Just as a reminder to LPFM applicants who are mutually exclusive in the second window which includes the states of CT, DC, DE, IL, IN, KY, MA, MD, ME, MI, MN, MO, NC, NH, NJ, NY, OH, PA, RI, SC, TN, VA, VT, WI and WV, your filing deadlines are coming near.
- Time share agreements and settlement agreements (agreements that one or more applicant will dismiss while one or more applicant will take the channel) are due by December 4, 2014 at 11:59PM Eastern Standard Time.
- Technical amendments that involve change in channel or location are due by December 8, 2014 at 6:00PM Eastern Standard Time.
If you are filing a time share agreement, you are only required to file the time share agreement in one of the applications in order for it to be considered as timely filed.
What if the deadline is missed?
- If you are a non-leading applicant in your group (such as a 4 point applicant in a group with 5 point applicants), your application will be dismissed with no further opportunity to change it.
- If you are a leading score applicant (such as a 5 point applicant in a group with other 5 point applicants) and two or more of the other leading score applicants have filed a time share agreement, their points will be aggregated and your application will be dismissed with no further opportunity to change it.
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If you are a leading score applicant and no other leading score applicants have filed a time share or settlement agreement, the following will happen:
- If there is a tie of 2 or 3 applicants: The FCC will eventually send you a postal letter. In this letter, the FCC will state that they are prepared to grant your application but they will need you to choose a time slot for the 12 or 8 hours a day allotment you will receive as a part of involuntary time sharing. You have 30 days to respond to this inquiry. During this 30-day period, the FCC is also giving you time to reach a universal settlement with the other tied applicants.
- If the tie is more than 3 applicants: The FCC will take the top-3 applicants based on community presence date and send the letter that was mentioned above. The remaining applicants will be dismissed with no opportunity to change.
- If you are in an involuntary time share situation, it is in your best interest to reach a universal settlement with your time share partner(s). Until a universal settlement is reached, your license will be non-renewable. A universal settlement can be reached at any time, even after the construction permits are granted.
Q. I had heard that the FCC gave an extension for time shares in the first window. Why can't they do that in the second window?
A. The extension was as a result of an REC inquiry into the method that the public notice was written. There was nothing in there to suggest that there were really three deadlines (one for Petition to Deny, one for timeshare agreements/settlements and one for technical amendments). In the FCC order to extend the time share deadline in Window 1, the FCC pretty much confirmed that there are really three deadlines. This announcement was made well in advance of the closing of Window 2 and as a result, REC will not be pursuing having this extended for Window 2. It is our hope the FCC does a better job in writing the public notice for Window 3 to specifically state that there are really three deadlines.
If you need assistance in a technical amendment, please contact REC before Sunday, December 7, 2014 by using the "Contact REC" link on the REC website or use the assistance button on myLPFM.com
