HOW TO APPLY FOR A BROADCAST STATION
For the benefit of visitors to our web site, here is an overview of how broadcast stations are regulated in the United States, and the procedure for applying for a new station.
Who May Apply
Any qualified citizen, company or group may apply to the Federal Communications Commission (FCC) for authority to construct an AM radio, FM radio or TV station.
Basic Requirements
Licensing of broadcast facilities is prescribed by the Communications Act of 1934, as amended, which sets certain basic requirements. In general, applicants must satisfy the FCC that they are legally, technically and financially qualified, and that operation of the proposed station would be in the public interest.
Heavy Demand for New Broadcast Stations
Potential applicants for radio and television services should be aware that frequencies for these services are always in heavy demand. For example, in 1999, the Commission received well over 30.000 inquiries from persons seeking to start radio broadcast stations. Where broadcast frequencies are still available, competing applications can be expected, especially in medium to large markets. Thus, you are cautioned at the outset that the filing of an application does not guarantee that you will receive a broadcast station construction permit. You should also be aware that in many areas of the country, no frequencies may be available on which a new station could commence operating without causing prohibited interference to existing stations. For that reason, we do not recommend that you purchase any equipment or make any financial or contractual commitments before receiving a construction permit from the FCC.
Expansion of the AM or FM radio bands is unlikely to occur in the near future. The FM band is constrained from expanding above 107.9 MHz by the presence of aeronautical operations on 108 MHz to 136 MHz, and is also prevented from expanding below 88.1 MHz by Channel 6 television operations on 82 through 88 MHz. The AM band was recently expanded from 1600 to 1700 kHz after years of international negotiations; however those frequencies are presently reserved only for existing stations that were causing significant interference in the lower part of the band. At the present time, the FCC is not giving consideration to opening new frequencies on other bands for broadcasting.
Unlicensed Operation Prohibited
A very commonly asked question is whether broadcasting at very low power requires a license. Please be aware that unlicensed operation of radio broadcast stations is prohibited, even at low power, such as 1 watt or less. The only unlicensed operation that is permitted on the AM and FM broadcast bands, referred to as "carrier current", is covered under Part 15, Subpart C of the FCC's rules, and is limited to a coverage radius of approximately 200 feet. Unlicensed operation is also not permitted in the television bands (including 87.9 MHz, which falls within the 82 to 88 MHz Channel 6 television band). Fines and/or criminal prosecution may result from illegal operation of an unlicensed station.
Legal and Engineering Assistance in the Preparation of Construction Permit Applications
Most applicants retain legal counsel and broadcast engineering consultants to perform frequency searches and help prepare the legal and technical portions of construction permit applications. Many of these services advertise on the Internet and in trade publications. You must decide which services best suit your needs. Please be aware that the FCC cannot tell you whether a frequency will be available in a particular location, or help in the preparation of applications (except for questions of a general nature).
Access to a Computer is Essential
The Commission is rapidly moving toward electronic filing of its applications and the elimination of paper forms. This procedure has several advantages, including error checking of application entries before an application is accepted for filing, more rapid posting of data, and reduced processing time. However, at some future date, you will not be able to file paper forms when applying for a broadcast station construction permit. At that time, electronic filing will be mandatory.
Application Filing Fees
For commercial AM, FM, and TV broadcast station applications, filing fees must be paid with the submission of any application. These fees are detailed in the Mass Media Bureau Fee Filing Guide. Those applying for noncommercial educational stations do not have to pay a filing fee. Also, Low Power FM (LPFM) applicants will not have to pay a filing fee since the stations will be licensed as noncommercial educational.
FCC Application Forms
FCC application forms may be retrieved through the Internet, by calling the FCC Forms line at 202-418-3676 and leaving the form number and address on the answering machine provided for that purpose, or by writing to:
Federal Communications Commission
Forms Distribution Center
2803 52nd Avenue
Hyattsville, MD 20817
and requesting the appropriate form (e.g., FCC Form 340). Potential applicants for LPFM stations should be aware that the application for such stations is presently under development and is not yet available.
Broadcast applications must be submitted in triplicate, with the appropriate application filing fee attached, if required. (See the Mass Media Fee Filing Guide for fee information).
FCC Rules
Full details of the licensing procedure and station operation are in Part 1 of the FCC rules, "Practice and Procedure", Part 73, "Radio Broadcast Services", and Part 74 "Experimental Radio, Auxiliary, Special Broadcast and other Program Distributional Services." Any FCC rule may be retrieved at the Code of Federal Regulations site. Parts 70 to 79 of the Code of Federal Regulations, which contains the radio and television broadcast station rules in Part 73 and the FM and TV translator rules in Part 74, may also be obtained in book form from the Government Printing Office, 202-512-1800.
The FCC has posted the AM and FM radio broadcast station rules on the Internet. Locate FM translator station rules (Part 74).
The new Low Power FM rules are available in MS Word Form.
Mutually Exclusive Commercial Auctions
Where conflicts occur between mutually exclusive commercial applicants (that is to say, where interference would be created between applicants were all applications to be granted), the conflict will be resolved by means of an auction. The auction process was mandated by Congress and the President in the Telecommunications Act of 1996, and is presently being implemented. Construction permit awardees had previously been decided through a comparative hearing, held at the FCC in Washington, D.C., presided by an FCC administrative law judge.
A11 fees and auction payments collected by the FCC are directed to the U.S. Treasury. Information about the auction process is available on the Internet.
Mutually Exclusive Educational Applications
Noncommercial educational station conflicts between mutually exclusive applications (where interference would be created between applicants were all applications to be granted) are presently not being decided by auctions. The Commission is formulating new procedures in MM Docket 95-31 to decide conflicts between noncommercial educational applicants. Until the new procedures are implemented, all mutually exclusive applications for educational stations will be held in abeyance. You may read the latest documents in this proceeding on the FCC site. Enter 95-31 in the Proceeding field.
Mutually Exclusive LPFM Applications.
In situations where mutually exclusive LPFM station applications in an area are filed, the FCC will evaluate all applicants based on a point system. Points will be awarded based on community presence, proposed hours of operation, and proposed hours of locally originated programming. The applicant with the highest number of points will be awarded the license. If there is a tie among two or more applicants, the situation will be resolved either by settlement, in which applicants voluntarily withdraw their applications, or by a time-share agreement among the tied applicants. If a tie is not resolved though either of these methods, up to eight tied applicants will be awarded successive license terms of at least one year over a total period of eight years.
AM Stations
AM stations occupy the frequencies of 540 kHz to 1700 kHz. These stations are allocated on a non?interference basis. To be acceptable, an application for a new AM broadcast station must show that no interference will be caused to other U.S. and foreign AM stations on the same frequency or, on the adjacent channels (out to 30 kHz above or below the desired frequency (see 47 CFR 73.37)). Applications must also consider the second harmonic frequency and intermediate frequency relationships per 47 CFR 73.182(s) (for example 2 x 800 kHz = 1600 kHz for the second harmonic relationship; or 800 kHz + 455 kHz IF frequency could affect reception on 1250 and 1260 kHz). In general, these complex engineering analyses require specialized knowledge and software, and are best performed by broadcast engineering consultants.
Rules
AM station rules include 47 CFR 73.1 through 73.190, and 73. 1001 through 73.5009.
Form to Use, Application Filing Fee
Applications for new AM broadcast stations must be filed on FCC Form 301 for commercial stations or FCC Form 340 for noncommercial educational stations.
Commercial applicants must include the new station application filing fee listed in the Mass Media Bureau Fee Filing Guide and include FCC Form 159 with the fee payment and application. Please note that commercial applications must be directed to the Pittsburgh, PA address listed in the Mass Media Bureau Fee Filing Guide, and NOT the FCC in Washington, DC.
Locate additional Information about AM broadcast stations and applications.
NOTICE: THE FCC IS NOT ACCEPTING APPLICATIONS FOR NEW AM BROADCAST STATIONS AT THE PRESENT TIME. The Mass Media Bureau will announce a filing window period at intervals during which new station applications and major change applications may be filed. Filing window announcements will be made via public notice, and notice will also be posted at several locations on the Commission's Internet Web site (including the Audio Services Division's main page at-NEWSBOX).
FM Commercial Stations
FM commercial stations may be authorized on 92.1 MHz to 107.9 MHz, corresponding to Channels 221 through 300. Noncommercial educational FM stations may also be authorized in this band but such applications must meet the spacing, city coverage, and other technical criteria applicable to commercial stations.
Classes of FM Stations
The Commission authorizes seven classes of commercial FM stations; Classes A, B1, B, C3, C2, C1 and C. The maximum power for a Class A station is 6000 watts; Classes B1 and C3, 25,000 watts; Classes B and C2, 50,000 watts; Classes C1 and C, 100,000 watts. The minimum power authorized for a commercial station is 100 watts. The power, antenna height and station separations are governed by the station class and the zone in which the station is located.
Rules
FM commercial station rules include 47 CFR 73.201 through 73.333, and 73. 1001 through 73.5009. View these rules or obtain them from the Government Printing Office at the location listed in the Introduction above.
Allotment Required for FM Commercial Stations
An allotment must be created before applications can be accepted for commercial FM stations. The allotment is a set of reference coordinates which meet the spacing requirements to other U.S., Canadian, and Mexican stations. These spacing requirements are contained in rule section 47 CFR 73.207. The allotment coordinates must also provide for a minimum signal strength of 70 dBu over 100% of the area of the community of license, using the maximum reference effective radiated power and antenna height for the FM station class.
As FM commercial allotments are adopted by the Commission, they are added to the Table of Allotments (47 CFR 73.202). Read the orders adopting these new allotments. For each new allotment, an application filing window will be opened, during which applications on FCC Form 301 must be filed.
Applicants may petition the Commission to add new FM commercial allotments. There is no form on which a petition for rulemaking must be filed. Each petition should contain:
1. the community of license for which the channel is sought;
2. the frequency or channel;
3. a set of reference coordinates proposed for the allotment (latitude and longitude);
4. and an expression of interest in applying for the channel, if it is allocated.
Only proposed allotments which meet the spacing and city coverage criteria will be put out for public comment. Other parties will then have an opportunity to file comments or counterproposals to the proposed allotment.
Petitions for rulemaking for new allotments should be directed (in triplicate) to the attention of the Allocations Branch, Room 3 A320, c/o Office of the Secretary TW B204, FCC, 445 12th Street NW, Washington, DC 20554.
Once the comment period is closed, the Commission will then make new allotments in keeping with its existing procedures. No finders' preference is made either at the allotment rulemaking or at the application stage.
Form to Use, Application Filing Fee
Once the auction filing window dates are announced for allotments which were created previously, instructions for filing applications will be released on a Public Notice, which will also be placed on the FCC's Internet site. While exact procedures for the window and auction are not yet in place, you may find it helpftil to examine FCC Form 301 to see what sort of information will likely be required. Competing applications received during the application filing window will be set for auction, with the highest bidder receiving the construction permit for that allotment.
Read additional Information about FM broadcast stations and applications.
NOTICE: THE FCC IS NOT ACCEPTING APPLICATIONS FOR NEW FM COMMERCIAL BROADCAST STATIONS AT THE PRESENT TIME, NOR ARE APPLICATION FILING WINDOW DATES BEING ANNOUNCED.
The Mass Media Bureau will announce a filing window period at intervals during which new station applications and major change applications may be filed. Filing window announcements will be made via public notice, and notice will also be posted at several locations on the Commission’s Internet Web site, (including the Audio Services Division's main page). The FCC is still accepting petitions for rulemaking to allot new FM frequencies at this time.
FM Noncommercial Educational Stations
FM noncommercial commercial stations may be authorized on 88.1 MHz to 91.9 MHz, corresponding to Channels 201 through 220, which is referred to as the "reserved band." No commercial operation is permitted on these frequencies. FM noncommercial educational stations may also be authorized in the commercial FM band under the technical rules applying to that service (see the preceding section). Field stength contours are used to determine if a noncommercial educational FM station on the reserved band would cause interference to other stations on the reserved band (see 47 CFR 73.509).
Rules
FM noncommercial educational station rules include 47 CFR 73.501 through 73.599, and 73. 1001 through 73.4280. A number of rules also refer to sections in the commercial FM rules (47 CFR 73.201 to 73.333).
No allotment; no contour overlap
For noncommercial educational stations on Channels 201 through 220, a petition for rulemaking to allot a channel is not required. Allocation is made simultaneously with the grant of an application. However, if it is desired to apply for a noncommercial station to operate on the commercial band, the applicant must first submit a petition for rulemaking to allot the channel, as for a commercial FM station. Applicants must assure that their proposed facilities will not cause interference to other stations. Interference calculations for Channels 201 through 200 are made using specified signal strength contours, where protected service contours (think of a rough circle at some distance from the transmitter site) for one station generally cannot overlap the interfering contours for another station, and vice versa (see rule section 47 CFR 73.509). Applicants must also protect previously filed cutoff applications, which means that the earlier application has been found by the staff to be acceptable and that application is protected from the filing of competing applications after the "A" cutoff date.
Application Cutoff Procedure
The Commission examines a new station application and, if it is acceptable and not in conflict with other proposals, place it on an "A" cutoff public notice. This public notice establishes a date by which any competing applications must be filed. Once the "A" date is passed, the Commission will examine any conflicting applications that were filed and places those applications on a "B" list. The "B" cutoff date establishes the last date by which petitions to deny or minor amendments to any of the conflicting applications can be filed.
Please note that once the "A" cutoff date is past, any timely filed "B" applicants are protected from conflicts with applications filed after the "A" cutoff date, even if that later application does not conflict with the original "A" cutoff application.
Conflicting cutoff noncommercial educational applications are presently being held in abeyance while the Commission decides what criteria should be used to grant a construction permit to one (or more) applicants in a mutually exclusive (conflicting) application group.
Cutoff public notices are available.
Form to Use
FCC Form 340 for noncommercial educational stations must be used to apply for this type of FM station. Since no application filing fee is involved, these applications must be filed (in triplicate) with the Office of the Secretary, Room TW B204, 445 12th Street SW, Washington, DC 20554.
Read additional information about FM noncommercial educational broadcast stations may be reviewed.
Low Power FM Noncommercial Educational Stations
On January 20, 2000 the Commission adopted a Report and Order in MM Docket 99?25, thereby creating a new service of low power FM stations that can be licensed to noncommercial educational entities. Commercial operation of LPFM stations will not be permitted. The new low power FM rules are set to become effective on April 17, 2000. See the Report and Order, (MS Word version). Maximum effective radiated power for LPFM stations is capped at 100 watts (0. 100 kW), which (absent interference) will cover a radius of approximately 3.5 miles (5.6 km). A construction permit or license from the FCC is required before construction or operation of a LPFM station can begin. SEE EVANS' WEB PAGE for more information on LPFM.
The FCC is in the process of creating application forms and other information to assist interested parties with the application process. It is anticipated that the first applications will be filed in May 2000 (exact dates uncertain at this time). Applications will only be permitted to be filed within a five day application window filing period, which will be announced 30 days before the window opens. As the text of the Report and Order, application forms, and other material becomes available, links to that information will be promptly posted at the ASD's NEWSBOX. No waiting list of interested parties or applicants is being maintained, and no application may be filed prior to the opening date of the application filing window.
FM Translator Stations
FM translator stations rebroadcast existing FM stations to small areas
Noncommercial educational FM translators may be authorized on any frequency, while FM translators re-broadcasting commercial stations must stay on frequencies from 92.1 MHz to 107.9 MHz (Channels 221 to 300). Translator stations are prohibited from transmitting any programming not also transmitted on the originating or primary station at the same time.
Form to Use, Application Filing Fee
FCC Form 345 for translator stations must be used to apply for this type of FM station. Commercial applicants must include the new station application filing fee listed in the Mass Media Bureau Fee Filing Guide and include FCC Form 159 with the fee payment and application. Please note that commercial applications must be directed to the Pittsburgh, PA address listed in the Mass Media Bureau Fee Filing Guide, and NOT the FCC in Washington, DC. Competing applications will be set for auction, with the highest bidder receiving the construction permit for that allotment.
Noncommercial applicants are not required to submit the application filing fee. Noncommercial FM translator applications for new stations must be filed (in triplicate) with the Office of the Secretary, Room TW B204, FCC, 445 12th Street SW, Washington, DC 20554.
NOTICE: APPLICATIONS FOR NEW COMMERCIAL OR NONCOMMERCIAL EDUCATIONAL TRANSLATORS WHICH SPECIFY CHANNELS 221 THROUGH 300 MAY NOT BE FILED AT THE PRESENT TIME. ONLY NONCOMMERCIAL EDUCATIONAL APPLICATIONS FOR NEW TRANSLATORS ON CHANNELS 201 THROUGH 220 MAY BE FILED. The Mass Media Bureau will announce a filing window period at intervals during which new station applications and major change applications may be filed. Filing window announcements will be made via public notice.
Rules, Additional Information About FM Translator Stations
View rules for FM translator stations. Translator rules may also be obtained from the Government Printing Office at the location listed in the Introduction above. FM translator rules include 47 CFR 74.1201 through 74.1290, and there are numerous references to rules in Part 73.
Read additional information about FM translators.
Television Stations
Television in the United States is allocated through a Table of Allotments (47 CFR 73.606), just as commercial FM allotments are made. However, television is in the midst of a conversion to digital transmissions. Currently, each television station has been temporarily assigned a second TV channel on which to broadcast its digital signal, while the original channel continues broadcasting the analog signal. At some future date, the TV broadcaster must give up the second channel. Total conversion to digital operation is not expected to be completed until the year 2006.
No new station application may be filed
Until the conversion to digital TV broadcasting is complete, the Commission is not accepting applications for new television stations.
Auctions will be required
Once applications for new television stations begin to be accepted by the Commission at some future date, these applications will be subject to broadcast auctions, with the possible exception of those few allotments specifically reserved for noncommmercial educational television use.
Rules
Television rules are covered in 47 CFR 73.601 to 73.699, and 47 CFR 73. 1001 to 73.5009. These rules may be also be retrieved from the Government Printing Office at the location listed in the Introduction above.
Low Power Television (LPTV) And Television Translator Stations
A Low Power Television (LPTV) station operates with less than 150 KW of power on Channels 14 through 69, or 3 KW on Channels 2 through 13. A LPTV may broadcast material independent of any television station. A television translator station merely rebroadcasts the programming of an existing television station.
Form to Use, Filing Window
An application filing window will periodically be announced during which interested parties may submit applications. Applicants will be required to use FCC Form 346, application for construction permit, when filing.
Rules
LPTV and television translator rules are covered in 47 CFR 74.701 through 74.784. There are numerous references to the television rules in Part 73. View these rules. or they may be obtained from the Government Printing Office at the location listed in the Introduction above.
Buying an Existing Station
If you are considering purchasing a broadcast station, you should either contact the current owner of the station directly, or negotiate a sale through a station broker. The FCC does not keep a list of stations potentially for sale, nor does it participate in negotiations of the sales contract.
After you have found a station for sale, and have signed a contract to purchase the station, FCC Form 314 (Application for Consent to Assignment of Broadcast Construction Permit or License) must be submitted within 30 days accompanied by the appropriate application filing fees. Applicants who apply to purchase a station may not take over operation until the FCC approves the application to purchase the station. Once the application is approved, the buyer must submit a letter of consummation within 90 days of the grant. FCC Form 323 (Ownership Report for commercial stations) or FCC Form 323?E (Ownership Report for Noncommercial Educational stations) must also be submitted within 90 days of the grant. FCC Form 315 (Application for Consent to Transfer of Control of Corporation Holding Broadcast Station Construction Permit or License) must be submitted when a controlling block of shares of a broadcasting company is transferred to a new entity or an individual. There is also a FCC Form 316 (Application for Consent to Assignment or Transfer of Control) which is used when a station is involuntarily transferred, such as to a trustee in bankruptcy. FCC Form 316 is also used for Pro Forma (changes in form, not substance) assignments and transfers, such as a sale from a person to a corporation controlled by that person.
Applicants Must Give Local Public Notice
All applicants for new broadcast stations must give local notice in a newspaper of general circulation in the community in which the station is to be licensed. They must also afford an opportunity for the public to file comments on these applications with the Commission. Copies of the application must be maintained in the station's public files or at a location accessible to the public in the community where the station is proposed, i.e. public library, post office. Licensees who submit a license renewal application must give local public notice of the filing by broadcasting announcements over their stations. See rule section 47 CFR 73.3580.
Construction Periods and License Terms
When an application is granted, either by bureau staff decision or as a result of an auction, there is a specified period of time given the grantee for completing the construction of the station. An original construction permit for a new TV, AM, FM, low power TV, TV translator, or FM translator, or for modification of an existing station, is effective for three years from the date of issuance. The grantee is expected to construct the facility, begin program testing, and file an application for license within that time period, unless construction is delayed by an act of God, an administrative or judicial review by the FCC, or an action of a court of competent jurisdiction relating to the construction or operation of the station. A construction permit for a Low Power FM station will be effective for 18 months from the date of issuance.
The licenses for all radio and TV broadcast stations, low power FM, low power TV, and TV and FM translators are renewed for a period of 8 years.
Questions?
There are many more issues, both regulatory and technical, that need to be considered when applying for new broadcast stations or modifications of existing stations. If you have a question that is not covered here or elsewhere on our web site, please send Ben Evans.
Questions of a legal nature are best answered by a communications attorney. We can provide you with the names and phone numbers of reputable communications law firms. Evans Associates does not accept finder's fees for client referrals.
For more information please contact:
Evans Associates
210 South Main Street
Thiensville, Wisconsin 53092
(262)242-6000
fax: (262)242-6045
http://www.evansassoc.com
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