Amendments and Changes
Updated May 12, 2020.
EFFECTIVE ON THE ENACTMENT OF THE RULES ADOPTED IN MB DOCKET 19-193 (APRIL, 2020).
What can you do as a minor change?
A minor change can be done at any time unless the FCC announces a filing freeze that restricts the filing of LPFM applicaitons.
- A channel change to a first adjacent channel (for example, going from 92.3 to 92.1 or 92.5).
- A channel change to a second adjacent channel (for example, going from 92.3 to 91.9 or 92.7).
- A channel change to a third adjacent channel (for example, going from 92.3 to 91.9 or 92.9).
- Going to a intermediate frequency channel (+ or - 53 or 54 channels, 10.6 or 10.8 MHz). For example, changing from 92.3 to 102.9 or 103.1)
- A change to any of the 100 channels as long as a technical contour study can demonstrate that the proposed channel would receive less interference (based on the interfering contours of other stations) than the current channel (again, based on the interfering contours of other stations). This type of study must be done by REC or another consultant or engineer who has access to the necessary tools to measure contours.
- Any location that is within 11.2 km of the current location on either the same or a different channel. Distances of more than 11.2 km will only be considered if it can be shown using a contour study that there is overlap of the 60 dBu service contour of the current LPFM facility and the proposed LPFM facility.
- For an application that is mutually exclusive, co-location with another LPFM application as part of a time-share settlement agreement even if the other station is more than 11.2 km away. You must remain on your current channel.
- For an application that is currently short spaced to a third adjacent channel station, you may move to either the same tower as the third adjacent channel station or any location within 500 meters of the third adjacent channel station, even if that location is more than 11.2 km away. You must remain on the same channel. You also need to make a showing of reduced third adjacent channel interference.
For channel and/or location changes, the new combination of location and channel must not be short spaced to any co-channel or first adjacent channel stations as well as foreign stations on co-channel, first-, second- and third-adjacent channels as well as intermediate frequencies. If the new location and channel combination is short spaced to a domestic second adjacent channel station, a second adjacent channel study and a request for a second adjacent channel waiver is required.
Channel and location changes can not create a new MX group or add an additional applicant to an existing MX group. In other words, the location/channel you propose must be totally clear of LPFM stations and applicants.
Time Share and other Settlement Agreements
If all of the applicants in a MX group can agree on a course of action, that is a universal settlement. A universal settlement that involves time sharing or the dismissal of applications will be acceptable at any time after the release of the MX public notice. Partial time share agreements can be filed however, applicants may only file partial time share settlements for point aggregation during the scheduled MX settlement window. No more than 3 stations can be in a new time share agreement.
Applicants who reach a settlement that involves the dismissal of one or more of the MX proponents must include the following with their FCC applications:
- A copy of their settlement agreement ann any ancillary agreements,
- A joint request for approval of such agreement and
- An affidavit of each party stating: the reasons why this agreement is in the public interest, a statement that its application was not filed for the purpose of reaching or carrying out such agreement, a certification that neither the applicant or its pricipals received any money or other consideration in excess of the legitmate and prudent expenses of the applicant, the exact nature and amount of any consideration paid or promised, an itemized accounting of the expenses for which it seeks reimbursement and the terms of any oral agreement relating to the dismissal or withdrawl of its application.
- If an applicant dismisses their application without entering into a settlement agreement, they must state that no consideration ahs been promised in connection with the dismissal.
- Time share agreements must specify the operating hours for each proponent. Each proponent must propose to operate at least 10 hours a week and no simultaneous operation of the time share proponents.
Other changes that can be made as minor amendments on original construction permit applications
- Changes in general or legal information.
- Changes in board members where the original board members maintain at least 50 percent ownership in the application as originally filed. Gradual changes that result in more than a 50% change overall can be done only if the mission of the organization stays the same. All board member changes for public sector/government agencies will be considered minor in all cases.