Document text
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of:
Elimination of Outdated and Unnecessary Regulations in the Broadcasting
Industry
GN Docket No. 25-133
Comments of the LPFM Advocacy Group (LPFM-AG)
I. Introduction
The LPFM Advocacy Group (LPFM-AG) submits these comments in response to the Federal
Communications Commission's (FCC) Public Notice seeking input on deregulatory initiatives to
alleviate unnecessary regulatory burdens in the broadcasting industry. We commend the
Commission's efforts to modernize regulations and promote investment, innovation, and
competition in the communications marketplace.
ll. Expanding Underwriting to Remove Content
Restrictions
Historical Expansion of Underwriting Guidelines
The FCC has previously expanded underwriting guidelines multiple times, recognizing the
evolving financial needs of noncommercial educational (NCE) broadcasters while maintaining
compliance with the Communications Act. The following key decisions provide precedent for
further reinterpretation:
1. 1981 Expansion:
Second Report and Order, 86 FCC 2d 141 (1981)
The FCC initiated changes to provide NCE stations with greater flexibility in
acknowledging underwriters, aiming to enhance funding opportunities while
maintaining noncommercial integrity.
2. 1982 Clarification:
o Commission Policy Concerning the Noncommercial Educational Nature of
Educational Broadcasting Stations, 90 FCC 2d 895 (1982)
o Further clarifications were issued to delineate permissible content in underwriting
announcements, balancing the need for station support with adherence to
noncommercial standards.
3. 1984 Enhancement:
o Commission Policy Concerning the Noncommercial Educational Nature of
Educational Broadcasting Stations, 97 FCC 2d 255 (1984)
o The FCC allowed "enhanced underwriting" acknowledgments, permitting:
m Logograms or slogans that identify but do not promote.
m Location information.
m Value-neutral descriptions of product lines or services.
m Brand and trade names, along with product or service listings.
o This expansion aimed to attract additional business support, improving financial
self-sufficiency without compromising the noncommercial nature of NCE stations.
Building upon these precedents, we propose that the FCC further reinterpret underwriting rules
to allow NCE-FM stations to air full commercial advertisements under the expanded definition of
underwriting. This reform is particularly urgent given the recent political momentum to defund
the Corporation for Public Broadcasting (CPB) and FCC Chairman Brendan Carr's renewed
scrutiny of underwriting violations. If CPB funding is eliminated, many NCE-FM stations will
struggle to continue operating as public servants under the current restrictive financial model.
Expanding underwriting flexibility is necessary to ensure these stations can remain viable and
continue providing vital community-focused programming without reliance on government
subsidies. Additionally, this change would create new opportunities for America's small
businesses—particularly mom-and-pop stores—that are currently priced out of FM radio
advertising by larger broadcast groups. By allowing NCE-FM stations to offer affordable
advertising options under expanded underwriting rules, the FCC can foster a more competitive
media landscape where local businesses have a voice in their communities. This approach
would enable stations to generate necessary revenue while preserving their educational mission
and compliance with the Communications Act.
1. Remove Content-Based Restrictions on Underwriting Messages
Current Rule: 47 CFR § 73.503(d) and the applicable sections within § 73.801 that pertain
to underwriting restrictions
"No promotional announcement on behalf of for-profit entities shall be broadcast in exchange for
consideration to the licensee, its principals, or employees. Acknowledgments of contributions
can be made, provided they do not interrupt regular programming."
Proposed Change: Modify 47 CFR § 73.503(d) and § 73.801 to eliminate content restrictions
on underwriting announcements. Instead of limiting underwriting language, the FCC should
permit full commercial advertisements under the expanded interpretation of underwriting, as the
Commission has previously done when revising NCE rules. This approach ensures that the
NCE classification remains intact while allowing stations to generate sustainable revenue.
2. Modify LPFM License Sale Restrictions to Match LPTV
Current Rule: 47 CFR § 73.865(a)
"The assignment or transfer of an LPFM license shall be permitted only to nonprofit educational
organizations and governmental entities, and such transfers may not be made for consideration
exceeding the depreciated fair market value of the physical equipment.”
Proposed Change: Modify 47 CFR § 73.865(a) to allow LPFM license sales at market value
and permit transfers to any nonprofit organization, regardless of whether they own other LPFM
or NCE-FM stations. This aligns LPFM station transfers with LPTV station sales, providing
licensees with financial incentives for public service and promoting responsible station
management.
lll. Technical and Structural Reforms for LPFM
3. Allow Directional Antennas for LPFM Stations
Current Rule: 47 CFR § 73.816
"LPFM stations must use non-directional antennas unless a waiver is granted for public safety
or service contour compliance.”
Proposed Change: Modify 47 CFR § 73.816 to permit LPFM stations to use directional
antennas under the same standards as FM translators. This change would allow stations to
optimize their signal coverage while preventing interference.
4. Remove Certified Transmitter Requirements for LPFM
Current Rule: 47 CFR § 73.1660(a)(2)
"Only transmitters specifically certified for LPFM use may be utilized by LPFM stations."
Proposed Change: Modify 47 CFR § 73.1660(a)(2) to allow LPFM stations to use any legally
compliant Part 73 FM transmitter, just as full-power FM stations and translators are permitted to
do. This change reflects LPFM's maturity as a service and eliminates an unnecessary regulatory
burden.
IV. Maintaining Nonprofit Ownership for LPFM and
NCE-FM
5. Preserve the Nonprofit Ownership Requirement
Current Rule: 47 CFR § 73.503(a) and § 73.853(a)
"A noncommercial educational FM broadcast station will be licensed only to a nonprofit
educational organization, governmental entity, or public institution.”
Proposed Change: Retain 47 CFR § 73.503(a) and § 73.853(a) without modification. This
ensures compliance with congressional mandates while allowing for financial and operational
flexibility.
V. Conclusion
As the FCC moves forward with deregulation, it should prioritize reforms that foster economic
growth and self-sustainability for LPFM and NCE-FM stations. By expanding underwriting
flexibility, eliminating outdated licensing restrictions, and modernizing technical regulations, the
Commission will empower local stations to thrive in a competitive media environment.
The LPFM Advocacy Group respectfully urges the FCC to consider these recommendations to
create a regulatory framework that supports small broadcasters while upholding public service
commitments.
Respectfully submitted,
Dave Solomon
LPFM Advocacy Group (LPFM-AG)
PO Box 25222
Greenville, SC 29616
March 16, 2025