As reported by the Communications Law Blog, the Office of Management and Budget has given approval to the FCC's plan to implement the non-preclusion plan for the 6,500 Auction 83 FM translator applications that remain pending.
As mentioned by the FCC Audio Bureau's Peter Doyle and James Bradshaw during a public forum, the process that was proposed to implement non-preclusion would require OMB approval in order to comply with the Paperwork Reduction Act. This OMB process is routine when the Commission or other federal agencies need to collect new data. Once the FCC issues the Report and Order for LPFM which is expected during the fall of this year, the new design for Form 318 (used for LPFM construction permits) and other forms will have to go through an OMB review and approval process.
As Communications Law Blog mentions, this approval allows the FCC to move forward and the FCC can move forward with the non-preclusion procedures. At the same public form, the FCC gave a tentative timetable that would have cap compliance (nationwide cap of 50 pending applications and one to a market) procedures taking place prior to non-preclusion/culling. The FCC's cap compliance policy is currently being reconsidered at the request of several organizations who feel that the one to a market is overly restricted. REC filed in response to the reconsideration petitions stating that the nationwide cap of 50 applications is warranted but there should be some consideration to translator applicants who have pending applications in rural portions of Arbitron counties and those applications do not preclude future LPFM opportunities.
