§  73.853   Licensing requirements and service.

   (a) An LPFM station may be licensed only to:

   (1) Nonprofit educational organizations and upon a showing that the
   proposed station will be used for the advancement of an educational
   program; and

   (2) State and local governments and non-government entities that will
   provide non-commercial public safety radio services.

   (3) Tribal Applicants, as defined in paragraph (c) of this section that
   will provide non-commercial radio services.

   (b) Only local organizations will be permitted to submit applications
   and to hold authorizations in the LPFM service. For the purposes of
   this paragraph, an organization will be deemed local if it can certify,
   at the time of application, that it meets the criteria listed below and
   if it continues to satisfy the criteria at all times thereafter.

   (1) The applicant, its local chapter or branch is physically
   headquartered or has a campus within 16.1 km (10 miles) of the proposed
   site for the transmitting antenna for applicants in the top 50 urban
   markets, and 32.1 km (20 miles) for applicants outside of the top 50
   urban markets;

   (2) It has 75% of its board members residing within 16.1 km (10 miles)
   of the proposed site for the transmitting antenna for applicants in the
   top 50 urban markets, and 32.1 km (20 miles) for applicants outside of
   the top 50 urban markets; or

   (3) In the case of any applicant proposing a public safety radio
   service, the applicant has jurisdiction within the service area of the
   proposed LPFM station.

   (4) In the case of a Tribal Applicant, as defined in paragraph (c) of
   this section, the Tribal Applicant's Tribal lands, as that term is
   defined in § 73.7000, are within the service area of the proposed LPFM
   station.

   (c) A Tribal Applicant is a Tribe or an entity that is 51 percent or
   more owned or controlled by a Tribe or Tribes. For these purposes,
   Tribe is defined as set forth in § 73.7000.

   [ 65 FR 7640 , Feb. 15, 2000, as amended at  73 FR 3216 , Jan. 17, 2008;  78 FR 2107 , Jan. 9, 2013]