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LPFM Report and Order: Difference between revisions
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=== Electronic filing === | === Electronic filing === | ||
On the topic of electronic filing, while most commenters supported electronic filing, some had said that there should be a permissive ability to file paper applications due to issues such as a "significant race gap" in internet access and for those without computer proficiency skills, or otherwise having access to the internet. | |||
While electronic filing was available, it was not mandatory for the first filing windows. Applicants could still file their applications on paper. They will determine what will happen for the second filing window when LP-10 stations become available. | |||
The FCC also announced that there will be a website available where prospective applicants can make a preliminary determination of what frequencies will be available at a particular location. | |||
=== Filing windows === | === Filing windows === | ||
In the NPRM, the FCC discussed whether the filing process for new stations should be "first come first served" or through a filing window process where applications will be taken for a short period of time. Many commenters supported the use of the filing window. Those who supported first come stated that the benefit is that would avoid situations with mutually exclusive applications but other stated that first come will give an unfair advantage to applicants with superior financial and technical resources. | |||
The FCC adopted a filing window process. Filing windows will be announced 30 days in advance and the window will be open for 5 days. | |||
Following a filing window, minor change applications will be permitted. Minor change applications can propose to move an LP-100 station up to 2 kilometers or an LP-10 station up to 1 kilometers. Minor change applications can specify a change to a first, second, or third adjacent channel or an intermediate frequency channel. Upon a technical showing of reduced interference, an applicant can change to any channel in order to resolve the interference. | |||
=== Mutual exclusivity === | === Mutual exclusivity === | ||
The FCC requested comments about handling mutually exclusive applications and how they would be settled. Three possible methods were mentioned: (1) comparative hearings, (2) a lottery process weighed in favor of certain applicants based on statutory requirements and other factors or (3) a system assigning points to applicants based on various selection criteria. | |||
Based on consideration of the record, the FCC would adopt a point system for resolving mutual exclusivity. The point system would include three selection criteria: | |||
# '''Established community presence''' - The applicant was local in the community continuously in the community for a minimum of two years. Local is defined as either the organization's headquarters, campus or chapter, or 75 percent of the organizations board members residing within 10 miles (16.1 kilometers) of the transmitting antenna. | |||
# '''Proposed operating hours''' - The applicant pledges to operate the station at least 12 hours per day. | |||
# '''Local program origination''' - The applicant pledges to originate locally at least eight hours per day of local programming. Local origination is considered the production of programming within 10 miles of the transmitting antenna. | |||
To enforce the operating hours and local origination points, the FCC may perform random audits on stations to verify the accuracy of the certifications and will consider written complaints regard the station's actual performance. | |||
In the event of a tie, applicants can propose a voluntary time sharing agreement with the ability to aggregate points. If a tie cannot be resolved, the 8 year license would be divided into successive non-renewable terms. If there are more than 8 tied applicants in a group, all but the 8 applicants with the oldest local community establishment dates will be dismissed. | |||
For voluntary time sharing agreements, applicants will have 30 days from the public notice announcing the tie to submit amendments proposing a voluntary time share proposal. Each time share proponent must propose to operate at least 10 hours per week. | |||
=== License terms and renewals === | === License terms and renewals === | ||