“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:
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.
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.
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.
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.
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.
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: