Primary studio and control location for an NCE

[Goat Rodeo Cowboy]

I have been reading through some FCC letters and rulings regarding keeping a door open to the public during normal office hours. Some NCE stations, either in a very small town, or even in a big city if serving a small potential audience, need to avoid the staffing costs of having a person sitting there just in case someone arrives with a desire to see the public file, or per chance an FCC inspector arrives with a desire to survey the facility for compliance.

Does anyone have experience with arranging with a local business to contract for their receptionist or bookkeeper or other "in place" person to also represent the not-too-demanding needs of the radio station.

Are there cases where such an arrangement has been rebuffed or sanctioned by the FCC? Is there a precedent indicating what language would need to be in such an agreement?

 

[PTBoardOp94]

Do you have a main studio waiver? I know that it is acceptable for NCEs with waivers to host their public files in libraries, court houses, or other public places. I do not know of any NCEs that have their public file housed at a private business, nor do I know of any without waivers that do this.

 

[TheBigA]

Last month, the FCC ordered TV stations to place their public files online. I know quite a few NCE radio stations already have their public files on their web sites. I can't say it frees them of the responsibility of having them available at their studios. But it's certainly more convenient for everyone.

 

[aaronread]

Does anyone have experience with arranging with a local business to contract for their receptionist or bookkeeper or other "in place" person to also represent the not-too-demanding needs of the radio station. Are there cases where such an arrangement has been rebuffed or sanctioned by the FCC? Is there a precedent indicating what language would need to be in such an agreement?

This would not meet the staffing requirements of the main studio. It has to be two employees (one of whom must be a manager) who work for the station - not who work for someone else.

A lot of NCE's get waivers of the main studio rule for any "repeater" stations (not translators - translators are automatically exempt from needing a main studio) they may own. The FCC grants them pretty much routinely. However, you can't get a main studio waiver for your, well, main station. SOMEWHERE there must be a main studio with a public inspection file and the required staff. Staff are not required to be "chained to their desks" (actual quote from the R&O) and may go out to make sales calls, do transmitter maintenance, eat lunch, etc etc etc...but the main studio must be their primary place of work.

FWIW, a lot of college radio stations violate the main studio staff rules all the time. I'm not aware of any cases where the FCC actually nailed a college radio NCE for that, but there are several instances where commercial stations have gotten NAL's for it.

 

[Goat Rodeo Cowboy]

This would not meet the staffing requirements of the main studio. It has to be two employees (one of whom must be a manager) who work for the station - not who work for someone else.

From the reading I have done, I think you have spelled out what is the letter-of-the-law. My inquiry was to learn if there has been some new precedents set by the FCC staff that you would only know about if you took the time to read massive amounts of Notices.

To me, there is a lack of consistency in the current status. If a religious conglomerate (or maybe a political conglomerate like Pacifica) can plant a station in Idabell, OK and run a "lights-out, locked-room" operation and simply refer the locals to an office in Phoenix.... would it not be even more logical to have an NCE in Altus, AR with a note on the door: "You may contact our "main studio substitute" at the home of the station manager at 537 Maple Street here in Altus."

From what you wrote and what I observe, LPFMs apparently have that option today.

The big city may be different. But out in flyover country there are many villages, small towns and other assorted "communities" that cannot be adequately covered by the coverage-impaired LPFMs. To cover a county, or a valley, they need the kind of power that an NCE license would afford.... or as has been the case for many years, the little 250 watt or 1,000 watt AM at 1490 on the dial. These commercial operators could also benefit from a new view of what it means to have a "main studio presence".

I looking for "war stories" where operators have devised "work-arounds" that the FCC has found acceptable.

 

[aaronread]

From the reading I have done, I think you have spelled out what is the letter-of-the-law. My inquiry was to learn if there has been some new precedents set by the FCC staff that you would only know about if you took the time to read massive amounts of Notices.

I haven't read 'em all...they are massive...but I would say there's been some recent posted NAL's would back up my interpretation; I've seen a few posted on the CBI listserv in the last year alone. The FCC has nailed more than few operations as of late for not having the staff presence required in a main studio...or for other things missing from the main studio; like the public inspection file, station log, EAS, etc.

Any station can ask for a waiver of the main studio rule, and many NCE's have (don't know about commercial stations). Not all are granted, but a lot are. Again, at least for NCE's. I just don't know about commercial stations but I suspect the FCC takes a sterner line on them.

But AFAIK all of them are situations where there's a properly-maintained main studio for a primary station SOMEWHERE and all the waivers are for repeater stations elsewhere - even if it's thousands of miles away. Crazy, but it's how the system works.

You are correct: LPFM's are not subject to the main studio rule in any way. But that's specific to the LPFM Class of license (and boosters/translators, too). Non-LPFM's have to either comply or try for a waiver.