Media Contact: 
Janice Wise, (202) 418-8165
janice.wise@fcc.gov

For Immediate Release

FCC PROPOSES TO STREAMLINE AND IMPROVE NCE FM AND LPFM COMPARATIVE SELECTION AND LICENSING PROCEDURES 
-- Proposals Seek to Help Speed Delivery of New Radio Services to Consumers

WASHINGTON, February 14, 2019—The Federal Communications Commission today issued a Notice of Proposed Rulemaking aimed at streamlining and improving the rules and procedures for processing and licensing competing applications for new noncommercial educational (NCE) broadcast and low power FM (LPFM) stations.

Mutually exclusive (MX) applications for new NCE and LPFM stations are currently resolved by applying comparative procedures that include a point system for selecting among MX applications.  The NCE and LPFM procedures have facilitated the grant of several thousand new station construction permits.  But some of these regulations are unnecessarily complex and have caused problems for applicants seeking in good faith to comply with them.  Based on experience gained from past filing windows, this NPRM seeks to clarify, simplify, and improve our selection and licensing procedures and thus expedite the initiation of new service to the public.  

Among other things, the NPRM tentatively proposes to:

• Eliminate the current requirement that NCE applicants amend their governing documents to pledge that localism/diversity be maintained in order to receive points as “established local applicants” and for “diversity of ownership”
• Improve the NCE tie-breaker process and reduce the need for mandatory time-sharing
• Clarify aspects of the “holding period” rule by which NCE permittees must maintain the characteristics for which they received comparative preferences and points
• Reclassify as “minor” gradual changes in governing boards with respect to non-stock and membership LPFM and NCE applicants
• Extend the LPFM construction period from 18-months to a full three years
• Allow the assignment/transfer of LPFM construction permits after an 18-month holding period and eliminate the three-year holding period on assigning LPFM licenses.

Action by the Commission February 14, 2019, by Notice of Proposed Rulemaking (FCC 19-9).  Chairman Pai, Commissioners O’Rielly, Carr, Rosenworcel, and Starks approving.  Chairman Pai, Commissioners Carr, Rosenworcel, and Starks issuing separate statements.

MB Docket No. 19-3.

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This is an unofficial announcement of Commission action.  Release of the full text of a Commission order constitutes official action.  See MCI v. FCC, 515 F.2d 385 (D.C. Cir. 1974).