FCC Adopts Rules and Procedures to Allow FM Boosters to Originate Programming

The Federal Communications Commission (FCC) adopted final service rules that will enable FM and low power (LPFM) broadcasters to use FM booster stations to originate program content. At the FCC’s Open Commission Meeting held on November 21, 2024, the Chairwoman and Commissioners unanimously approved its Second Report and Order and Order on Reconsideration which will allow FM radio stations to customize content reaching different portions of their service areas.

FM boosters are low-power, secondary stations that rebroadcast programming on the same frequency as their primary station. Traditionally, FM boosters have been used to strengthen their primary station’s coverage within its protected contour to reach areas where reception is poor. FM boosters typically have operated in areas where the signal from their primary station was blocked by terrain such as mountains, and served only as repeaters since they were prohibited from originating program content. With advances in technology, it is now possible for FM boosters to operate in some areas which are not terrain-blocked from their primary stations without causing co-channel interference, thus increasing their geographic scope.

In April 2024, the FCC began permitting FM broadcasters to apply for program-originating boosters on an experimental basis. Under the new rules, stations that provide the FCC with 15 days’ advance notice of program origination using a form to be developed by the Media Bureau will be able to air content via boosters that is different from the primary station to specific areas or “zones” for up to three minutes per hour. The geo-targeted content will enable broadcasters to tailor programming such as news, weather and advertising that is most relevant to a particular community. The existing rules regarding construction of new booster stations, under which applications for new boosters are processed on a first-come first-served basis, will remain in effect.

In addition, the Second Report and Order does the following:

• Establishes procedures to address potential interference for booster station applications before building a new booster;
• Adopts a 25 booster station cap on the number of program originating boosters a station may operate;
• Creates notification requirements to ensure emergency alert participants and other broadcasters are aware of the booster’s program origination to protect the Emergency Alert System;
• Updates political advertising rules for program-originating boosters; and
• Adopts a public interest certification to remind broadcasters to use program origination as an enhancement to reach listeners in a specific zone – not to exclude those in another.

The new rules enabling FM boosters to originate programming will not become effective until the Office of Management and Budget has approved certain of the rules under the Paperwork Reduction Act of 1995, a process which typically takes several months.

If you have questions about Program Originating FM Booster Stations, contact an attorney in our Media practice group.