[BC] LPFM Operations

[wpio fm radio]

Mike,
I'm gonna try real hard to help you on some of what you've said.

Black, Mike wrote:
> I disagree. A non-commercial station, including LPFM, can not sell block
> time.
It has to do with what the block of time is for, not that it 
is a "sold block of time."  For example, we are not allowed 
to sell a block of time for other entity fundraising.  We 
can announce their fundraising events, but we can't allow 
them to program the fundraiser itself.

But if a local church is having a concert, they can purchase 
a block of time to have that concert broadcast - FOR A 
PRICE; aka consideration.
> If they get paid to air a program or sell the block, for a
> "donation", and a program is aired as a requirement for that donation,
> then this comes into play with the FCC consideration rules and is
> prohibited.

What "consideration rules" are you talking about?  Prize, 
chance and consideration are the three requirements for 
illegal contests.  Remove any one of those and you're ok.


> There is a big difference between selling blocks of air time
> and acknowledging a donation by a business in a short message that meets
> legal requirements. Take a look at the Commission's website on the
> nature of non-commercial operation.

The acceptable content of an enhanced underwriter 
announcement isn't even the topic of the thread.

  > As for the UBIT tax, You are correct. This comes into 
play if a
> non-profit airs a commercial on a non-commercial station. They can
> legally do this, 

WHOA horsey....there's no such option on an NCE or 
LPFM....commercial continuity is illegal period.

Sidebar, I heard of an NCE FM that is being LMA'd.  Now you 
might want to raise your eyebrows on that.  But, I surmise 
that if they meet the ownership presence rule, and the other 
entity is nonprofit providing a noncommercial educational 
agenda, it would pass muster.

Randy Henry