Filing Windows

As of the time of this writing (Saturday, December 16, 2023), the FCC has not yet released the information on the applications filed in the 2023 LPFM Filing Window. The FCC's methods of handling of the application data post window is a great departure to how the 2021 NCE Filing Window was done where we were able to see all of the applications filed approximately two hours after the window closed. We understand that there are some back office functions that need to take place which may require taking LMS down for a period of time. Therefore, we do not know when this will take place.

During an FCC filing window for new broadcast construction permits, such as the 2021 Noncommercial Educational (NCE) FM filing window and the current 2023 Third Generation Low Power FM (LPFM) filing window, the FCC suppresses the applications in the License Management System (LMS) from being publicly viewed until after the close of the window.  This is in order to assure the fairness of the window as all applications filed in the window are considered as simultaneously filed.

A recent discussion on a Facebook group related to Low Power FM (LPFM) had expressed concern over what was being called by some as a “data breach”.  Specifically, it was reported that it was possible to view LPFM applications that were filed during the window period prior to the close of the window period.

REC Networks has filed comments with the FCC today on their question regarding application caps in the noncommercial educational (NCE) FM Filing Window in 2021. 

The FCC has proposed a cap of 10 applications being filed by any one entity.  In addition, they also proposed a cap of 10 applications where any specific party to an application can appear.  The latter is to prevent people from filing under different organization names.

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. 

In an early vote prior to the December 12 open meeting, the Federal Communications Commission has adopted a Report and Order on MB Docket 19-3.  A majority of the items in this docket spell out the ground rules for future filing windows for new noncommercial educational (NCE) and low power FM (LPFM) broadcast stations.  The FCC has officially addressed the timeline for future filing windows.  REC is promoting a timeline that calls for the window for new NCE FM stations to take place in mid to late 2020 (following Auction 106 and the conclusion of the TV repack) and