FCC analysis of 32 MX Groups

The Media Bureau (“Bureau”) has before it for comparative consideration 32 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.

2.      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.

MX Group Numbers 4, 5, 7, 17, 20, 21, 23, 41, 48, 64, 112, 121, 137, 198, 199, 201, 202, 204, 205, 208, 212, 223, 224, 225, 226, 228, 231, 244, 248, 250, 251, and 259.

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.