In order to protect the integrity of the LPFM service by preventing commercial influence through speculation and “shadow ownership” (control of a station by an undisclosed third party), REC has filed Informal Objections against applications where it was supsected that speculative behavior was taking place. In other words, a single party filing for multiple facilities with the intention of either building a radio network or to sell the permits to other parties for a profit. 

With the upcoming vacancy on the Federal Communications Commission as a result of the end of Commissioner O’Rielly’s term that has not been renewed by the President, the current administration has the right to nominate someone to serve as a Commissioner at the FCC.  It is important to remember that the Commission consists of two members from the majority party and two from the minority party and the Chairman, who reflects the majority party at the time.

There continues to be confusion in the Amateur Radio community on how we reached this point with proposed application fees in the Amateur Radio Service.  Some have said that an "exemption for Amateur Radio was removed with RAY BAUM'S". That both is correct and incorrect.  You need to understand the 1986 law and the progress from then to the enactment of RAY BAUM'S. 

Here is some clarification on the way it used to be.  Prior to RAY BAUMS, Public Law 99-272, which was enacted in 1986 stated in Section 158 of the Communications Act, that the Commission shall charge application fees.  Those fees were listed as a fixed table. Amateur Radio was not included as a price point.

The Federal Communications Commission has denied a Petition for Reconsideration filed in MB Docket 19-3 (the NCE/LPFM administrative rulemaking proceeding) on procedural grounds, upholding the long-standing “one winner per group” policy when resolving mutually exclusive (MX)/competing applications where multiple applications could not be granted due to contour overlap (NCE) or distance separation (LPFM) requirements.  

The Petition, filed by Discount Legal called for the Commission to re-look at “secondary grants”, which are situations of where, after eliminating less than qualified applications or applications that did not meet FCC requirements would create a “stray” applicant that would otherwise be grantable if the unqualified applicants are removed. 

On Wednesday, the FCC released a Notice of Proposed Rulemaking (NPRM) in MD Docket 20-270 which implements portions of the Repack Airwaves Yielding Better Access for Users of Modern Services Act of 2018 (or RAY BAUM’S Act), which gives the FCC statutory authority to collect application fees.  As a part of the Act, the FCC is required to switch from a fee structure mandated by Congress 20 years ago to a new cost-based system.  This change will result in some fees being reduced and in some cases, such as the Amateur Radio Service, new fees are being added.