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