Goto Section: 73.871 | 73.873 | Table of Contents
Revised as of December 4, 2012
Goto Year:2011 |
§ 73.872 Selection procedure for mutually exclusive LPFM applications.
(a) Following the close of each window for new LPFM stations and for
modifications in the facilities of authorized 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. Unless resolved by
settlement pursuant to paragraph (e) of this section, the tentative
selectee will be the applicant within each group with the highest point
total under the procedure set forth in this section, except as provided
in paragraphs (c) and (d) of this section .
(b) Each 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 been physically
headquartered, have had a campus, or have had seventy-five percent of
its board members residing within 10 miles of the coordinates of the
proposed transmitting antenna. Applicants claiming a point for this
criterion must submit the documentation set forth in the application
form at the time of filing their applications.
(2) Proposed operating hours. The applicant must pledge to operate at
least 12 hours per day.
(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
(c) Voluntary time-sharing. If mutually exclusive applications have the
same point total, any two or more of the tied applicants may propose to
share use of the frequency by submitting, within 90 days of the release
of a public notice announcing the tie, a time-share proposal. Such
proposals shall be treated as minor amendments to the time-share
proponents' applications, and shall become part of the terms of the
station authorization. Where such proposals include all of the tied
applications, all of the tied applications will be treated as tentative
selectees; otherwise, time-share proponents' points will be aggregated
to determine the tentative selectees.
(1) Time-share proposals shall be in writing and signed by each
time-share proponent, and shall satisfy the following requirements:
(i) The proposal must specify the proposed hours of operation of each
(ii) The proposal must not include simultaneous operation of the
time-share proponents; and
(iii) Each time-share proponent must propose to operate for at least 10
hours per week.
(2) Where a station is authorized 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 permittee or
licensee and complying with requirements in paragraphs (c)(1)(i)
through (iii) of this section is filed with the Commission, Attention:
Audio Division, Media Bureau, prior to the date of the change.
(3) Where a station is authorized pursuant to a voluntary time-sharing
proposal, the parties to the time-sharing agreement may apportion among
themselves any air time that, for any reason, becomes vacant.
(4) Successive license terms granted under paragraph (d) may be
converted into voluntary time-sharing arrangements renewable pursuant
to § 73.3539 by submitting a universal time-sharing proposal.
(d) Successive license terms. (1) If a tie among mutually exclusive
applications is not resolved through voluntary time-sharing in
accordance with paragraph (c) of this section, the tied applications
will be reviewed for acceptability and applicants with tied, grantable
applications will be eligible for equal, successive, non-renewable
license terms of no less than one year each for a total combined term
of eight years, in accordance with § 73.873. Eligible applications will
be granted simultaneously, and the sequence of the applicants' license
terms will be determined by the sequence in which they file
applications for licenses to cover their construction permits based on
the day of filing, except that eligible applicants proposing same-site
facilities will be required, within 30 days of written notification by
the Commission staff, to submit a written settlement agreement as to
construction and license term sequence. Failure to submit such an
agreement will result in the dismissal of the applications proposing
same-site facilities and the grant of the remaining, eligible
(2) Groups of more than eight tied, grantable applications will not be
eligible for successive license terms under this section. Where such
groups exist, the staff will dismiss all but the applications of the
eight entities with the longest established community presences, as
provided in paragraph (b)(1) of this section. If more than eight tied,
grantable applications remain, the applicants must submit, within 30
days of written notification by the Commission staff, a written
settlement agreement limiting the group to eight. Failure to do so will
result in dismissal of the entire application group.
(3) If successive license terms granted under this section are
converted into universal voluntary time-sharing arrangements pursuant
to paragraph (c)(4) of this section, the permit or license is renewable
pursuant to § § 73.801 and 73.3539.
(e) Mutually exclusive applicants may propose a settlement at any time
during the selection process after the release of a public notice
announcing the mutually exclusive groups. Settlement proposals must
include all of the applicants in a group and must comply with the
Commission's rules and policies regarding settlements, including the
requirements of § § 73.3525, 73.3588, and 73.3589. Settlement proposals
may include time-share agreements that comply with the requirements of
paragraph (c) of this section, provided that such agreements may not be
filed for the purpose of point aggregation outside of the 90 day period
set forth in paragraph (c) of this section.
[ 65 FR 7640 , Feb.15, 2000, as amended at 65 FR 67304 , Nov. 9, 2000; 67 FR 13232 , Mar. 21, 2002; 73 FR 3217 , Jan. 17, 2008]
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Goto Section: 73.871 | 73.873
Goto Year: 2011 |
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