Terms and Conditions

REC Networks - Third Generation LPFM Filing Window Offering: Terms and Conditions  (Updated July 22, 2023)

Introduction

These terms and conditions apply to the third-generation LPFM filing window.  The first-generation window series was in 2000 and 2001; and the second-generation window series was in 2013.  As of September 6, 2022, the FCC had not yet announced the dates for the third-generation LPFM window, but as the FCC had stated in the Order on Reconsideration in MB Docket 19-193 in June, 2021 at paragraph 15, that "a new LPFM filing window is expected after the recently announced full service noncommercial FM station filing window".  The Full-service NCE filing window was conducted in November 2021 and the FCC is continuing to conduct comparative reviews of mutually exclusive (competing) applicants.  REC is speculating that the LPFM window will be announced in 4Q 2022 or 1Q 2023 for and may take place in 2Q 2023 or 3Q 2023.  All information about the timing of future windows are purely speculative until the time when the FCC makes a formal announcement.

Window Eligibility

This FCC filing window is for established nonprofit educational organizations and institutions that are currently not the licensee of any other broadcast station to be able to apply for a new LPFM station. Existing LPFM stations needing to make a major change (a move more than 7 miles and/or a change in channel other than an adjacent channel absent the showing of reduced interference) may also file in the window to modify their station. LPFM stations that are educational organizations or institutions may not apply for another LPFM station. Existing LPFM licensees as well as any requests from government agencies or tribal entities should not use this form, but instead, should contact REC Networks directly at 202 621-2355.

Individuals and for-profit corporations are not eligible to hold authorizations in the LPFM service. Potential LPFM licensees must be registered in any state through their Secretary of State (or equivalent) as a nonprofit organization and maintain an active status through the filing window process and during the life of the station.

Stages of the Application Filing Process

The REC process for handling original construction permit applications goes through five stages with two points where payment is made:

Show of Interest Form policy

By using the Show of Interest Form system, you will answer a series of questions in plain English. Once you finish the form, the information will be transmitted to REC Networks. REC will contact you via e-mail with more information.

This form is a show of interest only. There are NO fees associated with this show of interest form. REC will advise of fees if you wish to proceed. Standard rates for filings in this window are published on our Rate Card specific for this window. Rates for services and requests not specifically covered by the Rate Card will be quoted and charged in a manner consistent with REC's normal 'level of effort' approach. REC does not disclose the actual available channels available unless the organization is in a client relationship with us. 

Show of Interest Requests received on or after September 1 will only be accepted from educational nonprofit entities that are incorporated and are in good standing as well as from public sector entities such as local, county, district, state and tribal governments and public educational institutions.

Fee Structure & Methods of Payment

Even though we use PayPal, you do not need a PayPal account, only a major credit or debit card. REC requires payment in advance prior to filing. Fees will be based on a 'level of effort' depending on the complexity of the request. REC will also allow for check payment.  Checks must be payable to "Michelle Bradley".  Check payment will result in a delay in processing.  A returned check that is not immediately made good through electronic payment will exclude the organization from REC services, including the forfeiture of any deposits made.  There is a $35 fee on any returned check that must be paid electronically (as well as funds for the services) prior to REC services resuming.

Fees for REC paid services are non-refundable. Applicants are responsible for assuring that the information provided to REC is accurate. Requested changes after FCC filings or a specific date subsequently announced by REC may incur additional charges.  All payments must be made up front prior to a date announced by REC or the first day of the filing window if no specific payment due date is announced.  While not obligated to, REC may prepare exhibits in advance of full payment, but will not release those exhibits or "stage" any portion of a broadcast application until payment in full has been received.  Post pay invoices and W9s are only available to public sector and pre-approved private sector clients with a considerable payment history with REC.

Advance Payment/Client Relationship

To secure REC services for your area, an advance payment is necessary.  This advance payment provides the following:

• Full access to the REC client portal where potential applicants can monitor the progress of their application through the REC processes.
• Access to an LPFM Channel Search Tool that provides unfiltered information for any location within 10 miles (16.1 km) of the site originally provided in the Show of Interest Form to allow the potential applicant to view other sites that may be available.  Government and tribal applicants may be eligible for a larger search area depending on the size of their jurisdiction. 
• Market exclusivity for REC services pursuant to our Conflict of Interest Policy.

The advance payment amount required is dependent on when the advance payment is made:

• $200 if made prior to the date when the FCC releases a Public Notice announcing the dates for the filing window.
• $300 if made on or after the date when the FCC releases a Public Notice announcing the dates for the filing window.
• $800 if made during the dates that the FCC had announced by Public Notice that a filing freeze is in effect. 

Advance payments are not an additional charge, but instead are applied directly to the overall price quote for REC services.

Advance payments are final and are not refundable.  In addition, any payment made up and above the advance payment made prior to a full rate quote determination are also not refundable.

Advance payments are not refundable if the FCC decides not to hold an LPFM filing window of if the LPFM filing window is cancelled or delayed.  If previously announced filing window dates are postponed by the FCC, your request will remain active with REC.

Capacity Restrictions

REC reserves the right to limit the number of applications we will accept for the window based on our overall capacity limitations and if a freeze is in effect, to announce a "window" for new requests to receive services in the filing window.

Statement of Risk

REC is not responsible for the outcome of your application with the FCC. Due to the competitive nature of filing windows and the dynamics of the FM broadcast spectrum, there is a risk that your application may not be granted. By using REC services, you understand this risk common with filing windows for new broadcast stations. REC provides no refunds (full or partial) on mutually exclusive (MX) applications that are unsuccessful in the MX comparative review process.

Until the FCC releases a Public Notice officially announcing an LPFM filing window, any activity prior to that time is purely speculative.  While advance planning is prudent, prospective applicants do so at their own risk.

Compliance with FCC Rules

The applicant is responsible for following all FCC rules and policies including maintenance of corporate status during the application process and assuring that the request complies with the FCC rules. Any kind of services related to initiating or responding to informal objections, petitions to deny or petitions for reconsideration are not included. In the event that an objection is made against the application, it would be best for you to obtain the services of a qualified attorney. REC can answer basic questions that do not construe legal advice and we can refer you to a LPFM friendly attorney who can assist in defending the objection.

Clients should familiarize themselves with Part 73 of the FCC Rules, especially subparts G & H.

Clients are responsible for obtaining assurance for the site proposed on the original application and must provide a contact name and telephone number of the property owner or their authorized representative. Clients proposing new towers of over 200 feet or within the glide slope of airports may require an antenna structure registration.  REC does not provide antenna structure registration services. 

Applicants must have at the time of filing, their articles of incorporation as a non-profit corporation filed with any state.  Unincorporated associations require a statement from an attorney detailing the state unincorporated association law and how the applicant qualifies as an unincorporated association (REC highly discourages taking the unincorporated association route as they are rarely successful).  Applicants are responsible for keeping their corporate status current (through filing annual reports through the state) otherwise an application can be dismissed by the FCC due to a lapse in corporate status. The FCC highly frowns on unincorporated associations and they are not recommended.  These organizations must obtain FCC Registration Number or they can provide REC with their Employer Identification Number (EIN) or Taxpayer Identification Number (TIN) and a FRN will be applied for.  The FRN must match the name of the corporation.  The FCC will not license NCE stations to for-profit corporations, LLCs, partnerships or individuals.  

Applicants must provide their FRN password to REC for application handling.  For new organizations without an FRN, we can assist in getting a password through the FCC's CORES system.  We will need further identification information such as the organization’s employer identification number (EIN).

Individual board members must be identified and that each board member must not have any adverse actions that would need to be considered to be eligible for an FCC licensee.  This includes previous felony arrests or convictions in the past 10 years and any situations where the FCC has previously determined on a previous FCC proceeding that a certain party must disclose a prior adverse action by the FCC.  Board members who are currently under a denial of benefits under the U.S. Anti-Drug Act are prohibited from being a party to any FCC license. If a board member is denied student loans because of a previous drug conviction, this is the same thing.

Stations for this filing window are noncommercial educational. The use of the station for for-profit purposes including the sale of commercials is not permitted pursuant to 47 USC §399b and 47 CFR §73.503.  If you were hoping to make a profit from this station, then this is not the appropriate radio service to apply for.

Exclusions

Clients (applicants) are responsible for the following:

• Obtaining and maintaining state corporate status for their organization.
• Identifying the proposed transmitter site including negotiating with a tower site owner or manager, or if they are building at their own site, assuring that all zoning and land use permits are in order.
• Antenna structure registrations when applicable.
• For stations located on or near AM broadcast stations, any tests or FCC applications necessary to be filed by the impacted AM stations.  REC will advise in cases where AM stations must be notified. 
• Negotiations with mutually exclusive applicants to work out time sharing agreements, settlement agreements or negotiate modifications.
• Negotiations with channel 6 stations to waive interference rules (LPFM applicants on 88.1~91.9 MHz only).
• Obtaining broadcast equipment (including an FCC certified transmitter and EAS decoder) and construction of broadcast facility.
• Adherence to Commission rules after the station is constructed including rules regarding license renewals.
• Obtaining legal counsel to address Informal Objections, Petitions to Deny, FCC Letter of Inquiry or to address the applicant's status as an unincorporated association.

General Release of Liability

REC/Michelle Bradley’s liability is limited to these terms and is limited solely to the funds paid.  By using REC services, you waive your rights to seek relief above and beyond the amounts paid, including consequential damages.

Conflict of Interest Policy

Educational organizations and institutions

Our general policy is that any request that we receive that is located within 24 kilometers of a client of REC who has already made, at the minimum, the advance payment would be considered a potential COI, subject to additional review and subject to rejection if a pure COI exists.

Potential COI will be indicated to a user when they use LPFM.app to search a location that is within 24 km of another REC client who has made an advance payment. 

During the process, location that determines the COI area is first based on the original location searched to fill out the Show of Interest form.  Once a potential applicant completes Stage 3 of the window process (where they have settled on their location, channel and other technical parameters), we move the center of the COI to that location. 

If a COI request is received, we will then need to determine the location where the new request is and compare it to the location where the existing client is at.  This involves checking channel availability at both locations.  If it can be clearly shown that there is no conflicts between the channels available at the paid client's location and the proposed client's location, then we may permit the COI to come in.  If the subsequent request comes from near the same area as the existing client, we will only let it move forward if there are at least four available channels of similar characteristics (such as 4 channels that do not require a second-adjacent waiver).  

Based on the nature of the spectrum in the area of the existing paid client, REC has the discretion to completely block additional requests for the 24 km area in LPFM.app.  This will mean that even though a result may come back that there may be availability, LPFM.app will not accept a Show of Interest form from the subsequent requester.  

We do note that window applicants that agree to or originally intended to reach a time share agreement may mutually agree to the COI placement, and if so, will be an exception to the COI policy. 

Government public safety applicants

Government public safety potential applicants only proposing one LPFM facility will be protected under the same policy shown above for educational organizations and institutions.   

Government public safety applicants proposing more than one LPFM facility will have their designated "priority application" protected under the same policy shown above for educational organizations and institutions.  Any additional applications will not receive any conflict of interest applications.  Pursuant to the FCC Rules, mutually exclusive government public safety applications other than the one designated as the priority application are subject to dismissal if determined to be mutually exclusive.  

Tribal applicants

Tribal applicants will by protected under the same policy shown above for educational organizations and institutions for up to two locations that they seek to file applications for.  Tribal applicants may file two applications within the 24 km protection area.  Tribal applicants may waive these protections in order to assist neighboring tribes also seeking stations through REC.  

In all three of the above scenarios, protection starts upon receipt of the Advance Payment.

LPFM Channel Search Tool access only

Any organization wishing only access to the LPFM Channel Search Tool for their area with the sole intention of self-filing and not using REC's services beyond that of the LPFM Channel Search Tool will be permitted to make the advance payment amount as payment in full, just for Search Tool access without regard to the Conflict of Interest protections.  Those organizations will not be eligible to request at a later time to pay the full amount for REC application handling unless the conflict is subsequently eliminated.

Refund Policy

Advance payments made to REC are not refundable as the Channel Search Tool access is provided upon that payment.  Any payment made to REC before a full price quote is made, up and above the advance payment is not refundable and will be considered a donation to REC's efforts (payments made up and above the advance payment will be applied towards the overall rate quote, if one is made).  

If, after a rate quote is provided and fees are paid up and above the original advance payment, those fees are subject to a refund if prior to the date that the FCC announces a filing freeze and provides a "cut off" for full-service protections, it is determined that a modification filed by a full-service, FM translator or LPFM facility results in the only opportunities previously determined as being available are no longer available and the applicant is unable to find an alternate site where an LPFM application can be filed.  The refund amount will be limited to the amount paid up and above the advance payment and any additional monies received prior to REC providing a rate quote. 

Any payments that are made to REC on or after the date announced by FCC Public Notice for which a filing freeze and "cut off" date for full-service station protections are not refundable. 

No refunds are provided if the applicant fails to construct a granted facility within the FCC prescribed construction period, requests any pending application to be cancelled or requests their granted construction permit or license to be cancelled.

Exceptions to the refund policy for FCC initiated decisions are detailed below.

Refunds Based on FCC Decisions

Even though the FCC has stated on the record that they plan an LPFM filing window after the (2021) noncommercial educational FM filing window, if the FCC decides not to hold an LPFM window at all, there is no refund of the advance payment.  If the FCC does subsequently decide to hold a filing window, then the advance payment amount will apply to that window.

If the FCC releases a Public Notice to announce the dates of a filing window and then decides to completely cancel it, there will be no refund of the advance payment.  If the advance payment was already made and then a rate was quoted by REC, the client has the option to cancel their request and receive a refund for all monies other than what was submitted as the advance payment. 

If the FCC releases a Public Notice to announce the dates of a filing window and then postpones the window to a different set of dates, whether or not those dates are announced at the time of  postponement, or in a subsequent Public Notice, there will be no refund of the advance payment. If the advance payment was already made and then a rate was quoted by REC, the client has the option to cancel their request and receive a refund for all monies other than what was submitted as the advance payment. 

Advance payments from cancelled or postponed filing windows may be applied towards future filing windows. 

No refunds are provided in cases where the FCC dismisses the applicant's original, modification or license application for any reason. 

Service Provider

Services are provided by Michelle A. Bradley, CBT, an individual doing business as REC Networks.