1,282 Applications Filed in November 2-9 NCE-FM Radio Filing Window; 60-Day Settlement Window Begins

The FCC received a total of 1,282 applications in the recent one-week filing window for new NCE-FM radio station construction permits.  Of that number, 883 applications propose parameters that are mutually exclusive with other applications, consisting of 231 total groups that will be processed under the FCC’s comparative analysis rules unless applicants enter into settlement agreements or file technical amendments to cure conflicts.  The FCC announced a 60-day settlement window ending January 28, 2022 for applicants to file technical amendments or settlement proposals, and will expedite the processing of all complete and rule-compliant settlement agreements and technical amendments filed by that deadline.

A few hundred applications proposed parameters that did not conflict with other applicants, and these “singleton” applications are gradually being accepted for filing via an FCC public notice that announces a 30-day period to file petitions to deny against the application.  Singleton applications have been reviewed by the FCC for compliance with its technical rules.  The public notice accepting singleton applications for filing triggers the local public notice requirements for applicants to post an online announcement about the filed application for 30 days.

Applicants were limited to filing 10 applications in the filing window, and some of the 1,282 total applications will be dismissed as a result of applicants that filed more than the limit, or others that proposed facilities that violated the FCC’s technical rules.

For applicants that are considering technical amendments, those can be filed as part of a settlement agreement or unilaterally.  Those amendments will be processed under the NCE first-come, first-served cut-off rule.  The FCC lifted its temporary freeze on application amendments as of 6:00 p.m. EST November 29, 2021, so technical amendments can be filed immediately.

Detailed procedures for resolving conflicts are set forth in the FCC’s November 29, 2021 public notice announcing the start of the 60-day settlement window.