FAQ: If an MX group includes applicants more than 24 km away and two 5-point applicants within 24 km of each other aggregates points, can a 5-point applicant more than 24 km still be granted since their operation is now outside of the MX group?

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Map of stations demonstrating that the following stations are less than 24 km apart: A to B, A to E, B to E, E to C, E to D and C to D.

In the map example, what if stations "C" and "D" were to reach a time share and aggregate. What would happen to "A", despite them being more than 24 km from "C" and "D"?

If "C" and "D" aggregated points and did not include "A", "A" will be dismissed just for being in the same group.  This is considered a secondary grantable application.  The FCC's current policy does not allow for secondary grantable applications in MX group.  This is a policy that REC does not agree with.

To prevent this from happening in the first place, "A" should be involved with a time share agreement involving "C" and "D". A version of the time share agreement should be submitted giving "A", "C" and "D" each their own distinct non-overlapping times. Once the dismisals of "B" and "E" are final, then "A" can request 24x7 while "C" and "D" can enter into an acceptable time share agreement. "A" would not need "C" and "D"'s permission to break away.

Topics: 
LPFM during the filing window
Answer Date: 
Thursday, May 14, 2015