2. The groups addressed in this Order consist of applications that were filed or amended in October 2007, during the first filing window for NCE FM applications.These applicants have had an opportunity to settle among themselves and are now subject to a simplified, comparative process codified in Part 73, Subpart K, of the Commission’s Rules (the “Rules”). During the first step of this process the
MX Group Numbers 4, 5, 7, 17, 20, 21, 23, 41, 48, 64, 112, 121, 137, 198, 199, 201, 202, 204, 205, 208, 212, 223, 224, 225, 226, 228, 231, 244, 248, 250, 251, and 259.
6/21/08 The FCC has identified 148 additional NCE MX pools with up to 13 applicants each listed here. Applicants that were accidentally omitted (or incorrectly included) must report the errors to the FCC within 30 days.
The commission is getting ready to process the larger groups of applicants all competing for the same reserved band frequencies from the 2007 filing window.
As the FCC works its way through the more than 3,600 applications for NCE construction permits filed in 2007, it has now released another batch of applications in competition with other parties for reserved band channels so the parties have time to work out settlements. This batch consists of groups of 13 or fewer applicants, each seeking the same frequency.
To promote settlement discussions and ease workloads on applicants and their consulting engineers and attorneys, the Commission says it periodically will issue additional public notices identifying the remaining mutually exclusive groups. An applicant who believes that his or her paperwork has either been mistakenly included or excluded from any of the mutually exclusive groups should notify the Commission within 30 days.
SINGLETON (unopposed application) will be Accepted for Filing and can receive a CP shortly after the 30-day Petitions to Deny time elapses. Nexus can file any modifications (i.e., better tower site), recommend equipment and installers, and file the License to Cover when you go on the air!
MUTUAL EXCLUSIVE. Analyze situation and determine if you should be the “winner” under the complex Points System. Assist in negotiations with MX groups, prepare Settlement Agreements, and file with FCC. Respond to inquiries or petitions from the FCC or the opposing groups.
(a) Presumed Winner – If Nexus determines that you could win, persuade the opposing groups they will ultimately lose so they should settle now. You will be expected to pay all the filing / engineering / legal fees of these groups. Commission ruiles forbid you from paying more than “reimbursement of outside fees.” they incurred.
(b) Presumed Loser – If Nexus believes you will lose, we will recommend that you “sell out” to one of the opposing applicants. The selling price can not be more than what you paid outside suppliers for engineering, legal, and settlement services.
(c) Trade – Applicants can trade, i.e. “I will withdraw in Albany if you withdraw in Valdosta.” (However, it is not quite that simple.)
As you can see this process is complex, the competition is fierce, and the “MX matrix” probably starts in Seattle and ends in Key West. Nexus services include negotiations, filings, and related phone calls, emails, and mailing of documents. (Personal meetings and travel not included.)
Clients will be expected to participate in conference calls and joint emails as appropriate since the client will ultimately decide who to settle with and under what terms. Extended legal battles should be avoided.
Handling negotiations between organizations who each filed in several cities (up to ten) is like playing several games of chess at the same time. Nexus looks forward to assisting with even the most complex settlements.
Resources / Documentation:
FCC opens window to expedite grant of new NCE FM CPs.
The groups addressed in this Order consist of applications that were filed or amended in October 2007, during the first filing window for NCE FM applications. These applicants have had an opportunity to settle among themselves and are now subject to a simplified, comparative process codified in Part 73, Subpart K, of the Commission’s Rules (the “Rules”). During the first step of this process the Bureau, acting pursuant to delegated authority, uses service area population data and certifications provided by the applicants to conduct a threshold analysis.
NCE October 2007 Window MX Group Numbers 61, 65, 68, 69, 77, 78, 79, 89, 95, 100, 101, 106, 115, 117, 131, 132, 136, 139, 141, 145, 154, 161, 162, 165, 182, and 187.