Following petitions, the FCC has changed its original decisions regarding three groups of LPFM hopefuls.
The conflicts originated from the 2023 filing window in Iowa, New Jersey and Tennnesee. The commission had initially resolved three mutually exclusive groups using its standard tiebreaking procedures.
But due to challenges via petitions, the commission applied additional analysis. All three challenges were ultimately successful.
The Media Bureau noted that its comparative review is strictly based on information provided by the applicants and that it “generally” does not independently verify the accuracy of this information. Instead, the bureau relies on the petition process to validate the points it awards.
The following details we summarize are provided through the FCC’s account of the cases in question. You can read the commission’s details of each of three LPFM groups here.
Iowa nonprofit granted LPFM CP outright
In Des Moines, Iowa, the commission had tentatively selected LPFM applicants CPC of the WMM USA-Des Moines, IA-ONE and Climate March to share the 107.9 FM frequency via a timeshare agreement.
The CPC application is one of 17 such applications filed with the “CPC of the WMM” acronym, as REC Networks has detailed. The acronym stands for Christian Pentecost Church of the Worldwide Missionary Movement.
Climate March is a nonprofit based in Des Moines.
CPC was awarded a point, resulting in the tie, for claiming to have a main studio within the required 20 miles of the station’s proposed transmitting site for the market the size of Des Moines.
However, REC, an LPFM advocate, filed an objection, arguing that CPC was not entitled to this point because the address it listed was in Carrollton, Texas — 600 miles away.
Five months after submitting its application, CPC filed an amendment to correct its studio address to Capitol Ave. in Des Moines. REC argued that under established procedures, the FCC would not consider documentation submitted after the application deadline. The CPC did not file an opposition.
The FCC agreed with REC, rescinded the point granted to CPC, and granted an LPFM construction permit for the 107.9 FM frequency solely to Climate March.
Atlantic City hopefuls fall into a tie
In Atlantic City, N.J., a mutually exclusive group of LPFM applicants for the 107.9 FM frequency consisted of Yoelkie Media Foundation, Chinese Church of Atlantic City and Transmission Communications Network (TCN).
Based on its usual tiebreakers, TCN was the commission’s tentative selectee after claiming and being awarded a point for established community presence. TCN listed its local headquarters in Pleasantville, N.J., within 10 miles of its proposed antenna, and submitted documentation showing it was incorporated in New Jersey in 2017.
REC also objected here, arguing that TCN was not entitled to the point because its documentation showed its headquarters were in Newark from 2017 to 2023, well beyond the required 20 miles. It was not until November 2023, one month before TCN submitted its application, that it filed a change of address to Pleasantville.
TCN filed an opposition to the REC objection that simply stated it agreed with the commission’s original tiebreaking determination.
REC filed a reply, reiterating that TCN did not have a local presence in Atlantic City until it filed its November 2023 address change.
The FCC agreed, finding that TCN was improperly awarded the community presence point. For locations outside the top 50 Nielsen markets, such as Atlantic City, an applicant must have existed as a nonprofit educational institution or organization and either been headquartered or had 75% of its board members residing within 20 miles of its transmitter site to earn a “local” point.
As a result, the three Atlantic City applicants were placed in a tie. The commission directed them to submit a voluntary time-sharing proposal within 90 days. Petitions to deny the applications of the new tentative selectees must be filed within 30 days.
Memphis-area applicants directed to timeshare
In Memphis and Bartlett, Tenn., two LPFM applications for the 100.1 FM frequency were from Citizens Against Unfair Financial Practices and Universidad Internacional Cristiano de Ministerios (UICM). Citizens was the tentative selectee.
UICM filed a petition to deny Citizens’ application, arguing it was not entitled to a community presence point. UICM contended that Citizens provided no evidence regarding the duration of its board members’ local residences, listing post office boxes for the majority of them. UICM argued that the only listed address for Citizens was a Memphis location approximately 14 miles from the proposed transmitter site, and that it was the address of a P.O. box.
In a top 50 Nielsen market such Memphis, an applicant must have 75% of its board members, or its headquarters, within 10 miles of its proposed transmitter site to earn the tiebreaker point.
Citizens responded that its headquarters on Summer Ave. in Memphis is within 10 miles of its proposed antenna, and it had mistakenly entered its temporary pandemic P.O. box address on the application. It submitted an amendment with supporting documentation.
UICM replied, arguing that the documentation was “too little, too late.”
The commission agreed, stating that Citizens’ December 2024 amendment “does not cure the initial lack of documentation.”
The commission rescinded the point it had originally granted to Citizens, resulting in a tie with UICM. The applicants were directed to submit a voluntary time-share proposal within 90 days. Petitions to deny the two Tennessee tentative selectees must be filed within 30 days.
