For LPFM applicants, 10 miles matters — a hard lesson learned by five parties from the 2023 filing window.
The FCC has dismissed their applications after the commission determined each of the five failed to meet its localism requirements. One of the five also violated its foreign ownership guidelines.
Four of the applicants were for stations in Texas, while another was near Las Vegas in Nevada.
To qualify as a local entity in a top 50 urban market like Houston-Galveston, San Antonio or Las Vegas, an applicant must satisfy one of two criteria regarding the distance from its proposed transmitting antenna.
The applicant’s physical headquarters must either be within 10 miles of the transmitter site, or at least 75% of the board members must reside within 10 miles of the transmitter site.
Localism and foreign ownership cited
First, in Texas, the FCC dismissed an application for a new LPFM on 101.5 FM in Macdona, Texas, which is near San Antonio, filed by Holly USA Espirit Church. The church aspired to use the signal to “provide the best opportunity for people to become fully devoted followers of Christ,” according to its application articles.
Although it did not factor one way or another into its final decision, the Media Bureau noted in its account that the address listed on the church’s application, Pasadena St. in San Antonio, appeared to be the location of a church of a different name. In addition, according to signage visible on Google Maps, the address also appeared to be the location of an existing radio station, K213FJ(FM), “La Nueva 90.5 FM,” the Media Bureau said.
The dismissal, dated Jan. 16, is based on two primary violations of FCC rules and federal law. The applicant failed to meet the FCC’s localism requirements. In fact, all three directors listed by the group lived over 180 miles away from the market, the Media Bureau said.
The Media Bureau said that the church also violated foreign ownership guidelines. Foreign entities are prohibited from owning or voting more than 20 percent of a broadcast licensee, according to the FCC’s rules, yet the commission said that two of the three directors are foreign nationals from Cuba and Honduras.
More Texas troubles
Meanwhile, The Church of the Last Call sought a new low power FM station in Whaley Corner, about 30 miles southwest of Houston. It sought to broadcast on 96.1 FM with programming that would enrich its community with “cheerful music and with informative, helpful topics.”
However, according to the Media Bureau’s account, the church also failed to meet the localism requirements mandated by FCC rules.
The FCC’s investigation found the address provided as the application’s headquarters, on Huntington Wood Dr. in Houston, is approximately 15 miles from the proposed transmitter site, exceeding the 10-mile limit.
In addition, none of its three directors met the residency requirement. The commission therefore concluded the organization is ineligible to hold an LPFM license due to these geographic discrepancies.
In another dismissal, the FCC threw out the LPFM application of Radio Casa de Adoracion TX for a new LPFM station on 95.1 FM in Spring, Texas, which is also near Houston.
Similar to the other applicants, the Media Bureau said the applicant failed to meet geographic requirements for eligibility — again, the 10-mile rule.
“Although Radio Casa certified that it met both requirements, the FCC found these certifications to be false based on the following geographic data,” the commission wrote in the dismissal.
Radio Casa’s listed headquarters, at 200 Dominion Park Drive, is approximately 12 miles from the proposed transmitter site, exceeding the 10-mile limit. In addition, none of the applicant’s three directors live within the required 10-mile radius.
Finally, the Media Bureau nixed an application for a new low power FM on 99.7 FM in Alvin, Texas, not far from Houston, after the applicant also failed to meet the distance requirements.
The FCC says its findings discovered YAHWEH HTX listed its headquarters as being in Pasadena, Texas, which is about 19 miles away from the proposed transmitter, exceeding the 10-mile limit.
YAHWEH HTX also struck out when the commission found that it none of its three directors met the residency requirement, all living more than 10 miles from the proposed transmitter site.
The organization said it desired to use the station to broadcast family programs such as cooking lessons, children’s entertainment, sports and religious preaching.
Snake eyes in the desert
Another LPFM applicant near Las Vegas also was denied a bid due to its failure to meet the commission’s localism requirements. USA Church in the Hills applied for a license for a new LPFM station on 97.9 FM in Mt. Charleston, Nev., but the FCC’s investigation confirmed its headquarters is actually 26 miles away from the antenna, well beyond the 10-mile limit.
Plus, the church failed to satisfy the board member residency mandate. The FCC found that all three directors reside in Houston, Texas − over 1,200 miles away from the site.
The FCC said it dismissed the church’s application due to the errors.
The church sought the station to help its members “grow in faith so that they can achieve all their goals on this earth and can live the life that God has already delegated to them.”
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