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FCC Requirements for LPFM Licensees: Board of Directors
This mini-checklist on who is eligible to apply for LPFM licensees is part of the "Preparing to Apply" checklist.
The criteria below must apply to all parties to your application. For most organizations, parties to the application means the members of your board of directors, though if your organizational structure is more complex, there may be other parties as well.1
The parties to our application:
☑ Do not control another broadcast license, a daily newspaper, or a cable television system
☑ 80% or more are US citizens
☑ Have no immediate family members (parents, children, siblings or spouses) who control other broadcast stations or daily newspapers in the area (see FCC Form 318 Worksheet 1A for details and exceptions).
☑ Have no character issues which were unresolved or resolved adversely in other broadcast application proceedings
☑ Have not been found guilty of any of the following: felony, mass-media related anti-trust or unfair competition, fraudulent statements to other governmental units, or discrimination. (If you cannot check this box, you will need to file an exhibit explaining the situation, see Form 318, Question 7).
☑ Have no drug convictions that lead to the denial of federal benefits.2
☑ Have never engaged in the unlicensed operation of a radio station.
☑ Exception 1: Some members of our board do have a controlling interest in other media, but they will recuse themselves from all decisions related to the LPFM station. Our organization has a multifaceted mission (e.g. a university), and their duties are unrelated to the LPFM.
☑ Exception 2: Our organization is a chapter of a national organization that may not meet all criteria above. However, our chapter is separately incorporated in our state, and we have a local presence and mission that is distinct from the national organization.
☑ Exception 3: Our organization does hold another broadcast license, but we will give it up if our LPFM license is awarded.
If you did not check "yes" to ALL of the above or check one of the exceptions, then your organization is not eligible to apply for an LPFM license.
1The parties to your application are those who have the legal right to control your organization. For most groups, this means the board of directors. More precisely, it includes the officers and directors and governing board members of the applicant, its parent organization, subsidiaries, and those with attributable interest (partners in a partnership, non-insulated limited partnerships, limited liability corporations, and stock corporations. Most small non-profit organizations are non-stock corporations. You are a non-stock corporation if you are a corporation or association with a non-profit purpose controlled by a board that is self-propagating or elected by the members and is not controlled by anyone with a significant financial interest in the organization (small yearly dues do not count). See details on Form 318 pages 4-5.
2With respect to this question only, parties to the application means all officers, directors, or persons holding 5 percent or more of stock or shares (voting and/or non-voting); all members if a membership association; and if the applicant is a partnership, all general partners and all limited partners, including both insulated and non-insulated limited partners holding a 5 percent or more interest in ther partnership. See details on Form 318 page 8.