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. The AM band was expanded from 1600 to 1700 kHz in the 1990s after years of international negotiations. However, those frequencies are reserved for existing stations that were causing significant interference in the lower part of the band.

Unlicensed Operation is Prohibited. A very common question asked of the FCC is whether broadcasting at very low power requires a license. Please be aware that unlicensed operation of radio broadcast stations is prohibited, even at low powers such as 1 watt or less. The only unlicensed operation that is permitted on the AM and FM broadcast bands is covered under Part 15 of the FCC's rules, and is limited to a coverage radius of approximately 200 feet. (See the Commission's July 24, 1991 Public Notice, which is still in effect.) Unlicensed operation is not permitted in the television bands (including 87.9 MHz, which falls within the 82.0 to 88.0 Channel 6 television band). Fines and/or criminal prosecution may result from illegal operation of an unlicensed station (see a sampling of recent enforcement actions).


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Legal and Engineering Assistance in the Preparation of Construction Permit Applications for Licensed Stations. Most applicants retain legal counsel and broadcast engineering consultants to perform frequency searches and help prepare the legal and technical portions of construction permit applications. The FCC does not maintain a list of, or recommend, any particular legal services or broadcast engineering consultants, but many of these services do advertise on the Internet and in trade publications. You must decide which services best suit your needs. Please be aware that the FCC cannot tell you whether a frequency will be available in a particular location or help in the preparation of applications (except for questions of a general nature).

Access to a Computer Is Essential. The Commission requires electronic filing of all its applications and has eliminated paper forms. This procedure has several advantages, including error checking of application entries before an application is accepted for filing, more rapid posting of data, and reduced processing time. Paper-filed applications will not be accepted for filing.

Application Filing Fees. For commercial AM, FM, and TV broadcast station applications, filing fees must be paid with the submission of any application. These fees are detailed in the Media Bureau Fee Filing Guide.

FCC Application Forms. FCC application forms may be used to help prepare data for an application, but please be advised that forms MUST be electronically filed. The presence of a "paper" or PDF form does not override the requirement for electronic filing. Broadcast application forms available for electronic filing can be retrieved through the LMS Help Center page.

FCC Rules. FCC rules pertaining to radio and television broadcast stations are contained in Parts 73 and 74 of the Code of Federal Regulations (CFR). The CFR is available through the Government Printing Office both online and in book form. For your convenience, here is a link to the Part 73 radio broadcast station rules. These rule lists are updated once a year, after the Code of Federal Regulations website is updated to reflect rule changes from the previous year.

Mutually Exclusive Noncommercial Educational Applications. Noncommercial educational station conflicts with other timely filed noncommercial educational applicants (i.e., where interference would be created between stations if all applications were to be granted) will be resolved through a point system. The point system is described in the Report and Order in MM Docket 95-31, FCC 00-120 (2000) [ PDF | Word ]. See also the Memorandum Opinion and Order, MM Docket 95-31, FCC 01-64 (2001) [ PDF | Word ], and see also Sections 73.7000 through 73.7005 of the FCC's rules.

AM Stations. AM stations occupy the frequencies of 540 kHz to 1700 kHz. These stations are allocated on a non-interference basis. To be acceptable, an application for a new AM broadcast station must show that no interference will be caused to other U.S. and foreign AM stations on the same frequency, or on the adjacent channels (out to 30 kHz above or below the desired frequency (see 47 CFR 73.37)). Applications must also consider the second harmonic frequency and intermediate frequency relationships per 47 CFR Section 73.182(s) (for example 2 x 800 kHz = 1600 kHz for the second harmonic relationship; or 800 kHz + 455 kHz I.F. frequency could affect reception on 1250 and 1260 kHz). In general, these complex engineering analyses require specialized knowledge and software, and are best performed by broadcast engineering consultants.

Form to Use, Application Filing Fee. Construction permit applications for new AM broadcast stations must be electronically filed on FCC Form 301 during a specified application window period. Noncommercial educational applicants should also use FCC Form 301. Commercial applicants must include the new station application filing fee listed in the Media Bureau Fee Filing Guide as well as FCC Form 159 with the fee payment and application. Please note that payments for commercial applications not paid online must be directed to the lockbox address and NOT the FCC in Washington, D.C.

FM commercial stations may be authorized on 92.1 MHz to 107.9 MHz, corresponding to Channels 221 through 300. Noncommercial educational FM stations may also be authorized in this band but these applications must meet the spacing, 70 dBu city coverage and other technical criteria applicable to commercial stations.

The petition and application must cross-reference each other so that we can associate the two related filings. We will then consider the merits of the petition for rulemaking. If the petition for rulemaking is technically acceptable, the Media Bureau will release a Notice of Proposed Rulemaking that will indicate the date by which interested parties can file comments or counterproposals. If approved, an FM allotment will be created and placed in a future FM broadcast auction proceeding. At a minimum, the petitioner/applicant must qualify to bid in the auction. If the applicant is the successful bidder for the allotment, the previously filed Form 301 construction permit application will become the applicant's post-auction long-form construction permit application. Petitions for rulemaking for new allotments should be directed (signed original + 2 copies) to the attention of the Audio Division (MB), c/o Office of the Secretary, FCC, 45 L Street NE, Washington, DC 20554.

The Commission has posted an allotment finder program for commercial FM allotments that may help you identify potentially available channels at a given location. Please note that there is NO finder's preference awarded for proposing new or modified FM allotments.

Auctions. Once auction filing window dates are announced for allotments that were previously created, instructions for filing applications will be released on a Public Notice and posted on the Audio Division's website. We cannot provide advance information on when the next auction or application filing window might take place (see the general information about auctions).

FM noncommercial commercial (NCE) stations may be authorized on 88.1 MHz to 91.9 MHz, corresponding to Channels 201 through 220 (sometimes referred to as the "reserved band"). No commercial operation is permitted on these frequencies. FM noncommercial educational stations may also be authorized in the commercial FM band under the technical rules applying to that service (see the preceding section). Contour protection is used in the reserved band to determine if interference will exist to other stations (see 47 CFR Section 73.509).

Rules. FM noncommercial educational station rules include 47 CFR 73.501 through 73.599, and 73.1001 through 73.4280. A number of rules also refer to sections in the commercial FM rules (47 CFR 73.201 to 73.333). For FM NCE stations on Channels 201 through 220, no allotment will be established. Allocation is made via an on-demand system, with applicants receiving construction permits for facilities that will not cause interference to other stations. Interference calculations are made using specified signal strength contours. The protected service contour of a station (think of a rough circle at some distance from the transmitter site) for one station generally cannot overlap an interfering contour from another station. See rule section 47 CFR Section 73.509. Applicants must also protect pending applications that were filed before the announcement of the application filing window. Future filing window announcements will be made via Public Notice and posted at several locations on the Commission's website.

Construction Costs. The FCC does not collect data concerning the costs of construction and equipment for noncommercial educational FM stations. Costs can vary enormously depending on how the station is constructed. Applicants and potential applicants should not purchase equipment before receiving a construction permit from the FCC, because they may not be able to use or resell it if the application is not approved.

Form to Use. FCC Form 340 for noncommercial educational stations must be used to apply for this type of FM station. Applicants for noncommercial educational stations pay no application filing fee. Applications for new noncommercial educational stations must be electronically filed only during the announced application filing window period. No paper filings will be accepted.

NOTICE: THE FCC IS NOT ACCEPTING APPLICATIONS FOR NEW FM NONCOMMERCIAL EDUCATIONAL BROADCAST STATIONS AT THE PRESENT TIME. --> Low Power FM (LPFM) Noncommercial Educational Radio Broadcast StationsLow power FM (LPFM stations operate with 1 to 100 watts of power and cover a radius up to approximately 5.6 km (3.5 miles). Current information about the low power FM filing service is maintained on the LPFM page. The Audio Division has also assembled a program to help find potentially available FM channels for LPFM stations. 152ee80cbc

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