FCC moves forward on awarding first MX tentative selectees
Fourteen "clinched" MX Groups without any objections got the green light today.
Today, the Media Bureau has awarded grants of LPFM construction permits in 14 groups of mutually exclusive (MX) applications. This action, which we call “The Day 61 Cull” (even though it happened on day 62 because “day 60” fell on a Sunday) takes place the day after the FCC ends the opportunity for LPFM applicants that were identified as MX to be able to make major changes, such as site moves and channel changes in order to break out of their respective MX Groups.
In March, 2024 after the filing window closed, the Media Bureau identified 109 groups of MX applicants. By the middle of October, that was down to 93 groups. Since October 15, 2024, the FCC has allowed applicants identified as MX a 60-day period to make “major” modification amendments in order to break out of the group. After the conclusion of the 60-day period, 51 MX Groups remained.
In the Day 61 Cull, the Media Bureau identifies those MX Groups that only have one tentative selectee and that there are no pleadings, such as Informal Objections or Petitions to Deny filed against the tentative selectee. Since these MX Groups only had one tentative selectee, there’s no need for a time share agreement.
MX Groups getting grants today included:
Group 2 - Little Rock, AR 93.7 (The LAM Foundation)
Group 4 - Springdale, AR 92.9 (Christ Followers Marshellese Full Gospel Church)
Group 6 - Salt River Pima-Maricopa Indian Community, AZ 92.9 (Salt River Pima-Maricopa Indian Community)
Group 20 - Aurora, CO 105.5 (African Chamber of Commerce)
Group 25 - Citrus Springs, FL 102.9 (Lion of Judah Prophetic Worship Center)
Group 32 - Ocala, FL 95.1 (Ocala Pride, Inc.)
Group 45 - Monroe, LA 94.7 (Centro Compasion)
Group 52 - Holland, MI 95.1 (Ministerio Ondas de Amor)
Group 59 - Mooresville, NC 101.3 (Hermitage Media, Inc.)
Group 63 - Las Vegas, NV 94.9 (Las Vegas Community Radio)
Group 66 - Sheffield Lake, OH 100.1 (Radio Revelacion FM, Inc.)
Group 73 - Indiana, PA 94.9 (Worldwide Pants, Inc.)
Group 83 - Bath, SC 93.3 (Faith Baptist Church)
Group 100 - Charlottesville, VA (Virginia College & Community Radio Alliance)
Other applicants in these MX Groups that were not able to break off to other channels were dismissed.
All applicants granted today are subject to the pledge requirements, as outlined in §73.872 of the rules requiring a local accessible main studio staffed at least 20 hours per week and a requirement to provide locally originated programming for at least 8 hours per day.
For the MX Groups that have two or three tentative selectees, these groups have until January 15, 2025 in order to reach a voluntary time share or settlement agreement. If they fail to do so, then the FCC will impose involuntary time sharing which includes the granting of non-renewable licenses. Any non-renewable authorization granted can be made renewable by all parties in the time share subsequently filing a voluntary time share agreement, even if it for the same hours as previously authorized.
In MX Groups with three tentative selectees, two applicants can reach a voluntary time share agreement and aggregate their points to win the group over the one applicant remaining. However, all three applicants in such a group can reach a 3-way time share agreement. Time share agreements must specify at least 10 hours per week of operation per proponent and no simultaneous operations are allowed. Schedules can vary by days and can include days in which one of the stations is not on the air at all. Time share agreements are not required to have an equal amount of time for each proponent in the group.
With today’s grants, there is now a total of 37 MX Groups that remain of which, 20 of those groups have a pleading that is challenging the FCC’s determination of the tentative selectee. Actions in those 20 groups may take several months to over a year for the Media Bureau to resolve. Any outcomes that result in the adjustment of points will need to be circulated to and voted on by the full Commission and therefore could be delayed even more.
For full details on the status of applications from the 2023 LPFM Filing Window, visit:
https://recnet.com/window