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Looking for advice on licensing and operating an LPFM station in Monmouth County, New Jersey

I agree about hiring professional help upon announcement of a filing window. You can DIY in the studios, but you need professional services for filing and legal. When the time comes, hire a consulting engineer with a known history of filing successful FCC applications and a good reputation. If they specialize in LPFM or have filed LPFM successfully that is good.

I suggest hiring a communications attorney to advise if you have uncertainty about your license entity, and to review the application prior to filing. Follow the rules, including local ordinances. Use common sense, such as with safety matters like the tower. Community group DIY creativity can soar in the studio- furniture, acoustic treatment, artwork, layout, etc. Exotic expresso machine, custom wood headphone holders, have fun!
 
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Quick update -
  • NPO filing corrected, waiting for CPA to confirm that we are legal
  • Installed dark fiber between the "studio" and "transmitter" building (even if we don't end up with a license, the other strands are of use for the network, security cameras, and Wi-Fi)
  • Waiting on TOWAIR and official SHPO filing (TX site is NHS listed, however casual discussion indicates that they are fine with one or two Dielectric DCR-T Antennas on an existing pole in place of another (dead) antenna of similar profile and size)
  • Filled out the paper 318/319 as practice so we know whats involved
  • Have EAS logs ready (thanks R.D.P )
  • Continuing to ingest CD into our playout system - We have the physical media and cases to prove first purchase in case of an audit prior to entering an MLA.
  • Vanity toll free acquired (insane how cheap it was)
Will engage professional services for the filing. This is not brain surgery, however the legal stuff is a close second....

SP
 
Still here, and hoping for an LPFM window (and that no one plonks a translator where we hope to squeeze in)
Still waiting for the LPFM window to open, working on things in the background

Just finished making up the brackets to route the donated LDF7-50A to the tower. Setup is a unistrut arm to a welded custom bracket banded to the tower leg.

Adding a second run of LDF7-50A for future use by public safety or an amateur repeater using Andrew BHD-158 double block hangers.

FWIW, we know the LDF7-50A is nuclear overkill for the allowed TX 100M/100W power output for an LPFM, however it lets us dial back the output on the Nautel to reduce the AC power consumption.


SP
 
WXDP-LP, 102.3 in Hazlet NJ had their license cancelled on the 19th after it was revealed that the station was never built or operated. https://docs.fcc.gov/public/attachments/DOC-390304A1.pdf

Was licensed to HAZLER HISPANIC COMMUNITY RADIO, TX site is listed as 40°19'21.4"N 74°05'01.5"W which is the Monmouth Reform Temple on 332 Hance Ave in Tinton Falls, NJ.

10 miles from where we want to set up shop. Makes me want to go on an old-fashioned fox hunt looking for LFPM and non-comm station that are not actually on the air.....
 
WXDP-LP, 102.3 in Hazlet NJ had their license cancelled on the 19th after it was revealed that the station was never built or operated. https://docs.fcc.gov/public/attachments/DOC-390304A1.pdf

Was licensed to HAZLER HISPANIC COMMUNITY RADIO, TX site is listed as 40°19'21.4"N 74°05'01.5"W which is the Monmouth Reform Temple on 332 Hance Ave in Tinton Falls, NJ.

10 miles from where we want to set up shop. Makes me want to go on an old-fashioned fox hunt looking for LFPM and non-comm station that are not actually on the air.....
Fascinating story on that particular "filer" for hundreds of LPFM licenses across the contry headed by one particular individual. IIRC Prometheus was on to them but they went about things in a not-so-good way to make their case and lost credibility. I am surprised (although maybe I shouldn't be) that it took THIS long for someone to bring light to this license especially since there is a co-channel LPFM further down the parkway in the Brick area... at least there was a very long time ago when I was last down that way serving I want to say "Arrowhead Village" or something along that line but it never really "sounded" quite right to me with the audio sounding off and barely modulated if at all.
 
IIRC Prometheus was on to them but they went about things in a not-so-good way to make their case and lost credibility.
Setting the record straight on a few things. You are confusing two different events. REC filed against the 246 Cesar Guel sponsored LPFM applications filed in the 2013 LPFM Filing Window (including Hazler, NJ). As a result of this, we did get mixed results and there was no legal basis at the time to dismiss all of the applications from the FCC's perspective, but it was on their radar. It did also make the FCC keep a closer watch on this application activity going forward. It also resulted in changes in MB Docket 19-3, which required LPFM and NCE applicants to include a name and telephone number for site assurance information. The FCC had found as a result in the additional time we gave them by filing the objections that some of the proposed sites did not have the proper site assurance received prior to the filing of the application. During this event, REC did supplement several of the pending applications where we were able to find information that was otherwise in the public eye that would discredit these applications even more and in those cases, we did get those applications dismissed.

The Prometheus event you are thinking of did not have to do with new LPFM stations, but instead had to do with existing FM translators and it happened several years after the REC objections on the Cesar Guel applications (such as the one for Hazler, NJ). In that case, Prometheus, which at the time was down to only two people, had filed against every modification application filed for an FM translator stating that any move of a translator needed to be evaluated under the Local Community Radio Act. At the time, REC publicly stated that while we understand where Prometheus was coming from, we did not approve of this tactic and we were never a signatory to this. This is because the statutory language Section 5 of the LCRA states that the language that LPFM and translator licenses must be distributed based on community need applied only to new FM translator licenses, not to modifications of existing stations. While this did leave a bad taste in the mouths of many (and led to false accusations that REC was involved in it), I disagree that it has destroyed the credibility of Prometheus as a movement. It was a mistake on their part. If they had consulted with me, I would have advised against doing it because of my knowledge of the LCRA.

Prometheus is more aligned with social justice where REC is more aligned with citizen access to spectrum. I see what Prometheus did at the time as no different than chaining one's self to a tree to protest deforestation. REC's 2013 protest was targeted towards one specific subset of LPFM applications with some common boilerplate attributes where Prometheus' dragnet was much much wider and did not involve much research into individual situations. Again, I don't support their tactics, but I do support their passion to preserve spectrum for small local organizations to have their own independent voice.
 
Thank you for the insight and clarification... while I should have chosen my words more carefully, I am glad I did accurately recall issues with (since you noted his name directly) Cesar Guel's applications, country-wide. For some bizarre reason, that whole situation stuck in my mind as "shady doings" and I am glad to learn of the repercussions and actions taken against him/them.

Since the app noted above by the OP was deleted, what does that mean for a future potential candidate whenever an LPFM filing window is to occur? Or better yet, is there any discussion of a forthcoming LPFM filing window any time soon? Admittedly I am a bit out of the loop of current LPFM happenings including LP-250.

Thank You Michi for the information you provided.
 
Wonder what NickD2011 charges when he is in town to track down paper LPFM?

He documented that the Legacy Preservation Foundation had four paper LPFM (three in NV, one in AZ) via drone images at the TX site, along with SDR traces....
 
Wonder what NickD2011 charges when he is in town to track down paper LPFM?

He documented that the Legacy Preservation Foundation had four paper LPFM (three in NV, one in AZ) via drone images at the TX site, along with SDR traces....
LPFMs or translators? Big difference.
 
Since the app noted above by the OP was deleted, what does that mean for a future potential candidate whenever an LPFM filing window is to occur? Or better yet, is there any discussion of a forthcoming LPFM filing window any time soon? Admittedly I am a bit out of the loop of current LPFM happenings including LP-250.
Whether the channel is available will be based on whether the proposed site and channel would meet the minimum distance separation requirements under §73.807 of the rules. Since LPFM uses distance separation, translators use contours and LPFM stations protect all translators as if they are nondirectional (even if they are directional), there is a possibility that a translator can move in near an LPFM station, meet the prohibited contour overlap requirements and cause a short spacing to an LPFM station. In that case, the LPFM station can still exist and operate, however, that LPFM station will not be able to modify their facility to move closer to the translator. Likewise with a cancelled LPFM license. If there is now a translator nearby that was placed after the LPFM station before it was cancelled, then it is very likely the channel would not be available for another LPFM station at the same location.

REC's official word on a future LPFM window:
In MB Docket 19-193 (2020), the FCC had stated that it was planning to hold a window for new full-service NCE stations (which happened in November 2021) and that sometime after that, it may hold a filing window for new LPFM stations. As of this time (January 3, 2023), the FCC is still working on the groups of mutually exclusive application groups from the 2021 NCE Window. We are expecting one or two more point system hearing orders to come out of that window. Once that activity is completed, then it is likely the FCC will hold another LPFM filing window. REC has been in discussion with the FCC at both the Media Bureau and the Commissioner Staff level to promote another LPFM filing window. REC Networks is currently accepting shows of interest from potential applicants in this "third generation" LPFM window. Prospective applicants can visit https://lpfm.app to read about the LPFM service, what to expect from the service, the costs, obligations and considerations and then check locations to see if LPFM may be available and then put themselves on a list for handling by REC in the event that a future LPFM window opens.

REC's official word on LP-250:
At this time, there has been no substantial movement on LP-250. REC remains in occasional contact with the Commission, both in the Media Bureau and Commissioner Staff on this subject. It has been REC's full intention the entire time that the debate over LP-250 should not delay a future LPFM filing window therefore, we have always proposed LP-250 to be a path for upgrade from an existing LP-100 station that meets the extended distance separation requirements proposed by REC in RM-11909. RM-11909 addresses specific concerns about our previous LP-250 proposals (RM-11749 and RM-11810) and we feel that we have met the Commission's concerns in respect to compliance with the Local Community Radio Act (even though our position was that both RM-11749 and RM-11810 did also comply with the LCRA). We do feel that because of a split (2/2) Commission compounded by the strong opposition by the NAB for the ability for LPFM stations to have power levels and coverage that are at or near the same level as a small subset of FM translators, that any ambition by the Commission to move forward with LP-250 is currently stalled. REC has been working on LP-250 for the past 10 years and we will continue to push this, especially if we get a fifth commissioner who is friendly to LPFM.
 
Some good advice right now! Do not hire consulting engineer's or attorney's at this point. Do not buy equipment prior to obtaining a CP.

Do save money for your project and have a not for profit corporation ready to go. Find a frequency and hope no one puts a translator there before the LPFM filing window opens.
 
HD - Our management team made an error in judgement in not facilitating an application in the 2013 window. Water under the bridge, and nothing can be done about that.

As to what we are doing equipment wise, have to admit we have the cart before the horse , but what we intended as the air studio doubles as a effective podcast space for the time being.

Hopefully no one plonks down (another) translator on one of the channels that might work for us before the second window opens.


Will say this: Will be doing a physical RF survey on every one of the local non-comms and LPFM to confirm they are on the actually on the air...

SP
 
Some good advice right now! Do not hire consulting engineer's or attorney's at this point. Do not buy equipment prior to obtaining a CP.

Do save money for your project and have a not for profit corporation ready to go. Find a frequency and hope no one puts a translator there before the LPFM filing window opens.
You do not need an attorney to file an LPFM application. Instead, you need to work with someone who knows LPFM such as Common Frequency, Prometheus or myself. I only recommend attorney involvement when something goes wrong like an informal objection or petition to deny during the application process.

You should have someone who knows LPFM to check for potential channels first. At REC, you can also use https://lpfm.app to get a yes/no answer. There are many places in the country where there are simply no channels available. A preliminary check can save a lot of headaches and heartbreak in the future.

Agreed on equipment. There is no need to purchase any equipment now as there is no guarantee that your organization will be granted a construction permit, even if there are channels available (due to competition by other applicants). Premature construction of broadcast facilities (tower/antenna) before a construction permit is granted is also prohibited and can result in forfeitures.

Also start your process to form a non-profit organization NOW. Do not wait on this part. The longer your organization is established, the more advantage you will have if there are competing applications. The FCC will also give priority to any organization that has been established and has maintained a local presence for at least two years prior to the filing window. Of course, if you establish an organization now and the LPFM window is in 2023 or 2024, you may not be able to claim the coveted "fifth point", but if there are a lot of applicants that do not meet the 2 year requirement and none that do that are competing with your application, only the top 3 oldest organizations will be able to go into an involuntary time share. (This situation is unlikely since it is very likely that there will be a 5 point applicant in the group).

Also, not having your nonprofit established prior to the filing window is a fatal error. The applicant must be an established nonprofit (in any state, does not have to be a §501(c)(3)) prior to filing in the window.
 
I have moved this thread to the appropriate forum for LPFM.
 
Long ago, back in the 1900's, a ruler, a calculator, and a stack of topographic maps were the tools used by a consultant to prepare an FCC application.. The work took me a day or two.

Now I just asked my iPhone to give me my coordinates. Then my phone spit out my address with coordinates. The FCC site then instantly gives the HAAT in all directions. WOW! Just think, what use to be real work is now so simple.

I originally proposed the FCC create a low power FM service based on mileage separation so finding channels is simple too.

The last LPFM application I helped file took less that an hour to prepare for a community radio group.
I didn't charge them a dime because I wanted them to spend their money on building the station. They've been licensed for many years now. And they were one of many that I helped get an FCC license.
I always shared the expertise for free and I have few regrets for doing that.
 
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Long ago, back in the 1900's, a ruler, a calculator, and a stack of topographic maps were the tools used by a consultant to prepare an FCC application.. The work took me a day or two.

Now I just asked my iPhone to give me my coordinates. Then my phone spit out my address with coordinates. The FCC site then instantly gives the HAAT in all directions. WOW! Just think, what use to be real work is now so simple.

I originally proposed the FCC create a low power FM service based on mileage separation so finding channels is simple too.

The last LPFM application I helped file took less that an hour to prepare for a community radio group.
I didn't charge them a dime because I wanted them to spend their money on building the station. They've been licensed for many years now. And they were one of many that I helped get an FCC license.
I always shared the expertise for free and I have few regrets for doing that.
The problem of course is with such simplicity comes a watered down product with little flexibility. The FCC has always vowed to keep LPFM easy and they continue to defend that position. When LPFM was first launched, I called the FCC Form 318 (used for LPFM CPs) the "1040-EZ of broadcast forms". And in the early days, it could be kept very simple. With the LCRA came some new form of complexity, the second adjacent channel waiver. Now, for the first time, we had to use contour studies in order to determine what field strength each short-spaced second adjacent station puts at the proposed site and how large is the respective LPFM interfering contour. This also introduced LPFM to the use of downward patterns in order to engineer proper antennas that would protect nearby population. While REC called for the ability for LPFM stations to use contours to protect FM translators, especially directional ones (using distance separation towards full-service stations was required by statute in the LCRA), the FCC thought the concept was "too complex", even though in the 2013 LPFM Filing Window, a majority of the applications filed were done with hired help (either REC, Prometheus, Common Frequency, CCB or other consultants).

Over time, REC did manage to get some "advanced" flexibilities added to the rules:
  • The ability to make a minor move using contour overlap (as opposed to only allowing by distance).
  • The ability for reserved band LPFM proposals to use contours in order to demonstrate protection to TV Channel 6.
  • The ability to use directional antennas without a proof of performance requirement to demonstrate compliance with international agreements using contour studies.
REC has not given up on more technical flexibilities for LPFM stations. We continue to call on the FCC to reinterpret the LCRA and to remind them that it is still in force and it must apply when licensing other new services such as FM translators and boosters as required by Section 5.
 
He already had the benchmark and triangulation station information for the area, so let's just say his Trimble CenterPoint RTX system is way more accurate than Google maps!!


If you would not mind sharing, it would be interesting to see what the accuracy differences were for what I'd assume to be the same location, using Google Maps and your surveyor's LAT/LON information.

Would you share both sets of LAT/LON?
 
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