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FCC MEETING TODAY

The FCC held their meeting today. LPFM window set for October 15, 2013. New LP's can now hold two translators. Full story later.
 
"The commission passed a compromise that adds a main studio requirement for LPFM"
Does anyone have the specifics on this part?
 
The FCC added a new "point" for applicants pledging to have a publically accessible main studio.
This includes a pledge to have the studio staffed by either a paid staffer or a volunteer for
at least 20 hours per week.
 
Has anyone else tried the FCC frequency finder tool yet. Did one from where I live and work, Palm Springs Ca. and none came up. Tried a search for a small coastal Oregon town I like and 36 freq.'s were listed.
 
Re visited the fcc site, and a few freq's in Palm Springs are available if moved a few kilometers from the transmitter site I selected. The site gives you all of the options. It is a cool tool.
 
The three way time-share doesn't have a chance of surviving. There is little chance there is enough funding out there for one one-hundred watt station.
 
Wow, it's amazing how many channels open up using 2nd adjacent channel spacing. And I like how the channel finder provides alternate coordinates for conditional channels in case the inputted coordinates fail. I wish the FCC was this accommodating to commercial broadcasters.

Now if I had only started a non-profit 15 months ago, then I would be already for Oct. 2013.
 
They didn't address it in the meeting, but I've been advised that non-profits will have to have been in existence at least two years prior to filing. This is apparently to discourage last-minute applications. Under two years existence will most likely be dismissed, especially in MX situations.

My non-profit was founded in April of 2001, and I am applying for an LPFM. Since I'm on the beach at this point after 24 years in radio, I don't really have anything to lose.
 
The two year requirement for existence is totally unfair. SOme of us didn't know about this requirement, and now, we will be shut out of this opportunity which will probably never come again.

Question: Does anyone on this board think that a non profit which has been in existence for under two years MIGHT be considered if no one else applies for the open channel in question? Naturally, I am not going to disclose the channel or the location. But I am fairly confident that my organization would be the only one applying for it.

If not, then I guess we can hope for a new window in 2026, if radio as we know it still even exists by that time.

It just goes to show that churches and other religious institutions will once again be favored in this new "community radio" service. And all us pinko commie liberals can just suck it up and deal with it!
 
JakeLongwell said:
The two year requirement for existence is totally unfair. SOme of us didn't know about this requirement, and now, we will be shut out of this opportunity which will probably never come again.

Question: Does anyone on this board think that a non profit which has been in existence for under two years MIGHT be considered if no one else applies for the open channel in question? Naturally, I am not going to disclose the channel or the location. But I am fairly confident that my organization would be the only one applying for it.

If not, then I guess we can hope for a new window in 2026, if radio as we know it still even exists by that time.

It just goes to show that churches and other religious institutions will once again be favored in this new "community radio" service. And all us pinko commie liberals can just suck it up and deal with it!

Probably the best thing you can do now is to team up with an existing non-profit. A local chamber of commerce would qualify and might be very interested in starting an FM station--especially if you fund and run it. They give you office space (and possibly a roof for an antenna) and you take care of the rest.
 
I'm so ready to get a LPFM station going in my hometown.

We need a big time jolt on our dial.

I'm just the one to make it happen.

Hope that when the new filing window opens, things will work out for me.

R.D.P. <><

P.S. My presentation will more than likely be all things CCM 24/7.  Something along the lines of WAY FM from Nashville but a local version of it.
 
I noted during the meeting that they are adding one more possible point to the point system they use for MX applicants. That is a pledge to have a publically acessible local studio, and someone there to staff it at least 20 hours per week. That person can be either a paid staffer or a volunteer.

Jake, I agree with Carmine5 about teaming up with a local non profit. That is your best chance at this point. They have been talking about the two year existence requirement for a while and looks like it will be enforced.
 
Thank you, Alan and Carmine for your suggestions and your honest replies. I'm starting to realize that a partnership may be the only way at this point. Though, we will most likely maintain our own non-profit organization, even if we won't be able to hold the license.

My biggest concern with a partnership is, finding an organization who would for the most part agree with our agenda of providing a diverse, all-inclusive community radio voice. I do not want to partner with a group who might want to, for example, only broadcast programs which cater to THEIR political or religious points of view. Nor do I want to partner with a group who might see this as a chance to run a quasi-commercial operation, complete with a 24/7 commercial music format.

Indeed, I realize that with a partnership, compromises and sacrifices may need to be made from both partners. I just believe very strongly that my community needs a community radio station which is independent, and which does not have a predetermined political or religious agenda.

One more question: How long does an organization have to hold onto an LPFM license before they can donate/sell it to another group? In other words, at what point could the partnership be dissolved, and the license transferred to our organization? (Assuming the licensee wishes to opt out).

Thanks in advance.
 
JakeLongwell said:
Thank you, Alan and Carmine for your suggestions and your honest replies. I'm starting to realize that a partnership may be the only way at this point. Though, we will most likely maintain our own non-profit organization, even if we won't be able to hold the license.

My biggest concern with a partnership is, finding an organization who would for the most part agree with our agenda of providing a diverse, all-inclusive community radio voice. I do not want to partner with a group who might want to, for example, only broadcast programs which cater to THEIR political or religious points of view. Nor do I want to partner with a group who might see this as a chance to run a quasi-commercial operation, complete with a 24/7 commercial music format.

Indeed, I realize that with a partnership, compromises and sacrifices may need to be made from both partners. I just believe very strongly that my community needs a community radio station which is independent, and which does not have a predetermined political or religious agenda.

One more question: How long does an organization have to hold onto an LPFM license before they can donate/sell it to another group? In other words, at what point could the partnership be dissolved, and the license transferred to our organization? (Assuming the licensee wishes to opt out).

Thanks in advance.

From my reading on LPFM regulations, the FCC does not generally allow the sale or transfer of an LPFM license. Here is the rule as adopted in January 27, 2000:

"163. Decision. After careful review of the comments, we have decided to prohibit the transfer of construction permits and licenses for LPFM stations. Contrary to our initial view stated in the Notice, we are persuaded that a prohibition on transfers will best promote the Commission's interest in ensuring that spectrum is used for low power operations as soon as possible, without the delay associated with license speculation. We are also persuaded that the goals of this new service, to foster opportunities for new radio broadcast ownership and to promote additional diversity in radio voices and program services, will best be met if unused permits and licenses are returned to the Commission. Given the modest facilities and noncommercial nature of LPFM stations, we do not believe non-transferability will discourage LPFM licensees from serving their listeners."

However, there may be exceptions to the rule, as stated here in an RM adopted March 16, 2005:

"20. As discussed in detail above, our current rule prohibiting the transfer of LPFM stations is hampering the LPFM service by, for example, impeding routine transitions to new governing boards and limiting the ability of an LPFM licensee to assign its license to a new, jointly-controlled entity composed of several similarly focused organizations. We believe that introducing some level of transferability to the LPFM service is critical. We also believe that delaying relief to LPFM stations until this proceeding is completed will not serve the public interest. Accordingly, we delegate to the Media Bureau authority to consider, on a case-by-case basis, requests for waivers of Section 73.865 of our rules. The Media Bureau may grant a waiver upon determination that such waiver will maximize spectrum use for low power FM operations. For example, waiver may be appropriate, assuming the public interest would be served, in certain circumstances: a sudden change in the majority of a governing board with no change in the organization’s mission; development of a partnership or cooperative effort between local community groups, one of which is the licensee; and transfer to another local entity upon the inability of the current licensee to continue operations. This is not an exhaustive list of circumstances appropriate for waiver. However, until we have further considered the transferability issue, we do not believe that waiver is appropriate to permit the for-profit sale of an LPFM station to any entity or the transfer of an LPFM station to a non-local entity or an entity that owns another LPFM station."

So, yes, choose your partner organization carefully and then draw up some kind of contract that allows for a transfer based upon the above criteria (preferably to your non-profit after its been in operation for two years). You may also want to start a non-profit organization now, before partnering with another group.

BTW, one of the reasons for the FCC retaining the 3rd adjacent channel spacing all these years is stated here:

"...applying 2nd adjacent channel protection requirements to LPFM stations will preserve flexibility for the development of in-band, on-channel (IBOC) digital audio systems for FM stations, as discussed in paragraphs 55-56. Accordingly, we are denying the petitioners’ request that we eliminate 2nd adjacent channel protection requirements for LPFM stations."

So, LPFM proponents can ultimately rejoice that HD Radio has been such a dismal failure in the marketplace.

You can peruse all the documents pertaining to LPFM here:

http://www.fcc.gov/encyclopedia/low-power-fm-broadcast-radio-stations-lpfm#DOCUMENTS
 
The FCC isn't going to toss out applications from organizations that have been around less than two years. This is the same rule that was around during the first LPFM fiasco.

Groups with less than 2 years under their belts simply don't get to claim a point for being around 2 years or more. This could be a big deal if you have competitors for the same or adjacent channel. Just like sports, the team with the most points when the FCC gun goes off will win the license. If you're a singleton after the applications are all filed, you're good.

But good luck if you come in tied in points with one or two more groups. There's a settlement period where you can find a partner or two from the group and attempt a settlement between you. If nobody settles voluntarily, that's when the FCC brings out the shared time weapons.

If there are two or three applicants tied for first place in points, the one founded first gets to choose their daypart first. If there are more than three tied applicants for the same channel, they toss everybody to the wolves. No time share, no license. Try again next filing window, apparently.

My advice is simple:
If you don't already have a not for profit entity, form one tomorrow.

YOU DO NOT NEED IRS RECOGNITION AS A NON-PROFIT ENTITY TO FILE WITH THE FCC.

You only need to be recognized as a not for profit entity by your state government. This can generally be done via your Secretary of State website. Some states, such as Washington, really only want your filing fee. They assume you're keeping the articles of incorporation in your file cabinet at home. This is how I have done it and it works.

You will need a second person in your organization in most states though. A president and a secretary here in WA. If you're single, ask Mom.

Also, if your state still requires filing the articles, there are places right here on this very Internet that have boilerplate forms for each state. You just fill in the blanks.

The main reason for articles of incorporation are when you want to open a bank account for your non-profit. THEY will want to see the papers.
 
My non for profit organization (People for Jesus) has been around since July of 1996. 

I don't have a bank account, copyright on the name or web site going for it yet.

Plan on changing that and turning it into a fully licensed radio broadcasting company, should my LPFM dream work out.

May not have all the resources needed to set things up yet but should my dream work out, I believe everything else will fall into place.

Mr. Alan knows where I'm coming from on that statement above.

R.D.P. <><

P.S. Unless my LPFM dream works out, I just don't see any new radio stations setting up shop here in Selma Alabama.  I don't know of anyone else that's trying to pursue something new, outside of this lone poster.  Hope my own dream will soon happen.  I'm so ready to get it established. 

B.T.W. The neat thing about this LPFM station will be: I'll be the only slightly handicapped person to own and operate a radio station of his own here in Selma Alabama.  I will own it under this name, People for Jesus Radio Broadcasting Company LLC of Selma Alabama, should things work out.
 
R.D.P. I wish you success in your attempt to start a station. I can see it's important to you. You say that you don't think anyone else in your city is interested in starting a station. Not knowing much about your part of the country, I can't say whether or not that's true. But, I have to step in here and defend those who want to use LPFM to create an all inclusive community radio service. Suppose there is an organization in your city who wants to set up a station that will cater to underserved audiences in your community. Or, an organization that would like tp promote the arts, promote local music, and give a voice to political or religious views that are in the minority in your area. What about them? They have rights, too. (Though I know there are those out there who would like to think they don't).

You've made it pretty clear as to the direction you will be taking your station in. Are you going to allow those with opposing views to have airtime on your station? My guess is no. And if your group has been around since 1996, then any lefty loony community group that may want to have a voice in your town probably won't have a chance in hell.

Sadly, I predict we will see more of the same BS we saw with the last filing window. Most of the winners will be churches or groups with a one-sided agenda. And that really isn't doing much to open the airwaves to diversity.
 
The way I read this is your non-profit could have been created a week before the filing window. The 2 year minimum is for claiming a point just in case you have others apply on top of you.
 
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