65 FR 67302 , Nov. 9, 2000;  65 FR 69458 , Nov. 17, 2000]