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by Kai Aiyetoro
May, 2003
Are you MXed with other stations? MXed applications are those that
have filed for the same frequency in the same coverage area. This may
be resolved by:
· Developing a universal settlement with each applicant involved.
· Convincing the other applicants to withdraw their applications.
· Sharing points with those applicants who will collaborate with
your organization in challenging an opposing applicant.
Your points were determined when you originally completed your application
(Section III – Point System Factors).
1. One point is given for organizations which have an established community
presence.
2. One point is given for a commitment to broadcast a minimum of 12
hours per day.
3. One point is given for committing to eight hours of locally originated
programming per day.
You may collect a total of (3) three points for use in a tie-breaker
situation. Only groups that have tied may share points.
Example I:
Group A (school) has 1 point.
Group B (church) has 3 points.
Group C (community organization) has 3 points.
Group D (arts organization) has
3 points.
Groups A, C, and D have decided that they can work together, but cannot
develop an agreement with Group B. Since they cannot get Group B to
participate, they should consider sharing points. Only Group C and D
may share points since they tie with 3 points each.
They may submit an amendment to the FCC to share their collective 6
points. These 6 points will allow them to beat Group B, which has only
3 points. If Groups C and D want to include Group A, they can do that
voluntarily without the consent of the FCC, but technically Group A
will not be a licensee.
Example II:
Group A (school) has 1 point.
Group B (church) has 3 points.
Group C (community organization) has 3 points.
Group D (arts organization) has
2 points.
In this example, Group D has only 2 points. Group D is not eligible
to share with Group C; therefore, Group B and Group C are tied. If Group
B and Group C do not agree to share points, and there is not a universal
agreement among Group A, B, C, and D, the FCC resorts to the next level
of tiebreaker. Under the next tiebreaker, each tied group gets the license
for an equal portion of the license term – in this case Group B
and Group C will be licensed 4 years each. When the license term is
over, the license reverts back to the FCC.
Timing
Universal settlements may be submitted at any time, but they should
be submitted as soon as possible. Amendments to share points may only
be submitted after the FCC evaluates the applications and determines
how many points each applicant receives from the MXed lists. The FCC
will release those lists, and then applicants will have a limited time
to submit their amendments for point-sharing.
False claiming of points
What if an applicant thinks another applicant claimed points it doesn’t
deserve? After the FCC determines which applicants have the most points,
those who disagree may file petitions to deny. Those filing petitions
to deny can expect a countervailing petition against them. However,
if both your application and your case against the other applicant are
solid, this might be the best solution. Each applicant needs to carefully
evaluate the applications they are competing against.
Inside Sources Say
FCC Audio Services expect to address the MXed list of LPFM applicants
very soon. Our sources say they plan to go through several cycles by
mid-June! So the applications of those who have been stuck in MX limbo
for the past two years or more may finally come to fruition. The FCC
will most likely continue the process on a rolling basis by window.
Step One: The FCC will post the MX list without point allocations.
You’ll have 60-90 days to develop a universal settlement (see the
February 2003 issue on how to submit a universal settlement). If no
universal settlement is filed among your MX group, the FCC will eventually
issue points to your group for future determination.
Step Two: The FCC will issue a list of point allocations. If
there is a single winner among the groups, their application will be
accepted for filing; petitions to deny will be due 30 days afterwards.
Should there be no petitions filed against them, a construction permit
will be approved.
Step Three: Should two or more groups tie for first place, the FCC will
give 30 days for groups to file an amendment to share points. If no
amendment is filed, the FCC will grant the licenses according to tie
break rules. Eligible applications will equally share a combined term
of eight years. After this term, the frequency will revert to the FCC.
For further information about mutually exclusive LPFM applications
(see FCC LPFM ruling §73.872 Selection procedure for mutually exclusive
LPFM applications or the overview by Media Access at http://www.mediaaccess.org/programs/lpfm/LPFMORD.PDF.
Kai Aiyetoro
Director of Low Power FM
(510) 451-8200 ext.303
kai@nfcb.org
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