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FCC Rulemaking on
Competing Noncommercial Applications
FCC Offers Limited Opportunity for Settlement of MX Situations
Overview of Final FCC MX Decision (March 2001)
Overview of Initial FCC MX Decision (June 2000)
SRG's Petition for Reconsideration (July 2000)
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Background
When two or more parties apply to the Federal Communications
Commission for the same broadcast spectrum, the applications are
called "mutually exclusive" -- MX for short. For decades, these
mutually exclusive situations have tied up commercial and
noncommercial applicants in agonizingly protracted stalemates. The
FCC has generally taken a hands-off approach, leaving applicants
paralyzed for years. Some are addressed by the applicants
themselves, with parties dropping out with the passage or time or
buying out the competition. Others simply drag on, with applicants
incapable of finding common ground for resolution.
This frustrating situation has affected a growing number of public radio licensees
and applicants. Matters only worsened in recent years as it
became common practice for some organizations to file competing
applications on top of any applicant seeking unused spectrum. SRG
has viewed the situation as a growing problem -- a serious
impediment to members' efforts to extend their public service with
expanded delivery capacity.
In 1998, the FCC issued a Notice of Proposed Rulemaking to evaluate mechanisms to resolve MX situations
among noncommercial, educational broadcasters. SRG submitted
extensive comments in the proceeding in October 1998 and again in
March 1999.
The FCC announced its initial decision in this proceeding through a Report
and Order in the Federal Register on June 8, 2000. SRG members have good cause to celebrate some of
the FCC's findings. Many of our recommendations were adopted.
As is usually the case in these proceedings, several parties filed Petitions
for reconsideration seeking to change or fine-tune various elements of the
FCC decision. SRG filed its own Petition July 10, 2000.
The FCC issued its final order February 28, 2001.
Copyright 2001 Station Resouce Group. All Rights Reserved.
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