LPFM: A Broad Discussion of Stations and Purpose

[Red Plume]

I just chose a state and audited all active LPFM stations in that state:

• 43% are licensed to organizations that do not exist, but previously existed.
• 57% are licensed to organizations that exist.

Of the 43 percent that no longer exist:

• 67% have long expired and have no recourse.
• 33% have expired but are in a limited window to submit their back fees and penalties for consideration.

(The 43% does not represent 3 stations. The math just worked out that way.)

 

[Red Plume]

Let's start with:
WHCP-LP, Cambridge, MD
WWSX-LP, Rehoboth Beach, DE
WERA-LP, Arlington, VA
KBUU-LP, Malibu, CA
KXRN-LP, Laguna Beach, CA
KQLH-LP, Yucaipa, CA
Those are just a few I can immediately think of...

So you can private message me for details if you want, but the licensee of one of those stations no longer exists, and a second is not in Good Standing and pending revocation.

 

[Red Plume]

...like an eventual plan to migrate AM stations completely to FM.

In my research, the translator of an AM station, in order to protect one of the fraudulent LPFM stations I discovered, has a deep null in place, facing the downtown/center of their market. Their translator is basically useless. They are co-channel.

I call this LPFM fraudulent because it's licensed to an organization that no longer exists and has passed any windows of opportunity for remediation.

The AM station has gone to considerable trouble to protect the LPFM.

 

[Frequency1]

A look at this LPFM stations that are licensed shows that many are off the air for a while without any FCC filing to be silent.

Six stations show as corporations Forfeited Existence, fourteen show as Franchise Tax Board FTB SUSPENDED, twenty have no corporate standings or filing in California or another state, two show as Notice of State Tax Lien. One shows as no filing this year with the SOS, six show as SOS/FTV suspended. A few also show the same ownership as full power stations. Three stations have not antenna at the transmitter site and have no signal on the air. Twenty-two stations have their coordinates off by over 80 ft to over 8,000 ft.

 

[Red Plume]

A look at this LPFM stations that are licensed shows that many are off the air for a while without any FCC filing to be silent.

Six stations show as corporations Forfeited Existence, fourteen show as Franchise Tax Board FTB SUSPENDED, twenty have no corporate standings or filing in California or another state, two show as Notice of State Tax Lien. One shows as no filing this year with the SOS, six show as SOS/FTV suspended. A few also show the same ownership as full power stations. Three stations have not antenna at the transmitter site and have no signal on the air. Twenty-two stations have their coordinates off by over 80 ft to over 8,000 ft.

Thank you for the California audit. The previous one above was for Nevada. Here are the results for Colorado, which fared much better than CA and NV:

54% are owned by government (and therefore are good standing).
38% are in good standing
8% are owned by organizations that do not currently exist

 

[Kelly A]

This whole LPFM thing has been a complete and total gong show since the beginning. Sure, there have been some beneficial aspects, as in the KCVB-LP example, but one could argue that's just a good ol' fashioned Class D NCE station. The rest of these radio-mogul wannabe's have either failed, or are on the road to failure. Hopefully someone in Congress will wake up and realize, like other government sanctioned things, that there are those in society who take advantage of the situation by filing fraudulent applications, then operate the facilities fast and loose under the radar.

 

[TheBigA]

Hopefully someone in Congress will wake up and realize, like other government sanctioned things, that there are those in society who take advantage of the situation by filing fraudulent applications, then operate the facilities fast and loose under the radar.

The reality is that they won't, which is why fraud happens. Until someone screams about it, nothing will change.

 

[Red Plume]

An audit of Arizona, faring even better than Colorado:

• 76% are licensed to private organizations that exist
• 15% are licensed to government/tribal entities
• 3% Inactive (organization no longer exists, represents 1 station)
• 3% ran for 5 years with no existing licensee organization (represents 1 station)
• 3%, I can't find evidence of organization existing (represents 1 station)

 

[Red Plume]

...those in society who take advantage of the situation by filing fraudulent applications.

I'm noticing, in my discovery, that the fraudulent eligibility ones show particular red flags. Some of them have the same consultants, and some of them are demonstrating other behaviors that are not consistent with FCC rules (i.e., running commercials, running over power) but are not easily documented (and therefore are only rumors). However, eligibility is pretty simple to document.

 

[Red Plume]

Let's start with:
WHCP-LP, Cambridge, MD
WWSX-LP, Rehoboth Beach, DE
WERA-LP, Arlington, VA
KBUU-LP, Malibu, CA
KXRN-LP, Laguna Beach, CA
KQLH-LP, Yucaipa, CA
Those are just a few I can immediately think of...

I tried to reach out to a woman I know who worked on the management team at the station you listed that is pending revocation, but she's no longer there, as of 2022, so I'm unable to help. You may want to try and reach out to them.

 

[Red Plume]

An audit of Utah included only 11 stations. They didn't fare as well, with about 1/3 raising issues about eligibility.

• 4 licensed to existing private organizations
• 3 licensed to government organizations.
• 1 licensee no longer exists. A different but similarly named corporation exists, but is not the licensee.
• 1 is licensed to an student organization at a University (wrong name appears on license-- this is probably curable.)
• 1 is licensed to a licensee that incorporated after the original CP was granted
• 1 had no existing licensee for 3 months prior to transfer.

An audit of New Mexico included 20 stations. 35% are questionable regarding eligibility.

• 10 licensed to existing private organizations
• 2 licensed to government organizations
• 1 licensed to a local chapter of an existing organization (which is legal)
• 3 licensed to organizations that no longer exist
• 3 licensed to organizations pending revocation, 2 of which the CPs applied for were before formation of organization
• 1 licensed to the wrong organization: the wrong organization owns another LPFM, possibly an error when creating front organizations.

So far, after auditing 4 states, it seems a rough estimate of about 1/4 to 1/3 of LPFM stations are ineligible to be a licensee, based on publicly available documentation.

 

[Kelly A]

I'm noticing, in my discovery, that the fraudulent eligibility ones show particular red flags. Some of them have the same consultants, and some of them are demonstrating other behaviors that are not consistent with FCC rules (i.e., running commercials, running over power) but are not easily documented (and therefore are only rumors). However, eligibility is pretty simple to document.

Sort of like AM CP's back in the late 90's, there are consultants who acted like paid versions of Radio Johnny Appleseed. Calvary Chapel of Northern Idaho was a prime example. They had some consultants filing for FM CP's all over the country. Many of he CP's were never constructed, some were licensed. Either that, or the stations were LMA'ed by other churches willing to pay for airtime.

 

[Red Plume]

An audit of Hawaii included 16 stations, with 81 percent of LPFM stations eligible to be a licensee.

• 12 are owned by private organizations (or associations) that exist (although two have incorrect names as licensee)
• 1 owned by a University
• 1 not in Good Standing and pending revocation
• 2 formed after original CP was applied for (and one of those have since been involuntarily dissolved)

An audit of Alaska-- the only state to allow new Class D applications-- included 14 stations, with 50 percent of LPFM stations eligible to be a licensee.

• 5 licensed to private organizations that exist
• 2 licensed to schools/public sector
• 2 licensed to corporations that never existed
• 4 licensed to dissolved corporations
• 1 licensed to an organization formed after original CP was filed

An audit of The District of Columbia included 0 stations, with 0 percent of LPFM stations ineligible to be a licensee.

• This felt like I was cheating.

An audit of Idaho included 9 stations, with 78 percent of LPFM stations eligible to be a licensee.

• 7 owned by eligible organizations that exist
• 2 are licensed to “inactive – Dissolved” organizations

An audit of Washington (State) included 52 stations, and fared pretty well, with 71 percent of LPFM stations eligible to be a licensee.

• 37 are licensed to eligible organizations
• 6 organizations I was not able to confirm exist
• 2 formed after original CP was filed
• 1 had no eligible (existing) licensee for 7 years
• 6 organizations did at one time exist, but were dissolved or terminated.

So far, religious, government, school, and other bona fide educational licensees have their existence pretty well documented. The ones with the most problems usually have the words "radio", "broadcasting", or "music" as part of their name.

 

[Kelly A]

An audit of Washington (State) included 52 stations, and fared pretty well, with 71 percent of LPFM stations eligible to be a licensee.

• 37 are licensed to eligible organizations
• 6 organizations I was not able to confirm exist
• 2 formed after original CP was filed
• 1 had no eligible (existing) licensee for 7 years
• 6 organizations did at one time exist, but were dissolved or terminated.

So far, religious, government, school, and other bona fide educational licensees have their existence pretty well documented. The ones with the most problems usually have the words "radio", "broadcasting", or "music" as part of their name.

Was KVSH one of the stations you audited? I've wondered how they qualify as an NCE.

 

[Red Plume]

Was KVSH one of the stations you audited? I've wondered how they qualify as an NCE.

I should clarify what I was auditing. I was auditing that the stations exist and are valid non profit organizations. I counted that station as "existing", and I listed it on my spread sheet as "eligible", in that it exists. I'll try to better clarify that from here on out.

The parent organization of that station was timely formed with the State of Washington with the purpose to "operate low power FM radio station". The nature of their business, as registered with the Washington Sec. of State, is "cultural". The organization was temporarily listed as inactive 2 times but met the requirements of remediation.

You can see the documents if you search for the licensee at: Corporations and Charities System

(edited to correct inactivity periods)

 

[Red Plume]

I think I'll finish up auditing Oregon, California, Montana and Wyoming for valid (or, existing) licensees so I can have the Western United States done.

I looked up how I can share the documentation with the FCC, so they can remove non-existing licensees from their database. My goal is to see those invalid stations removed, so spectrum can be cleared for legitimate applicants in upcoming windows. The inquiry process may delay upcoming application windows for secondary services, but I'd hate to see a deserving applicant miss an opportunity to apply due to an invalid license.

My line of thinking is that if we can get the Western US cleaned up, we can keep tabs on stations through time. It will be easier to spot invalid stations after the initial clean up.

I'll see how that goes, reassess, and determine if moving to the other regions is an effective use of time for this effort.

 

[nd2023]

I think I'll finish up auditing Oregon, California, Montana and Wyoming for valid (or, existing) licensees so I can have the Western United States done.

I looked up how I can share the documentation with the FCC, so they can remove non-existing licensees from their database. My goal is to see those invalid stations removed, so spectrum can be cleared for legitimate applicants in upcoming windows. The inquiry process may delay upcoming application windows for secondary services, but I'd hate to see a deserving applicant miss an opportunity to apply due to an invalid license.

My line of thinking is that if we can get the Western US cleaned up, we can keep tabs on stations through time. It will be easier to spot invalid stations after the initial clean up.

I'll see how that goes, reassess, and determine if moving to the other regions is an effective use of time for this effort.

You can file an informal objection against all the stations that do not conform to the spirit of LPFM.

 

[Red Plume]

You can file an informal objection against all the stations that do not conform to the spirit of LPFM.

My understanding is that informal objections are for when there is a pending application, such as a renewal.

The FCC said that if they determine that this is a trend, it may warrant further investigation.

 

[nd2023]

My understanding is that informal objections are for when there is a pending application, such as a renewal.

The FCC said that if they determine that this is a trend, it may warrant further investigation.

I’ve helped someone file an informal objection against translators that already had their licenses renewed. They were silent for years, never built. They finally lost their licenses

FCC Report 3/26: Three Translator Licenses Cancelled For Not Existing - RadioInsight

The FCC is once again opening a proceeding to revoke the license of Durlyn Broadcasting Company's AC "Magic 95.9" WPNC-FM Plymouth NC for failure to pay delinquent regulatory fees and associated interest, administrative costs, and penalties owed to the agency. The FCC states that Durlyn owes a...

radioinsight.com

 

[Red Plume]

I’ve helped someone file an informal objection against translators that already had their licenses renewed. They were silent for years, never built. They finally lost their licenses

FCC Report 3/26: Three Translator Licenses Cancelled For Not Existing - RadioInsight

The FCC is once again opening a proceeding to revoke the license of Durlyn Broadcasting Company's AC "Magic 95.9" WPNC-FM Plymouth NC for failure to pay delinquent regulatory fees and associated interest, administrative costs, and penalties owed to the agency. The FCC states that Durlyn owes a...

radioinsight.com

I saw that! Thanks for helping to return that spectrum to the public!