PRC notes

Notes on phone meetings, as I wrote it .. could be incoherent.

Can settle inside or outside the window.
The January date is not firm.
Window that is not a window???

If you can settle, do it. – expedited service – could issue CP in January.

They are concentrating on small MX groups – 4 or less.
If in small group, pressure the engineer and attorney.

Can move +/- 3 channels.

How to convince them to withdraw?
In the past – “Green mail” – not allowed. – Payments are limited to documented expenses.
Finding flaws – some people seem to be dwelling on details like public notice. That's a minor one.

No petitions to deny yet. There will be a 30 day protest period. File it then.

FCC will not entertain petitions until after they have made a selection. Do not file petition now.

Gather deficiencies, use as negotiation,

What can we do to modify?

Don't bother with trivial amendments. Only do significant mods, and save them to do all at once.

Find problems – document and keep secret.

Applications have been dismissed for violating the 2 db in 10 degrees rule.
This trick has become popular in this batch of applications. It used to be almost never used.
Real pattern vs. filed pattern..
The patterns can be different. The real pattern must fill 85% of the filed pattern.
In some cases they will accept a violation of the 2 db in 10 degrees rule, but not to protect another domestic station.

A state university is considered to be local to the entire state. — “state wide network”

What to guard against ..
legal (proper organization)
tech
financially qualified

flags:

board member bankrupt
behind on rent
funky cost estimate
keeping in touch with land and tower owner

“Layer Cake” structure
Get a local church to apply, but the local church doesn't know.

Off the books negotiation is illegal. Grounds for dismissal.

307b (first coverage) – takes priority over points
To be valid, must be at least 10% of population in proposal, and over 2000.
Need a difference of 5000 to matter. Smaller difference is considered equal.
They are seeing a lot of applications defective in this.
Gather info, use in negotiations.

could be years before FCC decision.

#2

Reference : recnet site http://recnet.com Quick check of MX .. based on mileage

Possibility: merger with another applicant

What they want in settlement agreement:

Explain what we want
Copy of settlement agreement
Affidavit from each party
- explain why it is in public interest
- application wasn't filed for purpose of resale
- no pay more than expenses
- nature of consideration
- itemize all expenses

Probably need legal help with agreement
Rules are different from old:

no pay more than expenses
allowing partial settlements

No notary is required. Need affidavit under penalty of purgery.

Terms could include:

cash (up to …)
non-cash – party agrees to include some programs from withdrawing party for a number of years.
time brokerage agreement
make clear that the ultimate discression is with licensee.

Settlements before Jan 7 will be very fast.
FCC will not extend deadline
will not issue MX list
Opportunity could be taken away by another applicant who does it first.
Have a sense of our/their strengths and weaknesses (point system)
Don't count on petitions to deny.
FCC will not entertain petitions to deny until after point system

end John, begin Michael

Steps:

get definitive MX list
put together spreadsheets .. 307b and points
- Michael created a spreadsheet for this, email to Irene to get it.
conference call

If in second place: – we can hold it over them – early settlement vs. wait for years.

They are doing engineering study & proposed joint settlement outline.

always need engineer and attorney
don't know cost
usually paid by the hour
Be prepared to spend money
Engineer needs up to date database. Things are changing very fast.
There is a link to the FCC notice on brownbroadcast.com

Interference ..

Co-channel - 60 db (protected) and 40 db (interfering) contours cannot overlap
1st adjacent - 54 and 60 cannot overlap
Might be able to amend later to accept some interference
has accepted some with 2nd adjacent interference received
common example is to null around 100 dbu contour then file for 2nd adjacent waiver

Channel 6

Using rules at time of decision
if not protecting channel 6, probably they will hold application

Fake applications - some have been dismissed

Canada

509 rule considers only domestic (????)
seen several filings that completely ignored interference received from Canada

Local ownership

Applicant not the real applicant??
Burden on you to prove.

Links to dismissals

no list
go to cdbs, search for app status “dismissed”