The FCC’s Media Bureau and Wireless Telecommunications Bureau have identified all
proposals for new FM translators filed in its July 26-Aug. 2 filing window that are mutually
exclusive with other proposals submitted in the filing window, and has scheduled a limited period for those applicants to enter into settlement agreements — or otherwise resolve their mutual exclusivities by means of engineering solutions.
The limited settlement period starts Friday (9/29) and will run until Nov. 29.
Thus, parties seeking to resolve mutual exclusivities must file a technical resolution
amendment or a joint request for approval of their settlement agreement on or before Nov. 29.
Applicants resolving their mutual exclusivities by means of technical resolution amendments may do so by submitting prior to the close of the settlement period an amended FCC Form 349 Section I, the Tech Box of Section III-A, and the Section VI
Certification. Technical resolution amendments may be non-universal, but the amendment must resolve all mutual exclusivities between the engineering proposal and all other engineering proposals in the MX group.
All pending mutually exclusive FM translator engineering proposals filed in the Auction 99 filing window can be found here.
Among the many examples of companies found in the MX Auction are Radio Kingston Corp., which is acquiring WKNY-AM 1490 in Kingston, N.Y., from Townsquare Media, and Joe Ferraro, owner of nearby WHVW-AM 950 in Hyde Park, N.Y.
Both entities applied for an FM translator at 107.9 MHz; only one can exist, and must be far enough away from WELV-LPFM 107.9 in Ellenville, N.Y.
Applicants resolving their mutual exclusivities by settlement must ensure that their settlement agreements comply with the provisions of Section 311(c) of the Communications Act of 1934, as amended and the pertinent requirements of Section 73.3525 of the Commission’s rules, including, inter alia, reimbursement restrictions.
In the interest of expediting new FM translator service to the public, the Commission will accept both universal—in which all applicants in the particular MX group participate—and non-universal settlements. Universal settlements, however, are encouraged. Non-universal settlement proposals must eliminate all mutual exclusivities between at least one engineering proposal and all other engineering proposals in the MX group.
In accordance with Section 73.5002(b) of the rules, a noncomm FM translator application that remains in a mutually exclusive group with a commercial FM translator application after the close of the settlement window is ineligible to participate in Auction 99, and therefore will be returned as unacceptable for filing.
Applicant Calvary Chapel of Twin Falls selected NCE status on its FCC Form 175.
