§ 73.810   Third adjacent channel interference.

   (a) LPFM Stations Licensed at Locations That Do Not Satisfy Third-Adjacent
   Channel Minimum Distance Separations. An LPFM station licensed at a location
   that  does  not  satisfy  the  third-adjacent channel minimum distance
   separations set forth in § 73.807 is subject to the following provisions:

   (1) Such an LPFM station will not be permitted to continue to operate if it
   causes any actual third-adjacent channel interference to:

   (i) The transmission of any authorized broadcast station; or

   (ii) The reception of the input signal of any TV translator, TV booster, FM
   translator or FM booster station; or

   (iii) The direct reception by the public of the off-the-air signals of any
   authorized  broadcast station including TV Channel 6 stations, Class D
   (secondary) noncommercial educational FM stations, and previously authorized
   and  operating  LPFM stations, FM translators and FM booster stations.
   Interference will be considered to occur whenever reception of a regularly
   used signal on a third-adjacent channel is impaired by the signals radiated
   by  the LPFM station, regardless of the quality of such reception, the
   strength of the signal so used, or the channel on which the protected signal
   is transmitted.

   (2) If third-adjacent channel interference cannot be properly eliminated by
   the application of suitable techniques, operation of the offending LPFM
   station shall be suspended and shall not be resumed until the interference
   has been eliminated. Short test transmissions may be made during the period
   of suspended operation to check the efficacy of remedial measures. If a
   complainant refuses to permit the licensee of the offending LPFM station to
   apply  remedial  techniques  which  demonstrably  will  eliminate  the
   third-adjacent channel interference without impairment to the original
   reception, the licensee is absolved of further responsibility for that
   complaint.

   (3) Upon notice by the Commission to the licensee that such third-adjacent
   channel interference is being caused, the operation of the LPFM station
   shall be suspended within three minutes and shall not be resumed until the
   interference  has  been  eliminated or it can be demonstrated that the
   interference is not due to spurious emissions by the LPFM station; provided,
   however, that short test transmissions may be made during the period of
   suspended operation to check the efficacy of remedial measures.

   (b) LPFM stations licensed at locations that satisfy third-adjacent channel
   minimum distance separations. An LPFM station licensed at a location that
   satisfies the third-adjacent channel minimum distance separations set forth
   in § 73.807 is subject to the following provisions:

   (1) Interference complaints and remediation. (i) Such an LPFM station is
   required to provide copies of all complaints alleging that its signal is
   causing third-adjacent channel interference to or impairing the reception of
   the signal of a full power FM, FM translator or FM booster station to such
   affected station and to the Commission.

   (ii) A full power FM, FM translator or FM booster station shall review all
   complaints  it receives, either directly or indirectly, from listeners
   regarding  alleged  third-adjacent  channel interference caused by the
   operations of such an LPFM station. Such full power FM, FM translator or FM
   booster  station  shall  also identify those that qualify as bona fide
   complaints under this section and promptly provide such LPFM station with
   copies of all bona fide complaints. A bona fide complaint:

   (A) Must include current contact information for the complainant;

   (B) Must state the nature and location of the alleged third-adjacent channel
   interference  and  must specify the call signs of the LPFM station and
   affected full power FM, FM translator or FM booster station, and the type of
   receiver involved; and

   (C) Must be received by either the LPFM station or the affected full power
   FM, FM translator or FM booster station within one year of the date on which
   the  LPFM  station  commenced broadcasts with its currently authorized
   facilities.

   (iii) The Commission will accept bona fide complaints and will notify the
   licensee  of the LPFM station allegedly causing third-adjacent channel
   interference to the signal of a full power FM, FM translator or FM booster
   station of the existence of the alleged interference within 7 calendar days
   of the Commission's receipt of such complaint.

   (iv) Such an LPFM station will be given a reasonable opportunity to resolve
   all complaints of third-adjacent channel interference within the protected
   contour of the affected full power FM, FM translator or FM booster station.
   A complaint will be considered resolved where the complainant does not
   reasonably cooperate with an LPFM station's remedial efforts. Such an LPFM
   station also is encouraged to address all other complaints of third-adjacent
   channel interference, including complaints based on interference to a full
   power FM, FM translator or FM booster station by the transmitter site of the
   LPFM  station at any distance from the full power, FM translator or FM
   booster station.

   (v) In the event that the number of unresolved complaints of third-adjacent
   channel interference within the protected contour of the affected full power
   FM, FM translator or FM booster station plus the number of complaints for
   which the source of third-adjacent channel interference remains in dispute
   equals at least one percent of the households within one kilometer of the
   LPFM transmitter site or thirty households, whichever is less, the LPFM and
   affected stations must cooperate in an “on-off” test to determine whether
   the third-adjacent channel interference is traceable to the LPFM station.

   (vi) If the number of unresolved and disputed complaints of third-adjacent
   channel interference within the protected contour of the affected full
   power, FM translator or FM booster station exceeds the numeric threshold
   specified in paragraph (b)(1)(v) of this section following an “on-off” test,
   the affected station may request that the Commission initiate a proceeding
   to  consider  whether  the  LPFM station license should be modified or
   cancelled, which will be completed by the Commission within 90 days. Parties
   may seek extensions of the 90-day deadline consistent with Commission rules.

   (vii)  An  LPFM  station may stay any procedures initiated pursuant to
   paragraph (b)(1)(vi) of this section by voluntarily ceasing operations and
   filing an application for facility modification within twenty days of the
   commencement of such procedures.

   (2) Periodic announcements. (i) For a period of one year from the date of
   licensing of a new LPFM station that is constructed on a third-adjacent
   channel  and  satisfies  the  third-adjacent  channel minimum distance
   separations set forth in § 73.807, such LPFM station shall broadcast periodic
   announcements. The announcements shall, at a minimum, alert listeners of the
   potentially affected third-adjacent channel station of the potential for
   interference, instruct listeners to contact the LPFM station to report any
   interference, and provide contact information for the LPFM station. The
   announcements shall be made in the primary language(s) of both the new LPFM
   station and the potentially affected third-adjacent channel station(s).
   Sample announcement language follows:

   On (date of license grant), the Federal Communications Commission granted
   (LPFM station's call letters) a license to operate. (LPFM station's call
   letters) may cause interference to the operations of (third-adjacent channel
   station's call letters) and (other third-adjacent channel stations' call
   letters).  If  you  are normally a listener of (third-adjacent channel
   station's call letters) or (other third-adjacent channel station's call
   letters) and are having difficulty receiving (third-adjacent channel station
   call letters) or (other third-adjacent channel station's call letters),
   please contact (LPFM station's call letters) by mail at (mailing address) or
   by telephone at (telephone number) to report this interference.

   (ii) During the first thirty days after licensing of a new LPFM station that
   is constructed on a third-adjacent channel and satisfies the third-adjacent
   channel minimum distance separations set forth in Section 73.807, the LPFM
   station must broadcast the announcements specified in paragraph (b)(2)(i) of
   this section at least twice daily. The first daily announcement must be made
   between  the hours of 7 a.m. and 9 a.m., or 4 p.m. and 6 p.m. The LPFM
   station must vary the time slot in which it airs this announcement. For
   stations that do not operate at these times, the announcements shall be made
   during the first two hours of broadcast operations each day. The second
   daily announcement must be made outside of the 7 a.m. to 9 a.m. and 4 p.m.
   to 6 p.m. time slots. The LPFM station must vary the times of day in which
   it broadcasts this second daily announcement in order to ensure that the
   announcements air during all parts of its broadcast day. For stations that
   do not operate at these times, the announcements shall be made during the
   first two hours of broadcast operations each day. For the remainder of the
   one year period, the LPFM station must broadcast the announcements at least
   twice per week. The announcements must be broadcast between the hours of 7
   a.m. and midnight. For stations that do not operate at these times, the
   announcements  shall  be  made during the first two hours of broadcast
   operations each day.

   (iii) Any new LPFM station that is constructed on a third-adjacent channel
   and satisfies the minimum distance separations set forth in § 73.807 must:

   (A) notify the Audio Division, Media Bureau, and all affected stations on
   third-adjacent channels of an interference complaint. The notification must
   be made electronically within 48 hours after the receipt of an interference
   complaint by the LPFM station; and

   (B) cooperate in addressing any third-adjacent channel interference.

   [ 78 FR 2104 , Jan. 9, 2013]

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