Bexley Public Radio's time share proposal open for acceptance since April 20, 2010.

FOR MOST RECENT UPDATE SEE JUNE 17 BLOG ENTRY.

UPDATE SATURDAY JUNE 12, 2010: AN UNSIGNED LETTER ON SIMPLY LIVING LETTERHEAD WAS RECEIVED AT BEXLEY PUBLIC RADIO'S OFFICE ON SATURDAY JUNE 12, 2010. THE TEXT OF THE LETTER IN PART READS: Simply Living rejects your proposed timeshare assignment of hours for the following primary reason: Your proposed split of 3am/3pm would give BPRF 65% of the listenership hours, per Arbitron ratings for non-commercial stations. We will file our Request to Transfer WCRS with the FCC in early July, as I had previously informed you. You will receive a copy.

BECAUSE THE JUNE 12, 2010 LETTER IS UNSIGNED, PENDING SOME CONFIRMATION FROM SIMPLY LIVING, BEXLEY PUBLIC RADIO HAS NOT OTHERWISE UPDATED THE FOLLOWING INFORMATION ON THE AGENT OF CURRENCY BLOG:

This is the current proposal from Bexley Public Radio. It was made prior to the May 3, 2010 FCC decision.

The proposal has been open for acceptance since April 20, 2010 and Bexley Public Radio still offers this proposal for acceptance.

Public comments are invited below.


AMENDMENT NO. 1 SETTLEMENT AGREEMENT (UNIVERSAL TIMESHARE AGREEMENT)

This Amendment No. 1 to the Settlement Agreement (Universal Timeshare Agreement) is made as of the 20th day of April, 2010 by and among Groveport Madison Local School District, Bexley Public Radio Foundation, Community Refugee and Immigration Services, Simply Living, and Capital University (hereinafter, singularly, “Signatory,” collectively, the “Signatories”).

WHEREAs, Each of the Signatories to this Amendment No. 1 is also a party to the Settlement Agreement dated October 29, 2003 and each of the Signatories agreed to the certain and definite allocation of broadcast time on FM Channel 271 that was made in the Settlement Agreement;

WHEREAS, the allocation of time in the Settlement Agreement was approved by the Federal Communications Commission (hereinafter “Commission”);

WHEREAS, Signatory Bexley Public Radio and Signatory Simply Living have been granted licenses to cover by the Commission and are presently broadcasting respectively as WCRX-LP, 102.1 FM and WCRS-LP, 102.1 FM. Bexley Public Radio is broadcasting during the time period granted to it in the Settlement Agreement. Signatory Simply Living is broadcasting in the time periods granted to it in the Settlement Agreement and in addition during time periods allocated to Signatory Groveport Madison Local School District and Signatory Community Refugee and Immigration Services. Signatory Bexley Public Radio Foundation has not agreed to broadcasts by Signatory Simply Living during the time periods allocated to Signatory Groveport Madison Local School District and Signatory Community Refugee and Immigration Services.

WHEREAS, Construction permits awarded by the Commission to Signatory Groveport Madison Local School District and Signatory Community Refugee and Immigration Services have expired and are non-renewable;

WHEREAS, the application for a construction permit of Signatory Capital University has expired and is nonrenewable;

WHEREAS, the public interest will best and most fully be served by grant of this Amendment No. 1 because such grant will conserve the resources of the Commission and of the Signatories and bring about radio broadcast during additional time periods;

NOW THEREFORE, in consideration of the foregoing and of the terms and conditions set forth herein, and with the intent of being legally bound hereby, the Signatories agree to the following Amendment No. 1:

The existing text of numbered section 6 and numbered section 7 of Article II are deleted and replaced with the following text:

6. Hours of Operation. The Applicants hereby request that the Commission grant each Application subject to the following hours of operation:

Weekdays (M-F)

3:00 a.m. to 3:00 p.m. Bexley Public Radio Foundation

3:00 p.m. to 3:00 a.m. Simply Living

Weekends (Sa & Su)

3:00 a.m. to 3:00 p.m. Bexley Public Radio Foundation

3:00 p.m. to 3:00 a.m. Simply Living

7. Minimal Operating Schedule. The hours of operation proposed in this Agreement comply with Section 73.872(b) and Section 73.872(c) of the Commission’s Rules by allowing each Applicant the following number of operating hours per week:

In accordance with Section 73.872(b)(2) of the Commission Rules, Bexley Public Radio and Simply Living pledge that their total operating hours each day as a minimum operating schedule will be a combined total of 12 hours.

In accordance with Section 73.872(c) (1) (ii) and (iii) of the Commission Rules, Bexley Public Radio Foundation and Simply Living acknowledge that they will not permit simultaneous operation and that they will each operate at a minimum of 10 hours each week during the periods listed herein:


Bexley Public Radio Foundation: 10 hours /week at a minimum
Simply Living: 10 hours/week at a minimum


Except as stated herein, no other changes are made to the existing text of the Settlement Agreement (Universal Timeshare Agreement).


In Witness Whereof, this Amendment No. 1 to the Settlement Agreement is hereby executed as of the date first above written:



GROVEPORT MADISON LOCAL SCHOOL DISTRICT

By:__________________________________
Name:________________________________
Title:_________________________________

BEXLEY PUBLIC RADIO FOUNDATION

By:__________________________________
Name:_______________________________
Title:________________________________

COMMUNITY REFUGEE AND IMMIGRATION SERVICES

By:_________________________________
Name:______________________________
Title:_______________________________

SIMPLY LIVING

By:_________________________________
Name:_______________________________
Title:________________________________

CAPITAL UNIVERSITY

By:_________________________________
Name:_______________________________
Title:________________________________