LPFM Licensees beware. This is what the FCC says about LPFM and full power FM's airing the same programming.

[Cold Coffee]

Section 73.860(e) of the Rules31 prohibits LPFM licensees from entering into operating agreements with other stations. The Commission adopted this restriction because it established the LPFM service to provide opportunities for new diverse voices An LPFM who appears to have an oral simulcasting agreement with another operator when each airs the same programming as part of a network, contrary to both section 73.860(e) and the purpose of LPFM service. Some believe that the arrangement would be legal l if the LPFM station rather than the full service station originated the programming because the LPFM station would thereby not be functioning as an FM translator. However, this argument overlooks section 73.860.

Moreover, it appears that if the LPFM s and the full power station were found to be independent entities not under common control, the licensees may be violating sections 73.503(d) and 73.1212(a) by airing programming provided by others without disclosing sponsorship

 

[Mediafrog+]

We have this situation here in Houston. There is a Spanish language format called “La Mejor” that is aired on a couple of translators, but also on an LPFM, complete with commercials. Been going on for some time now.

 

[Michi]

(mod note) If you are quoting an FCC decision, while not required, please include a citation (FCC document number, DA document number, FCC Record volume and page, URL to the resource on the FCC website, etc.). It adds more merit to your claim. Thank you.

 

[Cold Coffee]

I edited out the name of the party who received this from the FCC because I know him and he's very ill.

 

[nd2023]

I’ve heard an LPFM simulcast on the HD2 of a full power station. The LPFM is owned (well technically run because an individual cannot own an LPFM) by the engineer of the full power station. There are no commercials on the LPFM, HD2, or stream.

 

[Cold Coffee]

An FCC attorney once told me the rules are like a minefield and be carful where you tread. I have never been involved in any LPFM that was rebroadcast on a full power station. But I know other people who did this. Now we know the answer. Danger Will Robinson!

 

[RF101]

So are we affirming that an LPFM cannot relay a few hours of a distant NCEFM even if it's for a unique/specialized purpose? I know a station carrying Mexican indigenous languages and Spanish programming .These folks would love to extend their programming into neighboring counties but there are no available translators, only possible LPFM partners. What say you all?

 

[Greg Goodfellow]

If even one LPFM becomes a de facto translator, the LPFM experiment will end. Yes, I know many on this board would cheer that, but I still believe in its mission.Let those folks mentioned above go online.

 

[fybush]

It's complicated, by necessity.

Unless an LPFM licensee won its CP on points with a commitment to local origination, the FCC really has no say over the programming it chooses to carry. That programming can be syndicated and can originate elsewhere, so long as the station isn't selling the airtime to the programmer.

If those programs happen to be the same ones airing on a full-power station, that by itself isn't disqualifying IMO.

Where I see an issue is when the entirety of an LPFM's programming comes from a full-power source. The station IDs should be separate and local, and so should station promos, underwriting and fundraising appeals.

But if the FCC declined (as it did) to mandate any amount of local programming on an LPFM license, it stands to reason that it's also abdicated any ability to dictate what the content of that programming can be, beyond the obvious restrictions on third-party fundraising and commercial comment.

And if the Commission decides it does have that authority, fairness would then suggest a crackdown on the many LPFMs that carry a 24/7 national feed from 3ABN.or EWTN, right?

 

[bturner1]

Yes, you can be an affiliate of a program service that is offered to both LPFM and non-LPFM. The structure of the organizations involved must be designed in respect to FCC rules.

3ABN and EWTN are examples where any station can be an affiliate and carry as much of the programming as the station desires. The key is the LPFM must have ultimate control over what goes on the air and cannot sell 'time slots' say to Brother Stair. I know one LPFM that airs 5 different church services weekly free. When he has bills to pay he asks for help from those churches but if they don't help him each time he asks, he does not remove their service. I was told one organization split into a few separate entities because they have an LPFM, lease and own both AM, FM and translators. The programming is a separate company. By the way their translators, AM and FM are all non-commercial.

 

[Cold Coffee]

There are little guys broadcasting on LPFM who believe they have programming worthy of syndication. So it is streamed over the internet to full power affiliates in other cities. The FCC is now saying 'You can't do that".

Actually, I thought this was OK.

 

[Cold Coffee]

Let's face it. Life isn't fair. And FM frequencies are not created equal. I am nearly 70 years old. The FCC gave away the most valuable channels back when I was a child. I was born long enough ago to be able to get grants for some valuable FM's. If I had come into this life ten years earlier, I could have had even better opportunities. After 1990 all that was left were the bottom of the barrow frequencies that no one else wanted. So, if I was born 10 years later my choices would be crappy frequencies.

 

[Cold Coffee]

Another point of discussion. Commercial radio has to turn it's back on us old farts because advertisers don't want us anymore. So it's LPFM's and small NCE's that try to serve us. Take them away and seniors are forced to listen to streaming too. Is that in the public interest?

 

[Michi]

There are little guys broadcasting on LPFM who believe they have programming worthy of syndication. So it is streamed over the internet to full power affiliates in other cities. The FCC is now saying 'You can't do that".

Actually, I thought this was OK.

It's one thing to syndicate programs, that's exactly what Pacifica Network affiliates are doing right now through AudioPort.

The issue is about control of the LPFM stations. Who calls the shots. Scott's post in #9 is pretty much spot on here. I was provided with a copy of the complete FCC Letter of Inquiry that the OP referred to and in this case, the question goes beyond just shared programming, but also deals with control influences of the LPFM by parties attributable to other broadcast stations.

If you review the applications filed in the current window through the REC Window Tracker, look at the Applications of Concern List (ACL). This list includes applicants who used email addresses, mailing addresses, phone numbers, etc. that appear on other broadcast applications (both LPFM window applications as well as existing stations of all types). You will see that there are some obvious attempts of shadow control.

If an LPFM is going to simulcast, my recommendations are:

• Avoid doing 24/7 simulcasts.. have some "opt out" programming for your specific area.
• Always opt-out for underwriting. Station A's underwriting should never air on Station B.
• Avoid doing "dual station IDs" if you have the ability to opt-out.
• If you can't do any kind of opt-out with your station's automation, don't simulcast.
• Never fundraise on air for the other station or for all stations at once. If there is such fundraising, then it must follow all of the rules of third party fundraising (no more than 1% of the annual broadcast schedule, beneficiary must be 501(c)(3), etc.).
• All programming decisions, including the decision to simulcast, must be made at the local board level and should not be at the direction of another station's board or other hidden party in interest.

 

[Cold Coffee]

I know of another who has 3 NCE's. He has his friends apply for and get LPFM's He's now on 6 frequencies that can be heard in a large US city. He tried to get another LPFM in the same area in this last window. The FCC dismissed the application because he failed to ask for a 2nd adjacent waiver. But the FCC didn't see the studio address was the same as the full powers and 3 or 4 LPFM's.

The FCC says an LPFM that runs programming that can be heard 24-7 on a full power station has an illegal LMA with that full power even if the programing originated on the LPFM. You control the program means you control the radio station..

 

[Cold Coffee]

I would draw the line with the EAS. If an LPFM s rebroadcasting a full power and shares the same EAS unit with the full power. And never purchased an EAS for the the LPFM and relies on the full power for EAS. I would say the LPFM's are only translators. It was never built as an LPFM.

 

[radiofan2023]

Another point of discussion. Commercial radio has to turn it's back on us old farts because advertisers don't want us anymore. So it's LPFM's and small NCE's that try to serve us. Take them away and seniors are forced to listen to streaming too. Is that in the public interest?

Most advertising has never been aimed at 55+ year olds and no one can force anyone to listen to anything.

 

[Michi]

I would draw the line with the EAS. If an LPFM s rebroadcasting a full power and shares the same EAS unit with the full power. And never purchased an EAS for the the LPFM and relies on the full power for EAS. I would say the LPFM's are only translators. It was never built as an LPFM.

Shared EAS is only allowed in two situations:

• Commonly owned stations (which would only be the case for LPFM in the public safety and tribal contexts).
• Non-commonly owned LPFM stations that are in a time share agreement with each other from a common transmitter site.

 

[Cold Coffee]

Most advertising has never been aimed at 55+ year olds and no one can force anyone to listen to anything.

But, with streaming you have many more choices. You can hear what you want when you want it.

Shared EAS is only allowed in two situations:

• Commonly owned stations (which would only be the case for LPFM in the public safety and tribal contexts).
• Non-commonly owned LPFM stations that are in a time share agreement with each other from a common transmitter site.

And translators.

 

[Cold Coffee]

Another way the FCC uses to determine who is in control is to ask the station for receipts, bills, and checks. If the same pocket is paying for the operation of all the LPFM's and full powers that equals control of the whole operation which violates the rules.