§ 73.850   Operating schedule.

   (a) All LPFM stations will be licensed for unlimited time operation, except
   those stations operating under a time sharing agreement pursuant to § 73.872.

   (b) All LPFM stations are required to operate at least 36 hours per week,
   consisting of at least 5 hours of operation per day on at least 6 days of
   the week; however, stations licensed to educational institutions are not
   required  to  operate  on Saturday or Sunday or to observe the minimum
   operating requirements during those days designated on the official school
   calendar as vacation or recess periods.

   (c) All LPFM stations, including those meeting the requirements of paragraph
   (b) of this section, but which do not operate 12 hours per day each day of
   the year, will be required to share use of the frequency upon the grant of
   an appropriate application proposing such share time arrangement. Such
   applications must set forth the intent to share time and must be filed in
   the same manner as are applications for new stations. Such applications may
   be filed at any time after an LPFM station completes its third year of
   licensed  operations.  In cases where the licensee and the prospective
   licensee are unable to agree on time sharing, action on the application will
   be taken only in connection with a renewal application for the existing
   station filed on or after June 1, 2019. In order to be considered for this
   purpose,  an application to share time must be filed no later than the
   deadline  for  filing petitions to deny the renewal application of the
   existing licensee.

   (1) The licensee and the prospective licensee(s) shall endeavor to reach an
   agreement for a definite schedule of periods of time to be used by each.
   Such agreement must be in writing and must set forth which licensee is to
   operate on each of the hours of the day throughout the year. Such agreement
   must not include simultaneous operation of the stations. Each licensee must
   file the same in triplicate with each application to the Commission for
   initial construction permit or renewal of license. Such written agreements
   shall become part of the terms of each station's license.

   (2) The Commission desires to facilitate the reaching of agreements on time
   sharing. However, if the licensees of stations authorized to share time are
   unable to agree on a division of time, the prospective licensee(s) must
   submit  a  statement with the Commission to that effect filed with the
   application(s) proposing time sharing.

   (3) After receipt of the type of application(s) described in paragraph
   (c)(2) of this section, the Commission will process such application(s)
   pursuant to § § 73.3561 through 73.3568 of this Part. If any such application
   is not dismissed pursuant to those provisions, the Commission will issue a
   notice to the parties proposing a time-sharing arrangement and a grant of
   the time-sharing application(s). The licensee may protest the proposed
   action,  the prospective licensee(s) may oppose the protest and/or the
   proposed  action,  and  the  licensee may reply within the time limits
   delineated in the notice. All such pleadings must satisfy the requirements
   of Section 309(d) of the Act. Based on those pleadings and the requirements
   of Section 309 of the Act, the Commission will then act on the time-sharing
   application(s) and the licensee's renewal application.

   (4)  A departure from the regular schedule set forth in a time-sharing
   agreement will be permitted only in cases where a written agreement to that
   effect is reduced to writing, is signed by the licensees of the stations
   affected thereby, and is filed in triplicate by each licensee with the
   Commission, Attention: Audio Division, Media Bureau, prior to the time of
   the proposed change. If time is of the essence, the actual departure in
   operating schedule may precede the actual filing of the written agreement,
   provided that appropriate notice is sent to the Commission in Washington,
   DC, Attention: Audio Division, Media Bureau.

   [ 65 FR 7640 , Feb. 15, 2000, as amended at  78 FR 2106 , Jan. 9, 2013]

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