Equipment Testing vs. Broadcasting

by Kai Aiyetoro and Michael Brown

March, 2004

The question:

Kucinich is coming here on Thursday and we are recording his talk. Can we air it legally before we actually have our permit to broadcast? We are still working out technical glitches before we file for the permit.

The answer:

You can clearly do this if you have commenced Program Test Authority, but it's a gray area if you are still Equipment Testing. The FCC web site defines equipment tests as: "Brief messages may be radiated from the authorized constructed facilities for purposes of testing the antenna and transmission line." A new station may be asking for trouble if they run regular programming on an extended basis while doing equipment tests.

LPFM stations should play it safe and not run extended regular programming during equipment tests. It is also required that the FCC be notified when equipment tests begin. For sample letters see the NFCB website at www.nfcb.org/projects/lowpowerfm.jsp.

Equipment Test and Program Test Operations

Upon completion of construction, FM permittees may engage in equipment test operations pursuant to 47 CFR 73.1610 of the Commission's rules. FM non-directional and directional permittees may conduct equipment tests at full power.

When Equipment Tests commence, the permittee should send a letter to the Technical Processing Group, Mail Stop 1800B3, FCC 445 12th Street SW, Washington, DC 20554 indicating the call sign of the station, construction permit file number, station Facility ID number, and the date on which equipment tests began.

Once the station is fully constructed in accordance with the terms of the Construction Permit, regular operation and regular programming can begin via Program Test Authority. For non-directional FM stations, this can normally be commenced without prior FCC approval, unless specified otherwise in the CP. The FCC must be notified upon commencement of Program Test Authority using the same address as the Equipment Test notification above, and an Application for Station License must be on file with the FCC within 10 days. The construction permit should be on display in the main studio until the official license is received, then replaced with a copy of the actual license.

Get the EAS Unit

Several LPFM stations are delaying Program Testing (and filing FCC Form 319) because they don't have an EAS unit yet. They are advised not to do this for more than a couple of weeks or so. An impromptu visit by the FCC may conclude with a fine that is more than the cost of the unit. Be prepared! Have the EAS unit in place and properly programmed. The FCC will take no excuses on ignorance of operation.

LPFM stations were given an extension period for installing EAS equipment when construction permits were initially issued until October 24, 2003. Now that date has passed and all stations must be in compliance with FCC rules regarding the Emergency Alert System. EAS equipment must now be in place when LPFM stations go on the air and you must know how to operate it.

Kai Aiyetoro
Director of Low Power FM
(510) 451-8200 ext.303
kai@nfcb.org