This myth culminates from a misunderstanding of a non-discontinued factor of the comparative point system and confusion over the policy that relates to future channel sharing.
When the LPFM service was first created in 2000, the original point system offered three opportunities to gain a point:
- Established community presence.
- Proposed operating hours.
- Local program origination.
The “proposed operating hours” point was awarded to any filing window applicant to pledged to operate at least 12 hours per day. This specific point was removed in 2012 when the FCC reformed the point system in the LPFM Sixth Report and Order and amended §73.872 to replace the previous three point factors with a new system with six point factors:
- Established community presence.
- Local program origination.
- Pledge to staff main studio.
- Bonus point for local program origination and main studio.
- Diversity of ownership.
- Tribal applicants serving Tribal lands.
LPFM stations and full-service NCE stations do have to adhere to a minimum number of hours of operation, but it is not the 12 hours a day that is suggested by the myth.
The minimum operating schedule for LPFM stations is found in §73.850 of the rules. LPFM stations must operate at least 36 hours per week, consisting of at least 5 hours of operation per day on at least 6 days of the week (educational institutions do not have to broadcast on days when school is closed, including weekends).
The rules also state that if a LPFM station regularly operates less than 12 hours per day, then at the time of renewal, another applicant can challenge the renewal and unless a voluntary time share agreement is met, the FCC may take action to require the time share.
The concept of large time share groups (more than 3 proponents) are a very novel concept for the FCC with the creation of LPFM. Some LPFM stations are already authorized to operate with fewer than 36 hours per week, 5 hours per day and 6 days per week. While adhering to those schedules meets the §73.850 requirement, staff has never provided REC with guidance on time share stations operating less than 5 hours per day as to their minimum operating schedule.
FACT: LPFM stations that are not in time share groups may operate less than 12 hours per day, however by doing so consistently, may result in the need to share time with another broadcast station in the future.
