NCE FM -- 2007 Window

The FCC Media Bureau has identified 46 more "groups" of mutually exclusive applications for noncom educational FMs, as submitted in last October's filing window, and it soon will begin its comparative analysis work on that list.

The bureau received some 3,600 applications originally. It says it processed 1,230 applications that are "singletons, " those that could be accepted for filing and those subject to dismissal. It also earlier released lists of groups containing four or fewer applications, as well as groups with 13 or fewer.  This is the list of most of the rest; read the list 

Some of the groupings are quite large, with several dozen applications.  The FCC said any applicant who thinks an application has been erroneously included or excluded from any of the mutually exclusive groups should notify the Audio Division within 30 days; also, if any applicants in mutually exclusive groups are negotiating a settlement or time share arrangement, they also should tell the Audio Division now.  The comparative analysis work will begin after that time window.

8/28/08 The Media Bureau  has before it for comparative consideration 12 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 perform a threshold analysis.
For the full story and to determine if you are in one of these groups - http://nexusbroadcast.com/content/ view/81/1/

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 noncom frequencies stemming 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 noncom frequencies 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 Media Bureau 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 Audio Division within 30 days.

The commission has processed approximately 950 applications that were easier to grant or dismiss and is now working its way through larger competing groups that seek the same frequencies.
3/5/08 The FCC has identified 263 NCE MX pools with up to four applicants.  Listed here. The next step will be for the FCC to name Tentative Selectees.  No timetable has been announced; however the "one to two years wait" for all MX applicants was overly pessimistic.  CCB believes it will still be some time before the FCC starts processing complete "matrices" with up to 200 overlapping applications.  Applicants needing assistance with Settlements should contact CCB at 678 525-5450 (cell phone) or via email: JohnBroomall@Yahoo.com    

Details on all NCE applications can be found here at  RecNet NCE 2007. Complete FCC data can be searched by city and, facility ID, organization. and other ways. The  "Click for MX" links show MX applications in pink. Other links display the actual applications. While this search tool is excellent, please read the engineering disclaimer and limitations, i.e. not to be used for  PR or VI. 

Christian Community Broadcasters can assist all NCE 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. CCB 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 CCB 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.  Federal law forbids you from paying more than "reimbursement of outside fees." they incurred. 

(b) Presumed Loser - If CCB 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.  CCB's 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.  CCB 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

Recnet Channel Finder

History of NCE Point System

Original List of Singletons (now outdated)