In a decision issued last week, the FCC ruled on 6 applications for LPFM stations from the last LPFM window, dismissing all of them, and warning potential applicants in the upcoming LPFM window to pay attention to the decision so that they can avoid similar issues with their applications. The dismissal of four applicants was the result of those applicants not being legally registered as nonprofit corporations in their states at the time of the FCC filing of their FCC applications. One applicant was dismissed for failing to respond to a Commission request for information in a timely basis. The dismissal of another was upheld based on the applicant’s failure to obtain reasonable assurance of the availability of its transmitter site prior to the submission of its application. These decisions thus resulted in 6 applicants losing their chance to operate LPFM stations in their markets.
Incorporation at the time of filing was deemed important in four cases for different reasons. In connection with two applicants, the failure to be incorporated was deemed fatal to the applications as the application requires a certification at the time of filing that the applicant is either incorporated or in some other form recognized by state law as an existing nonprofit educational entity (or that it is a governmental organization). That existing noncommercial status is required by law. Both applicants falsely certified that they had been incorporated at the time of filing, when in fact they had not. As they had not met the statutory mandate at the time of filing, they were dismissed. In the third case, a group tried to claim that its pre-incorporation activities qualified it as “an unincorporated organization” under state law. But the FCC found that the pre-incorporation activities were simply organizational in nature, and did not qualify the group for a license.