Attorneys & Engineers helping Clients navigate the FCC LPFM Application Process

 The FCC  Media Bureau has Reset the Dates for LPFM New Station Application Filing Window: Window is now to Open on December 6, 2023 and close on December 13, 2023. Existing LPFM and FM Translator Minor Modification Frozen until December 13, 2023.  

No, and the FCC specifically says so on the Finder. The FCC’s LPFM Channel Finder tool is intended solely to assist LPFM applicants in tentatively identifying available FM channels. It’s a generic tool. Actual use and availability of that use may be impacted by a number of technical factors. These include Minimum Distance Separations with Pending, New or Existing FM station channels approved, pending requests by other licensees for antenna moves or translators, physical limits like screening by large buildings or natural landscape at certain wattages, and other technical reasons because of the location and the FCC’s Rules. The FCC recommends in its July 31, 2023 Public Notice DA 23-642 that Applicant Should consider using a professional like frequency consultants,  engineers or a those familiar with the FCC’s technical rules for LPFM to determine the technical acceptability for purposes of their application, particularly if the applicant is requesting a second-adjacent channel spacing waiver or similar adjustments. This is why Maldonado Law has brought together the combination of technical and legal expertise with the Federal Local Community Radio Act of 2010 (LCRA).

 To apply for an LPFM license, an organization must meet certain eligibility criteria. This includes being a non-commercial educational organization, local government entity, or a non-profit organization. Additionally, the organization must not have any conflicting ownership interests that would disqualify them from holding an LPFM license. The organization gains higher points for being active for at least two (2) years. Corporate paperwork and internal organization of directors must be in place and detailed. All information as to the legitimacy and the proper organization of the non-for-profit will be reviewed by the Commission in the application process. 

During the designated application window, organizations must complete and submit FCC Form 318, also known as the LPFM Application for Construction Permit, with necessary supporting documentation. The form requires detailed information about the organization, its goals, programming plans, and technical specifications for the proposed station. The FCC can request proof of this information at any time in the application process. Having all documentation complete and ready is key to catching the Commission's consideration. 

 After the application window closes, the FCC reviews the submitted applications. They publish a public notice listing the applications received and provide an opportunity for the public to Comment or raise objections regarding any of the applications. This process allows for community input and ensures transparency. Rival applicants or those working for them can raise meritless objections to better their position in the application process. The FCC typically vets these out, however responses to objection is essential for a successful application and grant of LPFM Construction Permit.

It would be helpful to bring any relevant documents related to your legal matter, such as contracts, leases, or court documents. Additionally, if you have any questions or concerns, it would be beneficial to write those down beforehand so that you don't forget to ask them during your meeting.

In cases where there are multiple mutually exclusive applications for the same frequency or location, the FCC conducts a comparative analysis to determine which applicant will be granted the license. Factors considered in this analysis include the organization's proposed programming, commitment to localism, ownership diversity, and other public interest considerations.

 High versus Low Density DMA issues - The FCC is offering free tools for applicants to check available frequency; however, this alone may not yield a good result. Simply because a frequency is available in an area or "Designated Market Area" (DMA) using the FCC’s free tools does not mean that the frequency will fit the intended use by the organization. Metropolitan areas with crowded Spectrum may have complications of interference by existing stations or licensees. Pending applications may narrow or confine the audience reach on that frequency. This can affect the applicant’s use of the station even fi they are successful. For this reason, a broader view and analysis of the intended frequency and DMA both before and during the application process is critical for successful applicants.   

Before submitting any LPFM application, you must be clear on your intended coverage area and back-up coverage areas in the event that your desired footprint is unavailable or has existing licensee use by FM stations. Under the Federal Local Community Radio Act of 2010 (LCRA), LPFM is the lowest priority in spectrum management among the FM bands and other Radio Frequency usage. This can run both good and bad for Applicants and new Licensees. It’s good in that where available and well planned an LPFM footprint can be secured for the local community as an alternative to commercial and non-commercial broadcaster licensees. It fills a gap in programming content within the community. It can also be problematic if the granted LPFM station is given a frequency that is operationally frustrated by interference factors. Knowing in advance where waivers or modifications may be necessary helps the Applicant make clear choices.  There may also be scenarios, for example in high density DMAs, where channel sharing between competing Applicants for the same coverage area and channel is an option. These are things that Maldonado Law and its technical consultants can support while your application is being organized and prepared through us.

There is no filing fee to the FCC for the LPFM Application.  A high volume of applicants is expected for 2023 as it has been a decade since the last LPFM licenses have been granted.  The demand for more diverse broadcasting has increased in that time.  The 2023 Window is anticipated to be highly competitive because of the zero-entry cost and limited inventory of granted licenses.