[grc] Correction to LPFM 316 threshold

Tue Dec 6 18:00:57 PST 2016

It appears that the FCC case history is clear:  The threshold is 50% of the
BOD changing, not "more-than-50%".

Michael D. Brown
Brown Broadcast Services, Inc.

  _____  

From: Michael D. Brown [mailto:mike at brownbroadcast.com] 
Sent: Monday, December 05, 2016 12:28 PM
To: __LPFM Adisory List (lpfm-advisory at prometheusradio.org); _GRC list
(grc at maillist.peak.org); 'listserve at nfcb.org'
Subject: Form 316 for LPFM (for BOD changes)__Clarified

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