Introduction

In the following sections, we provide some basic information about radio and television stations and the related application processes.

Heavy Demand for New Broadcast Stations. Potential applicants for radio and television services should be aware that frequencies for these services are always in heavy demand. For example, the Commission received approximately 30,000 inquiries from persons seeking to start radio broadcast stations last year. Where broadcast frequencies remain available, competing applications are routinely received. Thus, you are cautioned at the outset that the filing of an application does not guarantee that you will receive a broadcast station construction permit. You should also be aware that in many areas of the country, no frequencies may be available on which a new station could commence operating without causing interference to existing stations, which would violate FCC rules. For that reason, we do not recommend that you purchase any equipment before receiving a construction permit from the FCC.

Expansion of the AM or FM radio bands is unlikely to occur in the near future. 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 recently expanded from 1600 to 1700 kHz after years of international negotiations, however those frequencies are reserved for existing stations which were causing significant interference in the lower part of the band.

Unlicensed Operation Prohibited. A very common question asked to 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 such 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.) Unlicensed operation is also 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.

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 we note that 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 is rapidly moving toward electronic filing of its applications and the elimination of 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. However, at some future date you will not be able to file paper forms when applying for a broadcast station construction permit. At that time, access to a computer will be mandatory.

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, which may be retrieved through the Internet at http://www.fcc.gov/fcc-bin/audio/appfees.html.

FCC Application Forms. FCC application forms may be retrieved through the Internet at http://www.fcc.gov/formpage.html, by calling the FCC Forms line at (202)-418-3676 and leaving the form number and address on the answering machine provided for that purpose, or by writing to:

and requesting the appropriate form (e.g., FCC Form 340). Broadcast application forms available for electronic filing may be retrieved through http://www.fcc.gov/mb/elecfile.html.

FCC Rules. Any FCC rule may be retrieved at the Code of Federal Regulations site at http://www.gpoaccess.gov/cfr/index.html. Parts 70 to 79 of the Code of Federal Regulations, which contains the radio and television broadcast station rules in Part 73 and the FM and TV translator rules in Part 74, may also be obtained in book form from the Government Printing Office, 866-512-1800.

For your convenience, we have complied the radio broadcast station rules on the Internet at http://www.fcc.gov/fcc-bin/audio/amfmrule.html. FM translator station rules may be retrieved at http://www.fcc.gov/fcc-bin/audio/part74rule.html. These rule lists are updated once a year, after the Code of Federal Regulations is updated to reflect rule changes from the previous year.

Mutually Exclusive Commercial Auctions. Where conflicts occur between mutually exclusive commercial applicants (that is to say, where interference would be created between applicants were all applications to be granted), the conflict will be resolved by means of an auction. The auction process was mandated by Congress and the President in the Telecommunications Act of 1996. Fees and auction payments collected by the FCC are directed to the U.S. Treasury.

Information about the auction process is available on the Internet at http://wireless.fcc.gov/auctions/. Please note that we cannot provide advance information as to when an auction or application filing window for a particular service might be opened. However, notice of an auction procedding or an application filing window period will be posted in the Headlines at the Media Bureau website.

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 were all applications to be granted) will be resolved through the application of a point system. The point system is described in the Report and Order in MM Docket 95-31, FCC 00-120, released April 21, 2000 [ PDF | Word | txt ]. See also the Memorandum Opinion and Order, MM Docket 95-31, FCC 01-64, released February 28, 2001 [ PDF | Word | txt ], [ Appendex D (PDF); Appendix D (Word) ].

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 73.182(s) (for example 2 x 800 kHz = 1600 kHz for the second harmonic relationship; or 800 kHz + 455 kHz IF 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.

Rules. AM station rules include 47 CFR 73.1 through 73.190, and 73.1001 through 73.5009. These rules may be retrieved at http://www.fcc.gov/fcc-bin/audio/amfmrule.html or obtained from the Government Printing Office at the location listed in the Introduction above.

Form to Use, Application Filing Fee. Applications for new AM broadcast stations must be electronically filed on FCC Form 301 during a specified application window period. Noncommercial educational applicants should use FCC Form 340. Commercial applicants must include the new station application filing fee listed in the Media Bureau Fee Filing Guide and include FCC Form 159 with the fee payment and application. Please note that payments for commercial applications must be directed to the Pittsburgh, PA address listed in the Media Bureau Fee Filing Guide, and NOT the FCC in Washington, DC.

Additional Information about AM broadcast stations and applications may be accessed on the Internet at http://www.fcc.gov/mb/audio/main/am.html.

NOTICE: THE FCC IS NOT ACCEPTING APPLICATIONS FOR NEW AM BROADCAST STATIONS AT THE PRESENT TIME. The Media Bureau will announce a filing window period at intervals during which new station applications and major change applications may be filed. Filing window announcements will be made via public notice, and notice will also be posted at several locations on the Commission's Internet Web site (including the Audio Division's main page at http://www.fcc.gov/mb/audio/index.html#HEADLINES).

FM Commercial Stations

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 such applications must meet the spacing, city coverage, and other technical criteria applicable to commercial stations.

Rules. FM commercial station rules include 47 CFR 73.201 through 73.333, and 73.1001 through 73.7005. These rules may be retrieved at http://www.fcc.gov/fcc-bin/audio/amfmrule.html or obtained from the Government Printing Office at the location listed in the Introduction above.

Allotment Required for FM Commercial Stations. An allotment must be created before applications can be accepted for commercial FM stations. The allotment is a set of reference coordinates which meet the spacing requirements to other U.S., Canadian, and Mexican stations. These spacing requirements, which are contained in rule section 47 CFR 73.207, may be viewed at http://www.fcc.gov/fcc-bin/audio/73207.html. The allotment coordinates must also provide for a minimum signal strength of 70 dBu over 100% of the area of the community of license, using the maximum reference effective radiated power and antenna height for the FM station class.

As FM commercial allotments are adopted by the Commission, they are added to the Table of Allotments (47 CFR 73.202). For each new allotment, an application filing window will be opened at some future date, during which applications on FCC Form 301 must be filed.

Applicants may petition the Commission to add new FM commercial allotments. There is no form on which a petition for rulemaking must be filed. Each petition should contain:

1. the community of license for which the channel is sought;
2. the frequency or channel;
3. a set of reference coordinates proposed for the allotment (latitude and longitude);
4. and an expression of interest in applying for the channel, if it is allocated.

Only proposed allotments which meet the spacing and city coverage criteria will be put out for public comment. Other parties will then have an opportunity to file comments or counterproposals to the proposed allotment.

Petitions for rulemaking for new allotments should be directed (in triplicate) to the attention of the Audio Division (MB), c/o Office of the Secretary TW B204, FCC, 445 12th Street NW, Washington, DC 20554.

Once the comment period is closed, the Commission will then make new allotments in keeping with its existing procedures. No finders' preference is made either at the allotment rulemaking or at the application stage.

Form to Use, Application Filing Fee. Once the auction filing window dates are announced for allotments which were created previously, instructions for filing applications will be released on a Public Notice, which will also be placed on the FCC's Internet site. Please note the we cannot provide advance information as to when the next auction or application filing window might take place.

You may find it helpful to examine FCC Form 301 to see what sort of information will be required with an application. Competing applications received during the application filing window will be set for auction, with the highest bidder receiving the construction permit for that allotment. Additional Information about FM broadcast stations and applications may be accessed on the Internet at http://www.fcc.gov/mb/audio/main/fm.html.

NOTICE: THE FCC WILL ACCEPT APPLICATIONS FOR 290 VACANT COMMERCIAL FM ALLOTMENTS ON NOVEMBER 3, 2004 (Auction No. 37).

The Media Bureau will announce a filing window period during which new radio station applications and major change applications may be filed. Filing window announcements will be made via public notice, and notice will also be posted at several locations on the Commission's Internet Web site (including the Audio Division's main page at http://www.fcc.gov/mb/audio/index.html#HEADLINES).

FM Noncommercial Educational Stations

FM noncommercial commercial stations may be authorized on 88.1 MHz to 91.9 MHz, corresponding to Channels 201 through 220. 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 to determine if interference will exist to other stations (see 47 CFR 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). These rules may be retrieved at http://www.fcc.gov/fcc-bin/audio/amfmrule.html or obtained from the Government Printing Office at the location listed in the Introduction above.

No allotment; no contour overlap. For noncommercial educational 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 which will not cause interference to other stations. Interference calculations are made using specified signal strength contours, where protected service contours (think of a rough circle at some distance from the transmitter site) for one station generally cannot overlap the interfering contours for another station (see rule section 47 CFR 73.509). Applicants must also protect pending applications which were filed before the announcement of the application filing window.

NOTICE: THE FCC IS NOT ACCEPTING APPLICATIONS FOR NEW FM NONCOMMERCIAL EDUCATIONAL BROADCAST STATIONS AT THE PRESENT TIME. The Media Bureau will announce a filing window period during which new noncommercial educational station applications and major change applications may be filed. Filing window announcements will be made via public notice, and notice will also be posted at several locations on the Commission's Internet Web site (including the Audio Division's main page at http://www.fcc.gov/mb/audio/index.html#HEADLINES).

Form to Use. FCC Form 340 for noncommercial educational stations must be used to apply for this type of FM station. Since no application filing fee is involved, these applications must be filed (in triplicate) with the Office of the Secretary, Room TW B204, 445 12th Street SW, Washington, DC 20554.

Additional information about FM noncommercial educational broadcast stations may be reviewed at http://www.fcc.gov/mb/audio/main/fm.html.

Low Power FM Stations

Low power FM stations operate with 1 to 100 watts of power and cover a radius of approximately 5.6 km (3.5 miles). Current information about the low power FM filing service is maintained on the LPFM page at http://www.fcc.gov/mb/audio/lpfm/index.html. The Audio Division has also assembled a program to help locate available FM channels for LPFM stations.

Applications for new LPFM stations may only be filed during the dates specified for an application filing window. Applications received at other times will be returned without consideration. We cannot provide advance information as to when the next application filing window may be, but when announcement is made, it will be posted on the Audio Division home page at http://www.fcc.gov/mb/audio/index.html#HEADLINES and on the LPFM main page at http://www.fcc.gov/mb/audio/lpfm/index.html.

Low Power FM Stations

FM translator stations rebroadcast existing FM stations to small areas. Noncommercial educational FM translators may be authorized on any frequency, while FM translators rebroadcasting commercial stations must stay on frequencies from 92.1 MHz to 107.9 MHz (Channels 221 to 300). Translator stations are prohibited from transmitting any programming not also transmitted on the originating or primary station at the same time.

Form to Use, Application Filing Fee. FCC Form 345 for translator stations must be used to apply for this type of FM station. Commercial applicants must include the new station application filing fee listed in the Media Bureau Fee Filing Guide and include FCC Form 159 with the fee payment and application. Please note that commercial applications must be directed to the Pittsburgh, PA address listed in the Media Bureau Fee Filing Guide, and NOT the FCC in Washington, DC. Competing applications will be set for auction, with the highest bidder receiving the construction permit for that allotment.

Noncommercial applicants are not required to submit the application filing fee. Noncommercial FM translator applications for new stations must be filed (in triplicate) with the Office of the Secretary, Room TW B204, FCC, 445 12th Street SW, Washington, DC 20554.

NOTICE: APPLICATIONS FOR NEW COMMERCIAL OR NONCOMMERCIAL EDUCATIONAL TRANSLATORS MAY NOT BE FILED AT THE PRESENT TIME. The Media Bureau will announce a filing window period at intervals during which new station applications and major change applications may be filed. Filing window announcements will be made via public notice, and notice will also be posted at several locations on the Commission's Internet Web site (including the Audio Services Division's main page at http://www.fcc.gov/mb/audio/index.html#HEADLINES"). Please note the we cannot provide advance information as to when the next application filing window might be.

Rules, Additional Information About FM Translator Stations. Rules for FM translator stations may be viewed at http://www.fcc.gov/fcc-bin/audio/part74rule.html. Translator rules may also be obtained from the Government Printing Office at the location listed in the Introduction above. FM translator rules include 47 CFR 74.1201 through 74.1290, and there are numerous references to rules in Part 73.

Additional information about FM translators is available at http://www.fcc.gov/fcc-bin/audio/translator.html and http://www.fcc.gov/mb/audio/main/fm.html.

Television Stations

Television in the United States is allocated through a Table of Allotments (47 CFR 73.606), just as commercial FM allotments are made. However, television is in the midst of a conversion to digital transmissions. Currently, each television station has been temporarily assigned a second TV channel on which to broadcast its digital signal, while the original channel continues broadcasting the analog signal. At some future date, the TV broadcaster must give up the second channel. Total conversion to digital operation is not expected to be completed until the year 2006.

No new station application may be filed. Until the conversion to digital TV broadcasting is complete, the Commission is not accepting applications for new television stations.

Auctions will be required. Once applications for new television stations begin to be accepted by the Commission at some future date (to be announced in a Public Notice), these applications will be subject to broadcast auctions, with the possible exception of those few allotments specifically reserved for noncommmercial educational television use.

Rules. Television rules are covered in 47 CFR 73.601 to 73.699, and 47 CFR 73.1001 to 73.5009. These rules may be retrieved at http://www.access.gpo.gov/nara/cfr/ or obtained from the Government Printing Office at the location listed in the Introduction above.

Low Power Television (LPTV) and TV Translator Stations

A Low Power Television (LPTV) station operates with less than 150 kW of power on Channels 14 through 69, or 3 kW on Channels 2 through 13. A LPTV may broadcast material independent of any television station. A television translator station merely rebroadcasts the programming of an existing television station.

Form to Use, Filing Window. An application filing window will periodically be announced (via Public Notice) during which interested parties may submit applications. Applicants will be required to use FCC Form 346, application for construction permit, when filing.

Rules. LPTV and television translator rules are covered in 47 CFR 74.701 through 74.784. There are numerous references to the television rules in Part 73. These rules may be retrieved at http://www.access.gpo.gov/nara/cfr/ or obtained from the Government Printing Office at the location listed in the Introduction above.

Buying an Existing Station

If you are considering purchasing a broadcast station, you must contact the current owner of the station. The FCC does not keep a list of stations potentially for sale, nor does it participate in negotiations of the sales contract. Also, we do not maintain a list of telephone numbers of station owners, due to the fact that telephone numbers often change.

After you have found a station for sale, and have signed a contract to purchase the station, FCC Form 314 (Application for Consent to Assignment of Broadcast Construction Permit or License) must be submitted within 30 days accompanied by the appropriate application filing fees. Applicants who apply to purchase a station may not take over operation until the FCC approves the application to purchase the station. Once the application is approved, the buyer must submit a letter of consummation within 90 days of the grant. FCC Form 323 (Ownership Report for commercial stations) or FCC Form 323-E (Ownership Report for Noncommercial Educational stations) must also be submitted within 90 days of the grant. FCC Form 315 (Application for Consent to Transfer of Control of Corporation Holding Broadcast Station Construction Permit or License) must be submitted when a controlling block of shares of a broadcasting company is transferred to a new entity or an individual. There is also a FCC Form 316 (Application for Consent to Assignment or Transfer of Control) which is used when a station is involuntarily transferred, such as to a trustee in bankruptcy. FCC Form 316 is also used for Pro Forma (changes in form, not substance) assignments and transfers, such as a sale from a person to a corporation controlled by that person.

Broadcast applications must be submitted in triplicate, with the appropriate application filing fee attached. (See the Media Fee Filing Guide for fee information). Applications for noncommercial educational stations do not require a filing fee.

Applicants Must Give Local Public Notice

All applicants for new broadcast stations (except LPFM) must give local notice in a newspaper of general circulation in the community in which the station is to be licensed. They must also afford an opportunity for the public to file comments on these applications with the Commission. Copies of the application must be maintained in the station's public files or at a location accessible to the public in the community where the station is proposed, for example a public library or post office. Licensees who submit a license renewal application must give local public notice of the filing by broadcasting announcements over their stations. See rule section 47 CFR 73.3580.

FCC Internet Site

The Media Bureau's Internet site contains much more information than can be covered here. We hope that you will find this information interesting and useful. We recommend that you spend some time reviewing this ever-increasing volume of material before attempting to prepare an application for construction permit.

Division Internet sites related to broadcasting: