FM Translator Window 3: Change In Policy

The FCC will accept FM Translator Window 3 Applications from proposed assignees of on file assignment applications for AM Class C and Class D AM stations.

Given the extremely short filing window, a critical problem was presented by the requirement that applications could be filed only by the AM station licensee or permittee. There will certainly be transactions in process during that one-week window with assignment applications on file or being filed that week. These "prospective licensees" may not be able to close by August 2nd or the Commission may not be able to grant the applications during that week due to the public notice requirement.

Some of these deals may even have been made on the understanding that an FM translator application is to be filed during the upcoming window. Under the policy when the public notice was issued, these proposed licensees would not have been filed. I do not think they anticipated these situations when the Public Notice was issued.

Thankfully, FCC staff has now said they recognize the injustice of this situation and that it is contrary to the AM Revitalization policy. Where an assignment application has been accepted for filing and is on file during the window, the buyer may now file the application. In such a situation, the application will be good only for that proposed assignee and the transaction must close to claim the FM translator.

This column is provided for general information purposes only and should not be relied upon as legal advice pertaining to any specific factual situation. Legal decisions should be made only after proper consultation with a legal professional of your choosing.