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Proposed Rule2026-03889

FCC Seeks Comment on Proposed Application Limit for New NCE Reserved Band FM Translator Station Applications in Upcoming 2026 Filing Window

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Published

February 26, 2026

Issuing agencies

Federal Communications Commission

Abstract

In this document, the Federal Communications Commission (Commission) seeks comment on establishing eligibility restrictions and a limit on the number of applications that each applicant may file in the first-ever filing window for applications for new noncommercial educational (NCE) reserved band FM translator station construction permits. The proposed eligibility restrictions and application caps are intended to promote efficiency, curb speculative applications, and preserve spectrum for future secondary services.

Full Text

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<title>Federal Register, Volume 91 Issue 38 (Thursday, February 26, 2026)</title>
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[Federal Register Volume 91, Number 38 (Thursday, February 26, 2026)]
[Proposed Rules]
[Pages 9528-9532]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03889]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 74

[MB Docket No. 26-20; FCC 26-10; FR ID 332437]

FCC Seeks Comment on Proposed Application Limit for New NCE
Reserved Band FM Translator Station Applications in Upcoming 2026
Filing Window

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission
(Commission) seeks comment on establishing eligibility restrictions and
a limit on the number of applications that each applicant may file in
the first-ever filing window for applications for new noncommercial
educational (NCE) reserved band FM translator station construction
permits. The proposed eligibility restrictions and application caps are
intended to promote efficiency, curb speculative applications, and
preserve spectrum for future secondary services.

DATES: Comments due on or before March 13, 2026; reply comments due on
or before March 23, 2026.

ADDRESSES: Pursuant to Sec. Sec. 1.415 and 1.419, interested parties
may file comments and reply comments on or before the dates indicated
on the first page of this document. Comments may be filed using the
Commission's Electronic Comment Filing System (ECFS). You may submit
comments, identified by MB Docket No. 26-20, by any of the following
methods:
<bullet> Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: <a href="https://www.fcc.gov/ecfs">https://www.fcc.gov/ecfs</a>.
<bullet> Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
<bullet> Filings can be sent by hand or messenger delivery, by
commercial courier, or by the U.S. Postal Service. All filings must be
addressed to the Secretary, Federal Communications Commission.
<bullet> Hand-delivered or messenger-delivered paper filings for
the Commission's Secretary are accepted between 8 a.m. and 4 p.m. by
the FCC's mailing contractor at 9050 Junction Drive, Annapolis
Junction, MD 20701. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes and boxes must be disposed of
before entering the building.
<bullet> Commercial courier deliveries (any deliveries not by the
U.S. Postal Service) must be sent to 9050 Junction Drive, Annapolis
Junction, MD 20701.
<bullet> Filings sent by U.S. Postal Service First-Class Mail,
Priority Mail, and Priority Mail Express must be sent to 45 L Street
NE, Washington, DC 20554.
<bullet> People with Disabilities. To request materials in
accessible formats for people with disabilities (braille, large print,
electronic files, audio format), send an email to <a href="/cdn-cgi/l/email-protection#42242121777276022421216c252d34">[email&#160;protected]</a> or
call the Consumer & Governmental Affairs Bureau at 202-418-0530.

FOR FURTHER INFORMATION CONTACT: James Bradshaw,
<a href="/cdn-cgi/l/email-protection#da90bbb7bfa9f498a8bbbea9b2bbad9abcb9b9f4bdb5ac">[email&#160;protected]</a>; Lisa Scanlan, <a href="/cdn-cgi/l/email-protection#25694c56440b7646444b49444b654346460b424a53">[email&#160;protected]</a>; or Amy Van
de Kerckhove, <a href="/cdn-cgi/l/email-protection#7c3d1105522a1d12181917190e1f1714130a193c1a1f1f521b130a">[email&#160;protected]</a>, of the Media Bureau, Audio
Division, (202) 418-2700. Direct press inquiries to Nancy Murphy,
<a href="/cdn-cgi/l/email-protection#541a353a372d7a192126243c2d143237377a333b22">[email&#160;protected]</a>, (202) 418-1043.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public
Notice, FCC-26-10, adopted February 18, 2026 and released February 19,
2026. The full text of this document is available by downloading the
text from the Commission's website at <a href="https://docs.fcc.gov/public/attachments/FCC-26-10A1.pdf">https://docs.fcc.gov/public/attachments/FCC-26-10A1.pdf</a> or by using the search function for MB
Docket No. 26-20 on the Commission's ECFS web page at <a href="https://www.fcc.gov/ecfs">https://www.fcc.gov/ecfs</a>.
Paperwork Reduction Act. This document contains proposed
information collections subject to the Paperwork Reduction Act of 1995.
The Commission has OMB approval to collect these applications under OMB
Control Number 3060-0405.
Providing Accountability Through Transparency Act. Consistent with
the Providing Accountability Through Transparency Act, a summary of
this document will be available on <a href="https://www.fcc.gov/proposed-rulemakings">https://www.fcc.gov/proposed-rulemakings</a>.

Synopsis

I. Introduction

1. In this Public Notice, we announce that we are directing the
Media Bureau (Bureau) to open the first-ever filing window for
applications for new noncommercial educational (NCE) reserved band FM
translator station construction permits. The Bureau will issue a
subsequent Public Notice to announce the specific dates of the 2026
window. By this Public Notice, we also seek comment on establishing
eligibility restrictions and a limit on the number of applications that
each applicant may file in the upcoming window.

[[Page 9529]]

II. Background

2. The Commission has employed application caps or eligibility
restrictions in prior reserved band full service NCE FM windows and
non-reserved band FM translator windows to promote efficiency, curb
speculative applications, and expedite the processing of applications
and expansion of new service while preserving spectrum and future
licensing opportunities. Specifically, in the NCE context, the
Commission has established by public notice a limit on the number of
NCE applications filed by an applicant in a filing window. In both 2007
and 2021, before the full service NCE FM station filing windows opened,
the Commission sought comment on an application cap and subsequently
established a limit of ten NCE FM new station applications filed by an
applicant during each filing window. In each window, this application
limit helped restrict the number of mutually exclusive applications
(including ``daisy chains'' of mutually exclusive applications), and
thereby minimized the delay caused by processing complicated
application chains. The ten application cap allowed the Commission to
expeditiously process and grant thousands of applications to a wide
range of local and diverse applicants, therefore promoting the rapid
expansion of new NCE FM service throughout the country.
3. The Commission has also imposed eligibility restrictions and
limits in prior FM translator filing windows to be consistent with the
mandates of Section 5 of the Local Community Radio Act of 2010 (LCRA),
which require the Commission to ensure that licensing opportunities are
available for all secondary services and that translator licensing
procedures do not foreclose or unduly limit future low power FM (LPFM)
licensing. For example, in both Auction 99 and Auction 100, the only
new FM translator windows since passage of the LCRA, which opened
pursuant to the AM Revitalization proceeding, the Commission limited
the scope of the window and designed strict eligibility requirements to
ensure continuing licensing opportunities for all secondary services.
The Commission concluded that ``a narrowly tailored filing window for
such FM translators . . . could yield significant public interest
benefits with little to or no detriment either to the FM translator
service or to licensing opportunities for LPFM stations, especially
since the filing window proposed will follow the 2013 LPFM filing
window.'' Similarly, to comport with the LCRA, the Commission
implemented remedial processing procedures and restrictions for the
then-remaining 2003 Auction 83 FM translator applications. The
restrictions and procedures adopted for these prior FM translator
filing windows were designed to strike a balance between the stated
goals of the specific proceeding and the overall goal of preserving
spectrum for secondary services.

III. Discussion

4. Given the success of both the October 2007 and November 2021 NCE
FM filing windows, as well as the Auction 99 and Auction 100 cross-
service FM translator windows, we tentatively conclude that we should
establish eligibility restrictions and an application limit in the
upcoming NCE reserved band FM translator filing window. We believe
eligibility restrictions and an application cap would deter speculative
filings, permit the expeditious processing of the applications filed in
the window, and provide interested applicants with a meaningful
opportunity to file for and obtain new NCE reserved band FM translator
station licenses while still preserving spectrum for future secondary
services, consistent with the LCRA. In contrast, we tentatively
conclude that the failure to establish eligibility restrictions and a
limit on the number of new NCE reserved band FM translator applications
that an applicant may file in the window could lead to a large number
of speculative filings, create the potential for extraordinary
procedural delays, and unduly deplete spectrum for future secondary
services.
5. Further, in the NCE context, the Commission has stated that
application limits should be considered ``[i]f the number of mutually
exclusive applications received under the new [point] system exceeds
our expectations.'' Consistent with the Commission's predictions in
connection with establishing an application cap before opening the
October 2007 and November 2021 NCE FM windows, we expect there will be
a large volume of NCE reserved band FM translator applications filed in
the forthcoming window that will require establishing an application
cap before the window opens. There are several factors that could
contribute to a large volume of NCE reserved band FM translator
applications in the forthcoming window: (a) there is no application
filing fee; (b) there are generally no ownership limits in the reserved
band; (c) there has never been a filing window for new NCE reserved
band FM translator applications; (d) LPFM station licensees are now
permitted to own up to two FM translator stations, and this window
marks the first opportunity for such applicants to file for new FM
translator station licenses; and (e) the Commission simplified and
clarified its rules and procedures for filing applications for new NCE
applications and considering competing applications. Accordingly, we
tentatively conclude that establishing an application limit before the
window opens will provide certainty to potential applicants and allow
for expeditious processing of applications. We seek comment on this
approach.
6. Accordingly, consistent with our mandate under section 5 of the
LCRA and to promote efficiency in this window, we tentatively conclude
that a general ten-application cap is a reasonable limit. The
Commission has successfully used an identical ten-application cap in
previous full service NCE windows to ensure our licensing procedures do
not foreclose or unduly limit future licensing and to prevent mass
filings by speculators, while still allowing legitimate applicants a
meaningful opportunity to obtain new station licenses. We believe that
a ten-application limit will permit the efficient and expeditious
processing of window-filed applications while at the same time
supporting the goals of localism and diversity reflected in the NCE
point system and our mandate under Section 5 of the LCRA. As noted
above, in previous windows where we have not imposed an application
cap, we have experienced extensive delays due to speculative
applications. We believe the action we propose herein will avoid those
problems in this window. Moreover, in order to further constrain
speculative applications and to ensure this window provides additional
flexibility to existing broadcasters, we tentatively conclude that
imposing a requirement that each applicant be the licensee or permittee
of an existing NCE FM or noncommercial AM radio broadcast station or
LPFM station (primary station), which the proposed FM translator will
rebroadcast, will further these goals. Finally, in accordance with the
Sec. 73.860 LPFM cross-ownership restrictions, we tentatively propose
to separately impose a four-application cap for Tribal LPFM applicants
and a two-application cap for all other LPFM applicants. As such, we
propose the following eligibility restriction and application limits:
In the 2026 new NCE reserved band FM translator station
construction permit filing window: (1) each applicant must be the
licensee or permittee of an existing NCE FM or noncommercial AM

[[Page 9530]]

radio broadcast station or LPFM station (primary station) that the
proposed FM translator station will rebroadcast; (2) each applicant
entity may file no more than a total of ten applications nationally,
except that (i) each Tribal LPFM applicant entity that is subject to
Sec. 73.860(c) may file no more than a total of four applications
nationally, and (ii) each other LPFM applicant entity that is subject
to Sec. 73.860(b) may file no more than a total of two applications
nationally; and (3) a party to an application may hold attributable
interests, as defined in Sec. 73.7000, in no more than the maximum
applications permitted under this rule. If it is determined that any
applicant entity filed more than the maximum applications permitted
under this rule, or any party to an application has an attributable
interest in more than the maximum permitted, the Media Bureau will
retain the applications that were filed first--based on application
receipt data--and dismiss all other applications that exceed the limit.
7. We seek comment on this proposed eligibility restriction and
application cap. We specifically seek comment on whether the proposed
general ten application cap and primary station eligibility restriction
are appropriate limits to enable the efficient processing of
applications and initiation of new NCE reserved band FM translator
service, while still preserving secondary service spectrum, whether
different eligibility restrictions or application caps would be more
appropriate, or whether we should establish no limit or restrictions at
all. In particular, we note that our goal is to give interested parties
the opportunity to apply for NCE reserved band FM translator outlets,
subject to the apparent need for eligibility restrictions and an
application cap for the reasons described above.

IV. Initial Regulatory Flexibility Analysis

8. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Commission has prepared this IRFA of the policies
and rules proposed in the Public Notice assessing the possible
significant economic impact on a substantial number of small entities.
The Commission requests written public comments on this IRFA. Comments
must be identified as responses to the IRFA and must be filed by the
deadlines for comments specified on the first page of the Public
Notice. The Commission will send a copy of the Public Notice, including
this IRFA, to the Chief Counsel for the SBA Office of Advocacy. In
addition, the Public Notice and IRFA (or summaries thereof) will be
published in the Federal Register.

A. Need for, and Objectives of, the Proposed Rules

9. The Commission has determined that, absent eligibility
restrictions and a limit on the number of applications that an entity
may file in the filing window described in the Public Notice, some
applicants may file a large number of speculative applications,
including applications that are mutually exclusive with each other.
Accordingly, the Commission has tentatively determined that a general
limit of ten applications for new NCE reserved band FM translator
station construction permits in the filing window, as well as imposing
a requirement that each applicant be the licensee or permittee of an
existing NCE FM or noncommercial AM radio broadcast station or LPFM
station (primary station) that the proposed FM translator will
rebroadcast, are appropriate procedural safeguards. We also tentatively
propose to separately impose a four-application cap for Tribal LPFM
applicants and a two-application cap for all other LPFM applicants. The
Commission tentatively concludes that an application limit and
eligibility restrictions will deter speculation, permit the expeditious
processing of the NCE reserved band FM translator applications filed in
the window, and provide interested applicants with a meaningful
opportunity to file for and obtain new NCE reserved band FM translator
station licenses while still preserving spectrum for future secondary
services. The Commission believes that the proposed eligibility
restriction and application limit will benefit small entities, as
defined below.

B. Legal Basis

10. The proposed action is authorized pursuant to authority set
forth in 47 U.S.C. 151, 152(a), 154(i) and (j), 301, 303(g) and (r),
308(b), and 309(j) of the Communications Act of 1934, as amended.

C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply

11. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. The RFA generally defines
the term ``small entity'' as having the same meaning as the terms
``small business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A ``small business concern'' is one which: (1) is independently
owned and operated; (2) is not dominant in its field of operation; and
(3) satisfies any additional criteria established by the SBA. The SBA
establishes small business size standards that agencies are required to
use when promulgating regulations relating to small businesses;
agencies may establish alternative size standards for use in such
programs, but must consult and obtain approval from SBA before doing
so.
12. Our actions, over time, may affect small entities that are not
easily categorized at present. We therefore describe three broad groups
of small entities that could be directly affected by our actions. In
general, a small business is an independent business having fewer than
500 employees. These types of small businesses represent 99.9% of all
businesses in the United States, which translates to 34.75 million
businesses. Next, ``small organizations'' are not-for-profit
enterprises that are independently owned and operated and not dominant
their field. While we do not have data regarding the number of non-
profits that meet that criteria, over 99 percent of nonprofits have
fewer than 500 employees. Finally, ``small governmental jurisdictions''
are defined as cities, counties, towns, townships, villages, school
districts, or special districts with populations of less than fifty
thousand. Based on the 2022 U.S. Census of Governments data, we
estimate that at least 48,724 out of 90,835 local government
jurisdictions have a population of less than 50,000.
13. The rules proposed in the Public Notice will apply to small
entities in the industries identified in the chart below by their six-
digit North American Industry Classification System (NAICS) codes and
corresponding SBA size standard. Based on currently available U.S.
Census data regarding the estimated number of small firms in each
identified industry, we conclude that the proposed rules will impact a
substantial number of small entities. Where available, we also provide
additional information regarding the number of potentially affected
entities in the industries identified below.

[[Page 9531]]

Table 1--2022 U.S. Census Bureau Data by NAICS Code
----------------------------------------------------------------------------------------------------------------
Regulated industry (footnotes
specify potentially affected SBA size Total small
entities within a regulated NAICS code standard Total firms firms % Small firms
industry where applicable) ($million)
----------------------------------------------------------------------------------------------------------------
Radio Broadcasting Stations..... 516110 47 2,616 2,136 81.65
----------------------------------------------------------------------------------------------------------------

Table 2--Broadcast Entity Data
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Broadcast station owners (as of August 8, 2025) SBA size standard ($47 million)
----------------------------------------------------------------------------------------------------------------
# Commercial % Small
Affected entity licensed Small firms entities
----------------------------------------------------------------------------------------------------------------
Radio Stations (AM & FM) Groups................................. 2,881 2,863 99.38
----------------------------------------------------------------------------------------------------------------

D. Description of Economic Impact and Projected Reporting,
Recordkeeping, and Other Compliance Requirements for Small Entities

14. The RFA directs agencies to describe the economic impact of
proposed rules on small entities, as well as projected reporting,
recordkeeping and other compliance requirements, including an estimate
of the classes of small entities which will be subject to the
requirements and the type of professional skills necessary for
preparation of the report or record.
15. The Public Notice seeks comment on establishing eligibility
restrictions and a limit on the number of applications that each
applicant may file in the upcoming window. We anticipate that none of
the changes adopted as a result of the Public Notice would result in an
increase to the reporting and recordkeeping requirements of broadcast
stations or applicants for NCE reserved band FM translator
authorizations. Small entity applicants would be required to comply
with application requirements, including submitting no more than a
total of ten applications nationally. Small Tribal LPFM applicants may
file no more than four applications nationally, and other LPFM
applicants subject to Sec. 73.860(b) of the Commission's rules may
file no more than a total of two applications nationally. Applicants
may hold attributable interests in no more than the maximum
applications permitted as defined in Sec. 73.7000 of the Commission's
rules. As noted above, we invite small business entities to comment in
response to the Public Notice, and provide specific information
pertaining to the costs, benefits, and impacts of any potential
reporting, recordkeeping, or compliance requirements we discuss.

E. Steps Taken To Minimize the Significant Economic Impact on Small
Entities and Significant Alternatives Considered

16. The RFA directs agencies to provide a description of any
significant alternatives to the proposed rules that would accomplish
the stated objectives of applicable statutes, and minimize any
significant economic impact on small entities. The discussion is
required to include alternatives such as: ``(1) the establishment of
differing compliance or reporting requirements or timetables that take
into account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance and
reporting requirements under the rule for such small entities; (3) the
use of performance rather than design standards; and (4) an exemption
from coverage of the rule, or any part thereof, for such small
entities.''
17. We are directed under law to describe any alternatives we
consider, including alternatives not explicitly listed above. The
Public Notice describes and seeks comment on (1) a proposed limit on
the number of new NCE reserved band FM translator applications that may
be filed during the filing window described in the Public Notice, and
(2) a proposed requirement that each applicant be the licensee or
permittee of an existing NCE FM or noncommercial AM radio broadcast
station or LPFM station (primary station) that the proposed FM
translator will rebroadcast. The proposed limit and eligibility
restrictions are intended to benefit all small NCE entities seeking to
establish a new NCE reserved band FM translator service by preventing
mass filings of speculative applications and preserving spectrum for
future secondary services. The proposed limit and eligibility
restrictions should benefit applicants by expediting the review and
processing of applications filed during the window. The proposed limit
does not impose any significant compliance or reporting requirements
because it would merely set a limit on the number of applications for
new NCE reserved band FM translator authorizations a party could file
during the window. Similarly, the proposed requirement that each
applicant be the licensee or permittee of an existing NCE FM or
noncommercial AM radio broadcast station or LPFM station (primary
station) that the proposed FM translator will rebroadcast does not
impose any significant compliance or reporting requirements.
Accordingly, we are not aware of any alternatives that would benefit
small entities. We encourage small entities to comment on the proposed
limit described in the Public Notice.

F. Federal Rules that May Duplicate, Overlap, or Conflict With the
Proposed Rules

18. None.

List of Subjects in 47 CFR Part 74

Radio, Reporting and recordkeeping requirements.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Proposed Rule

For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 74 as follows:

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES

0
1. The authority citation for part 74 continues to read as follows:

Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 310, 325, 336
and 554.

0
2. Amend Sec. 74.1233 by adding paragraph (b)(5) to read as follows:

[[Page 9532]]

Sec. 74.1233 Processing FM translator and booster station
applications.

* * * * *
(b)(5) Eligibility and Application Limits. In the 2026 new NCE
reserved band FM translator station construction permit filing window
(1) each applicant must be the licensee or permittee of an existing NCE
FM or noncommercial AM radio broadcast station or LPFM station (primary
station) that the proposed FM translator station will rebroadcast; (2)
each applicant entity may file no more than a total of ten applications
nationally, except that (i) each Tribal LPFM applicant entity that is
subject to Sec. 73.860(c) may file no more than a total of four
applications nationally, and (ii) each other LPFM applicant entity that
is subject to Sec. 73.860(b) may file no more than a total of two
applications nationally; and (3) a party to an application may hold
attributable interests, as defined in Sec. 73.7000, in no more than
the maximum applications permitted under this rule. If it is determined
that any applicant entity filed more than the maximum applications
permitted under this rule, or any party to an application has an
attributable interest in more than the maximum permitted, the Media
Bureau will retain the applications that were filed first--based on
application receipt data--and dismiss all other applications that
exceed the limit.

[FR Doc. 2026-03889 Filed 2-25-26; 8:45 am]
BILLING CODE 6712-01-P

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