HOW TO LOSE AT LPFM and some info to help you win

[Michi]

There are those of us who would like translators and LPFM's reclassified as primary and protected as such.

But, the FCC's hands have been tied by congress. I don't think they can change the status of LPFM and. translators.

This too would also require an act of Congress to repeal portions of the LCRA.

 

[Harvey_Dogg]

This too would also require an act of Congress to repeal portions of the LCRA.

That's correct.

 

[Michi]

Based on REC's interpretation of the Local Community Radio Act (LCRA), the following things can't be changed through rulemaking:

• §73.807(a)(1), (b)(1), (c)(1): Some form of co-channel, first-adjacent and second-adjacent protection to full-service FM and FM translators. [2(a)(1)]
• §73.854: Exclusion from LPFM if a party on the application has engaged in unauthorized operation under 47 USC 301 [2(a)(2)]
• §73.807(a)(1), (b)(1): The elimination of a distance separation requirement between LPFM stations and full power FM stations [3(b)(1)] (note: our interpretation of this also means that distance separation is not required towards translators or other LPFM stations as, in the case of FM translators, some form of protection is prescribed.)
• §73.807(e): Any change of the definition of "interference" in respect to second-adjacent channel short spaced stations [3(b)(2)] (note: The LCRA does not define "interference". There's nowhere in the LCRA that states that a second adjacent channel must have a 40 dB undesired-to-desired ratio. We believe that this rule can be challenged by the FCC defining "interference" in respect to second-adjacent channels.)
• §73.807(a)(2): The elimination of the third-adjacent channel protection requirements towards stations running radio reading services [4] (note: REC supports that the FCC updates the list of stations running these services. The current list used is from 17 years ago. In April, 2020, the Commission announced that they will not publish a list and therefore, will not proactively enforce this statute/rule but instead, would rely on complaints from reading service stations.)
• The elevation of LPFM (or translators) to primary status. [5(3)]
• §73.827(a): The elimination of or changes to the "predicted interference area" in respect to LPFM stations operating that, on a third adjacent channel has a nearby translator which uses that channel is its input. [6]
• §73.810(a)(1): The elimination of translator-style interference rules to protect full-service stations on "short-spaced" third adjacent channels. [7(1)]
• §73.810(b)(2): The periodic announcement requirement for third-adjacent channel stations. [7(2)] (note: We are still under the position that the FCC misinterpreted this statute as to apply to LPFM stations that are not third-adjacent "short-spaced". It is REC's position that it should apply to LPFMs that are third-adjacent short spaced.)

As REC has mentioned in previous filings, the following changes also can not take place through the rulemaking process:

• A commercial LPFM service where mutually exclusive applicants can be decided without auctions. [47 USC §309(j) as amended by the Omnibus Budget Reconcilliation Act of 1993 and Title III of the Balanced Budget Act of 1997]
• A commercial LPFM service with a nationwide ownership cap. [Telecommunications Act of 1996, section 202]
• A commercial LPFM service without filing or regulatory fees. [47 USC §158 & 159]

 

[Harvey_Dogg]

Those translators for AM stations and HD 2 & 3 are basically commercial LPFMs

 

[nd2023]

A fundamental question is should every bit of spectrum be fully used ASAP at every location in the USA? Or should we leave some open space? Some believe a right of human existence is to make use of everything before us. Propagation of electromagnetic, particle, acoustical or gravitational waves does not respect human rules and agreements.

No, every bit of spectrum should not be used. There’s such a thing called tropo that brings in distant full power stations 100-300 miles away. Tropo that occurs frequently can affect the value of a station. For example, WMID 93.1 in the shore town of Wildwood NJ is affected by tropo from full power class B’s in NYC and Baltimore, a bit over 100 miles away. Tropo is almost a daily occurrence during the summer, peak season at the Jersey shore. While the allocation works on paper, in reality, it’s a bad frequency.

Also, a market can only support so many stations. Too many stations, and they all compete for the same listeners.

If you want to see a full FM band, go to New York City. Every frequency has a full power, IBOC, rimshot, translator, LPFM, or pirate station. Every space on the dial is filled, and the pirate stations fill up whatever space can’t be filled under the contour/distance separation rules.

For example, there’s a Franken FM on 87.7, pirates on 87.9, 88.1, full power on 88.3, pirate on 88.5, rimshots on 88.7, LPFM on 88.9, shared time stations on 89.1, pirate on 89.3, rimshot on 89.5, etc.

 

[Kelly A]

A good use for LPFM is to serve those whom commercial radio has turned it's back on. That means minorities and anyone over 55 years old.

There are a lot more choices these days. Streaming, podcasts, audio books.. To think that some peanut-whistle radio transmission run by amateurs fills some sort of void in society is not living in reality.

There is something that is much worse than failing.

Like what, dying?

It's those who apply for any radio station when they don't really have the money. Even worse when they lie to the FCC and say they built it when they did not.

Many are guilty on both of those counts.

 

[Kelly A]

Allow me to frame this a different way: Say you save up your money and purchase a book store. After a great deal of research and expense, you stock certain genres of books that would appeal to book buyers within a geographic area or on-line. After a couple years of business growth and success, a guy pulls up in a filthy box truck feet away from your store and starts selling super-discounted books from the street. Not only is their dirty truck blocking your bookstore, but his unprofessional, unsavory, appearance is keeping people away from that part of the street. Technically what the box truck bookseller is doing isn't illegal. They're parked legally, and there are no laws against selling books from a truck. Should you, after spending so much money to build the business, hire employees, paying rent, buying inventory, paying taxes, be okay with the box truck bookseller?

In my mind; LPFM is a lot like this example. We talk about the challenges of radio in small to medium markets, the increasing competition for listeners, and yet it's okay to clutter the street with complete amateurs predisposed to fail, cluttering the same band as professionals who have a serious long-standing business investment in money and people?

 

[b-turner]

Kelly A, I must commend you on such a well stated response. Most LPFMs are run by amateurs without a clue and radio jocks that think their idea will change radio. Generally speaking these station don't want any help because anybody with radio experience is the enemy.

Commercial broadcasters that had to be the top bidder for a frequency and then go through all the detail and ongoing expense to attempt to draw a living from radio and a living for your hired staff, the LPFM got here without the sacrifice and, in their eyes, does nothing to instill value in the medium.

What truly hurts LPFM is a lack of experience. As my former boss that disliked the idea of LPFM reflected on his career in banking. He said it would be like allowing anyone to start a bank with no banking knowledge and giving them a street corner to get a few customers from the neighborhood.

I am, however, very pro-LPFM. I personally feel the best application is in small communities where a full power station would not be economically viable. Like years ago before LPFM came about, I used Sanderson, Texas as an example: population 800 and no radio signals received today as it was then when Radio World published my article. I think of LPFM as a 'labor of love'. Certainly there are other uses for LPFM, but I simply see my application as having the better chance of sustaining financially.

 

[Harvey_Dogg]

The only LPFM that I helped get a license run by amateurs happens to be licensed to a state university and is student run. The others are community stations that operate on donations and volunteers. They don't take a dime away from any commercial radio station. Some are in towns abandoned by their radio station or are serving populations that commercial radio does not want.

I've met some great people through both commercial and community radio. I've also met bad guys in commercial and community radio. When I remember the good people, I have fond memories. When I remember the back stabbers, the unethical, and the crooks I can become a bitter old man who wishes I'd chose another profession.

I prefer the good memories. The bad guys all lose their ass in the end. It's called karma.

 

[Kelly A]

They don't take a dime away from any commercial radio station.

But to a listener, not a radio nerd, it represents radio on the FM band. These days especially, impressions matter. If someone tunes into a poorly-run, or amateurish-sounding presentation or programming, they're likely to pursue other options like streaming. What's that percentage of the audience is? I couldn't tell you. All I can say is; the LAST thing radio needs is erosion of the radio brand created by complete amateurs.

Some are in towns abandoned by their radio station or are serving populations that commercial radio does not want.

But to use your example; if a town/community can't support a commercial or public/donation station, how would someone with any common sense believe that building a station with minimal coverage, and no ability to sell ads, would survive? Answer: It won't. At least not for long. As b-turner said; too many of the LPFM's are run by people who have no clue of what it costs to run even a flea powered radio station, let alone develop programming that compels a tiny listening audience to donate regularly. Especially true in a day where I can create my own playlist, right on my smartphone, or stream a broadcast from another country.

I've met some great people through both commercial and community radio. I've also met bad guys in commercial and community radio. When I remember the good people, I have fond memories. When I remember the back stabbers, the unethical, and the crooks I can become a bitter old man who wishes I'd chose another profession.

Having a hard time wrapping my head around defending LPFM stations with traits of human nature. The fact remains, there are good and bad human interactions everywhere. None has anything to do with radio.

I prefer the good memories. The bad guys all lose their ass in the end. It's called karma.

I'm a huge believer in karma too. But I also believe in the old practical saying: 'No good deed goes unpunished'. There are probably dozens, if not hundreds of people who applied for LPFM's who sunk and lost their entire life savings or retirement, only to find out that all the back-slapping and atta-boys from local community members wouldn't pay the bills.

It's like I tell the radio-nerd romantics on this site all the time; unless you've secured financing, hired lawyers, gone through a potentially painful application process, built or acquired a radio business, then beat the bushes for advertising to support it, paid salaries, written big checks for upkeep and maintenance; you don't know sh*t about running radio..

 

[Kelly A]

What truly hurts LPFM is a lack of experience. As my former boss that disliked the idea of LPFM reflected on his career in banking. He said it would be like allowing anyone to start a bank with no banking knowledge and giving them a street corner to get a few customers from the neighborhood.

Totally agree. The romance of 'showing the big guys how to do radio' ends pretty quickly when the checking account goes negative.

I am, however, very pro-LPFM. I personally feel the best application is in small communities where a full power station would not be economically viable. Like years ago before LPFM came about, I used Sanderson, Texas as an example: population 800 and no radio signals received today as it was then when Radio World published my article. I think of LPFM as a 'labor of love'.

That's great sentiment, but unless you're independently wealthy or funded by a school district, just in it for serving community with no expectation for outside financial support, I say knock yourself out. But I'm willing to bet 99% of the LPFM operations aren't in such a position. Funny how the view from rose colored glasses eventually turns blood red.

Certainly there are other uses for LPFM, but I simply see my application as having the better chance of sustaining financially.

I don't disagree, provided there's a clear path where the community is willing and able to support such an operation past the first year.

 

[b-turner]

I can see what Harvey Dogg has described. I met the head of a community group that runs a LPFM in a town of 3,500 in one of the Carolinas. Their local station upgraded a number of years ago and quit doing anything local, including high school sports.

The fellow is a former mayor who teamed up with a retired radio guy and other community leaders.

Fully automated, you get 2 or 3 community announcements and weather forecast hourly, station IDs voiced by local folks in the community and businesses can sponsor the announcement or forecast with a name mention. The format is best described as oldies of the 1970s and 1980s but they are not opposed to playing a compatible universally known hit everybody is familiar with from the present back to the 1990s maybe each half hour. I recall they had one business that sponsored the weather 24/7. They do high school sports and I suspect much of the donated money for the year comes from this. For fundraising from listeners, they would run a simple: this month's need is $X. As of (date) we are at $X and need $X. They have never had a month in the negative going on 4 years, I think.

Obviously this is an exception to the usual LPFM but I think it is a fine example of what I describe.

The advice I got from these guys: your board needs to be well known people in the community that do not divide the community politically. These same people need a track record of causing projects that improve the community to happen. In other words if people known to make things happen are involved the community will likely rally around the station. He said I needed to pretend I was running for office and get out there to meet as many people as I could and talk the radio station.

 

[Harvey_Dogg]

Even though I owned commercial stations I was sympathetic to the community radio movement. I grew up not far from Yellow Springs Ohio and I had many friends at community radio station WYSO. That's why I filed a petition for rulemaking to bring back low power FM as a secondary noncommercial service.
The communications magazines and the NAB were upset when the FCC assigned it a docket number.

I argued that this could bring service to minorities in our inner cities and to small towns too small to support a full power station.

Anyway, the NAB was able to delay LPFM for more than a decade because no one else joined me in the battle.

 

[ZebraRadio]

Point 7 in the top post bears repeating. The FCC is only interested in your broadcast signal, not your online stream, not your website. So while you are confined to an underwriting mention on the FM signal, you could run a full spot on your web stream as well as an ad of any size on the website. The web stream would be programmed separately from the broadcast content but could contain the same music, community news packages, etc. I would also ID it as internet radio and maybe not use the station's calls to protect yourself. But this might be a way to attract businesses as both donors and advertisers.

 

[davideduardo]

Point 7 in the top post bears repeating. The FCC is only interested in your broadcast signal, not your online stream, not your website. So while you are confined to an underwriting mention on the FM signal, you could run a full spot on your web stream as well as an ad of any size on the website. The web stream would be programmed separately from the broadcast content but could contain the same music, community news packages, etc. I would also ID it as internet radio and maybe not use the station's calls to protect yourself. But this might be a way to attract businesses as both donors and advertisers.

And maybe they can find a way to make money with an ad supported stream while paying music licensing fees.

 

[Michi]

If you do opt out, always keep logs of what goes over the air when ads are running on the stream. We have had a couple of cases where claims were made that LPFMs were running commercials and it turned out the complainers cheated by listening to the stations on their streams instead of over the air.

 

[b-turner]

I would suggest you have a website and entice underwriters more on the website than the on air announcement. I suggest underwriting spots end with 'for more information go to station website address and go to our supporters page. Folks are not going to remember a bunch of website addresses, street addresses and phone numbers so send them to the station website.

 

[Red Plume]

'for more information go to station website address

"More information at <station web address>."

Leave out the call-to-action (i.e., "go to") if an underwriter is paying for the on-air announcement.

 

[Oldie919]

"More information at <station web address>."

Leave out the call-to-action (i.e., "go to") if an underwriter is paying for the on-air announcement.

Absolutely!!
It amazes me that NPR STILL runs underwriter messages with words like "visit", "go to", "check it out"......
A 'call-to-action" is a "NO-NO!!"

 

[Red Plume]

Absolutely!!
It amazes me that NPR STILL runs underwriter messages with words like "visit", "go to", "check it out"......
A 'call-to-action" is a "NO-NO!!"

Agreed. NPR is not a good barometer of what can be said. Underwriting is their major business, and the liability/risk is worth it for them.

NPR has access to a legal team that no LPFM can come close to.