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January 19, 2007 Effective Date for Filing Applications to Change Radio Station Communities of License

January 2, 2007

As you may be aware, the FCC adopted a Report and Order making it significantly easier for commercial and non-commercial FM and AM radio stations to change their communities of license. (See our “Memorandum to Clients,” dated December 4, 2006). The new rules will take effect on Friday, January 19, 2007.

Accordingly, beginning on that date and at any time thereafter, applicants may seek to change a station’s community of license by filing a standard “minor change” application for construction permit (FCC Form 301). The FCC then will evaluate the proposals on a first-come, first-served basis, and will grant them if certain factors are present, which vary depending on whether the station is AM or FM, commercial or noncommercial, and/or whether it is the only operating station licensed to its existing community.

We expect a flood of applications to be filed on January 19. Accordingly, it is critical that radio stations seeking to make any type of planned facilities modification requiring a construction permit file such application on that date (or before, if possible). Under the FCC’s rules, all applications filed on January 19 will take priority over applications filed thereafter. (The FCC assigns equal weight to applications filed on the same date, regardless of the time of day that such application is filed.) In particular, an application that would be acceptable under existing rules should be filed before January 19, in order to avoid the possibility of a conflict with applications filed on January 19 or thereafter.

Please let us know as soon as possible whether you would like our assistance in the preparation and/or filing of a facilities modification application pursuant to the new rules.

In addition, we would be pleased to respond to any other questions you may have regarding this matter.

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