I am a 4-point applicant in an MX group with another 4-point applicant and a 5-point applicant (comprising a total of 3 applicants in the group). While I have successfully reached a time-sharing agreement with the other 4-point applicant, we have not been able to secure an agreement with the 5-point applicant. Is it possible for us to win the channel?

No, in this scenario, the 4-point applicants cannot automatically win the channel by forming a time-share agreement. Since the 5-point applicant has a higher score, they cannot aggregate points with the 4-point applicants.

If the 5-point applicant is willing and able to move to a different channel, and all parties agree to this change, then you could potentially reach a universal settlement. However, simply forming a time-share agreement between the two 4-point applicants would not result in an automatic win.

If you, as a 4-point applicant, have successfully reached a time-share agreement with the other 4-point applicant in your MX group but have not reached an agreement with the 5-point applicant, you will not automatically win the channel. In this situation:

1. You and the other 4-point applicant can time share, which means you both agree to share the channel’s broadcast hours.
2. The 5-point applicant will not be dismissed automatically because they have more points.
3. If the 5-point applicant does not reach a time-share agreement with either of you, the FCC may resort to involuntary time sharing, which would assign specific broadcast hours to each applicant based on their community presence date or other factors.

Ultimately, whether you win the channel depends on the outcome of any time-share agreements or involuntary time-sharing determinations made by the FCC.