It’s All Greek To Us, Too!

Sometimes it is impossible to figure out what the hell the FCC is talking about. They are not doing it just to confuse you. All fields of human activity develop specialized lingo. You probably use some yourself in your chosen field- maybe “post- structuralist” rolls easily off your tongue,  or “dormer” or “dorsal vertebrae,” or “electro-clash” or “a 4 inch nipple, 5/8” or “deliverable” or “do-se-do” or “Scotty.”

Below are the terms you will probably need to get a radio license, if you choose that endeavor over being a crack dealer or a plumber or a contra-dancer…

Application Received: If the FCC acknowledges that it got your application, but has not done anything with it yet, the status of the application is called "received".  The FCC website is hard to navigate, so if you want to check the status of your application we recommend using Rec Net’s Application Status in Plain English (ASPEN) located at  HYPERLINK "http://www.lpfm.ws/aspen/" http://www.lpfm.ws/aspen/ 

Accepted For Filing:  This means that the FCC has taken a quick breeze through your application and they don't see anything wrong with it...yet. They post the application as "accepted for filing,"  and give the public 30 days to bring forward any dirt about you that would lead them not to grant your license.

Competing Applicants: When the application you file turns out to be a “competing” application, that means that another group(s) has applied for an LPFM on a frequency that’s close enough to yours to cause interference.  Make sure to wear a helmet (or hire a lawyer)!   This is also called " mutually exclusive",  or "MX". This is not a new form of  pension fund- the FCC means  by "mutually exclusive" that since both applicants can not operate at the same time, they can not grant both applications. The applications mutually exclude each other.

 Construction Permit (CP):  Once the FCC has determined that your application is acceptable and you have gotten past the time for the public to object to your application,   the FCC will grant you a construction permit to begin building your station.  The construction permit is, practically speaking, your radio license. You can build and operate as soon as you have it. While the construction permit is extrememly difficult to get, the actual “ license to cover” is a mere formality, once you have built as specified in the construction permit.

Ex Parte: There are certain times you can get in trouble for communicating with the FCC. This is a good thing. Why? Because this affects the ability of insider DC lawyers  to talk to them more than it does you! The ex parte rules are there to make sure that if someone says something to an FCC staff member or commissioner, any one who could be affected by the outcome of the decision maker has an opportunity to know about the statements and respond. Basically, you only need to worry about this if you are saying something negative about an opposing applicant  for a channel you are trying to win.  You can say anything you want (of course it should be true), as long as you notify the other parties that you are saying it, and then they have a right to respond to the FCC.

Filing Window: In order to cut down on the number of applicants, the FCC will only take applications for radio stations during a five day period. The dates are generally not announced until 30-60 days before the opening of the “window of opportunity.” You can not apply before the window- your application will be ignored. You can not apply after- your application will be ignored. There is no “waiting list.”  There is no schedule- it could happen in three months, or ten years—even The Pope does not know when they will come. We don’t agree with filing windows, but they are the law and if you want a radio permit, you can only get one in a window. Now  is a good time, however, to print out the form and fill it out, because you do not want to figure out the answers to the questions at the last minute. Some will take some research.  So  read the instructions, fill out the form, get on our mailing list so we can notify you when a window opens, put the application on the shelf, and wait.

 Informal Objection: Really the same thing as a petition to deny, but with a little bit less procedure and legal weight. The FCC is not required to respond to an informal objection, but they are required to reply to a petition to deny. In practice, they generally reply to either.

License to Cover: After this is issued the station is fully licensed.  Stations can apply for a license to cover once they start broadcasting.  Once this is filed, you’re all done! The license to cover is sort of a formality... you automatically get it if you build according to the terms of your construction permit. Don't worry if it takes a while to come- it is normal to take months and it does not mean there is a problem. You can broadcast legally on your construction permit for as long as it takes the FCC to issue the license.

Mutually Exclusive: This is another way to say “competing applications.”

MX: This is yet another way to say “competing applications!”

Non-Competing Applicants: These lucky ones get to proceed with the process since no other station is competing for that space on the same frequency.  These are also referred to by  the FCC as "Singletons."  Unless, someone foils your plan and files a petition to deny…

 Partial Settlement: A partial settlement is used when some of the applicants who are faced with competing applications use the point system to make compromises and edge out other competitors who they do not want to share with. The stations tied for first place with points come to an agreement, solely among themselves, to share the station. If you are in first place with points, you still have to wait until this window is opened. There is some incentive for you to come to a settlement even if you would have gotten full exclusive use of the license if you waited.  See Universal Settlements for more details.

Parties:  This is not where you go on spring break. A “Party” is just a legalese word for the groups that are part of a legal proceeding, i.e. the guilty party. In the case of this process, each group that has applied at the right time in the filing window would be a “party” to any potential settlement. Another unrelated way the word parties is used in LPFM jargon is “parties to the application,“ which is generally the board of directors of the group that has applied.

Petition to Deny: A petition to deny is something that anyone from the general public, or other stations, can file against applicants/ licensees. The purpose is to allow for any and all dissent to be collected before the next step in the licensing process (construction permit, license to cover, or renewal, depending where you are in the process)  is granted to the applicant(s).  A petition to deny must prove that the petitioner is a party in interest, and that the applicant’s station will not serve in the interest of the public. These are hard to win. Usually, a petition to deny focuses on exposing a lie or mistake, made by the applicant, to the FCC.  A petition to deny by a Polka Society  against a Country Music station, saying that there are already plenty of Country Music stations but no home for Polka Music on the dial would not win, because the FCC does not care about the diversity of programming or anything like that.  

Petition for Reconsideration:  A petition for reconsideration is what an applicant can file to the FCC if they do not like how they ruled.  Commonly called "Recon, " it is basically a letter explaining why the FCC made the wrong decision, and asking for a change in ruling. It basically allows the station to get up and try again after the proper changes have been made.

Point System: It’s all about the points, here.  The FCC uses a point system to determine which applicants are the most in line with the purpose of LPFM broadcasting.  The applicants that come in first place with points are the ones that get to collaborate for a partial settlement window for the license. Points are given for a promise of locally originated programming, a pledge of operating twelve or more hours per day, and provable local presence of the organization in the community where the license will be issued.

Singletons: see: “non-competing application”

Universal Settlement: When 2-8 groups have applied to stations that will cause interference to each other in the same area, they all can come to a universal settlement to share the license. They can split the time used on the station or split the eight year term the license grants to the station between the applicants.  A universal settlement is exactly that: UNIVERSAL.  That means that every single original applicant must sign and agree to it, even those who could later be disqualified.  The FCC prefers to have universal settlements when possible. Universal settlements can be brokered at any time- partial settlements come late in the process, in filing windows.  Sharing can be fun; we promise! What is the dumbest question you can ask? “Is it possible to have a Universal Settlement if not all the groups agree?"  Uhhh- NO! That is a “partial” settlement. If a settlement is “universal,” that means that every one in the “universe” agrees.