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Mutually-Exclusive (MX) – Timeshares and Technical Changes Now Available

    October 2024 – On the 16th, the FCC released the “MX Tentative Selectees” Public Notice, which begins the period during which MXed applicants have additional flexibility for pursuing their licenses and getting on the air quickly. Several MX groups can now be resolved through “non-adjacent” frequency changes and other technical options, and different types of timesharing/settlement proposals. The Notice and its implications are complex, and it is a good time to utilize your service provider’s experience.

    LPFM application windows are very rare, and once lost, LPFM frequencies are often lost forever to commercial radio, so we recommend that cooperative MX approaches be considered first since they can produce more LPFM stations than when applicants try to kill each other with petitions.

    For example, an MX group has a 5-point and a 4-point applicant. In at least one situation, the 4-point applicant has no alternative frequencies available while the 5-point applicant has a good option. The default resolution would kill one applicant, while a cooperative solution where the 5-point applicant changes frequency, possibly suggested by and paid for by the 4-point applicant, results in two new LPFM stations.

    Some service providers think that aggressive competition best serves their clients, so you’ll have to ask explicitly if you wish to consider cooperative options.