FAQ: (UPDATED 5/17/19) Are LPFM stations required to carry pre-filing and post-filing announcements at the time of license renewal?
On May 17, 2019, we received further clarification from the Chief of the Audio Division in the FCC Media Bureau. Changes are in bold.
LPFM stations are required to carry pre-filing or post-filing announcements.
§73.3580 addresses public notice of broadcast applications. When an applicant files for a new full service station, FM translator or FM booster (including translators and boosters for LPFM stations) original construction permit, they are required to make a public notice whenever an application is filed. This notice has to be made in a newspaper of general circulation. Public notices are also required for major changes in those services (not required on minor changes) as well as "long form" (314/315) assignments and transfers.
§73.3580(d)(4) details the pre and post filing announcements for broadcast renewals.
LPFM service rules are in subpart G of Part 73.. the "§73.800's". Even though the main rules for LPFM are in Subpart G, there are rules in other subparts that also apply to LPFM stations. §73.801 of the rules is a cross-reference table that shows the different rules in other parts of Part 73 that also apply to LPFM stations.
§73.3580 is not listed in §73.801 as a rule that also applies to LPFM stations. Therefore, §73.3580, by rule, the public notice in the newspaper requirement as well as the pre- and post-filing announcements are not a requirement for LPFM.
However, because of a Media Bureau interpretation of §311(a)(1) of the Communications Act, it has been determined that despite the lack of rule, LPFM stations are obligated by statute to provide public notice to applications filed.
LPFM stations will also be required to write up a Certification of Compliance that simply states that the station ran the announcements. This document should be placed and retained in your station records. If your station participates in LPFM Voluntary Public Inspection File, you can upload it there but also keep a copy in your station records.