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LPTV filing window opens this month! PDF Print E-mail
Written by Administrator   
Monday, 10 August 2009 14:27

Ever want to own your own television station? Your chance is just around the corner, as long as you’re willing to start small with a Low Power Television or TV translator station. The FCC has announced that the welcome mat for applications for new LPTV/translator stations (and major changes to existing stations) will be out as of August 25, if you want a rural station; if you’re looking for Bright Lights/Big City action, though, you’ll have to wait until next January.

In a Public Notice released June 29, the FCC announced a two-phase plan for the filing of applications for new digital-only LPTV and TV translator stations (we'll call them LPTVs collectively) and for major changes of existing LPTVs. Also, any analog LPTVs that didn't pick up a digital companion channel in the last go-round back in 2006 will now get another chance.

Phase 1 begins August 25, 2009, when the FCC will begin accepting, on a first-come, first-served basis, applications for new digital-only LPTV stations, major changes in existing LPTVs and digital companion channels in rural areas only.

What’s a “rural” area? To meet that condition, you must specify a transmitter site at least 75 milers (121 kilometers) from the reference points for any of the top 100 markets. (In an Appendix to the Public Notice, the Commission has helpfully listed not only all of the top 100 markets, but also their respective reference points.)

The geographical “rural only” restriction goes away when Phase 2 begins on January 25, 2010. From that date on, applications for new LPTVs, major changes and companion channels may be filed regardless of the proximity of the transmitter site to a major market.

Applications for new LPTVs and replacement translators must specify an in-core channel (i.e., Channels 2 through 51). Incumbent analog LPTVs looking for digital companion channels should also try to specify an in-core channel, but if nothing suitable is available, a channel between 52 and 59 may be used if the applicant goes through a whole circus full of hoops outlined in the FCC's Public Notice.

Last Updated on Monday, 10 August 2009 14:39
 
MX Resolution Assistance PDF Print E-mail
Written by Administrator   
Sunday, 29 June 2008 11:10

Nexus 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. 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)

Last Updated on Monday, 10 August 2009 14:45
 
NCE FM--2007 Window - Progress PDF Print E-mail
Written by Administrator   
Sunday, 29 June 2008 08:35

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.

Last Updated on Monday, 13 October 2008 04:33
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FCC analysis of 12 more MX Groups PDF Print E-mail
Written by Administrator   
Tuesday, 26 August 2008 09:53

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.

MX Group numbers 39, 59, 66, 72, 111, 125, 126, 128, 144, 189, 191, 356. Petitions to deny must be filed within 30 days of the release of this MO&O. 

Last Updated on Thursday, 16 October 2008 17:41
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FCC Grants First LPFM Ownership Transfers PDF Print E-mail
Written by Administrator   
Wednesday, 30 January 2008 19:38
11/2/05 FCC Grants First LPFM Ownership Transfers
The FCC has just approved the sales of KAMG-LP in Enid, OK, from Central Assembly of God Church to Amigos Ministry 10/20/05; WVDV-LP, First Baptist Church of Sebring (FL) to Ministerio Radial Christiano de Sebring; and WZPH-LP, Zephyrhills, FL from Ron Clark Ministries to Pasco County Educational Corp.  

The FCC previously granted a Form 316 "Change of Board" request, but hese are the first complete ownership transfer of LPFM stations via Form 314.  The FCC created new procedures to facilitate this. 

Question: Can LPFM ownership be transferred to another group? KKXI-LP

Answer: Form 314 should be used when a complete ownership change occurs; Form 315 when there is no change of ownership but all or virtually all board change, and Form 316 when the board changes by 50% or more (i.e. four members of an 8 member board)..  Some questions asked in these forms (i.e. full-power points system and "market size / share") do not apply to LPFM and should be answered "N/A".

Last Updated on Wednesday, 10 December 2008 15:42
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