[BC] LMAs - How Far Can They Go?

[Mike McCarthy]

While the LMA rules are not very clear on EAS, another test of retention of 
control is performance of EAS tests and maintenance of that equipment as 
well as the DCO requirements.  I consider ownership of EAS equipment to be 
part of the overall transmission system.

While the LMA holder can schedule and execute the tests, the licensee 
controls the equipment and the policies on it's operation.  The LMA holder 
CAN make entries in the Station Log however.

In LMA instances which I have been involved, the licensee demarc'd the 
control/reasonability transition point from the LMA holder to the licensee 
at the input point of the EAS box, which was the last thing other than the 
protection pre-processor before the TX(s).  In this manner, it made it 
really simple to permit a split facility where the LMA holder has control 
of their own office/studio domain and the station simply monitors and 
passes through the audio.  It can be as simple as a stand-alone rack 
cabinet among all the others in a studio facility.  But if questioned, it 
would show clearly the licensee defines the limits of the LMA in operation.

MM

At 07:03 AM 1/28/2006 -0500, Phil Alexander wrote
>On 28 Jan 2006 at 6:17, Cowboy wrote:
>
> > On Saturday 28 January 2006 01:58 am, Steve wrote:
> > >
> > >Thanks for the links Harold. I hope those in this group who might be 
> able to answer my question will jump in. At this juncture 
> it's  information that's very important not only for me but my group. At 
> this point I believe the licensee has given away too much authority to 
> the holders of the LMA. There are some other problems as well but I can 
> get into those details once I get somewhat of a handle on the main question.
> >
> >  I am not a lawyer, nor do I play one on radio.....
> >
> >  The LMA's I have been involved with, short version :
> >  The licensee remains responsible for the operation of the
> >  radio station within the terms of its license, ( including EAS )
> >  AND must maintain that "meaningful" presence.
> >  Two people must be employees of the current licensee.
> >
> >  The licensee isn't technically responsible for content, but that's
> >  about where disavowing responsibility stops.
>
>The issue is "Unauthorized Transfer of Control."
>
>I know I found good guidance on the FCC website two or three years ago.
>
>If you start with the references in 73.4267 to FCC Orders etc. this
>will give you a good start, but I believe there is also other info
>on the FCC site. Remember that the FCC generally calls it a "Time
>Brokerage Agreement" rather than an LMA in most places.
>
>I remember the guidance calls it a gray area but suggest several thing
>to avoid the appearance of transfer of control.
>
>Some of the things I do recall are:
>
>         Licensee maintains staff presence at the offices during normal
>         business hours. Generally satisfied by one management person
>         and one employee, both of whom are employed by the licensee.
>
>         Licensee maintains technical operation of station, buys own
>         equipment, provides for service of same and pays the bills.
>
>         Licensee retains right to determine on air talent, and unrestricted
>         right to terminate LMA/brokerage agreement.
>
>         Licensee is fully responsible for public file etc. including
>         political file and programs and issues - a/k/a quarterly reports.
>
>         Another thing that has come up since ... investigate EEO because
>         a licensee cannot use the fact of the LMA to get around EEO
>         requirements.
>
>You really do need a communications lawyer to draw the LMA, and you
>must have one. If the station is LMA'd you must have a copy of the
>agreement in the public file (commercial terms redacted).
>
>It is also a good idea to have a full "due diligence" report done on
>the station to make sure you aren't pouring sand down a rathole
>unknowingly.
>
>
>Phil Alexander, CSRE, AMD
>Broadcast Engineering Services and Technology
>(a Div. of Advanced Parts Corporation)
>Ph. (317) 335-2065   FAX (317) 335-9037
>
>
>
>
>
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