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:

1. Tentative Selectee Preference: The 5-point applicant usually has a higher point preference over the 4-point applicant. This means that with all other factors being equal, the 5-point applicant is more likely to be selected as the tentative selectee.
2. Mutual Time-Sharing Agreements: In some cases, applicants within an MX group may enter into mutual time-sharing agreements. These agreements outline how the station will be operated and shared among the applicants. The FCC typically encourages these agreements as a means of resolving mutually exclusive situations. In such cases, if the applicants have reached an agreement, the FCC will select the applicant specified in the agreement as the tentative selectee.
3. Point Tiebreaker: If both the 5-point and 4-point applicants are competing for the same channel and neither has entered into a mutual time-sharing agreement, the FCC may use additional tiebreaker criteria. These can include factors like the number of years an applicant has been a local resident or the percentage of locally originated programming.

Ultimately, the FCC aims to select the applicant that best serves the public interest, and these point-based preferences and tiebreakers are used to make that determination when there are competing applicants within an MX group.

1. Voluntary Time Share Agreement: After the MX group is publicly announced, both applicants have the option to enter into a voluntary time-share agreement at any point during the process. If they do so, it’s considered a universal settlement, and the time-share agreement can be granted without either applicant being subject to specific pledges or requirements.
2. Remediation Window: When the FCC announces a remediation window, either of the two applicants can file to switch to a different channel, along with any necessary changes in location. In such cases, both applicants are considered as singletons, and they are otherwise grantable without specific commitments or pledges.
3. Dismissal of One Applicant’s Application: If one of the applicants’ applications is dismissed for any reason, the other applicant will be granted unlimited hours. The applicant that remains will not be subject to the usual pledges or requirements.
4. Inaction After Remediation Window: If neither applicant takes any action after the remediation window, the 5-point applicant will be granted unlimited hours, and the 4-point applicant’s application will be dismissed. In this scenario, the 5-point applicant would be subject to specific pledges, including the obligation to broadcast 8 hours of local programming per day and maintain a main studio.

These scenarios outline the potential outcomes when an MX group consists of both a 5-point and a 4-point applicant, taking into consideration various actions and decisions that can occur during the process.

In a scenario where there is one 5-point applicant and two or more 4-point applicants in an MX (Mutually Exclusive) group, various possibilities and outcomes can occur:

1. Voluntary Time Share Agreement: After the MX groups are publicly announced, all applicants have the option to reach a voluntary time-share agreement at any time during the process. Such an agreement would be considered a universal settlement, and all applicants involved would not be subject to specific pledges or requirements.
2. 5-Point Applicant’s Agreements: The 5-point applicant can agree to a timeshare with one of the 4-point applicants. In the same agreement, the other 4-point applicant can agree to either dismiss their application or make changes, such as switching to a different location or frequency, effectively removing themselves from the MX group. This also constitutes a universal settlement.
3. Aggregation of Points: The 5-point applicant cannot reach an agreement with one of the 4-point applicants while excluding the other. Applicants with differing point totals cannot selectively form agreements as they can aggregate their points.
4. Agreements Between 4-Point Applicants: If the two 4-point applicants are unable to reach an agreement on the same channel, given that they are not the top-scoring applicants in the group, they cannot aggregate their points.
5. Channel Change and Time Share: The two 4-point applicants can opt to move to a different channel and propose a time-share agreement. If this is approved, both 4-point applicants will be granted their time share, and the 5-point applicant will also be granted. None of them will have pledge obligations. Similarly, one of the 4-point applicants can switch to a different channel, and the remaining two applicants (the 5-point applicant and one 4-point applicant) can reach a universal settlement.
6. The inaction of 4-Point Applicants: If one or both of the 4-point applicants do not make any changes to their applications, the 5-point applicant will be granted the channel, and the 4-point applicants’ applications will be dismissed. In this case, pledge obligations will apply to the 5-point applicant.

These scenarios outline the potential outcomes and agreements that can occur when there is a mix of 5-point and 4-point applicants within an MX group, taking into account different actions and decisions during the process.