If LPFM stations operating under a time share arrangement wish to temporarily alter their schedules for a specific event, they should follow these steps:
To ensure a renewable license in an involuntary time-share situation, it’s essential to achieve a universal settlement with all the applicants in the time-share group. This can be done even after the FCC has determined involuntary time-sharing, or there’s an option to wait and see if other applicants (s) opt-out, no longer wish to hold a non-renewable license. This highlights the significance of cooperative collaboration from the outset to avoid such complexities.
Yes, if two LPFM stations are currently operating under a time-share agreement and another channel becomes available that is properly spaced to either of the stations, one of the stations can request a move to the new channel while claiming that eliminating the time-share arrangement will “reduce interference.” However, the success of such a request will depend on several factors:
Approximately a month following the closure of the application window, assuming no objections have been filed against any group members, the FCC will send out letters to all tentative grantees. In these letters, the FCC will request confidential responses within 30 days regarding your preferred time slot. Additionally, this communication provides a 30-day window for potential universal settlement negotiations with the other tentative grantee(s).
Regrettably, that statement is correct. According to §73.872(d)(4) of the rules, if the applicants within the mutually exclusive (MX) group end up in involuntary time sharing without a settlement agreement, the licenses will have non-renewable terms. However, if the group members later come to a settlement, even if the hours of operation remain the same, the licenses will become renewable.
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.
In 2019, the FCC revised LPFM rules to allow for discussions regarding time-sharing among members of mutually exclusive (MX) groups before the announcement of tentative selectees. (Refer to FCC Tech Order, paragraphs 35-44)