[Federal Register Volume 85, Number 110 (Monday, June 8, 2020)]
[Notices]
[Pages 35085-35086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12282]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 20-576]


Media Bureau Announces Settlement Opportunity for Mutually 
Exclusive Low Power Television and TV Translator Applications--June 1, 
2020-July 31, 2020

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: The Media Bureau has pending before it the mutually exclusive 
applications for new or modified digital low power television and 
television translator stations (LPTV/translator stations) listed in the 
Appendix to this Public Notice. Parties with applications in the 
mutually exclusive groups listed in the Appendix may resolve their 
mutual exclusivity by unilateral engineering amendment, legal 
settlement, or engineering settlement during a settlement period 
beginning today, June 1, 2020 and ending at 11:59 p.m. ET, July 31, 
2020.

DATES: The settlement period will open June 1, 2020 and close on July 
31, 2020 at 11:59 p.m. ET.

FOR FURTHER INFORMATION CONTACT: Mark Colombo (technical questions), 
[email protected], (202) 418-7611, or Shaun Maher (legal questions), 
[email protected], (202) 418-2324, of the Video Division, Media 
Bureau.

SUPPLEMENTARY INFORMATION: The applications listed in the Appendix to 
the Public Notice are subject to the Commission's competitive bidding 
procedures unless their mutual exclusivity is resolved. The Media 
Bureau will withhold further action on the mutually exclusive 
applications listed in the Appendix pending submission of settlement 
agreements or engineering amendments to resolve mutual exclusivity 
prior to the close of the settlement period.
    Unilateral Engineering Amendments. Applicants may resolve their 
mutual exclusivity by filing an engineering amendment to their 
application. An amendment that does not implicate the application of 
another station may be filed by the station during the settlement 
period without coordination with any other entity. All such amendments 
must be submitted by filing an amended FCC Form 2100--Schedule C in the 
Media Bureau's Licensing and Management System (LMS) by 11:59 p.m. ET 
on July 31, 2020. Engineering amendments submitted by applicants to 
unilaterally resolve their mutual exclusivity must be minor, as defined 
by the applicable rules, and must not create new mutual exclusivities 
or application conflicts.
    Legal Settlements. Applicants may also resolve their mutual 
exclusivity through a legal settlement that provides for the dismissal 
of one or more of the application(s) in their mutually exclusive group. 
Such agreements must be submitted for Commission approval. Parties 
submitting a legal settlement for approval must ensure that their 
agreements comply with the provisions of section 311(c) of the 
Communications Act of 1934, as amended, and the pertinent requirements 
of section 73.3525 of the Commission's rules, including, inter alia, 
the settlement reimbursement restrictions. Parties filing a request for 
approval of settlement agreement must include a copy of their agreement 
and: (1) A statement outlining the reasons why such agreement is in the 
public interest; (2) a statement that each party's application was not 
filed for the purpose of reaching or carrying out such agreement; (3) a 
certification that neither the dismissing applicant nor its

[[Page 35086]]

principals has received any money or other consideration in excess of 
the legitimate and prudent expenses of the applicant; (4) a statement 
outlining the exact nature and amount of any consideration paid or 
promised; (5) an itemized accounting of the expenses for which it seeks 
reimbursement; and (6) the terms of any oral agreement relating to the 
dismissal or withdrawal of its application. Requests for approval of 
settlement agreement and the above-outlined documents required by 
section 73.3525 must be submitted in the form of an amendment to each 
party's pending application in LMS by 11:59 p.m. ET on July 31, 2020.
    Engineering Settlements. Applicants may also enter into a 
settlement agreement to resolve their mutual exclusivity by means of an 
engineering solution. As with unilateral engineering amendments, 
engineering settlements must be minor, as defined by the applicable 
rules, and must not create new mutual exclusivities or application 
conflicts. Such settlements may include proposing channel sharing as 
means to resolve their mutual exclusivity. Engineering settlement 
agreements must also be filed with the Commission for approval and must 
include the documentation required by section 73.3525. Requests for 
approval of engineering settlement agreements, accompanying 
documentation, and corresponding technical amendments must be submitted 
in the form of an amendment to each party's pending application in LMS 
by 11:59 p.m. ET on July 31, 2020. In the case of channel sharing 
settlements, the proposed sharee station shall file to modify its 
current license, specifying the technical parameters in the proposed 
host station's application and request that its application be 
dismissed upon grant of the channel sharing.
    Applicants entering into engineering settlements should endeavor, 
wherever possible, to resolve their mutual exclusivity through minor 
engineering amendments, as defined by the applicable rules. However, 
applicants that are unable to resolve their mutual exclusivity through 
a minor engineering amendment may, as part of their engineering 
settlement, amend their application(s) to propose a new available 
channel. The new channel proposal may not create a new mutual 
exclusivity or conflict with any other previously-filed application.

Federal Communications Commission.
Thomas Horan,
Media Bureau.
[FR Doc. 2020-12282 Filed 6-5-20; 8:45 am]
BILLING CODE 6712-01-P