§  73.870   Processing of LPFM broadcast station applications.

   Link to an amendment published at  85 FR 35574 , June 11, 2020.

   (a) A minor change for an LPFM station authorized under this subpart is
   limited to transmitter site relocations of 5.6 kilometers or less.
   These distance limitations do not apply to amendments or applications
   proposing transmitter site relocation to a common location filed by
   applicants that are parties to a voluntary time-sharing agreement with
   regard to their stations pursuant to § 73.872 paragraphs (c) and (e).
   These distance limitations also do not apply to an amendment or
   application proposing transmitter site relocation to a common location
   or a location very close to another station operating on a
   third-adjacent channel in order to remediate interference to the other
   station; provided, however, that the proposed relocation is consistent
   with all localism certifications made by the applicant in its original
   application for the LPFM station. Minor changes of LPFM stations may
   include:

   (1) Changes in frequency to adjacent or IF 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.

   (b) The Commission will specify by Public Notice a window filing period
   for applications for new LPFM stations and major modifications in the
   facilities of authorized LPFM stations. LPFM applications for new
   facilities and for major modifications in authorized LPFM stations will
   be accepted only during the appropriate window. Applications submitted
   prior to the window opening date identified in the Public Notice will
   be returned as premature. Applications submitted after the deadline
   will be dismissed with prejudice as untimely.

   (c) Applications subject to paragraph (b) of this section that fail to
   meet the § 73.807 minimum distance separations with respect to all
   applications and facilities in existence as the date of the pertinent
   public notice in paragraph (b) of this section other than to LPFM
   station facilities proposed in applications filed in the same window,
   will be dismissed without any opportunity to amend such applications.

   (d) Following the close of the window, the Commission will issue a
   Public Notice of acceptance for filing of applications submitted
   pursuant to paragraph (b) of this section that meet technical and legal
   requirements and that are not in conflict with any other application
   filed during the window. Following the close of the window, the
   Commission also will issue a Public Notice of the acceptance for filing
   of all applications tentatively selected pursuant to the procedures for
   mutually exclusive LPFM applications set forth at § 73.872. Petitions to
   deny such applications may be filed within 30 days of such public
   notice and in accordance with the procedures set forth at § 73.3584. A
   copy of any petition to deny must be served on the applicant.

   (e) Minor change LPFM applications may be filed at any time, unless
   restricted by the staff, and generally, will be processed in the order
   in which they are tendered. Such applications must meet all technical
   and legal requirements applicable to new LPFM station applications.

   (f) New entrants seeking to apply for unused or unwanted time on a
   time-sharing frequency will only be accepted during an open filing
   window, specified pursuant to paragraph (b) of this section.

   [ 65 FR 7640 , Feb. 15, 2000, as amended at  65 FR 67304 , Nov. 9, 2000;  70 FR 39186 , July 7, 2005;  73 FR 3217 , Jan. 17, 2008;  78 FR 2108 , Jan. 9,
   2013]