NCE FM--2007 Window - Progress

6/21/08 The FCC has identified 148 additional NCE MX pools with up to 13 applicants each listed here.  Applicants that were accidentally omitted (or incorrectly included) must report the errors to the FCC within 30 days.

The commission is getting ready to process the larger groups of applicants all competing for the same reserved band frequencies  from the 2007 filing window.

As the FCC works its way through the more than 3,600 applications for NCE construction permits filed in 2007, it has now released another batch of applications in competition with other parties for reserved band channels so the parties have time to work out settlements. This batch consists of groups of 13 or fewer applicants, each seeking the same frequency.

To promote settlement discussions and ease workloads on applicants and their consulting engineers and attorneys, the Commission says it periodically will issue additional public notices identifying the remaining mutually exclusive groups. An applicant who believes that his or her paperwork has either been mistakenly included or excluded from any of the mutually exclusive groups should notify the Commission within 30 days.

TV & Radio MX Application Resolution Assistance

Nexus can assist all NCE radio applicants including:

SINGLETON (unopposed application) will be Accepted for Filing and can receive a CP shortly after the 30-day Petitions to Deny time elapses. Nexus can file any modifications (i.e., better tower site), recommend equipment and installers, and file the License to Cover when you go on the air!

MUTUAL EXCLUSIVE. Analyze situation and determine if you should be the “winner” under the complex Points System.  Assist in negotiations with MX groups, prepare Settlement Agreements, and file with FCC. Respond to inquiries or petitions from the FCC or the opposing groups.

(a) Presumed Winner – If Nexus determines that you could win, persuade the opposing groups they will ultimately lose so they should settle now.  You will be expected to pay all the filing / engineering / legal fees of these groups.  Commission ruiles forbid you from paying more than “reimbursement of outside fees.” they incurred.

(b) Presumed Loser – If  Nexus  believes you will lose, we will recommend that you “sell out” to one of the opposing applicants.  The selling price can not be more than what you paid outside suppliers for engineering, legal, and settlement services.

(c) Trade – Applicants can trade, i.e. “I will withdraw in Albany if you withdraw in Valdosta.”  (However, it is not quite that simple.)

As you can see this process is complex, the competition is fierce, and the “MX matrix” probably starts in Seattle and ends in Key West.  Nexus services include negotiations, filings, and related phone calls, emails, and mailing of documents.  (Personal meetings and travel not included.)

Clients will be expected to participate in conference calls and joint emails as appropriate since the client will ultimately decide who to settle with and under what terms.  Extended legal battles should be avoided.

Handling negotiations between organizations who each filed in several cities (up to ten) is like playing several games of chess at the same time.  Nexus looks forward to assisting with even the most complex settlements.

Resources / Documentation:

FCC opens window to expedite grant of new NCE FM CPs.

FCC Procedures for Settlement

History of NCE Point System

Original List of Singletons (now outdated)

FCC analysis of 26 MX Groups | LPFM | Low Power FM Radio

 The Media Bureau (“Bureau”) has before it for comparative consideration 26 groups of mutually exclusive applications for new or modified noncommercial educational (“NCE”) FM station construction permits.   By this Memorandum Opinion and Order (“Order”), the Bureau performs threshold analyses and identifies the tentative selectee in each group.  Petitions to deny the application of any of these tentative selectees must be filed within 30 days of the date of release of this Order. 

The groups addressed in this Order consist of applications that were filed or amended in October 2007, during the first filing window for NCE FM applications.   These applicants have had an opportunity to settle among themselves  and are now subject to a simplified, comparative process codified in Part 73, Subpart K, of the Commission’s Rules (the “Rules”).    During the first step of this process the Bureau, acting pursuant to delegated authority,  uses service area population data and certifications provided by the applicants to conduct a threshold analysis.

NCE October 2007 Window MX Group Numbers 61, 65, 68, 69, 77, 78, 79, 89, 95, 100, 101, 106, 115, 117, 131, 132, 136, 139, 141, 145, 154, 161, 162, 165, 182, and 187.

FCC MX Groups from 2007 NCE Window

 In October 2007, the Media Bureau (“Bureau”) received approximately 3,600 applications to construct new noncommercial educational (“NCE”) FM stations.

 

   The Bureau has processed all of the approximately 950 applications that fall into the following categories:  singletons, those that could be accepted for filing, and those that needed to be dismissed pursuant to settlements or as in excess of the ten-application cap.  On March 7, 2008, the Bureau released a Public Notice that included most groups containing four or fewer applications.   Most of the remaining applications are mutually exclusive with at least three other proposals.   As required by Section 73.3573(e)(4)  of the Commission’s Rules, the Bureau announces that it has identified the following groups of mutually exclusive applications listed in Attachment A.  At this time, the Bureau is announcing groups consisting of thirteen or fewer applicants.  To promote settlement discussions and ease work loads on applicants and their consulting engineers and attorneys, the Bureau will issue periodically additional public notices identifying the remaining mutually exclusive groups.  An applicant that believes that an application has been either erroneously included or erroneously excluded from any of the mutually exclusive groups listed in Attachment A should bring this matter to the attention of the Audio Division within 30 days. 

FM Translator Auction No. 83 Non-Mutually Exclusive Applications

FM Translator Auction No. 83 Non-Mutually Exclusive Applications; Media Bureau Announces Form 349 Application Deadline

 

Media Bureau Announces Form 349 Application Deadline, Processing Procedures, and Fifteen-Day Petition to Deny Period

Report No. AUC-03-83-C

On February 6, 2003, the Media Bureau (the “Bureau”) and the Wireless Telecommunications Bureau announced an auction filing window, from March 10, 2003 to March 14, 2003, for the filing of applications for new FM translator stations and major modifications to authorized FM translator stations in the non-reserved FM band.  The filing window was subsequently extended to March 17, 2003.  On December 11, 2007, the Federal Communications Commission released Creation of a Low Power Radio Service, Third Report and Order and Second Further Notice of Proposed Rulemaking.  The Third Report and Order established a going-forward limit of ten pending short-form applications per applicant from FM translator Auction No. 83 and directed the Bureau to resume processing of applications of those applicants in compliance with the cap.  By this Public Notice, the Audio Division, under delegated authority, releases a list of timely filed applications, from applicants that comply with the cap limit, that are not mutually exclusive with any other applications submitted in the filing window.These “singleton” applications are exempt from the Commission’s auction procedures.

Obtaining FCC Approval for NCE Station Fundraising To Aid Myanmar and China

PROCEDURES FOR OBTAINING COMMISSION APPROVAL FOR NCE STATION FUNDRAISING EFFORTS TO AID MYNAMAR AND CHINA RELIEF EFFORTS

The Commission generally prohibits noncommercial educational stations from engaging in on-air fundraising activities on behalf of any entity other than the station itself. See 47 .F.R. § 73.503(d). See also Commission Policy Concerning the Noncommercial Nature of Educational Broadcast Stations, 90 FCC 2d 895, 907 (1982). The Commission, however, has granted rule waivers for fundraising appeals to support relief efforts following disasters of particular uniqueness or magnitude, such as Hurricanes Andrew and Katrina, the September 11, 2001 terrorist attacks in New York City, and the January 2005 tsunami in Southeast Asia. These waivers have been issued for a specific fundraising program or programs, or for sustained station appeals for periods which generally do not exceed several days. Should a licensee wish to solicit contributions from viewers or listeners for the Mynamar and/or China relief efforts, it may file an informal request for a Section 73.503(d) waiver as follows:

New Version of 'The Public and Broadcasting'

DA 08-940
Released: April 24, 2008

MEDIA BUREAU RELEASES UPDATED VERSION OF “THE PUBLIC AND BROADCASTING” AND ANNOUNCES THAT BROADCAST INFORMATION SPECIALISTS ARE AVAILABLE FOR PUBLIC INQUIRIES

In its recent Report on Broadcast Localism and Notice of Proposed Rulemaking, the Commission concluded that the record in the localism proceeding (MB Docket No. 04-233) revealed a substantial need or greater public understanding of broadcaster obligations, and of the procedures by which the Commission enforces those obligations. The Commission expressed its desire to better educate members of the public about the tools available to them, should they believe that their local broadcast stations are not fulfilling their service obligations. To that end, the Commission directed the Media Bureau to update The Public and Broadcasting,” a publication that all broadcasters must maintain in their public inspection files.1 The Commission also stated that it would establish a contact point within the agency for public inquiries about broadcast matters.

In response to these Commission directives, today, the Media Bureau has released an updated version of “The Public and Broadcasting.”2 Including links to places on the FCC’s website that offer additional relevant information as to the matters discussed, this publication provides an overview of the FCC’s regulation of broadcast radio and television licensees, describes how broadcast stations are authorized, and explains the various rules and policies relating to broadcast programming and operations with which stations must comply, including the obligation to serve their local communities. It also explains how members of the public can become involved in assessing whether local broadcast stations are complying with these requirements. The publication is also intended to make the public aware of FCC procedures and the tools at their disposal, in the event that they conclude that any of their localstations do not meet these responsibilities.