The FCC has released a Public Notice announcing the opening of the second priority filing window during which repacked and band-changing full power and Class A television stations can file for alternate channels or expanded facilities. The second priority filing window will open on October 3, 2017 and close at 11:59 p.m. EDT on November 2, 2017.
During the window, all reassigned and band-changing stations will be allowed to request an alternate channel or expanded facilities that differ from their facilities specified in the FCC’s April 13, 2017 Closing and Channel Reassignment Public Notice. Applications for stations seeking to change channels will be considered “major change” applications and will be subject to the FCC’s local public notice requirements and a 30-day period for petition to deny filings. Applications for expanded facilities are limited to those that qualify as “minor change” applications.
All second priority filing window applications will be considered to have been filed on November 2, 2017 for purposes of determining mutual exclusivity with other applications filed during the window. Mutually exclusive applicants will be notified by the FCC and will have 90 days to resolve their mutual exclusivity by proposing a technical solution or a settlement between the parties.
All additional costs incurred by stations that file during the second priority window are not eligible for repack reimbursement.
If you have questions about the upcoming second priority filing window, please contact any attorney in our office.
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