FCC Report 2/17: New Proposed Rulemaking Seeks To Streamline Non-Comm & LPFM Applications

FCC Actions

FCC Federal Communications CommissionThe FCC has issued a proposed rulemaking for how they process and license competing applications for non-commercial and LPFM stations. The rulemaking proposes to simplify the procedures by:

  • Eliminate the current requirement that NCE applicants amend their governing documents to pledge that localism/diversity be maintained in order to receive points as “established local applicants” and for “diversity of ownership”
  • Improve the NCE tie-breaker process and reduce the need for mandatory time-sharing
  • Clarify aspects of the “holding period” rule by which NCE permittees must maintain the characteristics for which they received comparative preferences and points
  • Reclassify as “minor” gradual changes in governing boards with respect to non-stock and membership LPFM and NCE applicants
  • Extend the LPFM construction period from 18-months to a full three years
  • Allow the assignment/transfer of LPFM construction permits after an 18-month holding period and eliminate the three-year holding period on assigning LPFM licenses.
  • The full rulemaking proposal can be read here.

    The requirement that licensees file paper copies of station documents including transfers of control, management agreements, LMA or Time Brokerage Agreements, and Joint Sales Agreements has been eliminated. The documents just need to be filed into each station’s Online Public File.

    The agency also has eliminated the Form 397 Broadcast Mid-Term Report due to redundancy with the Online Public File.

    The FCC has entered into a Consent Decree with WAGY Inc. and Marjorie Huskey over a series of unauthorized transfers of control of 1320 WAGY and 107.5 W298CZ Forest City NC between 1989 and 2004. Huskey will pay an $8,000 civil penalty over the transfers which saw her late husband and other parters in the company adjust ownership stakes without FCC approval leading to the Huskey’s gaining full control of the company in 1994. The stations also entered into an LMA without authorization between 2000 and March 2018 and failed to file biennial ownership reports between 1999 and 2015.


    Communications and Education Development Initiative’s Gospel 1540 WKDG Sumiton AL was deleted for not operating from its licensed facilities for over 365 days. WKDG went silent in August 2017 and then filed that he had resumed operations four days prior to when it would have been automatically deleted but using a temporary facility that it also filed for an STA concurrently. As the temporary location had not been previously approved it was considered to be unauthorized operation.

    Triad Family Network’s 96.7 W244DO Winston-Salem NC Construction Permit expired unbuilt.

    Family Stations surrendered the licenses for 90.5 K213CH Ridgecrest CA, 95.7 K239CO Parkersburg IA, and 95.9 K240ET Billings MT.

    Licenses Reinstated

    Claro Communications’ 1500 KBRN Boerne TX had its license restored following a Petition For Reconsideration. FCC agents noted KBRN was not operating in March 2018 and sent a letter of inquiry to Claro Communications requesting clarification of the station’s status for the past 365 days within one month. Getting no response, the agency deemed the station’s license as expired and deleted. Claro claimed it never received the letter of inquiry and submitted logs including electric bills and transmitter lease payments to show proof of operation. The FCC did notify KBRN that it must show proof of EAS and Online Public File compliance for the reinstatement to take effect. Right now the FCC is allowing the station to operate via STA.


    Eternity Media Group’s application to move 1540 WKXG Greenwood MS to 1550 Bolton MS was dismissed as unacceptable for filing after deficiencies were not resolved.

    Union-Carolina Broadcasting’s application to relocate 103.5 W278BE Union SC to 101.5 due to potential interference its current CP to move to 106.7 would cause to 106.9 WMIT-FM Black Mountain NC was dismissed as a major change outside a major change filing window.

    WLOH Radio Company’s 104.5 W283BO Lancaster OH’s application to build a new 338 foot tower has been dismissed because the application was never filed or approved by the Federal Aviation Administration.

    Revival Christian Ministries’ application to move 100.1 W261BU Talcottville CT via waiver to 104.7 to remove interference it was causing to 100.1 W261DD Springfield MA (despite the latter signing on later) was dismissed as a major change.

    AM Changes

    Bustos Media’s Regional Mexican “La GranD” 1150 KGDD Portland OR proposes diplexing with Multnomah School District’s 1450 KBPS Portland. KGDD would drop in power from 5kW day/10w night to 250w day/12w night with the move.

    FM Changes

    Three Daughters Media’s 106.3 WMNA-FM Gretna VA applies to upgrade from a Class A to a C3 with 18.5kW/117m. The station would also change city-of-license to Halifax VA.

    Houston Christian Broadcasters’ 90.7 KFXT Sulphur OK applies to change antennas on tis existing tower to operate with 14kW/89m.

    With its previous CP expiring unbuilt, Mildred Porter’s Urban AC 107.3 WQZZ Boligee AL reapplies to upgrade to 6kW/81.4m.

    Translator Changes

    Station Applicant Freq COL State Power/HAAT Rebroadcast
    94.1 W231DQ Bryson City NC Five Forty Broadcasting Company 94.1 Bryson City NC 250w/231m 1590 WBHN Bryson City
    107.3 W297CM Sparta NC Gospel Broadcasting 107.3 Sparta NC 250w/205m 1060 WCOK Sparta
    101.1 W266BW Winder GA Davis Broadcasting 101.1 Winder GA 80w horiz 250w vert/270m 1310 WJZA Decatur
    104.3 W282BG Grant FL Palm Beach Radio Group 95.1 Lantana FL 99w/122m 1340 WPBR Lantana
    104.9 W285FE Nassau Village-Ratliff FL Edgewater Broadcasting 104.9 Nassau Village FL 250w/161m 550 WAYR Fleming Island
    90.7 W214CA Muskegon MI Pensacola Christian College 90.7 Muskegon MI 25w/26m 89.5 WPCS Pensacola
    94.5 K233CF Salina KS Eagle Communications 94.5 Salina KS 250w/145m 99.9 KSKG-HD2 Salina
    90.7 K214AU Sharon Springs KS Great Plains Christian Radio 90.7 Sharon Springs KS 180 vert/42m 88.5 KJLJ Scott City
    107.5 K298CZ Salina KS Eagle Communications 107.5 Salina KS 250w/132m 910 KINA Salina
    92.3 K222AV Parker AZ Aircraft Storage Solutions 92.3 Parker AZ 50w vert/765m 104.5 KZUL-FM Lake Havasu City
    98.3 K252FF Lake Havasu City AZ Aircraft Storage Solutions 98.3 Lake Havasu City AZ 50w vert/765m 100.7 KRRK Desert Hills
    88.7 K204CE Clifton AZ Moody Bible Institute 88.7 Clifton AZ 250w/729m 90.1 WJSO Pikeville KY
    98.1 K251BC Kayenta AZ Redrock Radio Group 98.1 Kayenta AZ 10w vert/-215m 92.7 KBDX Blanding UT
    105.7 K289CN Bakersfield CA Punjabi American Media 105.7 Bakersfield CA 24w horiz/-28m 1350 KLHC Bakersfield
    Station Applicant Freq COL State Power/HAAT Rebroadcast

    Pirate Actions

    Notices of Unlicensed Operation were issued to:

  • 101.3 Santa Cruz CA – Nancy Graham
  • 102.5 San Francisco CA – Cesar Ascarrunz
  • 94.5 Bronx NY – 1939 G.C. LLC
  • Call Letter Changes

    92.5 WNDT Alachua FL -> WNDD
    93.7 NEW Wickenburg AZ -> KFJE
    93.9 NEW Big Circle AK -> KRLL-FM
    97.9 WKIC Hyden KY -> WZQQ
    106.1 WAFC-FM Okeechobee FL -> WLMX
    107.3 WBBL-FM Greenville MI -> WTNR
    1050 WLMA Alexander City AL -> WSGN
    1390 WZQQ Hazard KY -> WKIC

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