73.810 Third adjacent channel complaint and license modification procedure

Third-adjacent channels have historically been a sticky wicket where it comes to LPFM. In 2000, with the approval of LPFM, the FCC took the bold task of not requring LPFM stations to protect third-adjacent channels (all other services up until now had a protection requirement). This resulted in NPR and NAB to take the matter to Congress, resulting in the Radio Broadcast Protection Act, which mandates third-adjacent channel protections and that a test be conducted to determine if LPFM stations operating on third-adjacent channels will cause interference. After a successful test, Congress passed the Local Community Radio Act, which restored LPFM on third-adjacent channels creating many new urban opportunities, but in exchange, some additional safeguards have been added.

LPFM stations that do not meet the old third-adjacent channel standards

The third-adjacent channel required minimum spacing is the same as second-adjacent channels.

LPFM stations that create actual interference to third-adjacent channel stations will be ordered by the FCC to take remedial actions. See the additional information below.

As of this writing in November 2020, there has yet to be a case of an LPFM station causing interference to a third-adjacent channel station.

LPFM stations that do meet the old third-adjacent channel standards

If an LPFM station receives a complaint that their station is interfering with a third-adjacent channel station, they must provide a copy of that complaint to the alleged affected third-adjacent channel station (full-service, FM translator or FM booster) and to the FCC.

Complaints will only be accepted in the first year of an LPFM station's licensed operations.

LPFM responding to complaints

If the FCC receives a bona fide complaint, they will notify the LPFM station within 7 days.

If the number of third-adjacent complaints exceeds one percent of the households within 1 km of the LPFM stations (or 30 households, whichever is less), the LPFM station and the affected station must cooperate in "on-off" tests to verify that the LPFM station caused the problem. If, after "on-off" tests, the number of unresolved complaints exceeds those thresholds, the affected station may request the FCC to initiate a proceeding to determine whether the LPFM station license should be modified or cancelled.

Periodic announcements

In the first year of operation, an LPFM station must make on-air announcements that include the closest third-adjacent channel stations on each channel. If the third-adjacent channel station is more than 100 km away, it does not need to be announced. The announcement must be made twice daily in the first 30 days and twice per week for the remaining 335 days.

MO&O on Reconsideration (09/22/2000) Paras. 58-68

Sixth Report and Order (11/30/2012) Paras. 86-120

19-193 (LPFM Technical): Report and Order (04/22/2020) Paras. 31, 32

§ 73.810. Third adjacent channel complaint and license modification procedure.

(a) An LPFM station is required to provide copies of all complaints alleging that the signal of such LPFM station is interfering with or impairing the reception of the signal of a full power station to such affected full power station.

(b) A full power station shall review all complaints it receives, either directly or indirectly, from listeners regarding alleged interference caused by the operations of an LPFM station. Such full power station shall also identify those that qualify as bona fide complaints under this section and promptly provide such LPFM station with copies of all bona fide complaints. A bona fide complaint:

(i) Is a complaint alleging third adjacent channel interference caused by an LPFM station that has its transmitter site located within the predicted 60 dBu contour of the affected full power station as such contour existed as of the date the LPFM station construction permit was granted;

(ii) Must be in the form of an affidavit, and state the nature and location of the alleged interference;

(iii) Must involve a fixed receiver located within the 60 dBu contour of the affected full power station and not more than one kilometer from the LPFM transmitter site; and

(iv) Must be received by either the LPFM or full power station within one year of the date on which the LPFM station commenced broadcasts with its currently authorized facilities.

(c) An LPFM station will be given a reasonable opportunity to resolve all interference complaints. A complaint will be considered resolved where the complainant does not reasonably cooperate with an LPFM station’s remedial efforts.

(d) In the event that the number of unresolved complaints plus the number of complaints for which the source of interference remains in dispute equals at least one percent of the households within one kilometer of the LPFM transmitter site or thirty households, whichever is less, the LPFM and full power stations must cooperate in an ‘‘on-off’’ test to determine whether the interference is traceable to the LPFM station.

(e) If the number of unresolved and disputed complaints exceeds the numeric threshold specified in subsection (d) following an ‘‘on-off’’ test, the full power station may request that the Commission initiate a proceeding to consider whether the LPFM station license should be modified or cancelled, which will be completed by the Commission within 90 days. Parties may seek extensions of the 90 day deadline consistent with Commission rules.

(f) An LPFM station may stay any procedures initiated pursuant to paragraph (e) of this section by voluntarily ceasing operations and filing an application for facility modification within twenty days of the commencement of such procedures.

 

65 FR 67302 (Nov 9, 2000).

§ 73.810. Third adjacent channel complaint and license modification procedure interference.

(a) An LPFM station is required to provide copies of all complaints alleging that the signal of such LPFM station is interfering with or impairing the reception of the signal of a full power station to such affected full power station.

(a) LPFM Stations Licensed at Locations That Do Not Satisfy Third-Adjacent Channel Minimum Distance Separations. An LPFM station licensed at a location that does not satisfy the third-adjacent channel minimum distance separations set forth in § 73.807 is subject to the following provisions:

(1) Such an LPFM station will not be permitted to continue to operate if it causes any actual third-adjacent channel interference to:

(i) The transmission of any authorized broadcast station; or

(ii) The reception of the input signal of any TV translator, TV booster, FM translator or FM booster station; or

(iii) The direct reception by the public of the off-the-air signals of any authorized broadcast station including TV Channel 6 stations, Class D (secondary) noncommercial educational FM stations, and previously authorized and operating LPFM stations, FM translators and FM booster stations. Interference will be considered to occur whenever reception of a regularly used signal on a third-adjacent channel is impaired by the signals radiated by the LPFM station, regardless of the quality of such reception, the strength of the signal so used, or the channel on which the protected signal is transmitted.

(2) If third-adjacent channel interference cannot be properly eliminated by the application of suitable techniques, operation of the offending LPFM station shall be suspended and shall not be resumed until the interference has been eliminated. Short test transmissions may be made during the period of suspended operation to check the efficacy of remedial measures. If a complainant refuses to permit the licensee of the offending LPFM station to apply remedial techniques which demonstrably will eliminate the thirdadjacent channel interference without impairment to the original reception, the licensee is absolved of further responsibility for that complaint.

(3) Upon notice by the Commission to the licensee that such third-adjacent channel interference is being caused, the operation of the LPFM station shall be suspended within three minutes and shall not be resumed until the interference has been eliminated or it can be demonstrated that the interference is not due to spurious emissions by the LPFM station; provided, however, that short test transmissions may be made during the period of suspended operation to check the efficacy of remedial measures.

(b) A full power station shall review all complaints it receives, either directly or indirectly, from listeners regarding alleged interference caused by the operations of an LPFM station. Such full power station shall also identify those that qualify as bona fide complaints under this section and promptly provide such LPFM station with copies of all bona fide complaints. A bona fide complaint:

(b) LPFM Stations Licensed at Locations That Satisfy Third-Adjacent Channel Minimum Distance Separations. An LPFM station licensed at a location that satisfies the thirdadjacent channel minimum distance separations set forth in § 73.807 is subject to the following provisions:

(i) Is a complaint alleging third adjacent channel interference caused by an LPFM station that has its transmitter site located within the predicted 60 dBu contour of the affected full power station as such contour existed as of the date the LPFM station construction permit was granted;

(ii) Must be in the form of an affidavit, and state the nature and location of the alleged interference;

(iii) Must involve a fixed receiver located within the 60 dBu contour of the affected full power station and not more than one kilometer from the LPFM transmitter site; and

(iv) Must be received by either the LPFM or full power station within one year of the date on which the LPFM station commenced broadcasts with its currently authorized facilities.

(1) Interference Complaints and Remediation.

(i) Such an LPFM station is required to provide copies of all complaints alleging that its signal is causing third-adjacent channel interference to or impairing the reception of the signal of a full power FM, FM translator or FM booster station to such affected station and to the Commission.

(ii) A full power FM, FM translator or FM booster station shall review all complaints it receives, either directly or indirectly, from listeners regarding alleged third-adjacent channel interference caused by the operations of such an LPFM station. Such full power FM, FM translator or FM booster station shall also identify those that qualify as bona fide complaints under this section and promptly provide such LPFM station with copies of all bona fide complaints. A bona fide complaint:

(A) Must include current contact information for the complainant;

(B) Must state the nature and location of the alleged third-adjacent channel interference and must specify the call signs of the LPFM station and affected full power FM, FM translator or FM booster station, and the type of receiver involved; and

(C) Must be received by either the LPFM station or the affected full power FM, FM translator or FM booster station within one year of the date on which the LPFM station commenced broadcasts with its currently authorized facilities.

(iii) The Commission will accept bona fide complaints and will notify the licensee of the LPFM station allegedly causing third-adjacent channel interference to the signal of a full power FM, FM translator or FM booster station of the existence of the alleged interference within 7 calendar days of the Commission’s receipt of such complaint

(c) (iv) Such An an LPFM station will be given a reasonable opportunity to resolve all interference complaints of third-adjacent channel interference within the protected contour of the affected full power FM, FM translator or FM booster station. A complaint will be considered resolved where the complainant does not reasonably cooperate with an LPFM station’s remedial efforts. Such an LPFM station also is encouraged to address all other complaints of third-adjacent channel interference, including complaints based on interference to a full power FM, FM translator or FM booster station by the transmitter site of the LPFM station at any distance from the full power, FM translator or FM booster station.

(d) (v) In the event that the number of unresolved complaints of third-adjacent channel interference within the protected contour of the affected full power FM, FM translator or FM booster station plus the number of complaints for which the source of third-adjacent channel interference remains in dispute equals at least one percent of the households within one kilometer of the LPFM transmitter site or thirty households, whichever is less, the LPFM and full power stations must cooperate in an ‘‘on-off’’ test to determine whether the interference is traceable to the LPFM station.

(e) (vi) If the number of unresolved and disputed complaints of third-adjacent channel interference within the protected contour of the affected full power, FM translator or FM booster station exceeds the numeric threshold specified in subsection (d) paragraph (b)(1)(v) of this section following an ‘‘on-off’’ test, the full power affected station may request that the Commission initiate a proceeding to consider whether the LPFM station license should be modified or cancelled, which will be completed by the Commission within 90 days. Parties may seek extensions of the 90 day deadline consistent with Commission rules.

(f) (vii) An LPFM station may stay any procedures initiated pursuant to paragraph (e) (b)(1)(vi) of this section by voluntarily ceasing operations and filing an application for facility modification within twenty days of the commencement of such procedures.

(2) Periodic Announcements.

(i) For a period of one year from the date of licensing of a new LPFM station that is constructed on a third-adjacent channel and satisfies the third-adjacent channel minimum distance separations set forth in § 73.807, such LPFM station shall broadcast periodic announcements. The announcements shall, at a minimum, alert listeners of the potentially affected third-adjacent channel station of the potential for interference, instruct listeners to contact the LPFM station to report any interference, and provide contact information for the LPFM station. The announcements shall be made in the primary language(s) of both the new LPFM station and the potentially affected third-adjacent channel station(s). Sample announcement language follows: 

On (date of license grant), the Federal Communications Commission granted (LPFM station’s call letters) a license to operate. (LPFM station’s call letters) may cause interference to the operations of (thirdadjacent channel station’s call letters) and (other third-adjacent channel stations’ call letters). If you are normally a listener of (third-adjacent channel station’s call letters) or (other third-adjacent channel station’s call letters) and are having difficulty receiving (third-adjacent channel station call letters) or (other third-adjacent channel station’s call letters), please contact (LPFM station’s call letters) by mail at (mailing address) or by telephone at (telephone number) to report this interference.

(ii) During the first thirty days after licensing of a new LPFM station that is constructed on a third-adjacent channel and satisfies the third-adjacent channel minimum distance separations set forth in Section 73.807, the LPFM station must broadcast the announcements specified in paragraph (b)(2)(i) of this section at least twice daily. The first daily announcement must be made between the hours of 7 a.m. and 9 a.m., or 4 p.m. and 6 p.m. The LPFM station must vary the time slot in which it airs this announcement. For stations that do not operate at these times, the announcements shall be made during the first two hours of broadcast operations each day. The second daily announcement must be made outside of the 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m. time slots. The LPFM station must vary the times of day in which it broadcasts this second daily announcement in order to ensure that the announcements air during all parts of its broadcast day. For stations that do not operate at these times, the announcements shall be made during the first two hours of broadcast operations each day. For the remainder of the one year period, the LPFM station must broadcast the announcements at least twice per week. The announcements must be broadcast between the hours of 7 a.m. and midnight. For stations that do not operate at these times, the announcements shall be made during the first two hours of broadcast operations each day.

(iii) Any new LPFM station that is constructed on a third-adjacent channel and satisfies the minimum distance separations set forth in § 73.807 must:

(A) notify the Audio Division, Media Bureau, and all affected stations on third-adjacent channels of an interference complaint. The notification must be made electronically within 48 hours after the receipt of an interference complaint by the LPFM station; and

(B) cooperate in addressing any thirdadjacent channel interference.

78 FR 2104 (Jan 9, 2013)

(a)  LPFM Stations Licensed at Locations That Do Not Satisfy Third-Adjacent Channel Minimum Distance Separations.  An LPFM station licensed at a location that does not satisfy the third-adjacent channel minimum distance separations set forth in Section 73.807 is subject to the following provisions:

(1)  Such an LPFM station will not be permitted to continue to operate if it causes any actual third-adjacent channel interference to: 

(i) The transmission of any authorized broadcast station; or

(b) The reception of the input signal of any TV translator, TV booster, FM translator or FM booster station; or

(c) The direct reception by the public of the off-the-air signals of any authorized broadcast full-service station or previously authorized secondary station including TV Channel 6 stations, Class D (secondary) noncommercial educational FM stations, and previously authorized and operating LPFM stations, FM translators and FM booster stations.  Interference will be considered to occur whenever reception of a regularly used signal on a third-adjacent channel is impaired by the signals radiated by the LPFM station, regardless of the quality of such reception, the strength of the signal so used, or the channel on which the protected signal is transmitted.

(2)  If third-adjacent channel interference cannot be properly eliminated by the application of suitable techniques, operation of the offending LPFM station shall be suspended and shall not be resumed until the interference has been eliminated.  Short test transmissions may be made during the period of suspended operation to check the efficacy of remedial measures.  If a complainant refuses to permit the licensee of the offending LPFM station to apply remedial techniques which demonstrably will eliminate the third-adjacent channel interference without impairment to the original reception, the licensee is absolved of further responsibility for that complaint.

(3)  Upon notice by the Commission to the licensee that such third-adjacent channel interference is being caused, the operation of the LPFM station shall be suspended within three minutes and shall not be resumed until the interference has been eliminated or it can be demonstrated that the interference is not due to spurious emissions by the LPFM station; provided, however, that short test transmissions may be made during the period of suspended operation to check the efficacy of remedial measures.

(b)  LPFM Stations Licensed at Locations That Satisfy Third-Adjacent Channel Minimum Distance Separations.  An LPFM station licensed at a location that satisfies the third-adjacent channel minimum distance separations set forth in Section 73.807 is subject to the following provisions:

(1)  Interference Complaints and Remediation. 

(a)  Such an LPFM station is required to provide copies of all complaints alleging that its signal is causing third-adjacent channel interference to or impairing the reception of the signal of a full power FM, FM translator or FM booster station to such affected station and to the Commission.

(b)  A full power FM, FM translator or FM booster station shall review all complaints it receives, either directly or indirectly, from listeners regarding alleged third-adjacent channel interference caused by the operations of such an LPFM station.  Such full power FM, FM translator or FM booster station shall also identify those that qualify as bona fide complaints under this section and promptly provide such LPFM station with copies of all bona fide complaints.  A bona fide complaint: 

(i)  Must include current contact information for the complainant;

(ii)  Must state the nature and location of the alleged third-adjacent channel interference and must specify the call signs of the LPFM station and affected full power FM, FM translator or FM booster station, and the type of receiver involved; and

(iii)  Must be received by either the LPFM station or the affected full power FM, FM translator or FM booster station within one year of the date on which the LPFM station commenced broadcasts with its currently authorized facilities.

(c)  The Commission will accept bona fide complaints and will notify the licensee of the LPFM station allegedly causing third-adjacent channel interference to the signal of a full power FM, FM translator or FM booster station of the existence of the alleged interference within 7 calendar days of the Commission’s receipt of such complaint.

(d)  Such an LPFM station will be given a reasonable opportunity to resolve all complaints of third-adjacent channel interference within the protected contour of the affected full power FM, FM translator or FM booster station.  A complaint will be considered resolved where the complainant does not reasonably cooperate with an LPFM station’s remedial efforts.  Such an LPFM station also is encouraged to address all other complaints of third-adjacent channel interference, including complaints based on interference to a full power FM, FM translator or FM booster station by the transmitter site of the LPFM station at any distance from the full power, FM translator or FM booster station.

(e)  In the event that the number of unresolved complaints of third-adjacent channel interference within the protected contour of the affected full power FM, FM translator or FM booster station plus the number of complaints for which the source of third-adjacent channel interference remains in dispute equals at least one percent of the households within one kilometer of the LPFM transmitter site or thirty households, whichever is less, the LPFM and affected stations must cooperate in an “on-off” test to determine whether the third-adjacent channel interference is traceable to the LPFM station.

(f)  If the number of unresolved and disputed complaints of third-adjacent channel interference within the protected contour of the affected full power, FM translator or FM booster station exceeds the numeric threshold specified in subsection (b)(4) following an “on-off” test, the affected station may request that the Commission initiate a proceeding to consider whether the LPFM station license should be modified or cancelled, which will be completed by the Commission within 90 days.  Parties may seek extensions of the 90-day deadline consistent with Commission rules.

(g)  An LPFM station may stay any procedures initiated pursuant to paragraph (b)(5) of this section by voluntarily ceasing operations and filing an application for facility modification within twenty days of the commencement of such procedures.

(2)  Periodic Announcements. 

(a)  For a period of one year from the date of licensing of a new LPFM station that is constructed on a third-adjacent channel and satisfies the third-adjacent channel minimum distance separations set forth in Section 73.807, such LPFM station shall broadcast periodic announcements.  The announcements shall, at a minimum, alert listeners of the potentially affected third-adjacent channel station of the potential for interference, instruct listeners to contact the LPFM station to report any interference, and provide contact information for the LPFM station.  The announcements shall be made in the primary language(s) of both the new LPFM station and the potentially affected third-adjacent channel station(s).  Sample announcement language follows: 

On (date of license grant), the Federal Communications Commission granted (LPFM station’s call letters) a license to operate.  (LPFM station’s call letters) may cause interference to the operations of (third-adjacent channel station’s call letters) and (other third-adjacent channel stations’ call letters).  If you are normally a listener of (third-adjacent channel station’s call letters) or (other third-adjacent channel station’s call letters) and are having difficulty receiving (third-adjacent channel station call letters) or (other third-adjacent channel station’s call letters), please contact (LPFM station’s call letters) by mail at (mailing address) or by telephone at (telephone number) to report this interference.

(b)  During the first thirty days after licensing of a new LPFM station that is constructed on a third-adjacent channel and satisfies the third-adjacent channel minimum distance separations set forth in Section 73.807, the LPFM station must broadcast the announcements specified in paragraph (b)(2)(a) at least twice daily.  The first daily announcement must be made between the hours of 7 a.m. and 9 a.m., or 4 p.m. and 6 p.m.  The LPFM station must vary the time slot in which it airs this announcement.  For stations that do not operate at these times, the announcements shall be made during the first two hours of broadcast operations each day.  The second daily announcement must be made outside of the 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m. time slots.  The LPFM station must vary the times of day in which it broadcasts this second daily announcement in order to ensure that the announcements air during all parts of its broadcast day.  For stations that do not operate at these times, the announcements shall be made during the first two hours of broadcast operations each day.  For the remainder of the one year period, the LPFM station must broadcast the announcements at least twice per week.  The announcements must be broadcast between the hours of 7 a.m. and midnight.  For stations that do not operate at these times, the announcements shall be made during the first two hours of broadcast operations each day. 

(c)  Any new LPFM station that is constructed on a third-adjacent channel and satisfies the minimum distance separations set forth in Section 73.807 must:

(i) notify the Audio Division, Media Bureau, and all affected stations on third-adjacent channels of an interference complaint.  The notification must be made electronically within 48 hours after the receipt of an interference complaint by the LPFM station; and

(ii)  cooperate in addressing any third-adjacent channel interference.