Statistics from the 2013 LPFM filing window

Group Filings

During this filing window, REC has observed various “group filings” that were done by common attorneys and engineers for “local” organizations within the communities the LPFM stations were being proposed in.  In some cases, we saw situations where the applications were intended for the use of national networks while in other cases, there was the appearance of pure speculation and the potential for unauthorized transfers/sales of the facilities.   Out of 2,803 applications filed in the 2013 window, 398 (19%) of these applications originated from 7 different sources.  This includes:

• Hispanic Christian Community Network/Antonio Cesar Guel (226),
• Eternal Word Television Network (85),
• New Tang Dynasty aka Sound of Hope (25),
• Seventh Day Adventist Church/3 Angels Broadcasting Network (25) and
• Three regional speculators (39).

Informal Objections and Petitions to Deny

Out of the 2,803 applications for new construction permits filed in the 2013 Window, 485 applications had either an Informal Objection or a Petition to Deny filed against the grant of the application.  Most notable of those objections is the REC originated Informal Objection filed against 246 applications that specified Antonio Cesar Guel (“Guel”) as the application certifier.  In addition to REC, the Guel-assisted applications also had objections from other LPFM advocates, competing LPFM applicants and other individuals residing near the proposed stations.  Of the remaining 239 facilities that had objections, there was a total 369 initial filings of informal objections and petitions to deny meaning on average, every other LPFM application with objections had at least two objections filed.  Of that 369, the Audio Division has statused 72 as denied, 77 as dismissed and 43 as granted.  The remaining 177 are either still pending or they were not specifically marked with a status but were still decided or, there was another pleading that was decided on for that facility or the applicant voluntarily dismissed their application. Following the close of the 2013 LPFM window, informal objections and petitions to deny (“objections’) were filed by different types of entities.  Other than the informal objections filed by REC and others against the Guel applications of which some are still pending as well as other pending applications, objections were filed by:

• LPFM applicants that are MX to the application being objected to (33.5%)
• LPFM advocacy groups such as REC and Prometheus Radio Project (15.1%)
• Individuals (14.7%)
• Other LPFM stations and applicants other than mutually exclusive applicants (13.3%)
• Short-spaced full-power stations on second adjacent channels (11.5%)
• Full power FM broadcast stations (7.3%)
• Licensees and permittees of FM translators (4.6%)

The primary issues in these objections can be categorized as follows:

• Questioning the overall qualifications of the applicant (26.7%)
• Questioning the applicant’s corporate status (20.8%)
• MX related: challenging points, alleging collusion, etc. (14.3%)
• Interference to second adjacent channel stations (12.4%)
• Co-channel interference (6.9%)
• Site assurance and zoning issues (6.4%)
• Alleging unlicensed broadcasting (2.5%)
• Environment impact issues (2.0%)
• Interference to a translator’s input signal (1.5%)
• Inconsistent application, party on more than one application (1.5%)
• Questioning the localism of the organization (1.5%)
• Questioning the applicant’s educational statement/programming choices (1.0%)
• Questioning applicant’s public safety status (1.0%)
• Interference to radio reading services (1.0%)
• Questioning the quality of the engineering (0.5%)