This LPFM does not exist

[Kelly A]

NCE (LPFM and full-service) is not limited to schools. It also includes educational organizations with an educational purpose and upon a showing that the radio station will advance their educational objectives. The FCC specifically permits NCE stations to run entertainment programming. The FCC does have specific requirements for educational statements to get them through the door, but once they are on the air, the first amendment kicks in as the FCC cannot regulate program content.

Sure, but just as NCE's, the organizational structure of the licensee is supposed to be of some sort of structured registered educational structure, whether educating students how to do radio, or broadcasting educational material in some form.
Temporarily registering a bogus 'educational' organization with the local state so you can play your favorite music to an audience of 50, then not even renewing the bogus organization, is the problem.
You have financial interests from filing and helping LPFM stations, so I understand the defensiveness.

 

[The Beat]

Sure, but just as NCE's, the organizational structure of the licensee is supposed to be of some sort of structured registered educational structure, whether educating students how to do radio, or broadcasting educational material in some form.
Temporarily registering a bogus 'educational' organization with the local state so you can play your favorite music to an audience of 50, then not even renewing the bogus organization, is the problem.

The rules say "a nonprofit" (with any purpose) that will use the station for an "educational purpose" is qualified to be an LPFM licensee. The FCC does not define what an "educational purpose" is. So, literally, it relies on the basic definition for "educate" as in to "provide others with information." It doesn't state the means, so music is acceptable. Remember, the FCC does not regulate most content.

I agree that temporarily registering as a nonprofit is not good.

I understand your frustration with the process. The only way to fix it is to change the rules. You should investigate methods to participate in the process. Best to you.

 

[Red Plume]

This [0] is § 73.853 (a) :

An LPFM station may be licensed only to:

1. Nonprofit educational organizations and upon a showing that the proposed station will be used for the advancement of an educational program; and
2. State and local governments and non-government entities that will provide non-commercial public safety radio services.
3. Tribal Applicants, as defined in paragraph (c) of this section that will provide non-commercial radio services.

[0] Federal Register :: Request Access

 

[The Beat]

This [0] is § 73.853 (a) :

An LPFM station may be licensed only to:

1. Nonprofit educational organizations and upon a showing that the proposed station will be used for the advancement of an educational program; and
2. State and local governments and non-government entities that will provide non-commercial public safety radio services.
3. Tribal Applicants, as defined in paragraph (c) of this section that will provide non-commercial radio services.

[0] Federal Register :: Request Access

In all respect, how do you define a "nonprofit educational organization" & "advancement of an educational program" if the definition of the word "educate" is to "inform others?" The FCC does not.

 

[Red Plume]

§ 73.801 says § 73.503 is also applicable to LPFM [1].

§ 73.503 (a) says the following [2] :

A noncommercial educational FM broadcast station will be licensed only to a nonprofit educational organization and upon showing that the station will be used for the advancement of an educational program.

1. In determining the eligibility of publicly supported educational organizations, the accreditation of their respective state departments of education shall be taken into consideration.
2. In determining the eligibility of privately controlled educational organizations, the accreditation of state departments of education and/or recognized regional and national educational accrediting organizations shall be taken into consideration.

§ 73.503 further outlines operation of, and the service furnished by noncommercial educational FM broadcast stations that is worth reading.

[1] Federal Register :: Request Access

[2] Federal Register :: Request Access

 

[The Beat]

"taken into consideration."

 

[Red Plume]

"taken into consideration."

If you're challenging my post, you should know I'm just posting the rules to clear up any confusion in the thread.

 

[The Beat]

I am only adding clarification for those who need it.

 

[fybush]

As with so many FCC rules, there's the letter and then there's actual Commission practice.

The actual practice, going back for decades now, has been to very loosely interpret "nonprofit educational organization," so that pretty much any nonprofit group that can assert any kind of educational purpose has been allowed to become an NCE licensee.

A big part of my role as a consultant is to assist my clients to understand not only the black letter of FCC rules but also the actual practice, and as long as actual Commission practice allows my client to obtain a license, I'm going to do everything I can to help them do so.

Disagree with the way the FCC interprets its own rules? I do, too, sometimes - and that's when you can file a rulemaking petition or a petition to deny a specific application.

 

[Time Warp]

Community radio has been going on for about 60 years. Christian radio even before that. Democrats would not support this little war against community radio. Republicans and Democrats will not support a war against Christian radio. The draconian interpretation of the rules wanted by these guys will not fly 60 years later. It would hurt a lot of radio listeners. Most Christian and community radio stations aren't connected to a school. Anyway the hatred and bitterness here makes me not want to post on this site any more. What a great bunch of bitter white privilege on this board. You want to go after the smallest class of licensed broadcast stations.

póg mo thóin!!!!!!

 

[Greg Goodfellow]

I think most good would be accomplished if the allegedly silent LPFMs were identified, which I believe was the main focus at the beginning of this thread, then the licenses returned to the FCC. If you don’t follow game rules, you shouldn’t be allowed to play.

 

[Kelly A]

I think most good would be accomplished if the allegedly silent LPFMs were identified, which I believe was the main focus at the beginning of this thread, then the licenses returned to the FCC. If you don’t follow game rules, you shouldn’t be allowed to play.

Would that be the same if the original organization the station was licensed-to had long expired, but the station was still operating?

 

[Greg Goodfellow]

Yes. One would wonder why the original organization ceased to be. Again, I believe in playing by the rules. Long-silent LPFM’s need to be culled from the herd.

 

[Red Plume]

Would that be the same if the original organization the station was licensed-to had long expired, but the station was still operating?

I think so. If a licensee no longer exists, then someone who is not the licensee is operating the station. That to me seems like it would be the same as an unauthorized station that just happens to be on the same frequency as, using the facilities of, a former-authorized station.

 

[Kelly A]

I think so. If a licensee no longer exists, then someone who is not the licensee is operating the station. That to me seems like it would be the same as an unauthorized station that just happens to be on the same frequency as, using the facilities of, a former-authorized station.

The question is how tied are they? For example; let's say I made up an organization called the Red Plume Educational Media Foundation, registered it as a 501C3 with the State of Wisconsin, and filed for a new LPFM assignment. Three years later, I forgot to renew the parent registration with the state, and the registration has long expired. I still have an LPFM license and am playing Kate Bush tunes 24/7, but RPEMF is long gone.

 

[Voicetrack of Reason]

As with so many FCC rules, there's the letter and then there's actual Commission practice.

The actual practice, going back for decades now, has been to very loosely interpret "nonprofit educational organization," so that pretty much any nonprofit group that can assert any kind of educational purpose has been allowed to become an NCE licensee.

A big part of my role as a consultant is to assist my clients to understand not only the black letter of FCC rules but also the actual practice, and as long as actual Commission practice allows my client to obtain a license, I'm going to do everything I can to help them do so.

Disagree with the way the FCC interprets its own rules? I do, too, sometimes - and that's when you can file a rulemaking petition or a petition to deny a specific application.

Said another way, regarding FCC rules... "arbitrary and capricious"

 

[Michi]

I think in some (but not all) of these cases, the licensee has a misunderstanding of their state's nonprofit laws and policies and simply forget to file their annual reports. States are aware of this. When an organization gets suspended for not filing, all they normally have to do is file an annual report (or all of the back annual reports) and perhaps pay a fee and they will be reinstated retroactive to the lapse, like it never happened. The FCC will recognize those retroactive reinstatements.

 

[Red Plume]

The question is how tied are they? For example; let's say I made up an organization called the Red Plume Educational Media Foundation, registered it as a 501C3 with the State of Wisconsin, and filed for a new LPFM assignment. Three years later, I forgot to renew the parent registration with the state, and the registration has long expired. I still have an LPFM license and am playing Kate Bush tunes 24/7, but RPEMF is long gone.

STA Request Reason: Kate Bush 24/7.

Approved.

 

[Red Plume]

When an organization gets suspended for not filing, all they normally have to do is file an annual report (or all of the back annual reports) and perhaps pay a fee and they will be reinstated retroactive to the lapse, like it never happened.

That is often the case in most states, and they have a time window to reinstate a dissolved corporation. A window of 2-3 years seems typical of the states I've researched.

 

[Kelly A]

That is often the case in most states, and they have a time window to reinstate a dissolved corporation. A window of 2-3 years seems typical of the states I've researched.

And in your recent examples; that seems to be the case for many. It's like they only did what is needed to comply with application requirements for an LPFM, and then maintaining the registration of the parent organization was no longer needed. If a real broadcaster were to let their incorporation status expire without notification that something was being done? There would be Hell to pay with the feds.