FCC Begins Processing Local NCE Apps, Dismisses One

The FCC announced on November 29, 2021 the first round of processing of applications for non-commercial FM stations filed during the short, recent window. They listed a large group of applications locally they consider to be mutually exclusive (“MX”) and one dismissal.

The application by Community Public Radio, Inc. for a station in Carlsbad (Black Mountain, actually) on 91.1 MHz was immediately dismissed for its treaty violations with respect to co-channel XETRA and first-, second-, and third-adjacent allotments in Tijuana and San Vicente, BCN.

The FCC stated in this response that it had not yet evaluated the technical merits of most applications.

FCC MX Group 41 lists six local applications, including three in Imperial County. It’s likely all three San Diego County applications will be dismissed (one already has, as mentioned above) due to co-channel spacing with XETRA (FM) 91.1 and XHFLX 91.7 MHz. As far away as Brawley is, the Imperial County stations still had to work around co-channel issues with XETRA due to international spacing treaties and a lack of consideration for terrain shielding.

FCC MX Group 29 includes applications for Class B1 service by the Center for Economic Justice and Southern California Tribal Chairmen’s Association on 89.9 MHz. The “Justice” app offers a higher power but the “Tribal” app could raise theirs to compete for population count. The latter may have an advantage with their native tribe association.

FCC MX Group 26 by the Community Public Radio and Mocha Cares are on 90.3 MHz and will surely be dismissed for lack of consideration to the operation of co-channel XHITZ.

Understand that statements regarding the likelihood of success are purely speculative and based on limited knowledge of the legal process.