FCC Authorizes New Educational Radio Stations
April 1, 2000
Schools and colleges may take advantage of a recent law authorizing new
educational radio station licenses. In January 2000, the Federal Communications
Commission (FCC) established a new low power radio service (LPFM). In the Matter
of Creation of Low Power Radio Service, Report and Order, MM Docket No. 99-25
(released January 27, 2000). The new service authorizes two new classes of
non-commercial educational radio stations.
The LPFM service was created in response to requests from a broad range of
interests groups, including schools, churches or other religious organizations,
students, labor unions, community organizations and activists, musicians and
others. What brought them together was their common interest in listening to
local, community-oriented radio stations. Thus, the new LPFM service was
designed to serve highly localized communities and groups with common interests.
As a low-power service, these stations will have a limited service radius,
ranging from only 1 to 3.5 miles.
The FCC rules are designed to favor local community institutions such as
schools and colleges. To foster local, community-based radio, the FCC rules
impose certain eligibility and ownership restrictions to ensure that these
stations are licensed to local entities proposing to serve local communities,
and are not otherwise swept up by existing national broadcast and media owners.
To qualify for an LPFM license, the applicant first either must be owned or
operated by a public agency or nonprofit, private foundation, corporation or
association, or be owned and operated by a municipality and transmit only
non-commercial programs for educational purposes. The applicant also must be
community-based. That is, for the first two years that LPFM licenses are
available, the local chapter or branch of an applicant for an LPFM license must
be physically headquartered near the proposed station. After this initial period
the FCC will begin accepting applications from nonlocal applicants.
The FCC has also imposed local and national ownership limits on LPFM
licensees. Existing broadcast and media owners are prohibited from applying for
or having an attributable interest in the new LPFM licenses. In addition, no
entity may own more than one LPFM station in the same community (i.e., within
seven miles of one another). Nationwide, for the first two years, no single
entity may own more than one LPFM station; after two years, no more than five
stations; and after three years, no more than 10 stations. These eligibility and
ownership rules should make it easier for small community groups with limited
resources, such as schools and colleges, to obtain an LPFM license.
For more information, contact Patricia Y. Lee or Elisa A. Nemiroff at
1-888-688-8500 or plee@hklaw.com or enemirof@hklaw.com, respectively.
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