minimum operating schedule for noncommercial radio

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A recent FCC staff decision dismissing an application for a new noncommercial educational (NCE) FM station on technical grounds highlighted a rarely used section of the FCC rules, Section 73.561(b).  That section provides that, when an NCE FM station does not regularly operate for at least 12 hours per day, another noncommercial entity can file an application proposing to use the frequency during the hours that the station is not operating and, if the existing licensee and the new applicant cannot agree on a shared operating schedule, the new applicant can ask the FCC to force the shared-time operation (for more on the recent case, see our summary in our weekly update of broadcast regulatory actions for last week).

The rule states that the FCC will typically only force a time share operation when an application asking for share-time authority is on file during the pendency of the existing station’s license renewal application.  As most radio license renewals have already been granted during the recent three-year cycle for radio license renewals that ended earlier this year, most NCE stations do not face a real risk of a forced share-time operation until the next renewal cycle starts in 2027.  But an application seeking frequency sharing can be filed at any time in situations where an NCE FM station does not regularly operate for at least 12 hours per day, forcing negotiations about a shared time operation, and no doubt increasing scrutiny on the station during its next renewal.  Thus, such NCE stations should review their operating schedules now and think about ways to minimize the risk of a forced share-time operation.
Continue Reading Reminder to Noncommercial FM Stations – Operating Less Than 12 Hours a Day Can Bring Forced Time-Share Requirement

Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.

  • The effective date of a recently adopted FCC Report and Order aimed at making emergency alerts delivered over television and

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Here are some of the regulatory and legal actions and developments of the last week of significance to broadcasters, with links to where you can go to find more information as to how these actions may affect your operations.

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It’s a school year like no other – and broadcast stations that are licensed to colleges and other schools are likely as disrupted by the pandemic as is anyone else.  As we wrote here, the FCC in March allowed noncommercial radio stations licensed to educational institutions to consider period when schools were closed for in-person instruction as school breaks or “recess” periods when the minimum operating schedule for these stations did not apply.  Now that we are beginning a new school year, how is the FCC treating these stations?

From informal conversations that I have had with the FCC, the guidance delivered above is still in place – so if your school is still virtual, your radio station need not meet the minimum operating schedule required of noncommercial stations.  You can continue to treat the period when students are generally not on campus as a recess when the station does not need to meet these minimum operating requirements.
Continue Reading Noncommercial Stations Licensed to Educational Institutions and the FCC’s Required Minimum Operating Schedule in a Pandemic Disrupted School Year