§  73.860   Cross-ownership.

   (a) Except as provided in paragraphs (b), (c) and (d) of this section,
   no license shall be granted to any party if the grant of such
   authorization will result in the same party holding an attributable
   interest in any other non-LPFM broadcast station, including any FM
   translator or low power television station, or any other media subject
   to our broadcast ownership restrictions.

   (b) A party that is not a Tribal Applicant, as defined in §  73.853(c),
   may hold attributable interests in one LPFM station and no more than
   two FM translator stations provided that the following requirements are
   met:

   (1) The 60 dBu contours of the commonly-owned LPFM station and FM
   translator station(s) overlap;

   (2) The FM translator station(s), at all times, synchronously
   rebroadcasts the primary analog signal of the commonly-owned LPFM
   station or, if the commonly-owned LPFM station operates in hybrid mode,
   synchronously rebroadcasts the digital HD-1 version of the LPFM
   station's signal;

   (3) The FM translator station(s) receives the signal of the
   commonly-owned LPFM station over-the-air and directly from the
   commonly-owned LPFM station itself; and

   (4) The transmitting antenna of the FM translator station(s) is located
   within 16.1 km (10 miles) for LPFM stations located in the top 50 urban
   markets and 32.1 km (20 miles) for LPFM stations outside the top 50
   urban markets of either the transmitter site of the commonly-owned LPFM
   station or the reference coordinates for that station's community of
   license.

   (c) A party that is a Tribal Applicant, as defined in §  73.853(c), may
   hold attributable interests in no more than two LPFM stations and four
   FM translator stations provided that the requirements set forth in
   paragraph (b) of this section are met.

   (d) Unless such interest is permissible under paragraphs (b) or (c) of
   this section, a party with an attributable interest in a broadcast
   radio station must divest such interest prior to the commencement of
   operations of an LPFM station in which the party also holds an
   interest. However, a party need not divest such an attributable
   interest if the party is a college or university that can certify that
   the existing broadcast radio station is not student run. This exception
   applies only to parties that:

   (1) Are accredited educational institutions;

   (2) Own an attributable interest in non-student run broadcast stations;
   and

   (3) Apply for an authorization for an LPFM station that will be managed
   and operated on a day-to-day basis by students of the accredited
   educational institution.

   (e) No LPFM licensee may enter into an operating agreement of any type,
   including a time brokerage or management agreement, with either a full
   power broadcast station or another LPFM station.

   [ 78 FR 2107 , Jan. 9, 2013]

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