§ 73.853   Licensing requirements and service.

   (a) An LPFM station may be licensed only to:

   (1) Nonprofit educational organizations and upon a showing that the proposed
   station will be used for the advancement of an educational program; and

   (2)  State and local governments and non-government entities that will
   provide non-commercial public safety radio services.

   (3) Tribal Applicants, as defined in paragraph (c) of this section that will
   provide non-commercial radio services.

   (b) Only local organizations will be permitted to submit applications and to
   hold authorizations in the LPFM service. For the purposes of this paragraph,
   an organization will be deemed local if it can certify, at the time of
   application, that it meets the criteria listed below and if it continues to
   satisfy the criteria at all times thereafter.

   (1) The applicant, its local chapter or branch is physically headquartered
   or has a campus within 16.1 km (10 miles) of the proposed site for the
   transmitting antenna for applicants in the top 50 urban markets, and 32.1 km
   (20 miles) for applicants outside of the top 50 urban markets;

   (2) It has 75% of its board members residing within 16.1 km (10 miles) of
   the proposed site for the transmitting antenna for applicants in the top 50
   urban markets, and 32.1 km (20 miles) for applicants outside of the top 50
   urban markets; or

   (3) In the case of any applicant proposing a public safety radio service,
   the applicant has jurisdiction within the service area of the proposed LPFM
   station.

   (4) In the case of a Tribal Applicant, as defined in paragraph (c) of this
   section, the Tribal Applicant's Tribal lands, as that term is defined in
   § 73.7000, are within the service area of the proposed LPFM station.

   (c) A Tribal Applicant is a Tribe or an entity that is 51 percent or more
   owned or controlled by a Tribe or Tribes. For these purposes, Tribe is
   defined as set forth in § 73.7000.

   [ 65 FR 7640 , Feb. 15, 2000, as amended at  73 FR 3216 , Jan. 17, 2008;  78 FR 2107 , Jan. 9, 2013]

   return arrow Back to Top