Federal Communications Commission DA 20-576 DA 20-576 Released: June 1, 2020 MEDIA BUREAU ANNOUNCES SETTLEMENT OPPORTUNITY FOR MUTUALLY EXCLUSIVE LOW POWER TELEVISION AND TV TRANSLATOR APPLICATIONS JUNE 1, 2020 - JULY 31, 2020 The Media Bureau has pending before it the mutually exclusive applications for new or modified digital low power television and television translator stations (LPTV/translator stations) listed in the Appendix to this Public Notice. Parties with applications in the mutually exclusive groups listed in the Appendix may resolve their mutual exclusivity by unilateral engineering amendment, legal settlement, or engineering settlement during a settlement period beginning today, June 1, 2020 and ending at 11:59 pm ET, July 31, 2020. The applications listed in the Appendix are subject to the Commission’s competitive bidding procedures unless their mutual exclusivity is resolved. See 47 CFR § 73.3500 et seq. We will withhold further action on the mutually exclusive applications listed in the Appendix pending submission of settlement agreements or engineering amendments to resolve mutual exclusivity prior to the close of the settlement period. Unilateral Engineering Amendments. Applicants may resolve their mutual exclusivity by filing an engineering amendment to their application. An amendment that does not implicate the application of another station may be filed by the station during the settlement period without coordination with any other entity. All such amendments must be submitted by filing an amended FCC Form 2100 – Schedule C in the Media Bureau’s Licensing and Management System (LMS) by 11:59 pm ET on July 31, 2020. Engineering amendments submitted by applicants to unilaterally resolve their mutual exclusivity must be minor, as defined by the applicable rules, and must not create new mutual exclusivities or application conflicts. See 47 CFR §§ 73.3572(a)(4), 74.787(a)(4). Legal Settlements. Applicants may also resolve their mutual exclusivity through a legal settlement that provides for the dismissal of one or more of the application(s) in their mutually exclusive group. Such agreements must be submitted for Commission approval. Parties submitting a legal settlement for approval must ensure that their agreements comply with the provisions of section 311(c) of the Communications Act of 1934, as amended, and the pertinent requirements of section 73.3525 of the Commission’s rules, including, inter alia, the settlement reimbursement restrictions. See 47 U.S.C. § 309(j); 47 CFR. § 73.5000(a); see generally, Implementation of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, First Report and Order, 13 FCC Rcd 15920 (1998) (Broadcast Auctions First Report and Order). Parties filing a request for approval of settlement agreement must include a copy of their agreement and: (1) a statement outlining the reasons why such agreement is in the public interest; (2) a statement that each party’s application was not filed for the purpose of reaching or carrying out such agreement; (3) a certification that neither the dismissing applicant nor its principals has received any money or other consideration in excess of the legitimate and prudent expenses of the applicant; (4) a statement outlining the exact nature and amount of any consideration paid or promised; (5) an itemized accounting of the expenses for which it seeks reimbursement; and (6) the terms of any oral agreement relating to the dismissal or withdrawal of its application. Requests for approval of settlement agreement and the above-outlined documents required by section 73.3525 must be submitted in the form of an amendment to each party’s pending application in LMS by 11:59 pm ET on July 31, 2020. Engineering Settlements. Applicants may also enter into a settlement agreement to resolve their mutual exclusivity by means of an engineering solution. As with unilateral engineering amendments, engineering settlements must be minor, as defined by the applicable rules, and must not create new mutual exclusivities or application conflicts. See 47 CFR §§ 73.3572(a)(4), 74.787(a)(4). Such settlements may include proposing channel sharing as means to resolve their mutual exclusivity. Engineering settlement agreements must also be filed with the Commission for approval and must include the documentation required by section 73.3525 outlined above. Requests for approval of engineering settlement agreements, accompanying documentation, and corresponding technical amendments must be submitted in the form of an amendment to each party’s pending application in LMS by 11:59 pm ET on July 31, 2020. In the case of channel sharing settlements, the proposed sharee station shall file to modify its current license, specifying the technical parameters in the proposed host station’s application and request that its application be dismissed upon grant of the channel sharing. Applicants entering into engineering settlements should endeavor, wherever possible, to resolve their mutual exclusivity through minor engineering amendments, as defined by the applicable rules. Id. However, applicants that are unable to resolve their mutual exclusivity through a minor engineering amendment may, as part of their engineering settlement, amend their application(s) to propose a new available channel. The new channel proposal may not create a new mutual exclusivity or conflict with any other previously-filed application. For additional information or questions, please contact Mark Colombo (technical questions), Mark.Colombo@fcc.gov, (202) 418-7611, or Shaun Maher (legal questions), Shaun.Maher@fcc.gov, (202) 418-2324, of the Video Division, Media Bureau. -FCC- APPENDIX MUTUALLY EXCLUSIVE APPLICATIONS File No. Fac ID City ST CH Applicant Name Group Number BNPDTL-20090825ATH 182067 SANTA BARBARA CA 35 DTV AMERICA 1, LLC MX1 BNPDTL-20090825ACM 181235 SANTA BARBARA CA 36 PLUM TV, INC. MX1 BNPDTL-20090825ABL 181608 SANTA BARBARA CA 36 MOUNT WILSON FM BROADCASTERS, INC. MX1 BNPDTL-20090825AYT 181956 NANTUCKET ISLAND MA 36 DTV AMERICA 1, LLC MX2 BNPDTL-20090825ABM 181233 NANTUCKET MA 36 NTV, LLC MX2 BNPDTL-20090825BSY 182775 MACON GA 36 ALMA CORPORATION MX3 BNPDTL-20090825AVN 182019 MACON GA 36 DTV AMERICA 1, LLC MX3 BNPDTL-20090825AEF 181176 WARNER ROBBINS GA 36 GEORGIA EAGLE MEDIA, INC. MX3 BNPDTL-20090825AKK 181464 ELLENBURG WA 29 IGLESIA PENTECOSTAL VISPERIA DEL FIN MX4 BNPDTL-20090825AEN 182516 ELLENSBURG WA 29 CTB SPECTRUM SERVICES LLC MX4 BNPDTL-20090825BMH 182716 MONTICELLO FL 18 CTB SPECTRUM SERVICES LLC MX5 BNPDTL-20090825AMN 182565 QUINCY FL 18 CTB SPECTRUM SERVICES LLC MX5 BNPDTL-20090825ALY 182363 TALLAHASSEE FL 18 KING FORWARD, INC. MX5 BNPDTL-20090825CBF 182758 MOUNT SHASTA CA 26 BETTER LIFE TELEVISION, INC. MX6 BNPDTL-20090825AQN 182505 YREKA CA 26 CTB SPECTRUM SERVICES LLC MX6 BNPDTL-20090825BDY 182175 LAREDO TX 14 MYL, LLC MX7 BNPDTL-20090825ARR 181638 LAREDO TX 14 MAKO COMMUNICATIONS LLC MX7 BNPDTL-20090825BWW 182842 PANAMA CITY FL 24 MIK, LLC MX8 BNPDTL-20090825AVR 181518 PANAMA CITY FL 24 EICB-TV EAST, LLC MX8 BNPDTL-20090825BQB 181615 BRYAN TX 30 DAIJ MEDIA, LLC MX9 BNPDTL-20090825AWA 182057 COLLEGE STATION TX 30 MIK, LLC MX9 BNPDTL-20090825BNQ 182733 BOISE ID 23 ALMA CORPORATION MX10 BNPDTL-20090825BLB 181931 MOUNTAIN HOME ID 23 CTB SPECTRUM SERVICES LLC MX10 BNPDTL-20090825BBG 182619 BOISE ID 23 STAN V. SMITH TRUST DATED APRIL 30, 1993 MX10 BNPDTL-20090825BEY 181925 SANTA BARBARA CA 22 POINT BROADCASTING COMPANY MX11 BNPTTL200090825ACH 181406 SANTA BARBARA CA 22 CHANNEL 51 OF SAN DIEGO, INC. MX11 BNPDTL-20090825BHT 182434 : EUGENE OR 28 CTB SPECTRUM SERVICES LLC MX12 BNPDTL-20090825BFA 181920 EUGENE OR 28 POINT BROADCASTING COMPANY MX12 File No. Fac ID City ST CH Applicant Name Group Number BNPDVL-20090825AKT 181461 SEATTLE WA 12 IGLESIA PENTECOSTAL VISPERIA DEL FIN MX13 BNPDVL-20090825AAU 181664 BELLINGHAM WA 12 MOUNT WILSON FM BROADCASTERS, INC. MX13 BNPDVL-20090825BDW 182188 LAREDO TX 6 MYL, LLC MX14 BNPDVL-20090825ARV 181637 LAREDO TX 6 MAKO COMMUNICATIONS LLC MX14 BNPDVL-20090825BTH 182802 SAN LUIS OB CA 6 TERMER MX15 BNPDVL-20090825BOX 182042 SANTA MARIA CA 6 JAMES L. PRIMM MX15 BNPDVL-20090825BQX 181408 CAROLINA PR 2 RAMON A HERNANDEZ MX16 BNPDVL-20090825AWM 182027 SAN JUAN PR 2 MAKO COMMUNICATIONS LLC MX16 BNPDVL-20090825BQT 181498 SAN JUAN PR 3 SPANISH BROADCASTING SYSTEM HOLDING COMPANY, INC. (PR) MX16 BNPDVL-20090825BHP 181659 NORTH PALM SPRINGS CA 7 CLARK GAREN MX17 BNPDVL-20090825BGC 181612 PALM SPRINGS CA 7 JOURNAL BROADCAST CORPORATION MX17 BNPDVL-20090825BRF 181527 PONCE PR 3 SPANISH BROADCASTING SYSTEM HOLDING COMPANY, INC. (PR) MX18 BNPDVL-20090825BRB 181522 MAYAGUEZ PR 3 SPANISH BROADCASTING SYSTEM HOLDING COMPANY, INC. (PR) MX18 BNPDVL-20090825BQD 182384 PONCE PR 3 TELECINCO, INC. MX18 BNPDVL-20090825BPX 182386 MAYAGUEZ PR 3 TELECINCO, INC. MX18 BNPDTL-20090825AMO 181943 TALLAHASSEE FL 21 MAKO COMMUNICATIONS LLC MX19 BNPDTL-20090825AJC 182469 TALLAHASSEE FL 21 MADISON AVENUE VENTUURES MX19 BNPDTL-20090825AYS 182029 BEAUMONT TX 14 MIK, LLC MX20 BNPDTL-20090825AQZ 18165 BEAUMONT TX 14 MAKO COMMUNICATIONS LLC MX20 0000054805 130470 NEW YORK NY 33 VENTURE TECHNOLOGIES GROUP, LLC MX21 0000048498 60554 NEW YORK NY 33 VENTANA TELEVISION, INC. MX21 4