By: David Oxenford,
Wilkinson Barker Knauer LLP
The FCC this week released a Public Notice (that we mentioned in our update on regulatory dates for May) announcing that, on May 17, many new applications and other filings will be migrating to the FCC’s newer LMS filing platform. These include many of the documents that had been, until recently, filed in the FCC’s old CDBS platform. These applications had, since CDBS was closed for new filings, been submitted through emails to the FCC (see our articles here and here).
Most notably, the new LMS filings will include requests for Special Temporary Authority – and future requests for extensions of STAs. The FCC notes that for STAs that had originally been filed in CDBS, rather than filing an extension request for such STAs, applicants should initially file for a new STA in LMS and indicate in an exhibit that the request is for an extension of an existing STA that was filed in CDBS (or by email in the interim processing period). The full list of applications that will, as of May 17, be filed in LMS is as follows:
- FM Engineering Special Temporary Authorizations (STAs)
- Request for Silent STA
- Extension of STA – Silent
- Extension of STA – Engineering
- Suspension of Operations Notification
- Resumption of Operations
- AM/FM Digital Notification
- Modulation Dependent Carrier Level (MDCL) Notification
- Change of Primary Station Notification
- Tolling Notification
- Reduced Power Notification
- Withdraw Pending Applications
The Public Notice also provides instructions on filing extensions, tolling requests and requests to withdraw pending applications – where the new LMS filings need to begin by accessing the submitted application in LMS that is being affected by one of these actions (e.g., an applicant requesting tolling of an FM construction permit will first need to find the submitted construction permit application in LMS and then will be given the option to request tolling of that permit). Other details of the filing process are noted in the Public Notice, so be sure to review it before filing any of these applications after the May 17 effective date.
This continues the migration of broadcast applications to LMS. With these changes, most broadcast applications will have moved to the new system with the principal exception of technical applications dealing with AM stations, which still must be emailed to FCC staff. Be alert for these new filing requirements and watch as the FCC makes further changes to its filing procedures in the future.
David Oxenford is MAB’s Washington Legal Counsel and provides members with answers to their legal questions with the MAB Legal Hotline. Access information here. (Members only access). There are no additional costs for the call; the advice is free as part of your MAB membership.