REC Networks - Professional Services Terms and Conditions

Definition of Top 50 urban media markets

The following are the Top-50 media markets.  This list is subject to annual update by Nielsen Audio:

* - REC only considers the following Puerto Rico municipios as in the Top-50 urban market: Aguas Buenas, Aibonito, Barceloneta, Barranquitas, Bayamon, Caguas, Canovanas, Carolina, Catano, Cayey, Ceiba, Cieles, Cidra, Comerio, Corozal, Dorado, Fajardo, Florida, Guaynbo, Gurabo, Humacao, Juncos, Las Piedras, Loiza, Luquillo, Manati, Maunabo, Morovis, Naguabo, Naranjito, Orocovis, Rio Grande, San Juan, San Lorenzo, Toa Alta, Toa Baja, Trujillo Alto, Vega Alta, Vega Baja and Yabucoa.

Market premium rates apply where both of the following apply: (1) the service contour reaches the top-50 market area and (2) at least 50% of the population within the service contour is inside of an urbanized area (based on 2020 Census standards).

In markets ranked 51 or higher and in all non-metro market areas, the 100% rate applies at all tiers. 

Market premiums only apply to the base rate for a service.  Add-ons are always 100% of the rate card amount regardless of market.

Add-on Affected TV 6 Station

Applies on reserved band (88.1~91.9) applications which, in respect to Channel 6 TV broadcast stations: for LPFM, is considered as short-spaced pursuant to §73.825, or is within the distance to be an affected station pursuant to §73.525 for full-service FM stations or §74.1205 for FM translator stations.  Includes the various studies necessary to demonstrate compliance with those regulations.  This fee may be waived if client presents a letter of consent by the licensee of the affected Channel 6 station(s).

Add-on Community of License Change/Rulemaking

Applies to full-service commercial and NCE facilities that specify a change in the community of license.  In these cases, the proponent must make a showing that the proposed change is a preferred arrangement of allotments and may have to include establishing the qualification of the proposed community as a community for allotment purposes, a demonstration of population coverage to demonstrate no "white" or "gray" areas, a demonstration that the proposal will not result in a move-in to an urbanized area and "Tuck" related showings.

Add-on Directional Antenna

Applies in all cases where a directional antenna is proposed.

Add-on Fill-in Showing

Applies to FM Translator applications which propose fill-in service.  Demonstrates that the proposed facility's service contour is within the primary station's service contour or in the case of AM, inside the greater of the 2 mV/m daytime contour or 25 mile radius, whichever is greater in each direction.

Add-on Market Study in non-Nielsen Metro Areas

Applies to commercial applications in non-metro areas where a contour study is used to show attributable interests is used to demonstrate compliance with the §73.3555 ownership regulations.  Does not apply when the client provides a BIA study.

Add-on Mattoon Waiver Request

Applies for FM translator applications which are proposing to move to a location where there is no contour overlap between the licensed and proposed facility but is mutually exclusive with the licensed facility for the purpose of rebroadcasting an AM station and meets all of the other requirements of a Mattoon Waiver.

Add-on Move Exceeds 11.2 km

Applies when an LPFM station requests a site move that exceeds 11.2 kilometers.  Covers the contour study, pursuant to §73.870(a), which demonstrates that there is contour overlap between the licensed and proposed locations.

Add-on Raleigh Waiver

Applies when an existing facility requests an upgrade of service area which results in new or increased overlap of another station's interfering contour into the service contour of the proposed station and the presence of de minimis population within the overlapped area pursuant to Educational Information Corporation.

Add-on Radio Astronomy Notification

The lower fee applies to all engineering applications filed in Puerto Rico that require reporting to the Arecibo Observatory.  The higher fee applies to areas in the National Radio Quiet Zone to minimize interference to the National Radio Astronomy Observatory and the Naval Radio Research Laboratory.  This applies to all engineering applications in the area bounded by 39-15-0.4 to the north, 78-29-59.0 to the east, 37-30-0.4 to the south and 80-29-59.2 to the west.   This fee cover the processes necessary to contact and coordinate the proposed facility with the appropriate observatory.

Add-on Reduced Interference Study

Applies on LPFM and FM Translator channel change applications where the proposed channel is first-adjacent (+/- 200 kHz), second-adjacent (+/- 400 kHz), third-adjacent (+/- 600 kHz) or intermediate frequency (+/- 10.6 or 10.8 MHz).  Includes the technical showing that the station is currently receiving interference and for LPFM, the technical showing that the proposed channel will result in a decrease in interference.

Add-on Second/Third Adjacent Channel Waiver

Applies whenever the proposed LPFM facility does not meet the §73.807 minimum distance separation requirements for second-adjacent channel or for translator facilities, includes a prohibited overlap of second or third-adjacent channel contours pursuant to §74.1204(a) and a request for a waiver based on a showing of no interference is needed.

"Documents only" requests
Occasionally, we receive requests for just the exhibit documents so the applicant can file and follow up the application themselves.  REC normally only accepts "docs only" requests from known engineers, attorneys, consultants and advocates.  REC will accept docs only requests from others who have demonstrated their familiarity with FCC processes and demonstrated an acumen in the LMS application filing process.  Requests for docs only will be billed at 50% of the total rate including market-based premiums and add-ons, or $350, whichever is higher.  Docs only requests will not include any post grant filings such as license to cover and only limited application tracking will be provided. 

REC POLICIES

No refund policy
Broadcast applications filed are subject to grant at the discretion of the FCC following existing law, regulations, policies, and precedence.  Applications may also be subject to competition.  By using REC, you cannot be guaranteed a grant of the application as that action is at the discretion of the FCC and out of our control.  As such, REC will not provide any refunds in the event of applications that get dismissed or for any other reason.  It is REC's policy to not collect money unless we know that the application in grantable on its face.  Other factors, such as competing applications, information not disclosed to REC at the time of the transaction, informal objections and petitions to deny, interference claims and not constructing per the terms of the authorization may result in an application dismissal.  Also, for transaction types that normally involve include two applications (e.g. construction permit and license to cover), no portion of the fee is refundable if the client fails the to complete the tasks necessary for the second application of if they choose to do the second application themselves or through another entity.  REC may amend this policy to accommodate the special needs of certain filing windows.  Those modified policies will be disclosed in our service offering document.

Pre-pay policy
Services requested by entities, other than public sector entities and W-9 requests will require payment in advance of filing services.  While we may start preparation of materials prior to payment, no disclosure of those materials nor any filing may take place until payment is received.  REC may waive the pre-pay policy on a case by case basis depending on past relationships with the requesting entity.

Public sector entities and private sector entities needing a W-9 Form
Requests for these entities will be handled by Michelle Bradley, as an individual and not REC Networks as an unincorporated entity.  A purchase order is required.  Invoice will be issued after filing of the initial application and is due upon receipt.  Requests requiring a W-9 and/or a purchase order are subject to a base rate at 120% of what is shown on the rate card or the market premium rate, whichever is higher.  . 

Past REC clients
Certain application types are either REC fee waived or fee reduced. In addition, LPFM stations enjoy certain REC benefits such as extended features on the myLPFM.com portal.  To achieve this status, the facility must have a minimum of $350 in spend with REC.  Spend includes any fees paid as part of an invoice.  This includes voluntary tips. REC considers a tip a donation to the REC advocacy.  If a tip is added to an invoice, REC increases the amount of the invoice to include the cost of the tip and thus can be added to REC spend.  Voluntary donations that are received through the [Donate] buttons on the various REC websites or any money received by REC which is not directly related to an invoice cannot be considered as REC spend.  Spend history is per facility and does survive ownership changes through assignments.  Extending spend benefits past this policy (such as to commonly-owned stations) as at the discretion of REC.

Advocacy Requests
REC may reduce or waive fees in very specific situations where a significant benefit to REC Networks is determined.  Such arrangements include reduced or waived fees in exchange for specifically needed equipment, services or in exchange for free access to an HD subchannel (including HD4) for a period of at least 3 years.  Such arrangements must be pre-arranged and pre-approved by REC Networks.  REC may consider such arrangements when determining REC spend. 

Amendments and changes
Once an application is filed through REC and an amendment is requested to make significant changes, which may result in the need to produce all new exhibits, REC's fees for processing an significant amendment is 30% of the base rate (including market premiums) and 100% of the rate for any addons that are impacted as a result of the change.  Extremely small changes made through amendments may be fee waived at the discretion of REC. 

For applications that were originally handled by another party and are now being requested to amended by REC, we will "take over" the application.  In these cases, depending on the extent of the amendment, either 50% or 100% of the base rate (plus market premiums) may be charged as well as 100% of addon fees if any of these exhibits need to be changed to accommodate the amendment. 

Very minor amendments specifically requested by FCC Staff in order to move the application to a grantable state will, in most cases, not incur any additional REC fees.

Filing windows and auctions
This rate card applies only to existing licensed facilities and to original construction permits for Alaska Class D stations.  It does not apply to the construction of new facilities (other than Alaska Class D and FM boosters), nor a major change in an existing facility made during a filing window.  A separate rate card for each filing window or auction opportunity will be released in advance of the filing period.  Original construction permits for Alaska Class D stations is on the rate card.

Engineering Special Temporary Authority (STA) requests
REC does not have a card rate for engineering STAs. The nature of each request does vary.  In these cases, REC will determine a level of effort and associated rate, consistent with the level of effort pricing on this rate card.  Rates for engineering STAs are at the discretion of REC.

REC policy on pleadings
Pleadings can include filings such as Petitions to Deny, Informal Objections, Petitions for Reconsideration and Applications for Review as well as all responsive pleadings (i.e. Oppositions and Replies).  REC Networks has no practicing attorneys on staff.  We must decline any request from an applicant or another party to file a pleading of any type, especially in return for consideration as this would be considered practicing law without a license. 

REC can, on our own accord, file an Informal Objection and a responsive Reply in cases, where on the determination of REC, has a national impact of the broadcast service as a whole.  These types of pleadings would originate under the banner of REC Networks and cannot be requested by any other person.  REC cannot make any formal filings (such as Petitions to Deny, Petitions for Reconsideration or Applications for Review) as we do not have standing to make those types of pleadings. 

REC strongly recommends that when pleadings are necessary, that the services of a qualified attorney who specializes in Federal Communications Commission regulations and laws be retained.  REC can refer any person needing legal assistance to a qualified attorney.

Assignment applications – Asset Purchase Agreement policy
REC Networks has no practicing attorneys on staff.  Therefore, we are unable to draft and execute contracts such as an Asset Purchase Agreement (APA), which is commonly used in assignment of license applications.  While an APA in contract form is not required in an assignment application, the FCC does require information about the terms of the agreement including information on any consideration being offered by the proposed assignee as well as details of the nature of all tangible goods that are included in the transaction.  If such an agreement has been made, including verbal agreements, we can include this information in the application in lieu of a formal APA.  We do note that the FCC will not assign "bare licenses" (just the license and no other tangible goods). 

We also note that for the LPFM service only, the FCC limits the amount of consideration to that of the amount paid for any tangible goods that will be included in the transaction as well as any one time charges (such as construction) for any facilities that the proposed assignee will be able to enjoy as a part of the transaction.  For example, if the assignor paid $5,000 for a transmitter, they may receive $5,000 in consideration.  Likewise, if the transmitter was received as a donation, then it cannot be included in the consideration amount, but the equipment can still be included as a tangible good that can be used to satisfy the FCC's bare license policy. 

For unbuilt construction permits in the NCE service, consideration is limited to the reasonable and prudent costs already incurred by the proposed assignor. 

For applicants wishing to use an APA for their transaction, they should seek the services of an attorney who specializes in contract or FCC law.  REC can refer any person needing legal assistance to a qualified attorney.

EZ Forms
To assist in the application process, REC does offer a method for requesting REC to file the application.  Because we are asking some questions up front, this saves us time and costs and this is reflected through a slightly reduced base rate.  EZ Form rate quotes normally do not include market premium rates in their quotes.  The quote received from review and subsequent contact by REC after the EZform is filed will be the rate that will prevail. 

"The Advice is Free" policy
REC provides advice to broadcasters and potential broadcasters all the time through our websites, through email and live telephone conversation.  REC normally provides this information at no cost.  REC reserves the right to limit the information provided, especially in cases where providing such information would conflict with a paid service.  An example is channel availability.  While we may provide "yes/no" answers on availability, we may not always disclose channel numbers or maximum effective radiated powers.  Existing LPFM stations can also use exclusive resources such as myLPFM in order to obtain some information regarding available channels and move potential.

At REC, the advice is free. If you feel that it is worth more, please feel free to send us a donation.  Donations received through this method are not invoiced and therefore do not go towards a station's client spend amount.

Disaster Information Reporting System (DIRS) discount policy
During times of major disasters such as hurricanes and tornadoes, the FCC may activate the DIRS system.  DIRS will be activated and subsequently deactivated on a per-county basis.  Licensees in a county that has been activated is encouraged to make a daily report to DIRS regarding their station condition.  For broadcast stations physically located in DIRS activated counties, REC provides discounted services for special temporary authority, silent notifications and subsequent resumption of operations.  For REC Clients with a $350 minimum spend that are located in a DIRS activated county, REC's assistance in silent related activity is fee waived.  Stations located in counties that were not activated in DIRS are charged in accordance with the Rate Card.

Payment policy
With the exception of purchase orders by public sector and select private sector applicants, REC will send an invoice using PayPal as the service provider.  The station is not required to have a PayPal account.  The system will accept a major credit or debit card as well as PayPal balance for payment. 

Those who wish to pay by check, as well as all payments that involve purchase orders, must make their check payable to "Michelle Bradley" (do not make it out to REC) and then mail it to:
Michelle Bradley
11541 Riverton Wharf Rd.
Mardela Springs, MD 21837

FCC Fees
Commercial applicants are responsible for paying any FCC federal application fees that apply.  REC's fees do not include the FCC filing fees and REC is unable to pay your fees on your behalf.  We will provide information on how to pay a fee if one is necessary.  LPFM and NCE stations are not charged application fees by the FCC.  As of May 1, 2023, the current fees paid to the government for commercial broadcast applications are as follows:

Full-service FM