The FCC has set up a filing window from February 19 through February 26, 2010. This has been rescheduled from this December.
This window is restricted to locations that are on the Table of Allotments that have been reserved as non-commercial educational.
In 2003, the FCC opened a window to permit proponents to petition that a certain vacant non-reserved band allotment should be moved from commercial to non-commercial use.
In order to reserve a channel as non-commercial, the proponent must make a showing that there are no reserved band (88-92) channels could be used without interference to foreign broadcast stations or TV channel 6 stations.
There is also a third test where an allotment would be possible if the allotment would provide the first or second non-commercial educational (NCE) radio service to at least 10% of the population within the 60 dBu service contour of the proposed allotment and that population is at least 2,000 persons.
There are a few things you need to know about this window:
This is a closed window
This means that applications received in this window MUST be for one of the 67 vacant allotments that have been designated for non-commercial use. You MUST specify the same channel and class for the allotment.
City of License
You must apply for the channel under the city of license shown in the Table of Allotments. Unlike LPFM rules, NCE rules require that the proposed station provide a 60 dBu service contour over at least 50% of the population of the city of license.
NCE reservation test
In order to apply, you must make a new showing that there remains no reserved band channels that are not available without interference to Channel 6 or foreign broadcast stations. Remember, the TV landscape has made a major change. Where there was no reserved-band channel available in 2003 (or even in the previous NCE window) because of TV Channel 6, there may be reserved band channels now. Our reading of the public notice suggests that if that is the case, you may not file for this channel. You may try under the "third test" method shown above.
Mutually Exclusive (MX)
REC expects every eligible allotment to be stacked with applications, especially from nationwide filers and speculators. MX applications will be handled pursuant to Part 73, Subpart K. Documentation supporting claims for points must be enclosed in the application as attachments and kept in the station's public file.
LPFM Divestiture
To assure that the diversity points can be taken, LPFM licensees wishing to use this opportunity to upgrade must propose to divest their LPFM interests prior to the grant of the NCE-FM construction permit application and request a waiver of the rules that would otherwise result in the attribution of the LPFM interest in the applicant's diversity criteria point determination.
Site Assurance and Financial Qualification
Applicants must have a site secured and available for construction if granted. Applicants should be prepared to show supporting documentation if requested by the FCC. Applicants must also be prepared to show that they are financially able to construct the station and operate it for three months.
As always, REC Networks recommends that you retain the services of a qualified consulting engineer and/or a qualified communications attorney. REC Networks does not provide any engineering or legal services nor can we endorse any particular commercial entity.
Community groups may be able to obtain assistance from Prometheus Radio Project (http://prometheusradio.org). REC Networks supports and endorses this organization.
REC wishes you all the best of luck in this filing window!
-Michi
