[grc] LPFM public notice requirements (including renewal announcements)

[Michelle Bradley]

Good afternoon from Riverton.

You may have been hearing some buzz in regards to LPFM stations and the 
current interpretation of the rules that §73.3580 (public notice 
requirements) applies to LPFM stations, despite a lack of 
cross-reference in §73.801 of the rules.

For the past 19 years since the creation of the service, LPFM stations 
have been under the impression that public notice requirements did not 
apply to them.

The question about this came ripe as a result of the renewal cycle. 
Another LPFM stakeholder had contacted a staff attorney in the Audio 
Division to inquire whether LPFM stations were required to carry 
pre-file and post-file announcements for the renewal cycle.  They were 
advised that LPFM did not have that requirement.  The FCC would then 
eventually update the radio renewal page on the FCC website to reflect 
that LPFM stations are not required to carry pre-file and post-file 
announcements.

On Friday morning, I had received an e-mail from Albert Shuldnier, the 
chief of the Audio Division to advise that because of §311(a)(1) of the 
Communications Act, LPFM stations had the public notice requirements of 
§73.3580, despite the lack of cross-reference in §73.801.  Since the 
Communications Act is statute, statute overrides regulation.  Prometheus 
Radio Project and Common Frequency also received similar letters from 
Mr. Shuldnier.

Normally when a statute is passed, it must be implemented.  Since this 
statute well pre-dates the creation of LPFM (the statute was added at 
the same time that language was added to the Act regarding payola and 
the "quiz show" scandals of the late 50s), it should have been included 
at the time when LPFM was created in 2000.

The conversations that took place between Albert and myself pretty much 
settled on the fact that LPFM stations are required to do the pre- and 
post- filing announcements.

The bigger issue was LPFM's role in the other public notice requirements 
in §73.3580 involving the possibility of having to take out ads in the 
newspaper to announce certain types of changes such as assignments to 
other organizations or major modifications during a filing window.  
§73.3580 has a ruleset that applies to broadcast stations but it also 
has an alternate ruleset that applies to Low Power TV (LPTV), translator 
and booster stations.  I raised a concern because in the past, LPFM has 
been looked at like LPTV where it has come to the implementation of 
certain rules.

The regular ruleset (not LPTV) has a provision that operating 
non-commercial broadcast stations that need to make a public notice that 
would normally go into the newspaper can instead, make the announcement 
over the air.  The announcement must run once per day for four days in 
the second week following when the application was tendered for filing.

The FCC has confirmed that LPFM falls under the regular rules and not 
the LPTV rules for public notice.

What this means is that for /operational /LPFM stations, newspaper 
public notice is not required for applications such as assignments to 
other organizations and major modifications filed during a designated 
filing window.

Newspaper or on-air public notice is not required at any time for the 
following application activity:
* A minor change in facilities filed on Form 318 (such as a move of 
site, channel change, height/power change, etc.)
* Involuntary assignments or transfers of control (normally happens at 
the direction of the court)
* Voluntary assignments or transfers that does not result in a transfer 
of control and which may be applied for on FCC Form 316 (this includes 
 >50% board member changes)
* License to cover applications (Form 319) or STAs to provide interim 
operation in the same licensed area (I also interpret that to mean 
auxiliary antenna permits).
* Extension of time to construct authorized facilities (tolling requests).
* Authorization of studio-to-transmitter links (STL) and remote 
broadcast pick-up (RPU) stations.

At this time, new entrants that file for new LPFM stations during a 
filing window will be required to take out legal notices in the 
newspaper to announce their application filing.

The FCC currently has an open proceeding, MB Docket 17-264, which 
proposes to reduce the newspaper reporting of public notices (this will 
mainly benefit commercial stations as non-commercial has the exemption I 
noted above).  The FCC is also looking at switching the public notice 
requirement to something similar to the "contest rule" where a brief 
announcement can be made on the air that directs listeners to the 
station website for more information.

REC is concerned about the newspaper requirement for new entrants, 
especially with the prospect of new filing windows coming up.  I would 
like to see the FCC reduce the number of ads that a new entrant has to 
take out as well as add other options for public notice such as posting 
of the notice in a public location such as a city hall, post office or 
even on a sign or in a window at the proposed station's location where 
it will be visible from the street, or on a privately operated website 
that has exposure in the city or one that is dedicated to broadcasting 
public notices.

For now, unless you are planning to give your LPFM station to a 
different organization (form 314 filing), then nothing changes.

As always, if you have questions,  ask away.  If you need assistance, 
please let me know.

This is a fluid issue that is still being worked on here at REC.

-- 
*Michelle A. Bradley, CBT*
/Amateur Radio: KU3N/
/Founder - REC Networks/ - *https://recnet.com*
*1-844-REC-LPFM* / +1 202 621-2355
SBE Certified