FCC upholds dismissal of LPFM applicant denied for pirate operations.

The FCC has issued a Memorandum Opinion and Order which denies the Application for Review that was filed by WKMJ Radio Live The People Station, Inc. WKMJ applied for an LPFM construction permit during the 2013 LPFM filing window for Pinellas Park, Florida.

For the backstory, see: FCC denies LPFM application for pirate operations (opens new window)

In the Application for Review, WKMJ states that were not "afforded due process" to address the allegations of radio piracy which WKMJ contended was based on an "unsworn police report" from the Pinellas Park Police Department. In that case, the prosecutor did not seek any charges and the local criminal case was dropped. In addition, a Notice of Unauthorized Operation (NOUO) was issued by the field Enforcement Bureau of the FCC stating that the party to the application was engaging in activity in violation of Section 301 of the Communications Act.

FCC opens restricted FM translator filing window for non-commercial MX (2003 Window) applicants

On November 16, 2015, the FCC opened a filing window for 69 non-commercial educational (NCE) translator applications filed during the 2003 Auction 83 "Great Translator Invasion" window which remain mutually exclusive.

These 69 applicants must file a full Form 349 including section IV for Point System Factors.

The 69 applicants, divided into 31 groups will have until December 16, 2015 where they can make "minor" changes to their applications.  Any major changes, new conflicts or new mutually exclusitivity will result in dismissal with no opportunity to amend. 

MX applicants are in Alaska, Arizona, California, Florida, Illinois, Indiana, Iowa, Kentucky, Michigan, Missouri, North Carolina, Oregon, Tennessee, Texas, Utah and Virginia.  Most groups are two applicants.  One group spanning Indiana and Kentucky has 4 applicants. 

Applications will be accepted first-come, first-served.  There is no application freeze for LPFM.

If mutual exclusitivity remains after December 16, 2015, a point system will be used.  7 total points are possible:

REC Statement: Prison collect calls and deceptive calling card marketing practices

REC applauds the Commission on their decision today that provides relief to families who receive collect calls from correctional institutions.  In some cases, families have been billed as much as $14 per minute for phone calls.  Today's decision will provide the families the relief they deserve from the predatory and captive marketing of non-competitive telecommunications service providers. 

In six separate decisions, the Commission also levied $30 million in fines towards calling card providers for deceptive marketing practices.  These cards are used mainly by low income immigrants for making international phone calls.  While the Republican commissioners (Pai and O'Rielly) dissented, a majority of the Commission did the right thing.  Fees for services must be clearly disclosed and not relegated to small print.  

REC supports efforts to eliminate "captive audience" and decepting marketing schemes by telecom providers.

10/7 REC Statement: MX Group #27

REC Networks has asked for a withdrawal of our remaining informal objections in this MX group.  We are satisfied with the progression of negotiations between applicants which can lead to the most effective use of 101.5 in Los Angeles.

REC calls upon the Commission to be flexible due to the unique topography of Southern California, the wide area of where applicants are located and the number of applicants in this uniquely large group. 

REC has faith that the people of Southern California will be the overall winners knowing that when they turn on 101.5, they will be treated to some of radio's most diverse programming. 

REC will remain involved in the negotiations and offers our services at no charge to all MX27 applicants. 


9/29 REC Statement: MX Group #27

Today, REC makes filings with the FCC that will help pave the way for a possible settlement in Los Angeles MX Group #27.   We are withdrawing all Informal Objections against four applicants, National Hispanic Media Coalition, Catalyst Long Beach, Prism Church of Los Angeles and Boyle Heights Art Conservatory. 

As we make these withdrawals, we also strengthen our objections against the gamesmanship that has taken place in this group by several applicants.  

With these four applicants along with the four MegaGroup applicants, we do feel that we can reach an agreement that the FCC will agree with even if it takes waivers.  The FCC also needs to come to bat and deal with the issues. 

If the FCC will take action on the Cesar Guel applications in Los Angeles, we can bring more applicants on board (and I am willing to work with the issues related to gamesmanship).  

Let's try to make this work.