In the following sections, we provide some basic information about radio and
television stations and the related application processes.
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, the
Commission received approximately 30,000 inquiries from
persons seeking to start radio broadcast stations last year. When
application filing window periods open for new stations, many competing
applications are filed. Therefore, you should be aware 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
interference to existing stations, in violation of FCC rules. For that
reason, we do not recommend that you purchase any equipment 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 82.0 through
88.0 MHz. The AM band was recently expanded from 1600 to 1700 kHz after years
of international negotiations, however those frequencies are reserved for
existing stations which were causing significant interference in the lower
part of the band.
Unlicensed Operation Is Prohibited.
A very common question asked to the FCC is whether broadcasting at very low power
requires a license. Please be aware that unlicensed operation of radio
broadcast stations is prohibited, even at such low powers such as 1 watt or
less. The only unlicensed operation that is permitted on the AM and FM
broadcast bands is covered under Part 15 of the FCC's rules, and is limited to
a coverage radius of approximately 200 feet. (See the Commission's July 24, 1991 Public Notice.) Unlicensed operation is not permitted in the television
bands (including 87.9 MHz, which falls within the 82.0 to 88.0 Channel 6
television band). Fines and/or criminal prosecution may result from illegal
operation of an unlicensed station (see
recent enforcement actions).
Legal and Engineering Assistance in the Preparation
of Construction Permit Applications for Licensed Stations. 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. The FCC does not maintain a list of or
recommend any particular legal services or broadcast engineering consultants,
but we note that many of these services do 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 implementing 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.
Construction permit applications, for example, must now be electronically filed;
paper-filed applications will not be accepted for filing.
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 Media
Bureau Fee Filing Guide, which may be retrieved through the Internet at
http://www.fcc.gov/fcc-bin/audio/appfees.html.
FCC Application Forms. FCC
application forms may be retrieved through the Internet at http://www.fcc.gov/formpage.html,
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). Broadcast
application forms available for electronic filing may be retrieved through http://www.fcc.gov/mb/elecfile.html. Please
be aware that the availability of paper vesions of the form at these locations does
not override the requirement for electronic filing of most applications.
FCC Rules.
Any FCC rule may be retrieved at the Code of Federal Regulations site at
http://www.gpoaccess.gov/cfr/index.html. 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, 866-512-1800.
For your convenience, we have compiled the radio broadcast station rules on
the Internet at http://www.fcc.gov/fcc-bin/audio/amfmrule.html. FM translator station
rules may be retrieved at http://www.fcc.gov/fcc-bin/audio/part74rule.html. These rule lists are updated
once a year, after the Code of Federal Regulations website is updated to reflect rule changes
from the previous year.
Mutually Exclusive Commercial Auctions.
Where conflicts occur between mutually exclusive commercial applicants (that
is to say, where interference would be created between applicants if all
applications were 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 Balanced Budget Act of 1997.
Information about the auction process is available on the Internet at http://wireless.fcc.gov/auctions/
(see also the general information about auctions).
Please note that we cannot provide advance information as to when an auction or application
filing window for a particular service might be opened. However, notice of
an auction proceeding or an application filing window period will be posted in the
Headlines at the Media Bureau website.
Mutually Exclusive Noncommercial Educational
Applications. Noncommercial educational station conflicts with
other timely filed noncommercial educational applicants (i.e., where interference
would be created between stations if all applications were to be granted) will be
resolved through a point system. The point system is described
in the Report and Order in MM Docket 95-31, FCC 00-120, released
April 21, 2000 [ PDF |
Word |
txt ]. See also
the Memorandum Opinion and Order, MM Docket 95-31,
FCC 01-64, released February 28, 2001
[ PDF |
Word |
txt ],
[ Appendix D (PDF);
Appendix D (Word) ]. See alsoSections 73.7000 through 73.7005.
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. These rules may be
retrieved at http://www.fcc.gov/fcc-bin/audio/amfmrule.html or obtained from the
Government Printing Office at the location listed in the Introduction
above.
Form to Use, Application Filing Fee.
Applications for new AM broadcast stations must be electronically filed on FCC Form 301
during a specified application window period. Noncommercial educational applicants
should also use FCC Form 301. Commercial applicants must include the new station application filing fee
listed in the Media Bureau Fee Filing Guide
and include FCC Form 159 with
the fee payment and application. Please note that payments for commercial applications
not paid online must be directed to the lockbox address, and NOT the FCC in Washington, DC.
NOTICE: THE FCC IS NOT ACCEPTING APPLICATIONS
FOR NEW AM BROADCAST STATIONS AT THE PRESENT TIME.
The 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 Division's
main page at http://www.fcc.gov/mb/audio/index.html#HEADLINES).
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.
Rules.
FM commercial station rules include
47 CFR 73.201 through 73.333, and 73.1001 through 73.7005. These rules may be
retrieved at http://www.fcc.gov/fcc-bin/audio/amfmrule.html or obtained from the
Government Printing Office at the location listed in the Introduction
above. New rules in effect as of January 19, 2007 prescribe
new procedures for the filing of petitions for rulemaking and applications for new commercial
FM stations (see the Report and Order in MB Docket 05-210, FCC 06-163, 21 FCC Rcd 14212
(2006), 71 FR 76208 (December 20, 2006)
[ PDF | Word ]). An applicant/petitioner
seeking to apply for a new allotment must:
Electronically file FCC Form 301, application for construction permit, for specific
allotment proposed by the petitioner. This application must be complete and acceptable.
The applicant must pay the rulemaking fee as well as the application filing fee
listed in the Media Bureau Fee Filing Guide
and include FCC Form 159 with
the fee payment and application. Please note that payments for commercial applications
not made online must be directed to the ,a href='http://www.fcc.gov/fees/lockbox.html'
>lockbox address, and NOT the FCC in Washington, DC.
On the same day as the Form 301 is filed, file a petition for rulemaking on letter-sized paper
(an original and two copies) through the Office of the Secretary, FCC. The petition
must include the proposed new channel, class, and
the community to be served. The proposed new allotment must meet the spacing requirements of
Section 73.207 of the
Commission's rules to other stations, prior-filed applications, and vacant
allotments, and provide at least a 70 dBu signal strength over the entire community of license.
The petition and application must cross-reference each other, so that we can associate the
two related filings.
We will then consider the merits of the petition for rulemaking. If the petition for
rulemaking is technically acceptable, the Bureau will release a Notice of Proposed
Rulemaking which will indicate the date by which interested parties may file comments
or counterproposals. If approved, an FM allotment will
be created and placed in a future FM broadcast auction proceeding. The petitioner/applicant must, at a
minimum, qualify to bid in the auction. If
the applicant is the successful bidder for the allotment, the previously filed Form 301 construction
permit application will become the applicant's post-auction long-form construction permit application.
Petitions for rulemaking for new allotments should be directed (in triplicate)
to the attention of the Audio Division (MB), c/o Office of the
Secretary, TW B204, FCC, 445 12th Street NW, Washington, DC 20554.
The Commission
has posted an allotment finder
program for commercial FM allotments that may help you identify potentially available channels
at a given location. Please note that there is NO finder's preference awarded for
proposing new or modified FM allotments.
Auctions. Once
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
at http://www.fcc.gov/mb/audio/.
We cannot provide advance information as to when the next
auction or application filing window might take place. (General information about auctions.)
FM noncommercial commercial
stations may be authorized on 88.1 MHz to 91.9 MHz, corresponding to Channels 201
through 220. 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). Contour protection is used to determine if interference will exist to
other stations (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). These rules may be retrieved at http://www.fcc.gov/fcc-bin/audio/amfmrule.html or obtained from the
Government Printing Office at the location listed in the Introduction above.
No allotment; no contour overlap. For
noncommercial educational stations on Channels 201 through 220, no allotment
will be established. Allocation is made via an on-demand system, with
applicants receiving construction permits for facilities which will not cause
interference to other stations. Interference calculations are made using
specified signal strength contours, where the protected service contour (think of
a rough circle at some distance from the transmitter site) for one station
generally cannot overlap an interfering contour (see rule section 47 CFR 73.509).
Applicants must also protect pending
applications that were filed before the announcement of the application filing
window.
NOTICE: THE FCC IS NOT ACCEPTING APPLICATIONS
FOR NEW FM NONCOMMERCIAL EDUCATIONAL BROADCAST STATIONS AT THE PRESENT TIME.
Future 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 Division's
main page at http://www.fcc.gov/mb/audio/index.html#HEADLINES).
Construction Costs.
The FCC does not collect data concerning the costs of construction and equipment for
noncommercial educational FM stations, but the NTIA has posted a
list of typical costs for
noncommercial educational FM stations on
its Public Telecommunications Facilities Program
website. Costs can vary considerably from the listed values, so caution must be used in applying
these estimates. Applicants and potential applicants should not purchase equipment before receiving
a construction permit from the FCC lest they end up with equipment that they cannot resell or use,
should the application for construction permit not be approved.
Form to Use. FCC Form 340 for
noncommercial educational stations must be used to apply for this type of FM
station. Applicants for noncommercial educational stations pay no application filing
fee. Applications for new noncommercial educational stations must be electronically
filed only during the announced application filing window period.
Additional information about FM noncommercial educational broadcast stations
may be reviewed at http://www.fcc.gov/mb/audio/main/fm.html.
NOTICE: THE FCC IS NOT ACCEPTING APPLICATIONS
FOR NEW LPFM BROADCAST STATIONS AT THE PRESENT TIME.
Applications for new LPFM stations may only be filed during the dates
specified for an application filing window. Applications received at other times will
be returned without consideration. We cannot provide advance information as to when
the next application filing window period may be, but when announcement is made, it
will be posted on the Audio Division home page at
http://www.fcc.gov/mb/audio/index.html#HEADLINES and on the LPFM main page at
http://www.fcc.gov/mb/audio/lpfm/index.html.
Construction Costs.
The FCC does not collect data concerning the costs of construction and equipment for LPFM stations,
but the NTIA has posted a
list of typical costs on
its Public Telecommunications Facilites Program
website. Costs can vary considerably from the listed values, so caution must be used in applying
these estimates. Applicants and potential applicants should not purchase equipment before receiving
a construction permit from the FCC lest they end up with equipment that they cannot resell or use, should
the application for construction permit not be approved.
Additional information about low power FM (LPFM) stations may be reviewed at http://www.fcc.gov/mb/audio/lpfm/index.html.
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 rebroadcasting
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. All translator applications must be electronically filed.
Commercial applicants must include the new station application filing
fee listed in the Media Bureau Fee Filing Guide and include FCC Form 159
with the fee payment and application. Noncommercial applicants are not required
to submit the application filing fee. Competing
applications will be set for auction, with the highest bidder receiving the
construction permit for that allotment. (General information about auctions.)
NOTICE: APPLICATIONS FOR NEW COMMERCIAL
OR NONCOMMERCIAL EDUCATIONAL TRANSLATORS MAY NOT BE FILED AT THE
PRESENT TIME.
The 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 http://www.fcc.gov/mb/audio/index.html#HEADLINES). Please note the we cannot
provide advance information as to when the next application filing window might be.
Rules, Additional Information About
FM Translator Stations. Rules for FM translator stations may be viewed at http://www.fcc.gov/fcc-bin/audio/part74rule.html. 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.
Television in the United States is
allocated through
a Table of Allotments (47 CFR 73.606). 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 2009.
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 (to be announced in a Public Notice),
these applications will be subject to
broadcast auctions, with the possible exception of those few allotments
specifically reserved for noncommmercial educational television use.
(General information about auctions.)
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
retrieved at http://www.gpoaccess.gov/cfr/index.html or obtained from the Government
Printing Office at the location listed in the Introduction above.
Construction Costs.
The FCC does not collect data concerning the costs of construction and equipment for television stations,
but the NTIA has posted a
list of typical costs for a
noncommercial educational (public) television station on
its Public Telecommunications Facilites Program
website. Costs can vary considerably from the listed values, so caution must be used in applying
these estimates. Applicants and potential applicants should not purchase equipment before receiving
a construction permit from the FCC lest they end up with equipment that they cannot resell or use, should
the application for construction permit not be approved.
Low Power Television (LPTV) and TV 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 (via Public Notice) 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. These rules may be retrieved
at http://www.gpoaccess.gov/cfr/index.html or 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 must contact the current owner of the station. The
FCC does not keep a list of stations potentially for sale, nor does it
participate in negotiations of any sales contract. Also, we do not maintain a
list of telephone numbers of station owners, as telephone numbers
often change.
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
electronically filed within 30 days accompanied by the appropriate application filing
fee. 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 an 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.
Broadcast applications must be filed electronically, and must include the
application filing fee listed in the Media Fee Filing Guide and include FCC Form 159
Applications for noncommercial educational stations do not require
require a filing fee.
Applicants Must Give Local Public Notice
All applicants for new broadcast stations, and
all applicants to change an existing station's community of license
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, for example a public library or 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.
FCC Internet Site
The Media Bureau's Internet sitecontains much more information than can be covered here.
We hope that you will find this information interesting and useful. We
recommend that you spend some time reviewing this ever-increasing volume of
material before attempting to prepare an application for construction
permit.