FCC rescinds several LPFM grants in MS, FL, AL and SC

Wed, 03/12/2014 - 10:59

The FCC has recently rescinded (cancelled) the grants of fourteen LPFM construction permits in the southern states and returned those applications to pending status.  

An REC evaluation of these applications has shown that many of these applications contained information that may have been forged including siguatures, notary seals and articles of incorporation.  Some applications may have other issues such as incomplete party and NEPA compliance (radio frequency radiation worksheet) issues.

Since these applications have not been dismissed, they can still be amended.  Even if they are dismissed, a Petition for Reconsideration can be filed within 30 days of dismissal and a one time opportunity to correct defects can be made.  

RECnexus is offering to these applicants to review these applications and to file an amendment to the application in an attempt to restore the grant.  Our charge for this service is $350.  NO GUARANTEE OF FCC ACCEPTANCE IS IMPLIED. In other words, we will make the amendment in an attempt to restore the grant however, it is up to the FCC to make the final decision based on their policies. 

In order for REC to attempt to make an attempt to restore the grant, we will need ALL of the following:

  • Your CDBS and FRN account numbers and passwords.
  • For each party (board member) to the application (that was on the original application): We will need their full first and last names, their residential addresses, their titles within the organization, their percentage of votes on the board and the percentage of the assets of  the organization that they own/are liable for.  
  • An educational statement that must include the following:
    • Your organization's incorporation status including which state the organization was incorporated in and on what date.
    • What your organization does outside of broadcasting and what kind of educational outreach program does your organization have prior to broadcasting. (if your organization was not formed for the sole purpose of starting an educational radio service).
    • A statement of how the proposed LPFM station will help further your organization's educational program. 
    • If possible, a sampling of the types of local originated programming your proposed LPFM station plans to provide.
  • Evidence of corporation status with the Secretary of State/Corporation Commission for a state government.  Your corporation filing must have been filed and approved by the state agency PRIOR to the filing date of the original LPFM application.  This will include a copy of the articles of incorporation that your organization filed with the state, the state's certificate of incorporation or an abstract showing corporation status.  
  • If your organization is also a 501(c), a copy of your IRS letter.  (LPFM applicants are not required to be 501(c).) 

REC may ask for further documentation based on the exact nature of the application.  

Again, it is up to the FCC to make the final decision based on the information presented and in the event that the FCC does not reinstate the grant, there is no refund provided.  Fees paid to RECnexus are for our professional services and is not the guarantee of a grant.  FOR NOW: YOU ARE NOT ALLOWED TO CONTINUE CONSTRUCTION OR ANY ON-AIR OPERATION UNTIL THE FCC RE-GRANTS YOUR CONSTRUCTION PERMIT.  Doing so would be considered premature construction or unauthorized operation, the latter being a violation of Section 301 of the Communication Act which is normally punishable by a forfeiture of $10,000 per violation (on average).  

You are free to use any consultant to try to clear this issue or try to clear it yourself.  If you wish to use RECnexus for assistance, please call 1-844-REC-NEXUS to start the process.  

The following applicants have had their grants rescinded by the FCC:

  • WMFB-LP - Laurens Jehovah Church - Laurens, SC
  • WKBJ-LP - Selma Powerhouse Church - Selma, AL
  • WYQK-LP - Moore Education Project - Moore, SC
  • WZQI-LP - Colman 1st Church of Christ - Colman, FL
  • WWHC-LP - Cross Hill Women in Broadcasting - Cross Hill, SC
  • WATC-LP - Allen Temple AME Church - Belton, SC
  • 195595 - Washington Broadcast Educational Association - Leakesville, MS
  • 195587 - Washington Broadcast Educational Association - Leakesville, MS
  • 195158 - Edwards Educational Project - Ocala, FL
  • WXRU-LP - Elks Lodge #364 - Piedmont, SC
  • WLPQ-LP - Little Seads of Life Educational Foundation - Saluda, SC
  • 194992 - Cunningham Center for Education Association - Citra, FL
  • WZEA-LP - Rollins Education Assocaition - Lake City, FL
  • 192225 - Gainesville Seventh-Day Adventist Church - Gainesville, FL