PACE is REC's program for identifying and recognizing Low Power FM (LPFM) broadcast stations that are well-established, experienced, dependable and rules compliant.
The PACE program uses four different metrics that provides incentives and recognition for station Particpation, Availability, Compliance and Experience. LPFM stations that meet the PACE criteria will be recognized throughout the REC systems using, in most cases, a green star ✪ after the call sign. LPFM stations with the ✪ symbol are recognized as meeting all four of the PACE criteria. As REC continues to develop our systems, stations that meet the PACE criteria will not only be listed with the ✪ symbol, but they will also have other benefits such as elevated listings at LPFM.us. All LPFM stations should work towards assuring that their stations can achieve and maintain the PACE criteria.
Let's get in to how an LPFM station can achieve PACE...
First, let's talk about a "rolling year"
Three of the four PACE criteria are based on what is called a "rolling year". A rolling year is the amount of time that an LPFM station is fully licensed and on the air broadcasting to the public while owned by the same organization. Time when a station is silent (or in an original construction permit awaiting completion) is not considered as fully licensed and on the air and therefore will not count towards the rolling year computation. Any time under a previous owner, even though the station is on the air, does not count. A consummated assignment cleans the slate and starts the the station from scratch like if they were just newly constructed. This is so the new owners can build up the necessary experience to be recognized by PACE. Most criteria call for an evaluation of the past four rolling years.
If a station has been for four years fully licensed to the same ownership and there have been no periods of when the station went silent within those four years, then four rolling years would be all the time exactly one year ago to today. However, if that station has been off the air (silent) for a 30 day period the last four years, that time does not count towards the rolling year. Instead the rolling year is pushed back where in this example, four rolling years would actually be four years and one month (49 months).
Let's now get into the four different metrics-based criteria of PACE...
P is for Participation
Unlike full-power FM stations, LPFM stations have very minimal reporting obligations. LPFM stations do not have to worry about ownership reports, EEO reports, maintaining a public file and submitting quarterly issues lists. LPFM stations, as being responsible broadcasters and community members are depended upon for information to be delivered to the public in the event of an emergency. As such, the FCC does require all LPFM stations to be equipped with an Emergency Alert System (EAS) that has at the minimum, decode capability. LPFM stations are expected to assure that EAS remains at the ready at the time when the need arises. This means checking the EAS logs on a weekly basis to assure that required monthly and weekly tests are received, assuring the quality of the audio during required monthly tests, assuring that the EAS is properly configured and monitoring the correct stations per the state plan, assuring that the EAS maintains its connection to the internet, assuring that security certificates and software versions are promptly updated and keeping up with the FCC on policy changes. EAS is a vital part of the US broadcasting infrastucture. Forfeitures (fines) for a missing or not properly configured EAS equipment can run up into the 4 to 5 figures.
A method that LPFM stations can do to demonstrate that their EAS equipment is functioning properly is to participate in the National Periodic Test (NPT) of the EAS that is held by the FCC and the Federal Emergency Management Agency. As a part of the NPT, stations will be required to submit a form (Form One) prior to the test to provide the FCC and FEMA with information regarding your station's EAS including make/model, software version and stations being monitored. The second form (Form Two) is filed immediately after the nationwide test is completed and just gives the FCC and FEMA some instant feedback on whether the station's EAS received the test and whether it "forwarded" it (played it over the air). Finally, the third form (Form Three) is a post test follow-up to provide feedback about the test and identify issues that arose. During years when no NPT is conducted (such as in 2024), stations still need to file Form One to keep the FCC and FEMA updated about the station's EAS configuration. During test years, all stations must file all three forms, even if the station is currently silent. If the equipment is not in place during the silent, then you need to fill out the forms to say that. In other words, three forms are always required during test years. REC has data on which stations participated in the NPTs that were held in 2019, 2021 and 2023 and which forms they filed.
To meet the PACE criterion for Participation, LPFM stations must have fully particpated in all full NPTs that took place within the past four rolling years by submitting Forms One, Two and Three. For the purpose of date calculation, we are using the dates that were designated as the Form Three deadlines for each NPT (November 20, 2019, Septmber 27, 2021 and September 23, 2023). There is no penalty for late filed forms as long as the EAS Test Reporitng System (ETRS) accepted the form.
It is very important that all LPFM stations are aware of EAS and their obligations to participate in the NPT. This PACE criterion recognizes those stations that do. This is the most-missed of the four criteria. Our goal is to increase LPFM participation in every NPT. This is not only good for the communities that you serve, but it is also good for the LPFM service in general, especially at times when the FCC may be consdiering regulatory changes, especially in light of resistance from "big" radio.
A is for Availability
Radio stations, low power and full power, use radio spectrum, a finite and sought after natural resource. An LPFM station that is not on the air is wasting that resource when it can be used for something different. Habitual holding of spectrum without using it is called "warehousing". A silent station also does nothing for the community and it does nothing for the medium of radio in general. Millions of Americans depend on local radio for entertainment and information and most importantly, being there in the event of an emergency. Radio has a unique resiliency and means of access that can't be matched by wireless broadband services or even over the air television. Americans depend on radio being there and that means they depend on your station being there. Congress also does not want radio specturm going to waste. This is why we have the "use it or lose it" law, Section 312(g) of the Communications Act states that any broadcast station that fails to transmit a signal for more than 365 consecutive days will have its license cancelled by matter of law.
However, things do happen that are outside the control of radio stations. Equipment fails. Weather damages equipment. Tower sites change owners and the new owner does not want the station there. Stations go out of service as a result of moves. Stations go off the air because they have a temporary lapse in funding. These are stations that want to be on the air, but they are prevented from doing so due to outside reasons. This is why it is reasonable to for stations to be "silent" for a short period of time during their license term, but the rest of the time, they are providing the entertainment and information, including emergency information that Americans have been depending on for decades.
To meet the PACE criterion for Availability, an LPFM station cannot be silent for more than 365 total days within the past four calendar years. This criterion is different than the other three since it does not involve "rolling" years. This means that the number of shorter term periods of silence cannot exceed a combined total of 365 days. In other words, the station needs to be providing service at least 75 percent of the time. Stations not meeting this criterion will eventually meet this criterion for every day the station is on the air where the silent days are then more than 4 years ago and thus age off.
C is for Compliance
Because radio spectrum is shared between different stations, the FCC has regulations that assure that all users are properly sharing the spectrum. This is assuring that a station is not operating excessive power, has a quality technical transmission and is operating from the location that it is authorized for. Regulations also assure that broadcast stations, especially those that are noncommercial educational (including LPFM) are playing fair. This means that LPFM stations are not airing commercials or engaging in other over the air behavior that violates the same regulations that other radio stations are expected to follow and to assure that licensees continue to maintain the qualifications to be a licensed broadcaster, especially in LPFM. It also means that stations take their responsibilites as a licensee seriously by assuring that proper filings, such as license renewals are timely filed as to assure an orderly process to complete the process for the next eight years. Its also about safety to assure not only that the station is properly equipped with a functioning EAS, but also assuring that their transmitter site is safe and does not cause environmental harm to the local community. The FCC has varying levels of enforcement that can range from notices of violation, their equivalent to a "fix it ticket" to forfeitures (fines) or in the worst case scenario, hearings to determine if a license should be revoked.
While following regulations is important for all radio stations, it is even more important for LPFM due to the secondary nature of the service. Remember, LPFM stations are guests on the dial and must get out of the way if the spectrum is needed by a primary user. It also does not look good when LPFM seeks more "good things" from the FCC, but is met with opposition by "big radio" highlighting the rules violations by a small number of LPFM stations. Of course, there's a "glass house" theory that can apply here, but because LPFM is secondary, we are more vulnerable. This is why it is important that LPFM stations comply with 100 percent of the rules and the Communications Act, 100 percent of the time.
To meet the PACE criterion for Compliance, an LPFM station must have no enforcement activity within the past four rolling years. This means none of the following: Notice of Violation, Admonishment, Notice of Apparent Liability for Forfeiture (NALF) or Consent Decree,. REC will use information from our DINGERS database which tracks all enforcement activity across the FCC to determine if any LPFM stations have violations connected to their facility ID. The date used in the criterion is the date of the issuance of the FCC document on the issue and not the date of the actual violation. Even if forfeitures are paid, the violation will remain on the record. NALs that are cancelled but still result in an admonishment or otherwise cancelled due to a lack of ability to pay will remain on the record. If an enforcement action is retracted completely due to Commission error, those do not have to be applied adversely to this criteria. Compliance violations will roll off the station's PACE record after four rolling years of having a clean enforcement record.
E is for Experience
LPFM is a very unique radio service because unlike full-service radio, there is a national ownership limit of one station per organization and each party to that organization. In other words, one person cannot serve on the board of more than one organization that holds FCC authorizations. This means that many people who enter into the world of LPFM have minimal prior broadcasting experience. LPFM is a great way to "learn the ropes" of station management through a scaled-down method. But still, stakeholders that are new to broadcasting need to learn the ropes and get themselves ramped up to the day to day operation of the radio station and the various responsibilities that go with it. Give it a few years and these folks, who were once strangers to the crazy world we call radio are now seasoned masters. Not just in their personal knowledge, but also in the processes used at the radio station to keep things operating smoothly. REC recognizes those well-seasoned people who have worked hard to learn all of the inner-workings and make LPFM a great radio service. This is knowledge that only comes with true hands-on experience.
To meet the PACE criterion for Experience, an LPFM station must have achieved four years (1,461 days) of licensed, on air operation under the current ownership organization. This is based on the rolling calendar (going silent stops the clock) and the clock does not start until after the original construction permit license to cover is granted or in the case of an assignment to a new organization, the grated assignment is consummated and the current organization takes over. The 1,461-day clock is specific to one owner. Once the assignment is consummated, the new organization will start from day one and will have to experience four years of operation under that organization's control of the license in order to achieve the E criterion and PACE overall. Newly constructed stations that have not yet had the opportunity to broadcast for 1,461 days as a licensed facility will need to wait until they have achieved 1,461 days of actual licensed operation before the E criteria can be considered.
These are reasonable goals
The use of four years is consistent with other FCC practices in the noncommercial radio sector and we feel that it is a reasonable term (half a license term) to examine the progress of a station, identify learning opportunities and to recognize those who have dedicated themselves to learning how radio works and how the FCC works for radio.
REC feels that it is in the best interest to identify and recognize these LPFM stations as models for what the LPFM service is all about. If your station has acheived PACE, we congratulate you.
LET'S MAKE GREAT RADIO!
Check your station for current PACE status
To check to see your station's live status, visit REC's PACER tool at recnet.com/pacer
PACE Frequently Asked Questions.
Information as of August 12, 2024
