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Media Bureau Identifies Mutually Exclusive LPFM Applications

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Released: December 16, 2013

PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.

Internet: http://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322

DA 13-2397

Released: December 16, 2013

MEDIA BUREAU IDENTIFIES MUTUALLY EXCLUSIVE APPLICATIONS FILED IN

THE LPFM WINDOW AND ANNOUNCES 60-DAY SETTLEMENT PERIOD;

CDBS IS NOW ACCEPTING FORM 318 AMENDMENTS

By this Public Notice, the Media Bureau (“Bureau”) identifies by group all of the mutually exclusive
(“MX”) applications filed in the recent LPFM window (“LPFM Window”). Effective today, applicants
may also electronically file certain amendments using the Commission’s Consolidated Database System
(“CDBS”). The Bureau will provide expedited processing for all amendments, settlement requests and
time-share agreements filed during the next 60 days to resolve technical conflicts.

Mutually Exclusive Groups:

When the distance between two window applications does not meet the
minimum distance separation requirements specified in 47 C.F.R. § 73.807, the applications are treated as
MX. An MX group consists of all applications which are MX to at least one other application in the
group. Attachment A identifies all MX Groups and lists all applications in each group.
The Bureau has not made either acceptability or grantability determinations with regard to the
applications listed in Appendix A. The Bureau later could determine that one or more applications within
an MX group cannot be accepted for filing or granted. The applications identified in the MX groups also
may include applications the Bureau has determined or may at a future date determine are subject to
dismissal for legal and/or technical defects.1

Resolution of Application Conflicts:

As discussed in the LPFM Processing PN,2 MX applicants may
resolve technical conflicts through three methods – technical amendments, settlements and time-share
agreements. To receive expedited processing, any such filing must eliminate all technical conflicts
between at least one application and all other applications in the MX group.

Amendments:

Simultaneously with the release of this Public Notice, CDBS is being modified to permit
the electronic filing of certain amendments. As stated in the LPFM Processing PN, applicants may only
file “minor” amendments during this period.3 These include: (1) site relocations of 5.6 kilometers or less;
(2) channel changes of no more than +/- three channels or to an intermediate frequency (+/- 53 or 54)

1 Generally, following dismissal an applicant may file either one minor curative amendment or a petition for
reconsideration. Both filings are due no later than 30 days following the dismissal of the application.
2 See Media Bureau Provides Further Guidance on the Processing of Form 318 Applications Filed in the LPFM
Window,
Public Notice, DA 13-2308 (MB 2013) (“LPFM Processing PN”).
3 Major amendments, such as non-adjacent channel changes and otherwise prohibited site relocations of greater than
5.6 kilometers, will only be allowed after the Commission identifies tentative selectees among the MX groups.
Major amendments will only be allowed within 90 days of the announcement of tentative selectees.

channel; (3) partial and universal voluntary time-sharing agreements; (4) changes in general or legal
information; (5) changes in ownership where the original parties retain more than 50 percent ownership in
the application as originally filed. Site relocation amendments of more than 5.6 kilometers will be
permitted for time-share proponents4 to relocate to a common transmitter site.
The Bureau reminds applicants that they may not amend their applications to increase their comparative
point total and may not amend their applications to come into compliance with the minimum separation
requirements provided in 47 C.F.R. § 73.807. Technical amendments may not create any new application
conflicts and must specify rule-compliant facilities. Applicants filing technical amendments should
carefully consider all legal, e.g., maintaining eligibility as a “local” applicant,5 and technical
requirements. Applicants may file technical amendments as part of an agreement with other applicants in
an MX group or unilaterally.

Settlement Agreements:

Applicants entering into an agreement to procure the removal of a conflict
between applications by amendment and/or application dismissal must ensure that their settlement
agreement complies with the pertinent requirements of Section 73.3525 of the Commission’s Rules.6

Voluntary Time-Share Agreements:

As stated in the LPFM Processing PN, MX applicants may enter
into a partial or universal voluntary time-share agreement. The Bureau also will expedite the processing
of applicants that are able to enter into time-share agreements. We remind applicants that point
aggregation procedures7 will not apply to time-share agreements submitted prior to identification of the
tentative selectees in a MX group.

Applicants should refer to the LPFM Processing PN

for a fuller discussion regarding all
requirements for filing technical amendments, proposing a settlement agreement and/or seeking
approval of a time-share agreement.

For additional information, contact:
 Electronic filing assistance: Konrad Herling or David Trout, (202) 418-2662
 Legal inquiries: Tom Hutton or Parul P. Desai, (202) 418-2700
 Engineering inquiries: James Bradshaw or Gary Loehrs, (202) 418-2700
 Press inquiries: Janice Wise, (202) 418-8165
– FCC –

4 47 C.F.R. § 73.871(c).
5 See 47 C.F.R. § 73.853(b).
6 47 C.F.R. § 73.3525.
7 47 C.F.R. § 73.872(c).
2

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