The FCC rules released in the Report and Order (FCC 00-19) were published in the Federal Register on February 15th, 2000. The rules become effective on the 17th of April, 2000. Soon after the rules take effect the Mass Media Bureau will announce a filing window for LP100 applications. The announcement will come at least 30 days prior to the opening of the window.

Based on this schedule, the filing window is expected to open in mid to late May, 2000. The filing window will open for 5 business days. Per ¶131 of the R&O, applications filed prior to or after the filing window will not be accepted.

After the filing window closes, the FCC staff will review the applications and identify those LPFM applications that are mutually exclusive and those which fail to protect existing stations. The LPFM filings that fail to protect existing stations will be dismissed, with no opportunity for amendment. Applicants that have failed to protect a full power station that was applied for during the same window, will not be prevented from applying. However, if the LPFM application is finally determined to be within the city grade contour of the full power station it will be dismissed.

If more than one license application is received within the filing window for the same frequency within 24 kilometers of each other the applications will be determined to be mutually exclusive. These licenses will be identified by the commission in a public notice. The selection procedures for mutually exclusive applications are discussed below.

A public notice will be released identifying applications that are determined to be acceptable for filing. Petitions to deny the application will be due within 30 days of this public announcement. Once the application is clear of any petitions or mutual exclusion proceedings then it will face the typical processing delays. It is not clear how long the process will take before a construction permit (CP) is granted. It could take until the end of the year or longer for the first CP's to be issued. Once the construction permit is granted the applicant will have 18 months to construct the station and begin broadcasts.

 

Resolving Mutual Exclusivity

Applicants with mutually exclusive license filings will be informed by public notice. Mutually exclusivity of applications will be resolved by use of a point system. Each application will be evaluated based on the established community presence of the potential licensee, the proposed number of operating hours and on local program origination. Points will be assigned for each criteria and the applicant with the most points will be granted the license.

If there is a tie then applicants who form time share agreements will be allowed to aggregate their points and break the tie. If no applicants wish to form time share agreements the FCC will grant successive equal licenses, totaling eight years. If this happens none of the applicants will be given renewal expectancy. This results in the application process taking place all over again after the eight years of the initial license have terminated.

Established Community Presence

In order to be awarded a point in this category the applicant must certify that it has been physically headquartered, has had a campus, or has had 75 percent of its board members residing within 10 miles of the location of the LPFM antenna for at least 2 years prior to the submission of the application.

Proposed Operating Hours

One point will be awarded each applicant that pledges to operate the station at least 12 hours per day. According to ¶143 of the R&O, additional points may be awarded for pledging to broadcast for more than 12 hours per day.

Local Origination Programming

Applicants that pledge to originate at least 8 hours of their broadcast programming from within 10 miles of the LPFM antenna each day will receive one point.

Verification of Selection Criteria