“Legitimate and prudent” expenses typically refer to expenses that are both reasonable and necessary in the context of a particular situation. In the case of LPFM (Low-Power FM) radio applications or other regulatory processes, legitimate and prudent expenses may include:
FAQ Tag: remediation window
Is there still a possibility for me to succeed if I’m part of an MX group but don’t have the highest score among the applicants?
Yes, there is still a chance for applicants in an MX (Mutually Exclusive) group who do not have the highest score. While scoring is a significant factor in the MX selection process, other factors such as settlement agreements, time-sharing arrangements, and unique circumstances can also influence the outcome.
Is it possible for a 5-point applicant to enter into a settlement agreement with a 4-point applicant during the 90-day settlement window?
During the 90-day settlement window, a 5-point applicant can reach an agreement with a 4-point applicant. In fact, any combination of applicants can reach a settlement agreement during this window, regardless of their point totals. The key is to come to an agreement that resolves the mutual exclusivity (MX) issue for that particular channel. Points may help determine who gets priority in selecting hours in a time-share agreement, but they don’t restrict who can negotiate a settlement.
Is it accurate that when the 90-day window public notice is issued, the FCC will only select the top 3 applicants (based on local community dates), and the other top-scoring applicants will be dismissed?
No, that’s not accurate. In an MX (mutually exclusive) group, all equally qualified applicants will be considered tentative selectees. The local community presence dates will only come into play as a tiebreaker if the group defaults and a settlement or time-sharing agreement cannot be reached. In other words, the FCC will generally select all equally qualified applicants as tentative selectees to promote fairness and inclusivity in the process.
I’m part of an MX group with three applicants. Two of us have decided to enter into a time-sharing arrangement. I’m the top-ranked applicant in the group, based on my community presence date, while the other applicant is ranked third. We all have earned 5 points in our applications. Will we emerge as the winners?
Yes, if you formalize your time-sharing settlement agreement during the designated 90-day filing window, your group’s top-ranked applicant (#1) and the third-ranked applicant (#3) can combine their points. As a result, both of you will have a total of 10 points, while the second-ranked applicant (#2) will retain their 5 points. This means that group #2 will be dismissed, and you and the third-ranked applicant can jointly share the channel, operating according to the terms stipulated in your voluntary time-sharing agreement.
If a member of my MX (Mutually Exclusive) group is located more than 24 kilometers away, can I enter into a time-sharing agreement with them, requesting 24 hours of airtime for both stations while still aggregating our points?
This is indeed possible and has been successfully executed. However, for the time-sharing agreement between “A” and “C” to be valid, it must specify non-overlapping schedules. After your time-share proposal is approved, and the other applicants are subsequently dismissed, you’ll need to await the finalization of those dismissals.
What Happens When an MX Group Contains Both 5-Point and 4-Point Applicants?
When an MX (Mutually Exclusive) group includes both a 5-point applicant and a 4-point applicant, a point-based preference system is used to determine the tentative selectee within the group. Here’s how it typically works: