When there are two or more applications for LPFM stations where, if granted, do not meet the distance spacing guidelines between LPFM stations, they are considered to be mutually exclusive ("MX").

MX applications are then held until after the non-MX stations have been granted their permits.

The FCC will first open an opportunity for all stations within an MX group to reach a mutual agreement (a settlement agreement). This could include either changing a channel or dismissing an application to resolve the mutual exclusivity. During this first opportunity, all applicants must be in agreement with the results.

If there are still MX stations after the window, then the FCC will consider applicants on a "point" system. When the LPFM application was originally prepared, applicants were asked to claim points that are designed to assist the FCC in determining which applicants are best qualified. A point was given if the applicant is a educational institution or organization with at least a two-year presence prior to the filing of the application, another point can be claimed for a local programming commitment and a third point can be claimed if the applicant pledges to broadcast for a minimum of 8 hours per day, locally.

The FCC will then perform a comparative review of all of the competing applications. Based on the comparative review, if there is one station that has more points, the FCC will grant the construction permit to that one single "most qualified" applicant.

If there are multiple "equally qualified" applicants (a tie), the FCC will then direct the applicants to reach a time sharing settlement (meaning that each station will be allowed to broadcast a certain number of hours per week and at certain times during the week). Each station in the time sharing group must broadcast at least 10 hours per week.

If a time sharing settlement can not be reached among the MX applicants, the FCC can order "consecutive term licenses". This means, for instance, that if there are two stations that can not agree on a time sharing, the FCC will grant the license to the first organization that filed. That license will last 4 years, then the other organization will get a license to broadcast for the final 4 years of the full 8 year license term.

The rules have special provisions for MX groups of over 8 stations.

First, check for other available channels in your area. If there is an available channel and it is on an adjacent channel (this will only happen if ALL of the stations you are MX with are over 14km away and there are no full power/translator stations that will prevent you from seeking the other channel) or if there is a channel either 10.6 or 10.8 MHz above or below your channel that is available (the "IF" channels). If one of these is available, you can file an amendment to your application to specify operation on those channels. Amendments to change to channels other than those discussed here (first, second, third adjacent and "IF" channels) are considered a major change and will not be accepted. Those can only be sought in a designated filing window.

If you can move the transmitter location so that the move relieves the MX situation, as long as the proposed move is 5km or less, you can do it now as a minor change.

If you can not resolve the MX situation by means of a minor change and it does not appear that there are other LPFM channels available, this is a good time to "get to know your neighbors". If you feel that your application stands a chance of surviving the comparative review (for example, if you claimed all 3 points and so did two other MX stations), try to contact those other two applicants (if they have not already tried to contact you) and start working on your time share agreement. Even though you can not submit the terms of your agreement until the FCC declares the MX group in a public notice, you will have made initial dialogue with the other applicants and all groups will have an expectation of what their future plans will be for broadcasting. Once the MX notice is released, you will be ready to submit your paperwork, which may (or may not) expedite your group of stations getting on the air.

The FCC has provisions in the LPFM rules that allow local governments (mostly state highway departments) to set up LPFM stations. Unlike other organizations, these type of applicants can file in multiple cities and are not subject to ownership caps as long as all of the stations are located within their jurisdiction.

The rules allow for a TIS applicant to specify one "priority" application. This priority application would be the only one subject to a comparative review with the other MX applicants. On applications that are not indicated as "priority", they will be dismissed by default if there are competing applicants.

Some applicants who were either individuals or community organizations may have stated on their applications that they were providing a public safety service and they had "jurisdiction" in that area. MonsterFM.com / Broadcast Technical Services is concerned that these organizations may have their applications dismissed. An organization that has "jurisdiction" is one whom is in charge of providing police, fire and other government related services in the area.

The FCC has provisions that do not allow an LPFM station to be owned by an entity that already holds AM, FM or TV (including LPTV) licenses. The students of the University of Arizona filed a Petition for Reconsideration regarding this rule to allow LPFM stations operated primarily by students to be licensed. The FCC did agree to allow an educational institution who holds other broadcast licenses to also hold an LPFM authorization if the LPFM station is operated entirely by the students. These types of stations will only be allowed if there are no other competing applications. Unfortunately for the University of Arizona folks, there were other applications for the same channel, therefore their application will likely be dismissed.

We have other creative ideas on how to handle multiple MX applications in which there are more applicants then there are channels.