Board / Ownership Changes

Question: Can LPFM ownership be transferred to another group? 

Answer: Form 314 should be used when a complete ownership change occurs; Form 315 when there is no change of ownership but all or virtually all board change, and Form 316 when the board changes by 50% or more (i.e. four members of an 8 member board).  Some questions asked in these forms (i.e. full-power points system and "market size / share") do not apply to LPFM and should be answered "N/A".

Question: What percentage of an LPFM's original board can be changed without notifying the FCC?  

Answer: 49% since 50% constitutes "negative control" (a tie vote), thus, when three members of a six-member board change, the FCC must be notified.  The FCC must be notified of address change via paper Form 5072.  Bi-annual ownership reports are not required.   (There is no requirement that board members live within ten (or 20) miles of the transmitter site if an organization's headquarters and transmitter are within ten (or 20) miles of each other.  

Question: What happens if a station's state corporate records / board is different from the organizational / board information given to the FCC? 

Answer: So far, nothing. State and FCC officials not cross-check corporate paperwork with each other, they don't care when discrepancies are pointed out.  Two boards in Huber Heights, OH both claimed to be the real operator on an LPFM station serving Dayton.  The FCC refused to get involved.  Local officials also refused to rule; a civil lawsuit ensued.  Differences were ultimately resolved before the case went to trial.

Change Frequency to Increase Coverage 

KAAJ-LP, Monticello, UT, achieves an incredible 60% audience share when airing live the City Council meetings or out-of-town games of their high school football team (state champions).  This is easy considering that KAAJ-LP is the only station in this town of 2,000.   This station, operated by the First Baptist Church, has been on the air since October 2002.  It is being featured in the Salt Lake Tribune as "the only successful low power FM station in Utah."  

KAAJ-LP's RFcast transmitter is frequency-agile and its Nicom BKG77 antenna is broadband.  Christian Community Broadcasters has handled all filings, including a frequency change, provided the RF equipment.  Incidentally, the FCC twice gave KAAJ-LP only 28-31 watts ERP, rather that the correct 100 watts.  The problem?  FCC software confused a ravine with a mountains!  (There are many HAAT errors in the Rocky Mountain.)