Broadcast License - Process

Process

The process of obtaining a new broadcast license may be lengthy. A broadcast engineer first determines an available frequency, which may be unavailable in a crowded media market (such as a metropolitan area). If a frequency is available, an engineering study is submitted with an application to the broadcasting authority, to demonstrate that the licensee will not cause RF interference to existing stations. There is a limited term for the license, once acquired. According to the United States Government Printing Office in 1997, the term could exceed 8 years; however, this has been shortened to five years or less (depending on whether the FCC requires further evaluation).

A construction permit is first issued, with the license receiving approval when the station certifies that the permit has been executed (after testing to ensure that all parameters are within allowable tolerances). Once a facility is built and operational, it may be allowed to operate under program test authority until the license is issued (or denied). Where a station is close to an international border, a license may also need to be approved by the foreign country's broadcasting authority for frequency coordination. This is done even if the border is outside of a station's predicted broadcast range, since radio propagation sometimes causes stations to be heard outside their service area.

Existing stations apply for permits and license amendments when making changes to their facilities (such as relocation to another site, changing the radio antenna height, making changes to a directional antenna's radiation pattern, or when adding—or converting to—digital broadcasting). Other situations (such as a change in the city of license) are covered in rulemaking proceedings in the U.S., which may be a prerequisite to moving a station a significant distance (leaving its original community outside its new coverage area). Temporary situations are covered by special temporary authority (STA) to operate at a variance from the license or permit or a Restricted Service Licence (RSL) to operate for a fixed period at reduced power. While these are FCC and Ofcom terms, respectively, other countries have similar regulations.

In the U.S., court cases can prolong the process when mutually exclusive applications are received. The FCC opens application window periods of about a week. Some applications have been pending for years; others end up in administrative law courts or arbitration, sometimes with one applicant seeking a buyout of another.