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

[Michael Richards]

Not for LPFMs, but for full power NCEs.

This is known as the biennial "ownership report."

LPFMs are intentionally free from this requirement to make LPFM operations less resource-intensive.

But even for full power stations,  an ownership report does not replace a transfer of control application once there's a 50 percent change since the last time the FCC approved the board members.  As a policy matter, the law requires the FCC approve those who control a broadcast license.  Once you hit 50 percent changes since the last time the FCC reviewed the collective control group, the  potential for deadlock effectively allows the new 50 percent to say no to any decision (by creating the deadlock).

Thus the requirement for filing a transfer of control application.

Michael W. Richards, Attorney
7008 Westmoreland Avenue
Suite E8
Takoma Park, MD 20912
Tel. 202.657.5780
michael at michaelrichards.us<mailto:michael at michaelrichards.us>
On Twitter: Commlawguy
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-----Original Message-----
From: Jeff Shaw [mailto:jeff at davismedia.org]
Sent: Tuesday, December 06, 2016 3:34 PM
To: _GRC list <grc at maillist.peak.org>; listserve at nfcb.org
Subject: Re: [NFCB List] Form 316 for LPFM (for BOD changes)__Clarified

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>
> <mailto:mike at brownbroadcast.com>  ● www.brownbroadcast.com<http://www.brownbroadcast.com>
> <http://www.brownbroadcast.com/>* offc 503-245-6065* ●* cell
> 503-703-3202 *●* fax 503-245-5773*
>
>
>
>
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