2021 NCE Filing Window Rate Card and Conditions
UPDATED AUGUST 17, 2021
The following are the rates based on level of effort for REC filing applications for new construction permits and major change applications in the upcoming 2021 filing window for noncommercial educational (NCE) stations operating on the 20 reserved band channels between 88.1 and 91.9 MHz (channels 201~220). These rates apply to all markets. The government (FCC) does not charge any filing fees for NCE broadcast stations.
|Applicant Type||Level of effort rate|
|Basic Channel searches - Initial channel searching can be conducted at no charge through REC's NCE Preliminary Search Tool and other resources within REC. We note that in certain cases, this tool may return a false positive result. If you do get a positive result for the area, please contact REC to verify the result at no charge.||All applicants||$0|
|Basic Application - Original construction permit filing. If a new organization, the preparation of exhibits to demonstrate to the FCC that applicant is NCE qualified. Obtaining new FRN, if necessary. One minor modification application, if necessary, to resolve mutual exclusitivity. Post construction filing of license to cover application. Ownership report after licensing (see §73.3615(e)(1)).||New organization that currently does not have any NCE licenses (radio or TV).||$1,500|
|Organization that is already an NCE licensee (radio or TV) seeking first or additional FM NCE stations.||$1,200|
|Organization that is currently an LPFM licensee seeking to "graduate" to NCE on divestiture of their LPFM authorization.||$1,000|
|Organization that is an LPFM licensee seeking to propose no more than what would have been an LP-250 facility (250 watts @ 30 meters HAAT)||$800|
|Assignment of LPFM license - As existing LPFM stations would need to divest their LPFM station prior to the NCE station engaging in program test, they will need to either surrender their LPFM license to the FCC for cancellation or they will need to assign (transfer) their LPFM license to a different qualified nonprofit organization. This additional fee would handle the assignment of the LPFM station to a different qualified nonprofit organization.||Current LPFM licensees if there is no consideration (no money changing hands).||$150|
|Current LPFM licensees if there is consideration involved and/or an asset purchase agreement. (Client must provide own Asset Purchase Agrement.)||$250|
|Directional antenna - Directional antennas are more complex in NCE. Antennas traditionally used for FM translators can't be used. Client responsible for obtaining antenna field values from manufacturer. Client also responsible for proof of performance and any required verification of installation. Note that proof of performance studies can run into the thousands. Due to the overall expenses involved, REC discourages the use of directional antennas where possible.||Any applicant requesting a directional antenna.||$400|
|§307(b) showing - When there are competing applications, the FCC gives priority to applicants that can provide first or second educational service to at least 2,000 persons (based on 60 dBu contours of stations on 88.1~91.9). This includes population counts within the areas where the proposal will provide first or second service. This is also known as "fair distribution"||Any applicant wishing to claim fair distribution priority.||$250|
|Channel 6 showing - Stations that are located within a specific distance of one of the 10 full-service channel 6 TV stations must also demonstrate a lack of interference to the full-service channel 6 station.||Any application that is in the distances shown in §73.525 where a Channel 6 study is necessary.||$300|
|Shared Broadcast Tower - Station is proposed for a tower site that currently has other FM broadcast services on it. A radio frequency radiation study is necessary to show compliance with NEPA exposure guidelines.||Any application on a shared broadcast tower.||$100|
|International Protection - Proposals near the borders with Canada or Mexico on channels short-spaced with foreign allotments in order to demonstrate compliance with international agreements.||Any application short-spaced to a foreign allotment.||$150|
Payment Terms/Advance Payment Option
Prior to October 5, 2021: Clients have the option of making a full payment up front before work is done on the application or they may choose to make an advance payment of $500 before work starts and then the balance must be paid on or before the first day of the filing window (November 2, 2021). The advance payment also locks in exclusivity for the area surrounding your location pursuant to the REC Conflict of Interest policy below. Clients making the $500 advance payment and not paying the balance will be cancelled with no refund due.
After October 5, 2021: (the first day of the filing freeze), advance payments are not accepted.
After October 19, 2021: (two weeks prior to the opening of the filing window), no new requests will be allowed and unpaid requests (no full or $500 advance payment) will be cancelled.
REC Networks (REC) is Michelle Bradley, acting as an individual.
Please note that any significant changes in the request after the October 5 freeze will result in additional charges to be quoted based on level of effort. If the construction permit is granted, Basic Application includes license to cover filing. Client responsible for providing any necessary documentation for license to cover, such as proof of performance and installation certification for directional antennas, field radiation studies if required by permit condition, any expenses related to antenna construction on or near an AM station (including Form 302-AM filing by AM stations). In the event of mutual exclusivity (MX), REC will process one minor change amendment to the application. Client is responsible for negotiating with MX applicants and reaching settlements. REC does not file pleadings (such as informal objections, petitions to deny or petitions for reconsideration) on behalf of paid clients. That type of work must be done through an attorney.
Filing through REC is not a guarantee of a construction permit grant, given the competitive nature of filing windows. In the event that the application is dismissed by the FCC, no refunds will be provided.
Refund policy exception: If full payment is received by REC prior to October 5, 2021 and subsequent application activity is filed by other impacting stations which results in no options available, REC will refund two-thirds of the amount paid. The remaining amount will be retained to cover the work already done. After October 5, 2021, no refunds will be provided.
Clients should familiarize themselves with Part 73 of the FCC rules, especially subparts D, H and K.
Clients are responsible for obtaining assurance for the site proposed on the original application and must provide a contact name and telephone number of the property owner or their authorized representative. Clients proposing new towers of over 200 feet or within the glide slope of airports may require an antenna structure registration. REC does not provide antenna structure registration services.
Proposals for new stations must specify a community of license that is recognized by the U.S. Census Bureau’s Gazetteer or otherwise can qualify as a community for allotment purposes. The proposed facility must place a 60 dBu contour over at least 50% of the proposed community of license.
Applicants who are not already FCC noncommercial educational (NCE) licensees (radio or TV) must have at the time of filing, their articles of incorporation as a non-profit corporation filed with any state. Unincorporated associations require a statement from an attorney detailing the state unincorporated association law and how the applicant qualifies as an unincorporated association (REC highly discourages taking the unincorporated association route as they are rarely successful). Applicants are responsible for keeping their corporate status current (through filing annual reports through the state) otherwise an application can be dismissed by the FCC due to a lapse in corporate status. The FCC highly frowns on unincorporated associations and they are not recommended. These organizations must obtain FCC Registration Number or they can provide REC with their Employer Identification Number (EIN) or Taxpayer Identification Number (TIN) and a FRN will be applied for. The FRN must match the name of the corporation. The FCC will not license NCE stations to for-profit corporations, LLCs, partnerships or individuals.
Applicants must provide their FRN password to REC for application handling. For new organizations without an FRN, we will get a password when we apply for the FRN. We will need further identification information such as the organization’s employer identification number (EIN).
Individual board members must be identified and that each board member must not have any adverse actions that would need to be considered to be eligible for an FCC licensee. This includes previous felony arrests or convictions in the past 10 years and any situations where the FCC has previously determined on a previous FCC proceeding that a certain party must disclose a prior adverse action by the FCC. Board members who are currently under a denial of benefits under the U.S. Anti-Drug Act are prohibited from being a party to any FCC license. If a board member is denied student loans because of a previous drug conviction, this is the same thing.
Stations for this filing window are noncommercial educational. The use of the station for for-profit purposes including the sale of commercials is not permitted pursuant to 47 USC §399b and 47 CFR §73.503. If you were hoping to make a profit from this station, then this is not the appropriate radio service to apply for.
Clients (applicants) are responsible for the following:
- Obtaining and maintaining state corporate status for their organization.
- Identifying the proposed transmitter site including negotiating with a tower site owner or manager, or if they are building at their own site, assuring that all zoning and land use permits are in order.
- Antenna structure registrations when applicable.
- For stations located on or near AM broadacst stations, any tests or FCC applications necessary to be filed by the impacted AM stations. REC will advise in cases where AM stations must be notified.
- Negotiations with mutually exclusive applicants to work out settlement agreements or negotiate modifications.
- Negotiations with channel 6 stations to waive interference rules.
- Obtaining broadcast equipment (including an FCC certified transmitter and EAS decoder) and construction of broadcast facility.
- Adherence to Commission rules after the station is constructed including rules regarding public files/issues lists, license renewals, EEO and ownership reports.
REC/Michelle Bradley’s liability is limited to these terms and is limited solely to the funds paid. By using REC services, you waive your rights to seek relief above and beyond the amounts paid, including consequential damages.
If you have any questions, please contact REC.
REC’s Conflict of Interest Policy
For the NCE Window, REC will protect paid clients out to their proposed 40 dBu interfering contour. REC will not accept a second client that is proposing their initial transmitter site within that 40 dBu contour. REC will not accept a second client if the only channel available would result in a 40 dBu to 40 dBu interfering contour overlap on co-, first-, second- or third adjacent channels. If we receive a request from a conflicting client, REC will seek consent by the paid client with market exclusivity and only if both clients can be processed without any mutually exclusivity (including same site channel changes as amendments).
REC holds market exclusivity for the Delmarva Peninsula Zone (Maryland and Virginia east of the Chesapeake Bay as well as any point within 50 miles of the border of the state of Delaware) and will only accept clients in this area that will advance REC’s advocacy goals.