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LPFM Universal Settlements It has been 1½ years since the FCC started releasing construction permits to LPFM applicants with only 471 approved as December 30, 2002. More than 3400 applications were submitted to the FCC with a substantial number from the first three windows applying for third adjacent frequencies; these applications were immediately dropped out of the running after the April 2, 2001 announcement: FCC ADOPTS REVISED LPFM ORDER; CODIFIES THIRD ADJACENT CHANNEL INTERFERENCE PROTECTION STANDARDS It wasn't until September 9, 2002 that the FCC announced the opening of a window for LPFM major amendments to comply with third-adjacent channel protection requirements. Those who reapplied under this order to a new frequency (if one was available) have slowly been approved by the FCC. The next hurdles to overcome are those conflicting LPFM applications where LPFM applications are vying for the same frequency or does not meet the spacing requirements with another LPFM application. These applications are MXed or "mutually exclusive." These applications have not been granted due to possible interference with another frequency. The FCC writes that these mutually exclusive situations will eventually be resolved through the application of a point system. When applications were submitted, points are awarded for (1) the organization's presence in the community for at least two years, (2) a commitment to broadcast at least 12 hours per day, and (3) a commitment to provide at least 8 hours of locally originated programming each day. The applicant with the most points will be awarded the construction permit. Should the MXed groups come together prior the FCC initiation of the point system, a universal agreement among the groups may be submitted for immediate consideration and approval of the construction permit to the working groups. Universal settlements may be filed at any time, but it must be a universal settlement meaning that all parties involved have come to some agreement amongst them to share the same requested frequency. "The sooner parties filed their settlements, the faster the FCC will grant them. The FCC processes the settlements in the order in which they are filed, unless special issues are involved, such as would occur if a proposed settlement involved unique issues or someone opposed it by filing a petition to deny" states Melodie Virtue of Garvey, Schubert, Barer Law Firm in Washington, D.C. NFCB has contracted Garvey, Schubert, Barer Law Firm to develop generic templates for LPFM universal settlements. Joint Request for Approval of Settlement Agreement and LPFM Settlement Agreement sample templates are available - click on the links below. Joint Request for Approval
of Settlement Agreement (PDF format)
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