[grc] [NFCB List] Form 316 for LPFM (for BOD changes)__Clarified

[Jeff Shaw]

This is great clarification, thanks for sharing Mike.

I'm left with the question: is there no mechanism to update LPFM Boards
regularly at the FCC- i.e. as it *actually* happens and before it gets
to more than 50% changeover (and therefore 'transfer of control')?  


On 12/5/16 12:28 PM, Michael D. Brown wrote:
> Since 73.865(e) is so poorly and confusingly worded, we got fresh
> clarification from the FCC today:
>  
> 1.    Authorized LPFMs must file an electronic Form 316 whenever the
> BOD changes by /more than/ 50%, whether suddenly or gradually.  The
> transfer is from the "old board" to the "new board".
>  
> 2.    The original baseline is the BOD listing that was contained in
> the 318 that led directly to the original CP.  Once an LPFM gets an
> original CP, they cannot update the BOD in a 318; they must use the
> 316.  It's therefore superfluous to list the BOD in any subsequent 318. 
>  
> 3.    Stations should make it abundantly clear in the 316 that the
> station continues to meet the localism requirements (73.853(b), e.g.: 
> headquarters or 75% of the board, etc).    It's also a good idea to
> add a statement that the board changes were part of the normal
> operation of the organization.
>  
>  
> /Based on the dearth of 316 filings, it appears that most LPFMs are
> ignoring this requirement./  Not good.....
>  
> ===
>  
> References:
> https://www.law.cornell.edu/cfr/text/47/73.865
> https://transition.fcc.gov/Forms/Form316/316.pdf
> https://www.law.cornell.edu/cfr/text/47/73.853
>  
> ===
>  
> Disclaimers:
>  
> 1.    I'm not an attorney.
> 2.    The above applies only to LPFM.  
>  
>  
>  
>  
>  
> thank you
>  
> MB
>  
>  
>  
>
> Michael D. Brown
> Brown Broadcast Services, Inc.
> 3740 SW Comus St. ●Portland OR 97219-7418 USA  
> mike at brownbroadcast.com <mailto:mike at brownbroadcast.com>  ● 
> www.brownbroadcast.com <http://www.brownbroadcast.com/>*
> offc 503-245-6065* ●* cell 503-703-3202 *●* fax 503-245-5773*
>
>  
>
>  
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