Re: Commercial College/University stations
poledo said:
Stations that were commercial for the last 30 years but were purchased by say EMF and taken non-commercial in the last year could be sold back to commercial broadcasters and converted back to a commercial license? Therefore the new non-profit owners did not depreciate their property (station) by taking a commercial license non-com? I believe intentionally depreciating an asset of a non-profit organization is illegal, so this theory would make sense.
I can't speak to the IRS implications of such a move, just the FCC side. The FCC absolutely allows stations on non-reserved channels in the non-reserved part of the FM band (and
any AM) to be converted to and from NCE status at will. Check out 97.5 in Mobile, Alabama, which has gone back and forth from commercial WABB-FM to EMF as a noncomm and then back to commercial as WABD.
When someone does a channel search and submits a station in the commercial band to the FCC for inclusion in the next public auction they can be designated as being for non-commercial use, originally allocated and auctioned as Non-commercial?
Or is it more along the lines of if the folks that win the initial bid for a channel in the commercial band apply for a non-commercial license first (no commercial license has ever been issued for the station) then future owners cannot apply to change the license to commercial?
No to the second question, "kinda yes" to the first. It's important to note that the table of allotments no longer exists in the way it once did. 47CFR73.202(c) is the governing rule set here, and it changed rather dramatically in 2009 or thereabouts.
http://www.gpo.gov/fdsys/pkg/CFR-2009-title47-vol4/xml/CFR-2009-title47-vol4-sec73-202.xml
In a nutshell, once a channel has been petitioned for as a new commercial allocation, there's a window during which competing applicants can ask the FCC to reserve that channel for NCE use. Once a channel has been reserved for NCE use in the table, it cannot go to auction; instead, it's awarded by way of a complex points system.
I believe it's also possible for an applicant to win a non-reserved channel at auction, and then operate the channel as a NCE. In that case, it can be changed back to commercial status at will.
Now for some complicated and interesting questions:
If a station in the non-commercial band is "locked" into non-commercial status and a commercial operator wants it bad enough, theoretically the license can be downgraded to a 1.5kw class A and moved off into the middle of nowhere... allowing a nearby, commercial station to conduct a series of minor changes, upgrade(s) and move(s) into the desirable area previously covered by the non-com in the commercial band? Afterward the old non-com could go dark and turn in it's license if it has no value in it's new location.
Or would a non-com in the commercial band only have the option to go dark and turn in the license allowing a commercial entity to apply for a new station allocation on the same frequency and then it would be auctioned to the public? This scenario couldn't possibly be good for anyone because you never know who will want the new allocation and bid the most money.
Again, keeping in mind that there's only a handful of NCE reservations on the commercial band: no, those allocations can't easily be moved "out of the way" in the manner you suggest. Nor can they be deleted simply by surrendering the license; the allocation stays in place on the table even if the license goes away.
On a related note,
Could a station on 91.9FM apply for a minor change to move to 92.1 (or 92.3)? If yes, would the station automatically keep it's non-commercial status or could it apply for a commercial license after the minor frequency change into the commercial band? Might as well ask, is the reverse possible... could an old class A on 92.1 apply for a minor change to a full class C on 91.9 (if the separation requirements were met) instead of applying for a new non-com license in the 91.5-91.9 range? This would of course automatically result in the station being or becoming a non-com.
If it is possible to apply for a minor change to move from 91.9 to 92.1, it seems like this would have happened a few times... any examples come to mind?
Yes! WOMR in Provincetown, on the tip of Cape Cod, was on 91.9A and moved to 92.1A in the 1990s. There's also WBST-FM in Muncie, Indiana, which migrated from 10 watts on 90.7 to a class A on 92.1 in the late 1970s. Neither of those 92.1s appears in the table of allocations as a reserved channel; I doubt they would be allowed to convert to commercial status.
As for the reverse question (a move from, say, 92.1 to 91.9), no examples come to mind. I'm not sure how the FCC would rule on such a request.