Amendments and Changes
Updated September 9, 2016
What can you do as a minor change?
The following application activities are considered a minor change and can take place after the announcement of the MX applicants:
- 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)
- Any location that is within 5.6 km of your current location. This can be on the same or a different channel.
- 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 5.6 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 5.6 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.
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 changes on original construction permit applications
- Changes in general or legal information.
- Changes in ownership where the original owners maintain at least 50 percent ownership in the application as originally filed.
Frequently asked questions
Can I file an application to move 4km to the west and then subsequently file another application to move another 3km due to the 5.6 km per move limit?
A. Not normally. This type of filing activity is frowned-on by the FCC because it circumvents the rules of minor changes. This activity was done by some translator applicants during the Great Translator Invasion where there was no site assurance at the itnermediate location. One translator licensee lost everything as a result of this type of behavior. However, the FCC has been accommodating to grant moves of more than 5.6 km if a compelling argument can be made that the move would be in the public interest. For help on these types of moves, please contact REC Networks at 1-844-REC-LPFM.
If the MX group has three applicants. Applicant #1 and #2 are 28km apart from each other and appicant #3 is 14 km from one applicant and 14km from the other. Can applicant #3 dismiss themselves in a settlement agreement thus creating two full time stations (since they are more than 24km awpart)?
Can I change location and change channel on the same application?
A. Yes, as long as both changes are within the limits for a minor change, the new location is properly spaced to other broadcast stations and that new second adjacent channel waiver studies are performed as needed.
I am currently MX on a channel that is not second adjacent channel short spaced.. Can I change to a third adjacent channel that is short spaced to a second adjacent channel station (but is otherwise properly spaced)?
A. Yes as long as you include a second adjacent channel study and waiver request.