April 2018 – Cavell, Mertz & Associates, Inc.

FCC announces a 90-day window for broadcast stations to resolve mutual exclusivity

The Media Bureau and Incentive Auction Task Force announced a

90-day period ending July 30, 2018, for the full power and Class A broadcast station applicants listed in Appendix A to resolve their mutual exclusivity by proposing a technical solution or settlement. See Public Notice and Appendix A for full details.

FCC Considers Expanding Flexible Use Of The 3.7 GHZ To 4.2 GHZ Band

The FCC established GN Docket No. 18-122,“Expanding Flexible Use of the 3.7 GHz to 4.2 GHz Band.” The FCC is encouraging parties that submit filings related to the potential for more intensive use of the 3.7-4.2 GHz Band to submit those filings in this docket.

FCC Opens Docket Regarding Rules For Posting Of Station Licenses

The Media Bureau opens MB Docket No. 18-121, which is captioned “Amendment of Parts 0, 1, 5, 73, and 74 of the Commission’s Rules Regarding Posting of Station Licenses and Related Information.”

Ex Parte Rules. Presentations are subject to “permit-but-disclose”ex parte rules. See 47 C.F.R. §§ 1.1206, 1.1200(a). Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules.

Media Bureau Opens Docket Regarding Commission’s Rules For FM Translator Interference

The Media Bureau opens MB Docket No. 18-119, which is captioned “Amendment of Part 74 of the Commission’s Rules Regarding FM Translator Interference.”

Ex Parte Rules. Presentations are subject to “permit-but-disclose” ex parte

rules. See §§ 47 C.F.R. 1.1206, 1.1200(a). Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules.

Temporary Freeze On Satellite Earth & Fixed Microwave Station Applications

TEMPORARY FREEZE ON APPLICATIONS FOR NEW OR MODIFIED FIXED

SATELLITE SERVICE EARTH STATIONS AND FIXED MICROWAVE STATIONS

IN THE 3.7-4.2 GHz BAND.

90-DAY WINDOW TO FILE APPLICATIONS FOR EARTH STATIONS CURRENTLY OPERATING IN 3.7-4.2 GHz BAND

The FCC announced a temporary freeze effective on April 19, 2018, on the filing of new or modification applications for fixed-satellite service (FSS) earth station licenses, receive-only earth station registrations, and fixed microwave licenses in the 3.7-4.2 GHz frequency band. The purpose of this freeze is to preserve the current landscape of authorized operations in the 3.7-4.2 GHz band pending Commission action as part of its ongoing inquiry into the possibility of permitting mobile broadband use and more intensive fixed use of the band.

As a limited exception to the freeze, the International Bureau concurrently opens a 90-day window during which entities that own or operate existing FSS earth stations in the 3.7-4.2 GHz band may file an application to register or license the earth station if it is currently not registered or licensed, or may file an application to modify a current registration or license, in the International Bureau Filing System (IBFS). This 90-day window will also provide the Commission and commenters with more accurate information about existing earth stations, which will inform the Commission’s pending inquiry addressing new opportunities for use of this band.

Media Bureau Announces Additional $742 Million Post-Auction Repack Funds For Eligible Broadcasters

The FCC announced the issuance of a further allocation of the TV Broadcaster Relocation Fund in the amount of $742 million to reimburse eligible full power and Class A broadcasters and multichannel video programming distributors (MVPDs) for expenses related to the construction of station facilities on reassigned television channels. With this further allocation, Eligible Entities have access to a total of $1.742 billion. This represents approximately 92.5 percent of their currently verified cost estimates, but the FCC stressed that individual invoices that are approved for payment are being paid in full (i.e. 100 percent), up to the total amount of the station or MVPD’s allocation.

Settlement Period Announced For Cross-Service FM Translator Mutually Exclusive Applications For Auction 100

Technical Amendments and Settlement Agreements Due by June 14, 2018

The FCC identify all proposals for new FM translators filed in the January 25–January 31, 2018, filing window (Auction 100)
that are mutually exclusive with other proposals submitted in the filing window, and announce a limited period for those applicants to enter into settlement agreements or otherwise resolve their mutual exclusivities by means of engineering solutions. This limited settlement period will begin immediately and end on June 14, 2018. Parties seeking to resolve mutual exclusivities must file a technical resolution amendment or a joint request for approval of their settlement agreement between May 24–June 14, 2018 and otherwise comply with the terms of the public notice.