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.
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.
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: