FAQ: MX group has a 5 point and 4 point applicant in it. What happens?

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One 5 point applicant and one 4 point applicant

After the MX groups are announced by public notice, both applicants could reach a voluntary time share agreement at any time during the process and it would be considered a universal settlement and the time share agreement could be granted.  Neither applicant would be subject to the pledges.

When the FCC announces a remediation window, one of the two applicants could file to switch to a different channel (and location if necessary), both applicants would be considered singleton and otherwise, grantable. Neither applicant would be subject to the pledges.

If either applicant's application is dismissed, the other applicant will be granted for unlimited hours.  They will not be subject to the pledges.

If there is no actions taken by either applicant after the remediation window, the 5 point applicant will be granted unlimited hours and the 4 point applicant will be dismissed.  The 5 point applicant would be subject to the pledges to carry 8 hours of local programming per day and have a main studio.

One 5 point applicant and two (or more) 4 point applicants

After the MX groups are announced by public notice, all applicants could reach a voluntary time share agreement at any time during the process and it would be considered a universal settlement and the time share agreement could be granted.  Neither applicant would be subject to the pledges.

The 5 point applicant can agree to a time share with one of the 4 point applicants and in the same agreement, the other 4 point applicant can agree to dismiss or change to a different location or frequency (which takes them out of the MX).  This is also a universal settlement.

The 5 point applicant will not be able to reach an agreement with one of the 4 point applicants and not the other since applicants that do not have the same points can aggregate their points.

The two 4 point applicants can't reach an agreement on this channel as they are not the top scoring applicants in the group and therefore can't aggregate their points.

The two 4 point applicants can move to a different channel and propose a time share.  They will be granted their time share and the 5 point applicant will also be granted.  None will have a pledge obligation.  Likewise, one of the 4 point applicants can move to a different channel and the remaining two applicants (5 and one 4 point) can reach a universal settlement. 

If one or both 4 point applicants do not make any changes, the 5 point applicant will be granted and the 4 point applicants are dismissed.  The pledges will apply.

 

 

Topics: 
LPFM during the filing window
Answer Date: 
Saturday, October 5, 2019