LPFM station fined $15k

[@joebobcedar]

Thank you!!! My brother and I aredisabled and we are purchasing equipment to start a Lical Non Profit station for our community. Tiur information has been ete opening.

[@ryanakarye]

In this instance, I appreciated how the FCC provided actual examples of violations instead of just vague language. The fine seems pretty heavy to me, but it also looks like the station in question was doing a lot of "selling", so maybe it was justified. Two notes I'd like to add for other viewers: non-commercial stations (like LPFMs) can be located outside of the reserved band. For example EMF has many non-commercial K-Love stations above 91.9. Seattle's NPR affiliate being at 94.9 is another. Secondly, my understanding is that the underwriting rules are more lenient if the underwriter is also a non-profit entity. I'm not providing legal advice. I'm mostly in the commercial space, but this is a good reason for even an LPFM or stand-alone NCE to have a knowledgable FCC attorney available for any clarifications needed.

[@TheBroadcastEngineer]

Indeed any station can become non-commercial. LPFMs can be anywhere on the band. But I wholeheartedly agree that having a communications attorney on retainer is key!

[@sophiaspapi2003]

Great video! Extremely interesting information. I am going to post this on my Facebook page. Blessings to you and your beautiful family!

[@TheBroadcastEngineer]

Awesome! Thank you, Frank!

[@DJ-Drakken]

I'm barely getting into this as a hobby. I have no intention of making any money. I'm just interested in the technology. Hopefully one day I can actually afford to take courses in radio or even television. I've been playing around with an RF modulator and found out I can broadcast if I just put an antenna on the output, though it was analog and just about every analog station has gone offline. Here's to my journey in both radio and tv.

[@TheBroadcastEngineer]

There are a lot of courses available on the Society of Broadcast Engineers (SBE.org). I’ve been a member for a long time now and there are great opportunities to learn and network.

[@DJ-Drakken]

Thanks for the info @@TheBroadcastEngineer

[@zyruemusic]

EXCELLENT INFORMATION!!! THANK YOU!!!

[@jmontgomery1211]

Wow, that’s some great information you provided about LPFM stations and in ways people can understand too 🙂 Oh and “somehow involved in a project” haha I don’t think your the first engineer I’ve heard that said from haha!

[@TheBroadcastEngineer]

I will admit, it was my fault about 6 years ago for us to go down this VOIP path... Like Jack Ryan said in Hunt For Red October, "I should have put it in a memo."

[@DJPhantomRage]

I was excited when they came out with LPFM. Then as always, churches got a hold of them and now no one can get one. Unless you are a school or church.

[@TheBroadcastEngineer]

Maybe in your area. In Southern California is a BUNCH of “community organizations.” From what I’ve seen, very few of them are actually serving the community. Most of them are “I want my own radio station, and I’m going to run commercials and make money.”

[@MichelleBradley]

As the national advocate who represents the LPFM service in DC, I would like to share some thoughts here. Full-service noncommercial educational stations are not just limited to the reserved band (88.1~91.9). There are two ways that the big noncommercial stations can be above 92. First, the noncommercial corporation could purchase an existing commercial station and operate it noncommercially. The Educational Media Foundation folks (K-Love and Air1) do this all the time. In fact, some stations in major cities that were once very popular commercial stations, such as 95.5 (former WPLJ) New York and 100.3 in Los Angeles are now noncommercial and operating as K-Love stations. The other way is done mainly in rural areas where if someone can make a showing that there are no noncommercial educational stations that place a certain signal strength over a significant area but are precluded from using the 20 reserved channels because of the interference rules can file a petition with the FCC to ask that a channel in the "commercial" part of the band be allocated to a particular community and be reserved for noncommercial use. This way, the channel can't be subject to auctions. Also, when there is an auction, an organization can participate and say they are noncommercial and if they are the only entity that applies for a certain channel, then they can get it and bypass the auction. Because of speculators, this rarely happens. But federal law does say that a commercial interest and a noncommercial interest are competing for the same allotment, then the commercial interest will always trump the noncommercial interest. However, there is an exception to that. If a noncommercial organization wants to pay and participate in the auction, they can compete with the commercial applicant, but they will have to pay the auction price. Once they "win" the auction and pay the up front costs, they can declare the station as noncommercial and they would not be subject to paying filing fees and annual regulatory fees. As far as the content of underwriting acknowledgements go, the key thing is that stations are supposed to use them to acknowledge a donation, not to "sell time" like commercial stations do. You are allowed to acknowledge, but not promote. Your analysis of what constitutes a commercial is pretty well spot on. I also tell stations that acknowledgements need in the context of speaking as the station, not the underwriter. All copy should be in a "station voice" and not the "voice" of the underwriter. Say "they", instead of "we". The message needs to be a "thanks" for supporting the local community radio station. Because of the simplicity of the application process (in many cases) and the local availability of channels as well as how the service was "promoted" by some consultants in order to drum up their own business, it was promoted as "your own radio station!". In some cases, we had found that stations ended up running non-community formats (i.e. all music) and programmed the station outside of their underwriting to sound like a commercial station and thus, a competitor. Also as a result, stations are using commercial techniques such as "salespeople" in order to raise funds for the station. Another thing that wasn't mentioned is that unlike commercial stations, noncommercial stations, including LPFM must be licensed to a bona-fide nonprofit organization that is actually registered with the state. They are not required to be an IRS 501(c). They are not licensed to individuals or partnerships. This means that no individual can say that they are the "owner of an LPFM station." They may be the board president, but they are not the owner. When the FCC first created LPFM, they wanted these stations to go to existing community service organizations and to promote that, they gave organizations that have been established locally in the community for at least two years before they filed the application for the new station to have priority if there were competing applications in a particular area or on a particular channel. But if there was no competition, then an organization established a day before filing the application can get the license. I know of many stations that had "bad faith" from the day they filed. They knew what they were doing. This was a huge cancer in Florida. You are right that LPFM stations are struggling, especially in light of the recent pandemic. Even that is not an excuse to do commercials. However, if you have programming that is compelling enough and your station provides actual service to the community, businesses are going to want to be associated with that station and will want to donate. In other words, the station is involved with the community as opposed to just programming to a community. The FCC is also complaint driven. They don't have field agents that visit cities and listen for commercials on LPFM stations. Normally, someone, who likely represents a "competing" commercial station will file a complaint with the FCC and provide transcripts and audio recordings. This may result in a "Letter of Inquiry" going to the LPFM station, who is required under law to respond and to answer truthfully. Based on that response and the overall evidence, the Commission makes a decision. It is also important what happened in Colorado recently was a Notice of Apparent Liability, key word: "apparent". The FCC first, proposes a fine. The station can defend itself and state why the fine should be cancelled or reduced. They can also provide financial documents to the FCC to show that the station would be unable to pay a large fine and the FCC may reduce the fine or downgrade the punishment to an admonishment (slap in the wrist). The station will still have to disclose the violation when their license comes up for renewal once very 8 years. The FCC will also enter into "consent decrees" with stations. In those cases, the station admits to the violations, pays a reduced "contribution to the US Treasury" and is required to implement a compliance program which requires periodic progress reports to the FCC's Enforcement Bureau. Those decrees are usually conditioned on that if station does any further violations of the commercial rules, then the FCC can throw the book at them (normally charging them what would have been fined without the consent decree or consideration of financial situation). Finally, where it comes to streaming. You are right, whatever they do on their stream that does not go over the air does not concern the FCC. LPFM stations are allowed to have ads on their websites and mobile apps. However, you do run the risk of being considered "commercial" in the eyes of the recording industry and the performance rights organizations like BMI and ASCAP. Also, depending on how the proceeds from the commercials are spent, they may also risk their nonprofit status with their state (and thus required to pay taxes) as well as jeopardize their 501(c) status. LPFM stations that "split" their stream to run commercials are also under an additional burden to prove that the announcement was only carried on the stream and not over the air, despite the complaint. We are seeing this play out right now in Baton Rouge. REC Networks provides information for LPFM stations on on-air compliance at: recnet.com/compliance The best way is to start with a business card and then slowly work out. You are allowed to provide a non-promotional short description of the business and even a short list of product line, etc. You are allowed to give a business' address, telephone number or website. You just can't encourage them to go there, only acknowledge that they exist. For example, an acknowledgement could sound something like this: "Programming on WAAA-LP is sponsored in part by Joe's Burger Queen, serving burgers, fries and chicken sandwiches. They are located at 4th and Main in Downtown Podunk. More information is available at joes burger queen dot com or at 515-555-4040.". The problem is that the opportunity to start one of these stations comes about once every 10 years (we are getting ready for the possibility of another opportunity in 2022) and obviously, there is excitement. Many times, people are encouraged by how easy it is to apply for one of these stations and the fact they did not have to pay the government for the privilege of filing an application, but then once they get the permit to build, sticker shock kicks in. They were never informed of the other costs involved such as power, finding a site, zoning, permits, required certified equipment (such as specific transmitters and emergency alert system equipment) and the big one, music licensing. The financially stable LPFM licensees are those that are aligned with a larger core community organization (the FCC's original intention), not someone who wants to get a license and play radio (and who might engage in piracy otherwise). This is also why we see a lot of religious stations. The station is a part of their ministry and their ministry already gets a lot of support, radio or not. Some just come in knowing what you can't do but have the attitude "if the government doesn't know, no one will care" (or the "freedom of speech" argument I have also heard used in the past) and they go in with full intentions of being a commercial enterprise. 20 years later, I've seen it all. In my opinion, the $15K fine was not hard enough.. but I do think that it is a strong message to LPFM stations that they need to play fair and play by the rules. Most LPFM stations do play by the rules. It's the bad apples that makes my work difficult at times, especially when facing the National Association of Broadcasters and others who would like to see LPFM stations go away.

[@TheBroadcastEngineer]

Thank you for filling in the cracks of what I said. There are so many details and nuances with the regulatory side of broadcasting that it takes an attorney to keep it straight. I really like your comments about writing the acknowledgement in the station’s voice instead of the underwriter’s voice. That helps make it more clear the intent of the announcement.

[@hmbpnz]

"In my opinion, the $15K fine was not hard enough.. but I do think that it is a strong message to LPFM stations that they need to play fair and play by the rules." I don't understand this. Why are these rules in place? Doesn't make any sense to me. Really feels like a distorted grotesque oligarchy. Also, this wall of text should probably be condensed into something that doesn't need a lawyer to interpret.

[@TheBroadcastEngineer]

@hmbpnz the rules are in place to prevent interference and provide transparency for operations. Radio is supposed to be in the public interest.

[@simmonsjn8]

how do you get a license? for a reall low transmitter, like the ones on amazon for the church parking lot? 15w max with a magnetic antenna ?

[@TheBroadcastEngineer]

Those Amazon ones are marketed as "Part 15" transmitters. You can put sure money down that they are not legally a part 15 transmitter. They have to put out so little power that only a really sensitive scientific instrument can really measure them. Part 15 isn't for broadcasting, it is to regulate electronics from radiating too much. A license for a new LPFM is very hard to get and you may be able to find someone who already has one and has run out of funding for it. Even harder to get would be a full power license. Either way, they only allow for applications for new stations at certain windows of time.

[@simmonsjn8]

@@TheBroadcastEngineer Thanks! This is what I had heard. The last time they took applications was in 2013. And they talk about getting a building permit... I am talking about the one that sits on my desk... Non-commercial like you talk about in your video. How does one get that permit? Buys one from someone who already has it? Thanks again for your information.

[@TheBroadcastEngineer]

Are you talking about amateur radio? That is a personal license and is pretty inexpensive. You take a test (lots of study aids out there) and pay the fee. For broadcasting, you would need to go through the process with the FCC. Depending where you are there may not be any open frequencies for new stations and your only recourse would be to buy one off someone. Other than that, Part 15 transmitters are taking a risk with interfering and getting a visit from the FCC.

[@simmonsjn8]

@@TheBroadcastEngineer no the ones that amazon sells for churches to use, and a program on my PC. CHURCHES don't get license to do the parking lot service? Drive in theatres don't have license. Wish there was some lil fee for a small lil station and an easy application.

[@simmonsjn8]

@@TheBroadcastEngineer I found a list on the FCC of silent radio stations that they assume might be for sale since nobody's using them they said they've been silent for over 2 months but I didn't see any low watt FM lpfms for sale or did I even see how to Google the low pfm for sale and didn't find anything so I'm not sure how I would go about that finding the LPFM for sale and again I don't want to build anything everything I've seen on the FCC involves a building you know I barely have a studio or even want a studio barely want to do here I just want to do local stuff play music do local weather news you know have sponsors and not advertisements so that we stay non-commercial

[@fivetalentsaudio]

Thanks! Always thought it was only abt CTAs

[@TheBroadcastEngineer]

Calls to action are the ones that usually get people, but prices, qualitative and comparative statements are also ways to get into trouble.

[@KCGeno]

Very informative! Thanks.

[@tonytfuntek3262]

Very informative thank you

[@Charlie-fc7se]

Good evening we just got approved for LPFM station can you recommend the best antenna and transmitter for this class of LPFM to be able to maximize the coverage area. Please help…Thanks

[@TheBroadcastEngineer]

I’ve had good experiences with ERI for antennas and Nautel for transmitters. You’ll have to work with both to find a solution for the ERP for your class of station.

[@INTHEMIX74]

we are 87.6- 108 in australia ....i have a 1 watt station the crap ya gotta go through

[@kevindavis4709]

How do NPR stations get on commercial frequencies like NPR 97.5?

[@TheBroadcastEngineer]

Usually it’s because it’s a translator. An NPR member station isn’t restricted from being in the commercial band. The costs for the license are a bit more and since it’s mostly listener supported the funds aren’t there for that.

[@RandomDude989]

Can you mention your LPFM radio stations website over the air?

[@TheBroadcastEngineer]

It’s a full power station. It’s low power compared to many of the stations in Los Angeles.

[@edlightman4936]

i thought your article was about a unlicenseed fm .

[@TheBroadcastEngineer]

Unlicensed is a pirate. :) But running commercials on non-commercial stations is a big no-no.

[@PogoQmcmi]

You can say "on the web at (URL)". You can't say "find us on the web at (URL)" or "visit us at (URL)".

[@Ressy66]

1 6 0 0 ???? They got off lightly with a 15K fine :)

[@adriancressy8363]

PBS TV seems like they are VERY enhanced acknowledgements that look like commercials...Same problem with NPR on the radio. The LPFM should have known better

[@TheBroadcastEngineer]

Not sure of the rules for TV, but yeah some people try to get realllllly close to that line.

[@JonAhlquist]

​@@TheBroadcastEngineer See the FCC web page titled "Commission Policy on the Noncommercial Nature of Educational Broadcasting."

[@glenpitts6813]

LPFM was a good idea, but the rules are unreasonable.

[@waentvatlanta]

Details on part 15 fm station. On 1 video they say I can use a 7 watt house transmitter, is this true

[@TheBroadcastEngineer]

That is not true at all.

[@drsysop]

Not anymore they putting non commercial stations & LPFM all over the FM band now including K-Love & other religious stations which should be below 92 MHz. I have herd His Radio & K-Love on 100.1 & 106.1 FM & no commercials & that's the commercial part of the band but FCC must of changed it. Soon FM will go down to 82.1 MHz but no dates set yet.

[@TheBroadcastEngineer]

Non commercial stations are allowed anywhere on the band. Commercial activities are prohibited in the non commercial portion. The FM band will not be expanding. At least not here in the US.

[@drsysop]

@@TheBroadcastEngineer Last time FCC saying they will open the band up more as no more analog TV & they can't sell that area for 5G cell services as they need the UHF frequencies.

[@TheBroadcastEngineer]

@drsysop Do you have an FCC Docket number I can look up because I’ve never even heard any rumblings of expanding the FM band.

[@JonAhlquist]

@@TheBroadcastEngineer The FCC web page titled "How to Apply for a Radio or Television Broadcast Station" says, "Expansion of the AM or FM radio bands is unlikely. 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."

[@DiyintheGhetto]

What does it cost to have a LPFM license?

[@TheBroadcastEngineer]

Are you asking for the purchase price or operationally?

[@DiyintheGhetto]

@@TheBroadcastEngineer I’m curious about the fees of cost to operate license. For a low power fm radio station.

[@TheBroadcastEngineer]

@@DiyintheGhetto To operate would be staff salary, electricity, music licensing, studio/transmitter site rental, equipment maintenance… lots of variables. There are a large number of LPFM help organizations to get you started.

[@DiyintheGhetto]

@@TheBroadcastEngineer I’m sorry I’m mean the fcc license fee to broadcast.

[@TheBroadcastEngineer]

@@DiyintheGhetto You're going to want to work with an FCC Communications Attorney.

[@talk2azs]

Who still listens FM radio? Internet Radio is such a better route to go. You reach a bigger audience.

[@TheBroadcastEngineer]

Except the numbers don’t lie… traditional radio has a significantly higher listeners and TSL. By a lot.

[@talk2azs]

@@TheBroadcastEngineer Yes. I agree. But most people stream radio stations, giving my comment even more merit. Lol

[@TheBroadcastEngineer]

@@talk2azs unfortunately the data does not support that claim either. At least not at this time. Is the trend heading in that direction? Yes.

[@talk2azs]

@@TheBroadcastEngineer I'm actually with you on your comment. It's definitely trending that way even since there is no real data.

[@TheBroadcastEngineer]

@@talk2azs there’s ready data. Nielsen and Triton have been measuring audience for a while. It takes a bit to get the right apples to apples data but it’s there.

[@ivanbaez3606]

I would like to have my own FM station for church purposes but I need help do you have any path way that I can do it. Thank you and God bless you

[@TheBroadcastEngineer]

There’s two paths to this: 1) purchase an existing station, 2) wait until there’s a new station window to file for a new station (could be years and could be no new stations available depending on where you are).

[@xreyengineering9073]

@@TheBroadcastEngineer Another option for churches and religious messages is to lease time on an existing station. They may have time slots open for these messages that cost way less than applying for an LPFM license and all the attendant expenses involved. Some religious stations lease a big FM station 's HD channel these days. In the past, they leased an FM subcarrier ("SCA") which required a different FM receiver than an HD radio. "SCA" stations are pretty much done by now

[@tcttvradio]

Its just nonsense, radio stations cant run for free, underwriting is the same thing, NPR makes a fortune on youtube using the artists copyrights. The govt should allow nonprofits to earn as much as they sell for the non profit. Not for profit means no profit but they should be able to break even and pay staff wages up to the value of the ads sold.

[@TheBroadcastEngineer]

There isn't a cap on how much a non-commercial educational or LPFM station can earn. The issue is HOW they say it on the air. The purpose of the LPFM or NCE band is for educational content. They cannot do call to actions, qualitative statements, or prices.

[@tcttvradio]

@@TheBroadcastEngineer thanks for info

[@TheBelovedismine]

Very interesting 🤔

[@voiceofjeff]

Why in hell would someone get an LPFM license and not know the rules that govern them? It's like buying a car and not bothering to get a drivers license! Personally, I think the "restricted band" should be eliminated, and that if public radio wants to continue to raise money, they SHOULD be able to sell commercials and have to compete on the same playing field as the commercial broadcasters!

[@charleskadletc2431]

Hi Frank:

[@charleskadletc2431]

Hi Grank: An LP FM Station FINED15K .

[@TripleH3-2]

I mean, there’s a Non-Commercial licensed in Nashville here on 97.1 MHz (K-LOVE)

[@qzwxecrv0192837465]

So the elephants on the room weren’t talked about. 1) why didn’t the FCC warn or stop them earlier 2) if the FCC did warn them, why wait until 1,600 mentions. That to me essentially entrapment. “Danny, they just did their 10th mention after a warning. Lets go shut them down”

[@W1ZY]

Mansplaining.

[@TheBroadcastEngineer]

Not everyone is as cool as you are.

[@DavidJeanRoberts-n1h]

tale story san then every page turn name only to addvertize !

[@TheBroadcastEngineer]

What? That made no sense at all.

[@johnlupo3919]

ANYWAY NOT ANYWAYS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[@TheBroadcastEngineer]

Ok…………

[@johnlupo3919]

STOP SAYING "SO"!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[@TheBroadcastEngineer]

Why?

[@ericdixon2898]

So

[@LarryButler-kp3se]

One of my fav movies is "UHF". 73 DE W4CSC