FCC Web Documents citing 73.3571

as compiled by hallikainen.com/FccRules on 2012 07 01

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  • comparing a bid on the original license with a bid on a reconfigured license. PART 73 - RADIO BROADCAST SERVICES Part 73 of Title 47 of the Code of Federal Regulations is revised to read as follows: 4. The authority citation for Part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334 and 336. 5. Amend � 73.3571 by revising paragraph (h)(4)(ii) to read as follows: � 73.3571 Processing AM broadcast station applications * * * * * (h)(4) * * * * * * * * (ii) Winning bidders are required to pay the balance of their winning bids in a lump sum prior to the deadline established by the Commission pursuant to �1.2109(a). Long-form construction permit
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  • of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, Reexamination of the Policy Statement on Comparative Broadcast Hearings, Proposals to Reform the Commission's Comparative Hearing Process to Expedite the Resolution of Cases, First Report and Order, 13 FCC Rcd 15920, 15974, 15975 (1998) (``First Report and Order''); 47 C.F.R. � 73.3571(h)(ii). In recently completed Closed Broadcast Auctions No. 25, No. 27 and No. 28, applicants who had previously submitted long form applications were subsequently required to file FCC Forms 175 to participate in a closed broadcast auction. Applicants were eligible to bid only on those construction permits for which they had previously filed long form applications. See First Report and Order,
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  • AM Radio - AM; FM Radio - FM; Full Power Television - PST; FM Translator - FMT; TV Translator and Low Power Television SST. Use a separate line for each different facility. Indicate whether the facility for which you want to bid is a new facility or a "major modification" to an existing facility, as defined in 47 C.F.R. � 73.3571(a)(1) (AM Radio), � 73.3572(a)(1) (Full Power Television, Low Power Television and Television Translators), � 73.3573(a)(1) (FM Radio), and � 74.1233(a)(1) (FM Translators). If you intend to bid on an AM Radio facility, enter the Frequency of that facility; otherwise enter the Channel number. Enter the Community of License (both City and State) of the facility for which you intend to
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  • exclusive with another application IS DENIED. Sincerely, Roy J. Stewart, Chief Mass Media Bureau cc: Jeffrey B. Bate The technical information consists of Section I and the Section III-A Tech Box of FCC Form 301, Application for Construction Permit. The technical information permits the staff to determine mutual exclusivities between applicants. See 47 U.S.C. � 309(j); 47 C.F.R. �� 1.2105, 73.3571, 73.5002(a); AM Auction Filing Window and Application Freeze; Notice and Filing Requirements Regarding January 24 - 28, 2000 Window for Certain AM Construction Permits; Notice Regarding Freeze on the Acceptance of AM Minor Change Construction Permits from December 24, 1999 to January 21, 2000, Public Notice, 14 FCC Rcd 19490 (1999) (``AM Filing Window Public Notice''). AM Auction No. 32
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  • � 1.2109(b). 47 C.F.R. �� 1.2109(a), 73.5003. 47 C.F.R. � 1.2109(a). 47 C.F.R. �� 1.2109(a), 73.5003. 47 C.F.R. �� 1.2104(g)(2), 1.2109(c). 47 C.F.R. � 1.2109(c). 47 C.F.R. � 1.2109(d). 47 C.F.R. � 73.5005(a). See ``Mass Media Bureau Implements Mandatory Electronic Filing of FCC Forms 301, 314, and 315,'' Public Notice, 16 FCC Rcd 3989 (MMB 2001). See 47 C.F.R. �� 73.3571(a)(1), 73.3571(h)(4)(iii), 73.3522(a)(3). 47 C.F.R. � 1.2107(c). Pub. L. 105-33, 111 Stat. 251 (1997). 47 C.F.R. �1.2108(c). Id. See Commission Taking Tough Measures Against Frivolous Pleadings, Public Notice, 11 FCC Rcd 3030 (1996). See Auction No. 32 Construction Permits for New AM Broadcast Stations Scheduled for December 10, 2002; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedural
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  • to sections of the Part 1 general competitive bidding rules that have been removed or modified. Accordingly, we modify the following rules to eliminate or correct references to rules that have been removed or modified: 1.2107(e); 1.2110(f)(3)(ii)(B), (f)(3)(iii)-(iv), (vii); 21.956(b)(3); 21.960(b)(4); 22.223(b)(3); 24.321(c)(1); 24.709; 24.711(b)-(b)(2); 24.712(a)-(b); 24.714(d)(1), (d)(2)(i), (iii), (d)(3)(i), (ii); 24.716(b)-(b)(2); 24.717(a)-(b); 24.720(b)(5), (c)(2), (j)(2), (k)(4), (n)(3)-(4); 26.210(a); 27.15(d)-(e); 73.3571(h)(4)(i); 73.3573(f)(5)(ii); 73.5005(a); 73.5006(d); 80.1252(d); 90.705; 90.813(d)(2)(ii)-(iv), (3)(ii), (e), (f); 90.814(a)(3); 90.910(a); 90.1017(a); 90.1025(b); 90.1103(d); 95.816(e); 95.823(c)(2), (c)(2)(iii), (c)(3); 101.538(c); and 101.1319(b). Finally, we correct errors in the following rules pursuant to the Bureau's delegated authority under section 0.331(d) to make ministerial conforming edits: 22.227; 24.711(b)(3)-(5); 73.5009; 90.809(b); 90.813(a); 90.909(c); 90.913(a); 95.816(f); and 101.538(a)(7). Ordering clause IT IS ORDERED that Parts
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  • to sections of the Part 1 general competitive bidding rules that have been removed or modified. Accordingly, we modify the following rules to eliminate or correct references to rules that have been removed or modified: 1.2107(e); 1.2110(f)(3)(ii)(B), (f)(3)(iii)-(iv), (vii); 21.956(b)(3); 21.960(b)(4); 22.223(b)(3); 24.321(c)(1); 24.709; 24.711(b)-(b)(2); 24.712(a)-(b); 24.714(d)(1), (d)(2)(i), (iii), (d)(3)(i), (ii); 24.716(b)-(b)(2); 24.717(a)-(b); 24.720(b)(5), (c)(2), (j)(2), (k)(4), (n)(3)-(4); 26.210(a); 27.15(d)-(e); 73.3571(h)(4)(i); 73.3573(f)(5)(ii); 73.5005(a); 73.5006(d); 80.1252(d); 90.705; 90.813(d)(2)(ii)-(iv), (3)(ii), (e), (f); 90.814(a)(3); 90.910(a); 90.1017(a); 90.1025(b); 90.1103(d); 95.816(e); 95.823(c)(2), (c)(2)(iii), (c)(3); 101.538(c); and 101.1319(b). Finally, we correct errors in the following rules pursuant to the Bureau's delegated authority under section 0.331(d) to make ministerial conforming edits: 22.227; 24.711(b)(3)-(5); 73.5009; 90.809(b); 90.813(a); 90.909(c); 90.913(a); 95.816(f); and 101.538(a)(7). Ordering clause IT IS ORDERED that Parts
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  • open on January 26, 2004, and close on January 30, 2004. In connection with this window, MB also announces that it will not accept AM minor change construction permit applications between January 12, 2004 and January 30, 2004. Scope: The window is available for proposals for new AM stations and major modifications to authorized AM facilities, as defined in Section 73.3571(a)(1). Proposals submitted in the filing window must protect all minor change applications filed before January 12, 2004. The window will not be available for frequencies in the AM expanded band or for major changes in existing AM expanded band stations. Application Freeze. AM minor modification applications are governed by first come/first served processing procedures and generally may be filed at
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  • � 1.2105(c). See Public Notice, ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' 11 FCC Rcd 9645 (1995). 47 C.F.R. �� 1.2105(c), 73.5002 47 C.F.R. � 1.65. 47 C.F.R. � 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555, � 17. 47 C.F.R. �� 1.2107(d), 73.5005(a). See 47 C.F.R. � 1.2109(d). Id. See id. � 73.3571(h)(2). All mutually exclusive applications will be considered under the relevant procedures for conflict resolution. See id. � 73.5002 (c)&(d). If a mutually exclusive group which is eligible to submit engineering solutions or settlement does not do so by the settlement deadline date, and the applications in that group propose to serve different communities of license, each applicant within the group
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  • change in an authorized AM station and an FCC Form 159, Remittance Advice. The facilities proposed in Form 301 must comply with all applicable AM rules. Applicants must demonstrate that the proposed facilities protect existing stations and earlier filed applications, and that the daytime and nighttime facilities comply with principal city coverage requirements. Certain minor changes, as defined in Section 73.3571 of the Commission's rules, are permitted in the facilities specified in the complete FCC Form 301. Inconsistent, conflicting or multiple applications: Several applicants have previously filed FCC Form 301 applications covering the same facilities for which new or major change technical proposals were submitted in the most recent AM filing window. In these cases, the submission of a complete FCC
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  • AM rules. Applicants must demonstrate that the proposed facilities protect existing stations and earlier filed applications, and that the daytime and nighttime facilities comply with principal city coverage requirements. Any differences between the tech box proposal filed during the AM Auction No. 84 filing window and the complete FCC Form 301 must be minor changes as defined in 47 C.F.R. �73.3571. Noncommercial Educational Applicants: Applicants designated by an asterisk in Attachment A-2 checked the box labeled ``noncommercial educational'' in response to the ``Applicant Status'' question on the profile page of their originally submitted FCC Form 175 applications. Thus, these applicants seek a noncommercial educational (``NCE'') station license. As a result of this election, these applicants will be required to demonstrate ``that
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  • 160694 CASPER WY 1180 NEW 20040130AAJ SCOTT POWELL 161192 BIG HORN WY 1370 NEW 20040130BFE SCOTT POWELL 161499 CASPER WY 1490 NEW 20040129APP STUART W. FORD 160417 RIDGECREST SC 1300 NEW 20040130BRB TRADE MEDIA CORPORATION 161521 HOBBS NM 1560 F. Applications that do not meet the criteria for a major change in existing facilities, as described in 47 C.F.R. � 73.3571(a)(1): CALL ARN NAME FACID CITY ST FREQ WKGC 20040130BBO GULF COAST COMMUNITY COLLEGE 25564 PANAMA CITY FL 1480 WKTE 20040129AMO BOOTH-NEWSOME BROADCASTING, INC. 161528 KING NC 1090 For additional information, contact Edward De La Hunt, Ann Gallagher, Lisa Scanlan, or Tom Nessinger at the Audio Division, Media Bureau at (202) 418-2700. See Implementation of Section 309(j) of the Communications Act-Competitive
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  • C.F.R. � 73.3525. See ``Filing Procedures,'' infra. Effective August 10, 2004, this fee is $3,310.00. See schedule of charges at 47 C.F.R. � 1.1104. Method and forms of payment are addressed in 47 C.F.R. �� 1.1109, 1.1110. See also the Media Services Application Fee Filing Guide and the FCC Form 301 instructions. See supra note 11. See 47 C.F.R. � 73.3571. See Broadcast First Report and Order, 13 FCC Rcd at 15964. The Commission's service priorities when making a Section 307(b) determination are: (1) first full-time aural service; (2) second full-time aural service; (3) first local service, and (4) other public interest matters. Second Report and Order, FM Channel Policies/Procedures, 90 FCC 2d 88, 90-93 (1982); recon. denied, 56 RR 2d
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  • denying the Petition for Nunc Pro Tunc Acceptance (``Waiver Petition'') of its Form 301 application for a major modification to the facilities of broadcast station WKGC(AM), Panama City Beach, Florida. For the reasons discussed below, we grant the Petition for Reconsideration. We also issue a NOTICE OF APPARENT LIABILITY FOR FORFEITURE to GCCC for its apparent willful violation of Sections 73.3571(h)(3) and 73.5005(d) of the Commission's Rules, due to GCCC's failure to timely submit a complete FCC Form 301 application. Background. On November 6, 2003, the Media Bureau (``MB'' or ``Bureau'') and the Wireless Telecommunications Bureau (``WTB'') jointly released a Public Notice announcing a January 26-30, 2004, AM auction filing window for applications for new AM stations and major modifications to
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  • AM rules. Applicants must demonstrate that the proposed facilities protect existing stations and earlier filed applications, and that the daytime and nighttime facilities comply with principal city coverage requirements. Any differences between the tech box proposal filed during the AM Auction No. 84 filing window and the complete FCC Form 301 must be minor changes as defined in 47 C.F.R. �73.3571. Noncommercial Educational Applicant: The applicant designated by an asterisk in the table above checked the box labeled ``noncommercial educational'' in response to the ``Applicant Status'' question on the profile page of their originally submitted FCC Form 175 applications. Thus, this applicant seeks a noncommercial educational (``NCE'') station license. As a result of this election, the applicant will be required to
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  • assigned the licenses of the two stations previously licensed to Evans: WRMO(FM), Millbridge, Maine (File No. BALH-20060605AAM) and KHAM(FM), Britt, Iowa (File No. BALH-20060605AAN). Domiciliary Letters, Form PR-1906, Case No. 06PR57, State of Wisconsin, Circuit Court, Brown County, May 22, 2006. 47 C.F.R. � 73.3541. See, e.g., Rose Broadcasting Co., 68 FCC 2d 1242, 1246-47 (1978). See 47 C.F.R. � 73.3571(a)(1) (major change in ownership occurs when the original party or parties to the application do not retain more than 50 percent ownership interest in the application as originally filed). See 47 C.F.R. � 73.3571(b)(2). Prior to the adoption of competitive bidding rules, broadcast application processing rules provided that a new file number would be assigned to an application for a
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  • 73.622. Pub.L.No. 106-113, 113 Stat. Appendix I at 1501A-594 - 598 (1999), codified at 47 U.S.C. � 336(f). Establishment of a Class A Television Service, MM Docket No. 00-10, Report and Order, 15 FCC Rcd 6355 (2000). . 47 C.F.R. Ch. 1, Subpart I. 47 C.F.R. �� 1.1305-1.1319. 47 C.F.R. � 1.2105(a). 47 C.F.R. � 73.5002(a). See 47 C.F.R. � 73.3571(h)(3). See 47 C.F.R. � 73.5006(b); see also 47 C.F.R. � 1.2105(c). See 47 C.F.R. � 73.3572. In determining mutual exclusivity among the applications, the staff will apply 47 C.F.R. �� 73.612, 73.613, 73.622, 73.623, 73.625, 73.699, 73.6010, 74.703, 74.705, 74.706, 74.707, 74.708, 74.710, 74.792, 74.793, and 74. 803. See 47 C.F.R. � 73.5002(c)(1) & (d)(1). See 47 C.F.R. � 73.5002(d).
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  • by Form 340. See Paragraphs 9-10. Example 19 (Licensed AM proposing CofL change): AM Station X proposes to change its community of license from Smalltown, VA, to Othertown, VA. Procedure: Station A must file Form 301, including the 307(b) information required by Question 12 of Section III-A, and submit the appropriate minor modification application fee. See Paragraphs 9-10 and Section 73.3571(j). Example 20 (New AM permittee proposing CofL change): AM Permittee Y proposes to change its community of license from Smalltown, VA, to Othertown, VA. The Permit was filed as a singleton during an AM auction window. Procedure: Station A must file Form 301, including the 307(b) information required by Question 12 of Section III-A, and submit the appropriate minor modification
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  • applicable AM rules. Applicants must demonstrate that the proposed facilities protect existing stations and earlier filed applications, and that the daytime and nighttime facilities comply with principal city coverage requirements. Any differences between the tech box proposal filed during the AM Auction No. 84 filing window and the complete FCC 301 must be minor changes as defined in 47 C.F.R. �73.3571. Noncommercial Educational Applicants: Applicants designated by an asterisk in Attachment B-1 checked the box labeled ``noncommercial educational'' in response to the ``Applicant Status'' question on the profile page of their originally submitted FCC Form 175 applications. As a result of this election, these applicants will be required to demonstrate ``that they meet all Commission eligibility requirements for noncommercial educational stations.''
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  • AM expanded band licensing procedures, but that Section 309(b) of the Communications Act of 1934, as amended, and the Ashbacker doctrine required that an opportunity be provided for the filing of competing applications. Scope / Technical Requirements: This limited, supplemental window is available for proposals for new AM stations and major modifications to authorized AM facilities, as defined in Section 73.3571(a)(1) of the Commission's Rules (the ``Rules''), to operate on 1700 kHz. To ensure that the AM station will serve the critical public safety needs of those residents within the Indian Point Emergency Planning Zone designated by emergency authorities, the Commission mandated that applicants specify a community of license in Rockland County, New York. In addition, the proposed AM facilities must,
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  • did not amend the Application until December 8, 2006, almost eight months after the sale was consummated, and only then after being prompted by two separate Bureau inquiry letters. Letter to Mark N. Lipp, Esq., Ref. No. 1800B3-EAL (MB June 1, 2006). Letter to Mark N. Lipp, Esq., Ref. No. 1800B3-EAL (MB Oct. 17, 2006). See also 47 C.F.R. � 73.3571(c) (application for changes in the facilities of an existing station will continue to carry the same file number even though the Commission has approved an assignment of the station license if, upon consummation, the application is amended to reflect the new ownership). Engineering Statement, Attachment 11 to amended application, at 3. PAR's Petition to Deny is untimely as to the
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  • Newark, NJ, facilities authorized by construction permit File No. BP-20070117AFN are granted. See condition #8 on WNSW construction permit File No. BP-20070117AFN for more information. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau 47 C.F.R. � 73.3555, Note 4. The Application and Waiver Request are uncontested. The Application was filed as a minor modification application in accordance with Section 73.3571(j) of the Commission's Rules. See 47 C.F.R. � 73.3571(j). See BIA Database Report, FCC Geographic Market Definition for New York, NY. See 47 C.F.R. � 73.3555(a)(1). MRBL is the licensee of: WJDM(AM), Elizabeth, New Jersey; WZRC(AM), New York, New York; WNSW(AM), Newark, New Jersey; WPAT(AM), Paterson, New Jersey; WWRU(AM), Jersey City, New Jersey; and the subject station, WNYG(AM), Babylon, New
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  • Secretary, FCC, from Mark N. Lipp (Jul. 3, 2007). Petitioner calculates the proposed expiration date of November 12, 2008 by adding the permit's remaining one year, seven months, and fifteen days from the date the Court of Appeals of the State of Georgia handed down its decision in the matter, March 28, 2007. WBIC(AM) Reply at 2. 47 C.F.R. � 73.3571(f). See, e.g., Robert E. Combs, Memorandum Opinion and Order, 19 FCC Rcd 13421, 13426, � 10 (2004) (holding that, ``[I]t is fundamentally unfair selectively to allow an applicant to obtain a construction permit outside the auction process, while requiring all other similarly situated applicants to comply with our competitive bidding rules.''); Amendments of Parts 1 and 90 of the Commission's
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  • in Greenville, Alabama losing one of only three local services. GEMB's allegation is misplaced. A grant of the license renewal application is not materially related to the grant of Williamson's major modification application. The pending major modification application is mutually exclusive with several other proposals filed in the AM Auction 84 filing window and will be considered independently under Section 73.3571(h) of the Rules. Should GEMB wish to oppose Williamson's major modification application, it should file an objection in that proceeding in connection with the filing of a Williamson ``long form'' application. 7. Proposed Forfeiture. In this case, the Licensee has admitted that it failed to timely file a license renewal application for WGYV(AM), as required by Section 73.3539(a) of the
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  • in connection with its dismissal. See 47 C.F.R. �� 73.3525(c), 73.3568. See infra ``Filing Procedures.'' See schedule of charges at 47 C.F.R. � 1.1104. Method and forms of payment are addressed in 47 C.F.R. �� 1.1109, 1.1110. See also the Media Services Application Fee Filing Guide and the FCC Form 301 instructions. See supra note 11. See 47 C.F.R. � 73.3571. Alexander MO&O, 21 FCC Rcd at 9972. A portion of Rockland County lies within the Indian Point Emergency Planning Zone, a federally designated area within a ten-mile radius of the Indian Point nuclear power energy generation facility. The Indian Point nuclear facility is located in Buchanan, New York, on the east bank of the Hudson River in Westchester County, close
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  • 162-70. See 47 C.F.R. �� 1.2107, 73.5005. See also Implementation of Section 309(j) of the Communications Act -Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, FCC 98-194, 13 FCC Rcd 15920, 15984-85 �� 163-64 (1998). See 47 C.F.R. �� 1.2112(b), 73.5005, 73.5007, 73.5008. See 47 C.F.R. �� 1.2107, 1.2109(a), 73.3571, 73.3573, 73.5003, 73.5005, 73.5006(d). See 47 C.F.R. �� 1.2107, 1.2109(a). PUBLIC NOTICE News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 R S T $ F F � ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� {
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  • at 2981-83 �� 162-70. 38See47 C.F.R. �� 1.2107, 73.5005. See alsoImplementation of Section 309(j) of the Communications Act � Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, FCC 98-194, 13 FCC Rcd 15920, 15984-85 �� 163-64 (1998). 39See47 C.F.R. �� 1.2112(b), 73.5005, 73.5007, 73.5008. 40See47 C.F.R. �� 1.2107, 1.2109(a), 73.3571, 73.3573, 73.5003, 73.5005, 73.5006(d). 41See 47 C.F.R. �� 1.2107, 1.2109(a). 9010 VII. CONTACT INFORMATION 49.For further information concerning Auction 88, please contact: General Auction 88 Information General Auction Questions FCC Auctions Hotline (888) 225-5322, option two; or (717) 338-2868 Auction 88 Process and Procedures Auctions and Spectrum Access Division (202) 418-0660 Jeff Crooks (Analyst) Linda Sanderson (Project Manager) Auction 88
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  • Notice, DA 10-524, 25 FCC Rcd 2942, 2982-83 �� 166-69 (WTB/MB 2010) (``Auction 88 Procedures Public Notice''). Id. 47 C.F.R. �� 1.2104(g)(2), 1.2109(b). 47 C.F.R. �� 1.2109(a), 73.5003. 47 C.F.R. �� 1.2104(g)(2), 1.2109(a), 1.2109(c). 47 C.F.R. �� 1.2109(a), 73.5003. 47 C.F.R. �� 1.2104(g)(2), 1.2109. 47 C.F.R. � 1.2109(d). See 47 C.F.R. �� 73.3573(a)(1), 73.3573(f)(5)(iii), 73.3522(a)(3). See 47 C.F.R. �� 73.3522, 73.3571, 73.3573. See Section III. I., ``Application Processing and Construction Permit Grant,'' below. See 47 C.F.R. � 73.5005(a). See 47 C.F.R. �� 1.2104(g), 1.2107(c), 73.5005(c). For information regarding electronic application filing, refer to ``Mass Media Bureau Implements Mandatory Electronic Filing of FCC Forms 301, 314, and 315,'' Public Notice, DA 01-283, 16 FCC Rcd 3989 (MMB 2001). See Implementation of Section
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  • triggering the appropriate period for the filing of petitions to deny.26 21.AM Station Winning Bidder. Prior tomidnight ET on August 30, 2010,the AM broadcast station winning bidder must submit electronically a properly completed long-form application (FCC 2147 C.F.R. �� 1.2109(a), 73.5003. 2247 C.F.R. �� 1.2104(g)(2), 1.2109. 2347 C.F.R. � 1.2109(d). 24See47 C.F.R. �� 73.3573(a)(1), 73.3573(f)(5)(iii), 73.3522(a)(3). 25See47 C.F.R. �� 73.3522, 73.3571, 73.3573. 26SeeSection III. I., "Application Processing and Construction Permit Grant," below. 10075 Form 301-AM, Application for Construction Permit for Commercial Broadcast Station), including all required exhibits, for the construction permit for which it was the winning bidder in Auction 88.27 22.All Auction 88 Winning Bidders. An applicant that fails to submit the required long-form application before the specified deadline or
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  • 155-163. See 47 C.F.R. �� 1.2107, 73.5005. See also Implementation of Section 309(j) of the Communications Act -Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, FCC 98-194, 13 FCC Rcd 15920, 15984-85 �� 163-64 (1998). See 47 C.F.R. �� 1.2112(b), 73.5005, 73.5007, 73.5008. See 47 C.F.R. �� 1.2107, 1.2109(a), 73.3571, 73.3573, 73.5003, 73.5005, 73.5006(d). See 47 C.F.R. �� 1.2107, 1.2109(a). PUBLIC NOTICE News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 M N O $ F F ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� � �
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  • 10-2008 at �� 155-163. 39See47 C.F.R. �� 1.2107, 73.5005. See alsoImplementation of Section 309(j) of the Communications Act � Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, FCC 98-194, 13 FCC Rcd 15920, 15984-85 �� 163-64 (1998). 40See47 C.F.R. �� 1.2112(b), 73.5005, 73.5007, 73.5008. 41See47 C.F.R. �� 1.2107, 1.2109(a), 73.3571, 73.3573, 73.5003, 73.5005, 73.5006(d). 42See 47 C.F.R. �� 1.2107, 1.2109(a). 890 VII. CONTACT INFORMATION 48.For further information concerning Auction 90, please contact: General Auction Information General Auction Questions Auction Process and Procedures FCC Auctions Hotline (888) 225-5322, option two; or (717) 338-2868 Auction 90 Process and Procedures Auctions and Spectrum Access Division (202) 418-0660 Jeff Crooks (Analyst) Barbara Sibert (Project
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  • 167-75. See 47 C.F.R. �� 1.2107, 73.5005(a). See also Implementation of Section 309(j) of the Communications Act -Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, FCC 98-194, 13 FCC Rcd 15920, 15984-85 �� 163-64 (1998). See 47 C.F.R. �� 1.2112(b), 73.5005, 73.5007, 73.5008. See 47 C.F.R. �� 1.2107, 1.2109(a), 73.3571, 73.3573, 73.5003, 73.5005, 73.5006(d). See 47 C.F.R. �� 1.2107, 1.2109(a). PUBLIC NOTICE News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 " � � � $ F F � � ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6�
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  • (202) 418-0432 (TTY). -FCC- 41See47 C.F.R. �� 1.2107, 73.5005(a). See alsoImplementation of Section 309(j) of the Communications Act � Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, FCC 98-194, 13 FCC Rcd 15920, 15984-85 �� 163-64 (1998). 42See47 C.F.R. �� 1.2112(b), 73.5005, 73.5007, 73.5008. 43See47 C.F.R. �� 1.2107, 1.2109(a), 73.3571, 73.3573, 73.5003, 73.5005, 73.5006(d). 44See 47 C.F.R. �� 1.2107, 1.2109(a). 5815
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  • hereby given that the applications listed in the attached appendix are hereby accepted for filing. Petitions to deny the applications listed in the attached appendix and minor amendments thereto must be on file with the Commission not later than the close of business on January 29, 2001. Amendments filed pursuant to this notice are subject to the provisions of Sections 73.3571,73.3573 and 74.1233 of the Commission Rules. FCC Attachment APPENDIX BPH-19960823MF 19960823MF MASON, TX BK RADIO REQ: 95.7 MHz Channel No. 239C2 BPH-19960826MS 19960826MS MASON, TX JAYSON D. AND JANICE M. FRITZ REQ: 105.7 MHz Channel No. 289C2 BPED-19980122MD 19980122MD STEPHENVILLE, TX PROVIDENT EDUCATIONAL BROADCASTING CORPORATION REQ: 89.1 MHz Channel No. 206A BPED-19980513MC 19980513MC CUERO, TX GOOD NEWS BROADCASTING OF TEXAS
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  • hereby given that the applications listed in the attached appendix are hereby accepted for filing. Petitions to deny the applications listed in the attached appendix and minor amendment thereto must be on file with the Commission not later than the close of business on May 30, 2001. Amendments filed pursuant to this notice are subject to the provisions of Sections 73.3571,73.3573 and 74.1233 of the Commission Rules. FCC Attachment APPENDIX BPH-19960826MH 960826MH MASON, TX FOXCOM,INC. REQ: 102.5 MHz Channel No. 273C2 FCC - ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D N ��-
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  • 73.3580 CODE OF FEDERAL REGULATIONS TITLE 47. TELECOMMUNICATION CHAPTER I. FEDERAL COMMUNICATIONS COMMISSION SUBCHAPTER C. BROADCAST RADIO SERVICES PART 73. RADIO BROADCAST SERVICES SUBPART H. RULES APPLICABLE TO ALL BROADCAST STATIONS � 73.3580 Local public notice of filing of broadcast applications. (a) All applications for instruments of authorization in the broadcast service (and major amendments thereto, as indicated in �� 73.3571, 73.3572, 73.3573, 73.3574 and 73.3578) are subject to the local public notice provisions of this section, except applications for: (1) A minor change in the facilities of an authorized station, as indicated in �� 73.3571, 73.3572, 73.3573 and 73.3574. (2) Consent to an involuntary assignment or transfer or to a voluntary assignment or transfer which does not result in a
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  • 5272 (1999) (1999 Technical Streamlining First Report and Order). The proposals upon which the Commission has not yet acted pertain to whether the Commission should allow negotiated interference agreements between or among FM broadcast stations to accept new or increased interference in connection with substantial facilities improvements. Technical Streamlining Notice, 13 FCC Rcd at 14857-63, paras. 17-27. 47 C.F.R. �� 73.3571, 73.3573, and 74.1233. 47 C.F.R. � 73.3517. Two applications are ``related'' if the grant of one is necessary to permit the grant of the second application. Thus, the ``lead'' application in a group typically will not be ``contingent'' on any other application, but nevertheless will be counted as a ``related'' application. 1999 Technical Streamlining Report and Order, 14 FCC Rcd
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  • File No. BNP-20001023ACZ ) Facility ID No. 129548 For a Construction Permit for a New AM Station ) at Orlovista, Florida ) MEMORANDUM OPINION AND ORDER Adopted: June 25, 2002 Released: July 3, 2002 By the Commission: 1. We have before us the unopposed April 23, 2001, Request of Star Development Group, Inc. (``Star'') for waiver of 47 C.F.R. � 73.3571(b), the ``Major Change Rule.'' Star requests a waiver of the Major Change Rule in order to allow it to amend its application for a new AM broadcast station at Orlovista, Florida, after close of the applicable filing window, while retaining the application's original filing date. Star seeks to specify operation of its proposed station on 810 kHz rather than 1120
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  • the U.S. Mexican Agreement and the protection requirements for Station XEWK, Guadalajara, Mexico. KCBR-AM denies this allegation. We need not address this issue as it will be resolved in the context of the KCBR-AM proposal. Application for Review at 13. Id. See January 2000 Staff Decision at 2. Id. at 3. Application for Review at 6-7. See 47 C.F.R. � 73.3571(f) (applications will be processed on a first come/first served basis). E.g., Roxanne Givens, 6 FCC Rcd 2961, 2961 (1991); Processing of FM and TV Broadcast Applications, Report and Order, FCC 85-125, 50 Fed. Reg. 19936, 19940 (1985) (adopting ``hard look'' processing policy for FM and TV broadcast applications). 47 C.F.R. � 0.445(e) (unpublished documents may not be relied upon, used
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  • facilities of SRC's station KTCT(AM), San Mateo, California, should be deemed ``cut off'' from competition with subsequently filed mutually exclusive applications. For the reasons discussed below, we deny the application for review. 2. Background. On August 30, 1996, SRC filed an application seeking to change the nighttime antenna system of KTCT (``KTCT Application''), a minor modification as defined by Section 73.3571(a) of our Rules. At that time, AM minor change applications remained subject to mutually exclusive proposals until the staff disposed of the application. On August 29, 1997, Royce filed an application for a major modification to its construction permit for AM Station KIOQ, Folsom, California (``Royce Application''), seeking to move KIOQ to a new site. The Royce Application and the
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  • all other AM and FM protection standards, this rule is asymmetrical. It permits a new station or modification applicant to accept the existing level of interference but generally prohibits any such applicant from entering into, i.e., raising, the twenty-five percent limit of any other station. Petitioners are incorrect, however, when they claim that the rules protect only existing ``stations.'' Section 73.3571(h)(4)(iii) requires an applicant to protect previously filed applications and establishes cut-off rights against subsequently filed applications. 10. It is well established that mutual exclusivity arises when grant of one application would preclude grant of a second. In the instant case, the staff analyzed the daytime, critical hours, and nighttime facilities specified in each application against every other application filed in
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  • Business Administration. A copy of the Second Report & Order and this FRFA (or summaries thereof) will also be published in the Federal Register. APPENDIX C RULE CHANGES Part 73 of Title 47 of the U.S. Code of Federal Regulations is amended as follows: PART 73 - RADIO BROADCAST SERVICES Subpart H - Rules Applicable to All Broadcast Stations Section 73.3571 is amended by revising paragraph (h) to read as follows: � 73.3571 Processing of AM broadcast station applications. * * * * * (h) Processing new and major AM broadcast station applications. (1)(i) The FCC will specify by Public Notice, pursuant to � 73.5002, a period for filing AM applications for a new station or for major modifications in the
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  • would enable him to avoid the possibility of competitive bidding in a future auction, and thus would give him a competitive advantage over applicants who would file in a subsequent AM auction filing window. 16. Waiver Request - Petition for Leave to Amend. In the December 2002 Amendment Petition - Combs's third such request - Combs seeks waiver of Section 73.3571(b) of our Rules, the broadcast application processing rule that we waived in Star Development Group, Inc. He states, for the first time, that he ``originally relied on erroneous information provided by the Commission's database in preparing his original application,'' and that therefore, under Star Development, he is entitled to file a technical amendment to that application. Combs reiterates his contentions
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  • certification of digital exciters and digital-compatible transmitters. How should these rule changes be coordinated with other service rule changes possible in this proceeding? Licensing and Forms Under Section 73.1695 of the Commission's rules, the Commission considers the question of whether a proposed change or modification of a transmission standard for a broadcast station would be in the public interest. Sections 73.3571 and 73.3573 of the Commission's rules discuss the processing of AM and FM broadcast station applications, respectively. We seek comment on what, if anything, the Commission should do to amend or replace these rules in the context of DAB. Section 73.3500 of the Commission's rules lists the applications and report forms that must be filed by an actual or potential
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  • license and international broadcasting stations; low power TV stations; TV and FM translator stations; TV boosters stations; and FM boosters stations. The local public notice must be completed within 30 days of the tendering of the application. In the event the FCC notifies the applicant that a major change is involved, requiring the applicant to file public notice pursuant to ��73.3571, 73.3572, 73.3573 or 73.3578, this filing notice shall be given in a newspaper following this notification. 23. Section � 73.3580(f) is revised to read as follows: (f) The notice required by paragraphs (c) and (d) of this section shall contain, when applicable, the following information, except as otherwise provided in paragraph (d) of this section in regard to renewal applications
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  • proposals. Allocations Third Report, 40 F.C.C. at 758. Modification of FM Broadcast Station Rules to Increase the Availability of Commercial FM Broadcast Assignments, 94 F.C.C.2d 152 (1983), recon. granted in part, 97 F.C.C.2d 279 (1984). Public Notice, ``Consumer and Governmental Affairs Bureau - Reference Information Center Petition for Rulemaking Filed,'' Report No. 2657 (CGB Apr. 22, 2004). 47 C.F.R. �� 73.3571(a)(1), 73.3573(a)(1). 1998 Biennial Regulatory Review - Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, 14 FCC Rcd 5272, 5278 (1999) (``Tech I''). Unlike minor changes, major change applications are subject to a number of statutory requirements. These include providing both a thirty-day public notice period following the acceptance of a major change application and
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  • comparing a bid on the original license with a bid on a reconfigured license. PART 73 - RADIO BROADCAST SERVICES Part 73 of Title 47 of the Code of Federal Regulations is revised to read as follows: 4. The authority citation for Part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334 and 336. 5. Amend � 73.3571 by revising paragraph (h)(4)(ii) to read as follows: � 73.3571 Processing AM broadcast station applications * * * * * (h)(4) * * * * * * * * (ii) Winning bidders are required to pay the balance of their winning bids in a lump sum prior to the deadline established by the Commission pursuant to �1.2109(a). Long-form construction permit
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  • 15 FCC Rcd at 2230. See 2001 D.C. Appropriations Act. See 9/30/04 Ex Parte. See also Testimony of Sakura Saunders, KDRT-LP, LPFM Forum (Feb. 8, 2005); 12/8/04 MAP Ex Parte. See Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Services, 13 FCC Rcd 15920, 15972-74 (1998) and 47 C.F.R. �� 73.3571, 73.3572, and 73.3573; see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, 15 FCC Rcd 7386, 7421 (2000) and 47 C.F.R. � 73.3573(e)(2); see also Report and Order, 15 FCC Rcd at 2254-57 and 47 C.F.R. � 73.870(b). The one exception to this licensing rule is that applications for new FM booster station construction permits, which must operate
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  • ensure that the new station will meet critical safety and informational needs of Rockland County residents. I. BACKGROUND 2. On November 6, 2003, the Media Bureau (``Bureau'') and the Wireless Telecommunications Bureau announced an auction filing window. The window was available for construction permit applications for new AM stations and major modifications to authorized AM facilities, as defined in Section 73.3571(a)(1) of the Commission's Rules. The public notice specifically stated that the window ``will not be available for frequencies in the AM expanded band or for major changes in existing AM expanded band stations,'' citing a previously released February 1, 2002, public notice, which instituted a freeze on the filing of all AM expanded band major change applications. 3. Alexander, licensee
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-163A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-163A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-163A1.txt
  • 73.213 through 73.215. 5. Section 73.1690 is amended by revising paragraph (b) and adding sub-paragraph (9) to read as follows: � 73.1690 Modification of transmission systems. ***** (b) ***** (9) Any change in the community of license, where the proposed new facilities are the same as, or would be mutually exclusive with, the licensee's or permittee's present assignment. 6. Section 73.3571 is amended by revising paragraph (a)(1), and adding new paragraph (j) to read as follows: � 73.3571 Processing of AM broadcast station applications. (a) Applications for AM broadcast facilities are divided into three groups. (1) In the first group are applications for new stations or for major changes in the facilities of authorized stations. A major change for an AM
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-4A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-4A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-4A1.txt
  • amount on a portion of a license is needed to compare with bids on portions of corresponding reconfigured licenses, such as when a withdrawn bid on a license in an auction must be compared to bids on corresponding reconfigured licenses in a later auction; Standardize auction payment rules by conforming rules applicable to broadcast construction permits won at auction, sections 73.3571, 73.3573, 73.5003, 73.5006, and 74.1233, to the final payment procedures in section 1.2109(a); and Enhance the availability of the consortium exception to the designated entity and entrepreneur aggregation rule, section 1.2110(b)(3)(i), by providing further clarity as to its implementation. In particular, we provide that (a) each member or group of members of a winning consortium seeking separate licenses shall file
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-33A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-33A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-33A1.txt
  • of LPFM service in numerous areas across the United States. This Second Order addressed technical, operational, and ownership issues necessary for the further development of the service. Licensing Procedures Under Section 73.1695 of the Commission's rules, the Commission considers whether a proposed change or modification of a transmission standard for a broadcast station would be in the public interest. Sections 73.3571 and 73.3573 of the Commission's rules discuss the processing of AM and FM broadcast station applications, respectively. In the DAB FNPRM, we sought comment on what, if anything, the Commission should do to amend or replace these procedural requirements in the context of DAB. With regard to mandatory paperwork, Section 73.3500 of the Commission's rules lists the applications and report
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  • Supplement''). See Letters from William D. Petterson, Esq., Petterson & Bark (Jan. 15, 2001 and June 6, 2001) (submitted as Exhibit A to First Tolling Request and Exhibit A to Tolling Supplement). See Letter from Fred Nielsen, Village Real Estate (June 6, 2001) (submitted as Exhibit B to Tolling Supplement). See First Tolling Request at 2. See 47 C.F.R. � 73.3571(a)(1). See generally Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, First Report and Order, 13 FCC Rcd 15920, 15973 (1998), recon. granted in part, 14 FCC Rcd 8724 (1999), modified, 14 FCC Rcd 14521 (1999). Letter to Christopher D. Imlay, Esq. (MMB July 30, 2001). Id. See Letter
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-227A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-227A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-227A1.txt
  • we nevertheless uphold the staff's February 9, 1999, re-designation decision in light of the unique circumstances of this particular case, which arose during the time the staff was transitioning to the new and more stringent construction period rules. We direct the Bureau, however, to continue its current policy barring reclassification of modification applications as new station applications. 47 C.F.R. � 73.3571(a) (1996). See 1998 Biennial Regulatory Review - Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, Report and Order, 14 FCC Rcd 5272 (1999) (``Tech I''). Id. at 5284; see also Royce International, supra n. 27, 18 FCC Rcd at 16062. The Royce and Zahn applications were both filed in August 1997. File Nos. BMP-19970829AA
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  • Leave at 3. The May Decision was a staff letter of the type not generally released or placed on a public notice, but rather mailed to parties to the proceeding. New World was not a party. See Broadcast Applications, Public Notice, Report No. 25749 (June 3, 2004). 47 C.F.R. � 1.46(c). See June Decision at 2. See 47 C.F.R. � 73.3571(a)(1) (2004). WDMV(AM)'s operations from the Damascus Site would not provide the community of Walkersville with the requisite city grade signal coverage. Birach failed to take advantage of its opportunity to file a major change application for WDMV(AM) during the AM filing window that opened on January 26, 2004. See Revision of Procedures Governing Amendments to FM Table of Allotments and
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  • (14.3 percent) were ineligible for further processing. The staff also found significant technical deficiencies in 68 of the 230 singleton applicants (29.5 percent) that filed long-form applications, and, to this point, has dismissed 55 singletons altogether, with only 20 original singleton applications still pending. 28. In light of this unacceptably high percentage of defective filings, we tentatively conclude that Section 73.3571(h)(1)(ii) should be modified to require that applicants in future AM broadcast auctions must at the time of filing meet basic technical eligibility criteria, including community of license coverage (day and night), and protection of co- and adjacent-channel stations and prior-filed applications (day and night). We also tentatively conclude that the rules should be modified to prohibit the amendment of applications
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  • Petition to Deny, filed April 20, 2006, by Caledonia (Exhibit B). Family retained Francisco Depousior to provide accountancy services in connection with In re Family Broadcasting, Inc., U.S. Bankruptcy Case Number 105-00004 pending in the U.S. Bankruptcy Court for the District of the Virgin Islands. Second Thursday, 22 FCC 2d at 516. LaRose, 494 F.2d at 1150. 47 C.F.R. �� 73.3571(h)(processing of new and major AM broadcast station applications);73.3573(f)(2) (processing of non-reserved FM broadcast station applications). Second Thursday, 25 FCC 2d at � 7 (resumption of AM service and commencement of FM service cited as public interest consideration which, along with substantial equities in favor of innocent creditors, were found to outweigh any indirect benefits to possible wrongdoers); Public Service Enterprises,
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  • appropriately determined that of the 1,311 tech box proposals filed, 188 were ineligible for further processing. Moreover, applicants failed to submit long-form applications for 91 of the 321 Form 175 singleton proposals. Finally, the staff found technical deficiencies in 68 of the 230 singleton long-form applications. 33. Given the high percentage of defective filings, the Commission tentatively concluded that Section 73.3571(h)(1)(ii) should be modified to require that applicants in future AM broadcast auctions must, at the time of filing, meet the following basic technical eligibility criteria: (1) community of license coverage (day); (2) community of license coverage (night); (3) daytime protection of existing AM facilities and prior-filed proposed AM facilities; and (4) nighttime protection of existing AM facilities and prior-filed proposed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-28A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-28A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-28A1.txt
  • community merits a dispositive Section 307(b) preference, but is not so low as to undermine the statute's general preference for awarding new commercial stations primarily through competitive bidding. An applicant receiving a dispositive Section 307(b) preference under Priority (4) will, of course, be subject to the prohibition on reducing service set forth in the First R&O and codified in Section 73.3571(k)(i) of the Rules. 33. Except under the circumstances outlined above, dispositive Section 307(b) preferences will not be granted under Priority (4). Thus, as is currently the practice, mutually exclusive application groups in which no applicant receives a Section 307(b) preference will proceed to competitive bidding. We will not, however, apply these new procedures to pending applications for new AM stations
• http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.wp
  • and Order in MM Docket 84-750, 50 Fed. Reg. 19936, 19941-42, recon. den., 50 Fed.Reg. 43157 (1985); see also Amendment of the Commission's Rules to Permit FM Channel and Class Modifications by Application, Report and Order in MM Docket 92-159, 8 FCC Rcd 4735, 4738-39 (1993) (minor change applications protected against subsequently-filed, conflicting rulemaking petitions). 75 See 47 C.F.R. �� 73.3571 (Processing of AM broadcast station applications), 73.3573 (NCE FM), and 74.1233 (FM translator). 21 Class C stations not operating at the proposed antenna height minimum to maintain their full Class C status, we propose a three-year transition period to obtain a construction permit specifying an antenna HAAT of at least 451 meters. During the three-year period, each such station would
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • (5) Community of license. (6) File number of application being amended (if known). (7) Date of filing of application being amended (if file number is not known). D. Public Notice Requirements: (1) 47 C.F.R. Section 73.3580 requires that applicants for construction permits for new broadcast stations and for major change in existing broadcast facilities (as defined in 47 C.F.R. Sections 73.3571(a)(1) (for AM applicants), 73.3572(a)(1) (for television applicants), or 73.3573(a) (1) (for FM applicants)) give local notice in a newspaper of general circulation in the community to which the station is licensed. This publication requirement also applies with respect to major amendments as defined in 47 C.F.R. Sections 73.3571(b) (AM), 73.3772(b) (television), and 73.3573(b) (FM). Local notice is also required to
• http://transition.fcc.gov/Reports/biennial2000report.doc http://transition.fcc.gov/Reports/biennial2000report.pdf http://transition.fcc.gov/Reports/biennial2000report.txt
  • 5272 (1999) (1999 Technical Streamlining First Report and Order). The proposals upon which the Commission has not yet acted pertain to whether the Commission should allow negotiated interference agreements between or among FM broadcast stations to accept new or increased interference in connection with substantial facilities improvements. Technical Streamlining Notice, 13 FCC Rcd at 14857-63, �� 17-27. 47 C.F.R. �� 73.3571, 73.3573, and 74.1233. 47 C.F.R. � 73.3517. Two applications are ``related'' if the grant of one is necessary to permit the grant of the second application. Thus, the ``lead'' application in a group typically will not be ``contingent'' on any other application, but nevertheless will be counted as a ``related'' application. 1999 Technical Streamlining Report and Order, 14 FCC Rcd
• http://transition.fcc.gov/fcc-bin/audio/DA-07-1671A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-07-1671A1.pdf
  • by Form 340. See Paragraphs 9-10. Example 19 (Licensed AM proposing CofL change): AM Station X proposes to change its community of license from Smalltown, VA, to Othertown, VA. Procedure: Station A must file Form 301, including the 307(b) information required by Question 12 of Section III-A, and submit the appropriate minor modification application fee. See Paragraphs 9-10 and Section 73.3571(j). Example 20 (New AM permittee proposing CofL change): AM Permittee Y proposes to change its community of license from Smalltown, VA, to Othertown, VA. The Permit was filed as a singleton during an AM auction window. Procedure: Station A must file Form 301, including the 307(b) information required by Question 12 of Section III-A, and submit the appropriate minor modification
• http://transition.fcc.gov/fcc-bin/audio/FCC-06-163A1.doc http://transition.fcc.gov/fcc-bin/audio/FCC-06-163A1.pdf
  • 73.213 through 73.215. 5. Section 73.1690 is amended by revising paragraph (b) and adding sub-paragraph (9) to read as follows: � 73.1690 Modification of transmission systems. ***** (b) ***** (9) Any change in the community of license, where the proposed new facilities are the same as, or would be mutually exclusive with, the licensee's or permittee's present assignment. 6. Section 73.3571 is amended by revising paragraph (a)(1), and adding new paragraph (j) to read as follows: � 73.3571 Processing of AM broadcast station applications. (a) Applications for AM broadcast facilities are divided into three groups. (1) In the first group are applications for new stations or for major changes in the facilities of authorized stations. A major change for an AM
• http://transition.fcc.gov/fcc-bin/audio/FCC-99-55A1.doc http://transition.fcc.gov/fcc-bin/audio/FCC-99-55A1.pdf
  • Act. 1.22 The Final Regulatory Flexibility Analysis, pursuant to the Regulatory Flexibility Act, 5 U.S.C. � 604, is contained in Appendix B. 1.23 Accordingly, IT IS ORDERED that, pursuant to the authority contained in Sections 4(i), 4(j), 303, 308 and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 4(i), 4(j), 303, 308 and 309, Sections 73.3517, 73.3571, 73.3573 and 74.1233 of the Commission's rules, 47 C.F.R. �� 73.3517, 73.3571, 73.3573 and 74.1233, ARE AMENDED as set forth in Appendix C. 1.24 IT IS FURTHER ORDERED that the rule amendments set forth in Appendix C WILL BECOME EFFECTIVE 30 days after their publication in the Federal Register, and the information collection contained in these rules will become effective
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • [648]TEXT [649]PDF 73.3555 Multiple ownership. [650]TEXT [651]PDF 73.3556 Duplication of programming on commonly owned or time brokered stations. [652]TEXT [653]PDF 73.3561 Staff consideration of applications requiring Commission action. [654]TEXT [655]PDF 73.3562 Staff consideration of applications not requiring action by the Commission. [656]TEXT [657]PDF 73.3564 Acceptance of applications. [658]TEXT [659]PDF 73.3566 Defective applications. [660]TEXT [661]PDF 73.3568 Dismissal of applications. [662]TEXT [663]PDF 73.3571 Processing of AM broadcast station applications. [664]TEXT [665]PDF 73.3572 Processing of TV broadcast, Class A TV broadcast, low power TV, TV translators, and TV booster applications. [666]TEXT [667]PDF 73.3573 Processing FM broadcast station applications. [668]TEXT [669]PDF 73.3574 Processing of international broadcast station applications. [670]TEXT [671]PDF 73.3578 Amendments to applications for renewal, assignment or transfer of control. [672]TEXT [673]PDF 73.3580 Local
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  • Order, we replace these disparate filing procedures for the various services with a uniform window filing approach that will facilitate the efficient determination of groups of mutually exclusive applications for auction purposes. 137. In the television, AM and FM translator services, the new window filing approach will replace the existing two-step cut-off list procedures presently utilized. See 47 C.F.R. �� 73.3571; 74.1233. The current 146 LPTV and television translator window filing procedures will be modified to conform with the auction window filing procedures. See 47 C.F.R. � 73.3572(g). In the FM service, as discussed in the Notice, 12 FCC Rcd at 22390 (� 65), the adoption of a fixed period filing window will terminate the ability of applicants to tender new
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  • changes, provided that FM translator stations proposing antenna location changes continue to provide 1 mV/m service to some portion of their authorized 1 mV/m service areas. In addition, the Commission now classifies as "minor" any changes to the hours of authorized operation of AM stations or the addition of nighttime service to daytime only AM stations. See 47 C.F.R. �� 73.3571(a)(1); 74.1233(a)(1). Because minor modification applications may be filed at any time and are governed by first come/first served processing procedures (see supra � 27 n.39), the relief accorded through this technical rulemaking proceeding should significantly assuage petitioners' concerns about restrictions on the filing of modification applications. 2. Protection of Preferred FM Site Coordinates 33. Background. The Notice in this proceeding
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  • Order, we replace these disparate filing procedures for the various services with a uniform window filing approach that will facilitate the efficient determination of groups of mutually exclusive applications for auction purposes. 137. In the television, AM and FM translator services, the new window filing approach will replace the existing two-step cut-off list procedures presently utilized. See 47 C.F.R. �� 73.3571; 74.1233. The current 146 LPTV and television translator window filing procedures will be modified to conform with the auction window filing procedures. See 47 C.F.R. � 73.3572(g). In the FM service, as discussed in the Notice, 12 FCC Rcd at 22390 (� 65), the adoption of a fixed period filing window will terminate the ability of applicants to tender new
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  • changes, provided that FM translator stations proposing antenna location changes continue to provide 1 mV/m service to some portion of their authorized 1 mV/m service areas. In addition, the Commission now classifies as "minor" any changes to the hours of authorized operation of AM stations or the addition of nighttime service to daytime only AM stations. See 47 C.F.R. �� 73.3571(a)(1); 74.1233(a)(1). Because minor modification applications may be filed at any time and are governed by first come/first served processing procedures (see supra � 27 n.39), the relief accorded through this technical rulemaking proceeding should significantly assuage petitioners' concerns about restrictions on the filing of modification applications. 2. Protection of Preferred FM Site Coordinates 33. Background. The Notice in this proceeding
• http://wireless.fcc.gov/auctions/32/releases/da001582.doc http://wireless.fcc.gov/auctions/32/releases/da001582.pdf http://wireless.fcc.gov/auctions/32/releases/da001582.txt
  • of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, Reexamination of the Policy Statement on Comparative Broadcast Hearings, Proposals to Reform the Commission's Comparative Hearing Process to Expedite the Resolution of Cases, First Report and Order, 13 FCC Rcd 15920, 15974, 15975 (1998) (``First Report and Order''); 47 C.F.R. � 73.3571(h)(ii). In recently completed Closed Broadcast Auctions No. 25, No. 27 and No. 28, applicants who had previously submitted long form applications were subsequently required to file FCC Forms 175 to participate in a closed broadcast auction. Applicants were eligible to bid only on those construction permits for which they had previously filed long form applications. See First Report and Order,
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  • C.F.R. � 1.1104. Method and form of payment is addressed in 47 C.F.R. �� 1.1109, 1.1110. See also the Mass Media Services Application Fee Filing Guide and the FCC Form 301 instructions. The Commission has significantly revised FCC Form 301 and/or the fee schedule since these applications were filed. See 47 C.F.R. �� 73.3518 and 73.3520. See 47 C.F.R. � 73.3571. All filings delivered in this manner must be in an envelope clearly marked for the ``Federal Communications Commission'' addressed to the attention of ``Wholesale Lockbox Shift Supervisor,'' and identified with the appropriate Post Office Box address as set forth in the fee schedule at 47 C.F.R. � 1.1104. See 47 C.F.R. � 0.401(b). See 47 C.F.R. � 73.5005. Pursuant to
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  • changes, provided that FM translator stations proposing antenna location changes continue to provide 1 mV/m service to some portion of their authorized 1 mV/m service areas. In addition, the Commission now classifies as "minor" any changes to the hours of authorized operation of AM stations or the addition of nighttime service to daytime only AM stations. See 47 C.F.R. �� 73.3571(a)(1); 74.1233(a)(1). Because minor modification applications may be filed at any time and are governed by first come/first served processing procedures (see supra � 27 n.39), the relief accorded through this technical rulemaking proceeding should significantly assuage petitioners' concerns about restrictions on the filing of modification applications. 2. Protection of Preferred FM Site Coordinates 33. Background. The Notice in this proceeding
• http://wireless.fcc.gov/auctions/82/releases/d011300a.pdf
  • AM Radio - AM; FM Radio - FM; Full Power Television - PST; FM Translator - FMT; TV Translator and Low Power Television SST. Use a separate line for each different facility. Indicate whether the facility for which you want to bid is a new facility or a "major modification" to an existing facility, as defined in 47 C.F.R. � 73.3571(a)(1) (AM Radio), � 73.3572(a)(1) (Full Power Television, Low Power Television and Television Translators), � 73.3573(a)(1) (FM Radio), and � 74.1233(a)(1) (FM Translators). If you intend to bid on an AM Radio facility, enter the Frequency of that facility; otherwise enter the Channel number. Enter the Community of License (both City and State) of the facility for which you intend to
• http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
  • authority to conduct auctions. 47 C.F.R. � 0.331(d); see supra note 9. Section 22.962 is also removed because it is redundant with section 1.2104. 47 C.F.R. �� 1.2104, 22.962; see paragraph 8. 25 47 C.F.R. �� 1.2107(e), 1.2110(f)(3)(ii)(B), (f)(3)(iii)-(iv), (vii), 21.956(b)(3), 21.960(b)(4), 22.223(b)(3), 24.321(c)(1), 24.709, 24.711(b)-(b)(2), 24.712(a)-(b), 24.714(d)(1), (d)(2)(i), (iii), (d)(3)(i), (ii), 24.716(b)-(b)(2), 24.717(a)-(b), 24.720(b)(5), (c)(2), (j)(2), (k)(4), (n)(3)-(4), 27.15(d)-(e), 73.3571(h)(4)(i), 73.3573(f)(5)(ii), 73.5005(a), 73.5006(d), 80.1252(d), 90.705, 90.813(d)(2)(ii)-(iv), (3)(ii), (e), (f), 90.814(a)(3), 90.910(a), 90.1017(a), 90.1025(b), 90.1103(d), 95.816(e), 95.823(c)(2)(i), (iii), (3), 101.538(c), and 101.1319(b). 26 Thus, to opt out of a particular Part 1 general competitive bidding rule, the service-specific competitive bidding rule need only specify the provision that is not applicable. For example, the Part 1 unjust enrichment provisions contained in section
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.pdf http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.txt http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.wp
  • and Order in MM Docket 84-750, 50 Fed. Reg. 19936, 19941-42, recon. den., 50 Fed.Reg. 43157 (1985); see also Amendment of the Commission's Rules to Permit FM Channel and Class Modifications by Application, Report and Order in MM Docket 92-159, 8 FCC Rcd 4735, 4738-39 (1993) (minor change applications protected against subsequently-filed, conflicting rulemaking petitions). 75 See 47 C.F.R. �� 73.3571 (Processing of AM broadcast station applications), 73.3573 (NCE FM), and 74.1233 (FM translator). 21 Class C stations not operating at the proposed antenna height minimum to maintain their full Class C status, we propose a three-year transition period to obtain a construction permit specifying an antenna HAAT of at least 451 meters. During the three-year period, each such station would
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • (5) Community of license. (6) File number of application being amended (if known). (7) Date of filing of application being amended (if file number is not known). D. Public Notice Requirements: (1) 47 C.F.R. Section 73.3580 requires that applicants for construction permits for new broadcast stations and for major change in existing broadcast facilities (as defined in 47 C.F.R. Sections 73.3571(a)(1) (for AM applicants), 73.3572(a)(1) (for television applicants), or 73.3573(a) (1) (for FM applicants)) give local notice in a newspaper of general circulation in the community to which the station is licensed. This publication requirement also applies with respect to major amendments as defined in 47 C.F.R. Sections 73.3571(b) (AM), 73.3772(b) (television), and 73.3573(b) (FM). Local notice is also required to
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99055.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99055.txt http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99055.wp
  • except by elimination of the mutual exclusivity through technical amendment, settlement between the applicants, auction or other means. See infra, n. 4 and accompanying text. Under the first come/first served processing system, mutual exclusivity between minor change applications arises only where conflicting minor change applications are filed on the same day. See 47 C.F.R. � 73.3573(f)(1). 3 47 C.F.R. �� 73.3571 (Processing of AM broadcast station applications), 73.3573 (NCE FM), and 74.1233 (FM translators). 4 See Notice of Proposed Rule Making in MM Docket No. 97-234, 12 FCC Rcd 22363, 22364-67 (1997), regarding problems with the traditional comparative broadcast hearing process. The Commission concluded in the First Report and Order in MM Docket No. 97-234, 13 FCC Rcd 15920, 15928-30 (1998),
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da002142.doc http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da002142.pdf
  • C.F.R. � 1.1104. Method and form of payment is addressed in 47 C.F.R. �� 1.1109, 1.1110. See also the Mass Media Services Application Fee Filing Guide and the FCC Form 301 instructions. The Commission has significantly revised FCC Form 301 and/or the fee schedule since these applications were filed. See 47 C.F.R. �� 73.3518 and 73.3520. See 47 C.F.R. � 73.3571. All filings delivered in this manner must be in an envelope clearly marked for the ``Federal Communications Commission'' addressed to the attention of ``Wholesale Lockbox Shift Supervisor,'' and identified with the appropriate Post Office Box address as set forth in the fee schedule at 47 C.F.R. � 1.1104. See 47 C.F.R. � 0.401(b). See 47 C.F.R. � 73.5005. Pursuant to
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/pnmm0059.doc
  • hereby given that the applications listed in the attached appendix are hereby accepted for filing. Petitions to deny the applications listed in the attached appendix and minor amendments thereto must be on file with the Commission not later than the close of business on September 8, 2000. Amendments filed pursuant to this notice are subject to the provisions of Sections 73.3571,73.3573 and 74.1233 of the Commission Rules. FCC Attachment APPENDIX BNPED-20000420ABL NEW Okoboji, IA Western Iowa Tech Community College REQ: Channel No. 214A BMPH-19961118MB NEW Jackson, WY Jackson Radio Company, LLC REQ: Channel No. 258A BP-19971103AC NEW Honolulu, HI George S. Flinn, Jr. REQ: 1130 KHz, 5.0 KW, 10.0K-ND.1-U BMAP-19990701AA WRNC Warner Robins, Georgia Taylor Broadcasting of Macon, Inc. HAS: 1670
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/pnmm0065.doc
  • hereby given that the applications listed in the attached appendix are hereby accepted for filing. Petitions to deny the applications listed in the attached appendix and minor amendments thereto must be on file with the Commission not later than the close of business on September 8, 2000. Amendments filed pursuant to this notice are subject to the provisions of Sections 73.3571,73.3573 and 74.1233 of the Commission Rules. FCC Attachment APPENDIX BNPED-20000420ABL NEW Okoboji, IA Western Iowa Tech Community College REQ: Channel No. 214A BMPH-19961118MB NEW Jackson, WY Jackson Radio Company, LLC REQ: Channel No. 258A BP-19971103AC NEW Honolulu, HI George S. Flinn, Jr. REQ: 1130 KHz, 5.0 KW, 10.0K-ND.1-U BMAP-19990701AA WRNC Warner Robins, Georgia Taylor Broadcasting of Macon, Inc. HAS: 1670
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001582.doc
  • of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, Reexamination of the Policy Statement on Comparative Broadcast Hearings, Proposals to Reform the Commission's Comparative Hearing Process to Expedite the Resolution of Cases, First Report and Order, 13 FCC Rcd 15920, 15974, 15975 (1998) (``First Report and Order''); 47 C.F.R. � 73.3571(h)(ii). In recently completed Closed Broadcast Auctions No. 25, No. 27 and No. 28, applicants who had previously submitted long form applications were subsequently required to file FCC Forms 175 to participate in a closed broadcast auction. Applicants were eligible to bid only on those construction permits for which they had previously filed long form applications. See First Report and Order,
• http://www.fcc.gov/Forms/Form175/175.pdf
  • AM Radio - AM; FM Radio - FM; Full Power Television - PST; FM Translator - FMT; TV Translator and Low Power Television SST. Use a separate line for each different facility. Indicate whether the facility for which you want to bid is a new facility or a "major modification" to an existing facility, as defined in 47 C.F.R. � 73.3571(a)(1) (AM Radio), � 73.3572(a)(1) (Full Power Television, Low Power Television and Television Translators), � 73.3573(a)(1) (FM Radio), and � 74.1233(a)(1) (FM Translators). If you intend to bid on an AM Radio facility, enter the Frequency of that facility; otherwise enter the Channel number. Enter the Community of License (both City and State) of the facility for which you intend to
• http://www.fcc.gov/Forms/Form301/301.pdf
  • an appropriate request for waiver of the electronic filing requirement. Applicants can access the electronic filing system via the Internet from the Media Bureau's Website at: http://www.fcc.gov/mb. E. Public Notice Requirements: (1) 47 C.F.R. Section 73.3580 requires that applicants for construction permits for new broadcast stations and for major change in existing broadcast facilities (as defined in 47 C.F.R. Sections 73.3571(a)(1) (for AM applicants), 73.3572(a)(1) (for television applicants), or 73.3573(a) (1) (for FM applicants)) give local notice in a newspaper of general circulation in the community to which the station is licensed. This publication requirement also applies with respect to major amendments as defined in 47 C.F.R. Sections 73.3571(b) (AM), 73.3772(b) (television), and 73.3573(b) (FM). This publication requirement also applies with
• http://www.fcc.gov/fcc-bin/audio/DA-06-2086A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-2086A1.pdf
  • assigned the licenses of the two stations previously licensed to Evans: WRMO(FM), Millbridge, Maine (File No. BALH-20060605AAM) and KHAM(FM), Britt, Iowa (File No. BALH-20060605AAN). Domiciliary Letters, Form PR-1906, Case No. 06PR57, State of Wisconsin, Circuit Court, Brown County, May 22, 2006. 47 C.F.R. � 73.3541. See, e.g., Rose Broadcasting Co., 68 FCC 2d 1242, 1246-47 (1978). See 47 C.F.R. � 73.3571(a)(1) (major change in ownership occurs when the original party or parties to the application do not retain more than 50 percent ownership interest in the application as originally filed). See 47 C.F.R. � 73.3571(b)(2). Prior to the adoption of competitive bidding rules, broadcast application processing rules provided that a new file number would be assigned to an application for a
• http://www.fcc.gov/fcc-bin/audio/DA-08-161A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-161A1.pdf
  • did not amend the Application until December 8, 2006, almost eight months after the sale was consummated, and only then after being prompted by two separate Bureau inquiry letters. Letter to Mark N. Lipp, Esq., Ref. No. 1800B3-EAL (MB June 1, 2006). Letter to Mark N. Lipp, Esq., Ref. No. 1800B3-EAL (MB Oct. 17, 2006). See also 47 C.F.R. � 73.3571(c) (application for changes in the facilities of an existing station will continue to carry the same file number even though the Commission has approved an assignment of the station license if, upon consummation, the application is amended to reflect the new ownership). Engineering Statement, Attachment 11 to amended application, at 3. PAR's Petition to Deny is untimely as to the
• http://www.fcc.gov/fcc-bin/audio/DA-08-1874A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1874A1.pdf
  • Newark, NJ, facilities authorized by construction permit File No. BP-20070117AFN are granted. See condition #8 on WNSW construction permit File No. BP-20070117AFN for more information. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau 47 C.F.R. � 73.3555, Note 4. The Application and Waiver Request are uncontested. The Application was filed as a minor modification application in accordance with Section 73.3571(j) of the Commission's Rules. See 47 C.F.R. � 73.3571(j). See BIA Database Report, FCC Geographic Market Definition for New York, NY. See 47 C.F.R. � 73.3555(a)(1). MRBL is the licensee of: WJDM(AM), Elizabeth, New Jersey; WZRC(AM), New York, New York; WNSW(AM), Newark, New Jersey; WPAT(AM), Paterson, New Jersey; WWRU(AM), Jersey City, New Jersey; and the subject station, WNYG(AM), Babylon, New
• http://www.fcc.gov/fcc-bin/audio/DA-08-2446A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-2446A1.pdf
  • Secretary, FCC, from Mark N. Lipp (Jul. 3, 2007). Petitioner calculates the proposed expiration date of November 12, 2008 by adding the permit's remaining one year, seven months, and fifteen days from the date the Court of Appeals of the State of Georgia handed down its decision in the matter, March 28, 2007. WBIC(AM) Reply at 2. 47 C.F.R. � 73.3571(f). See, e.g., Robert E. Combs, Memorandum Opinion and Order, 19 FCC Rcd 13421, 13426, � 10 (2004) (holding that, ``[I]t is fundamentally unfair selectively to allow an applicant to obtain a construction permit outside the auction process, while requiring all other similarly situated applicants to comply with our competitive bidding rules.''); Amendments of Parts 1 and 90 of the Commission's
• http://www.fcc.gov/fcc-bin/audio/DA-08-494A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-494A1.pdf
  • in Greenville, Alabama losing one of only three local services. GEMB's allegation is misplaced. A grant of the license renewal application is not materially related to the grant of Williamson's major modification application. The pending major modification application is mutually exclusive with several other proposals filed in the AM Auction 84 filing window and will be considered independently under Section 73.3571(h) of the Rules. Should GEMB wish to oppose Williamson's major modification application, it should file an objection in that proceeding in connection with the filing of a Williamson ``long form'' application. 7. Proposed Forfeiture. In this case, the Licensee has admitted that it failed to timely file a license renewal application for WGYV(AM), as required by Section 73.3539(a) of the
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  • the U.S. Mexican Agreement and the protection requirements for Station XEWK, Guadalajara, Mexico. KCBR-AM denies this allegation. We need not address this issue as it will be resolved in the context of the KCBR-AM proposal. Application for Review at 13. Id. See January 2000 Staff Decision at 2. Id. at 3. Application for Review at 6-7. See 47 C.F.R. � 73.3571(f) (applications will be processed on a first come/first served basis). E.g., Roxanne Givens, 6 FCC Rcd 2961, 2961 (1991); Processing of FM and TV Broadcast Applications, Report and Order, FCC 85-125, 50 Fed. Reg. 19936, 19940 (1985) (adopting ``hard look'' processing policy for FM and TV broadcast applications). 47 C.F.R. � 0.445(e) (unpublished documents may not be relied upon, used
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  • certification of digital exciters and digital-compatible transmitters. How should these rule changes be coordinated with other service rule changes possible in this proceeding? Licensing and Forms Under Section 73.1695 of the Commission's rules, the Commission considers the question of whether a proposed change or modification of a transmission standard for a broadcast station would be in the public interest. Sections 73.3571 and 73.3573 of the Commission's rules discuss the processing of AM and FM broadcast station applications, respectively. We seek comment on what, if anything, the Commission should do to amend or replace these rules in the context of DAB. Section 73.3500 of the Commission's rules lists the applications and report forms that must be filed by an actual or potential
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  • license and international broadcasting stations; low power TV stations; TV and FM translator stations; TV boosters stations; and FM boosters stations. The local public notice must be completed within 30 days of the tendering of the application. In the event the FCC notifies the applicant that a major change is involved, requiring the applicant to file public notice pursuant to ��73.3571, 73.3572, 73.3573 or 73.3578, this filing notice shall be given in a newspaper following this notification. 23. Section � 73.3580(f) is revised to read as follows: (f) The notice required by paragraphs (c) and (d) of this section shall contain, when applicable, the following information, except as otherwise provided in paragraph (d) of this section in regard to renewal applications
• http://www.fcc.gov/fcc-bin/audio/FCC-05-120A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-05-120A1.pdf
  • proposals. Allocations Third Report, 40 F.C.C. at 758. Modification of FM Broadcast Station Rules to Increase the Availability of Commercial FM Broadcast Assignments, 94 F.C.C.2d 152 (1983), recon. granted in part, 97 F.C.C.2d 279 (1984). Public Notice, ``Consumer and Governmental Affairs Bureau - Reference Information Center Petition for Rulemaking Filed,'' Report No. 2657 (CGB Apr. 22, 2004). 47 C.F.R. �� 73.3571(a)(1), 73.3573(a)(1). 1998 Biennial Regulatory Review - Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, 14 FCC Rcd 5272, 5278 (1999) (``Tech I''). Unlike minor changes, major change applications are subject to a number of statutory requirements. These include providing both a thirty-day public notice period following the acceptance of a major change application and
• http://www.fcc.gov/fcc-bin/audio/FCC-06-125A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-06-125A1.pdf
  • ensure that the new station will meet critical safety and informational needs of Rockland County residents. I. BACKGROUND 2. On November 6, 2003, the Media Bureau (``Bureau'') and the Wireless Telecommunications Bureau announced an auction filing window. The window was available for construction permit applications for new AM stations and major modifications to authorized AM facilities, as defined in Section 73.3571(a)(1) of the Commission's Rules. The public notice specifically stated that the window ``will not be available for frequencies in the AM expanded band or for major changes in existing AM expanded band stations,'' citing a previously released February 1, 2002, public notice, which instituted a freeze on the filing of all AM expanded band major change applications. 3. Alexander, licensee
• http://www.fcc.gov/fcc-bin/audio/FCC-06-163A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-06-163A1.pdf
  • 73.213 through 73.215. 5. Section 73.1690 is amended by revising paragraph (b) and adding sub-paragraph (9) to read as follows: � 73.1690 Modification of transmission systems. ***** (b) ***** (9) Any change in the community of license, where the proposed new facilities are the same as, or would be mutually exclusive with, the licensee's or permittee's present assignment. 6. Section 73.3571 is amended by revising paragraph (a)(1), and adding new paragraph (j) to read as follows: � 73.3571 Processing of AM broadcast station applications. (a) Applications for AM broadcast facilities are divided into three groups. (1) In the first group are applications for new stations or for major changes in the facilities of authorized stations. A major change for an AM
• http://www.fcc.gov/fcc-bin/audio/FCC-08-13A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-13A1.pdf
  • Supplement''). See Letters from William D. Petterson, Esq., Petterson & Bark (Jan. 15, 2001 and June 6, 2001) (submitted as Exhibit A to First Tolling Request and Exhibit A to Tolling Supplement). See Letter from Fred Nielsen, Village Real Estate (June 6, 2001) (submitted as Exhibit B to Tolling Supplement). See First Tolling Request at 2. See 47 C.F.R. � 73.3571(a)(1). See generally Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, First Report and Order, 13 FCC Rcd 15920, 15973 (1998), recon. granted in part, 14 FCC Rcd 8724 (1999), modified, 14 FCC Rcd 14521 (1999). Letter to Christopher D. Imlay, Esq. (MMB July 30, 2001). Id. See Letter
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  • we nevertheless uphold the staff's February 9, 1999, re-designation decision in light of the unique circumstances of this particular case, which arose during the time the staff was transitioning to the new and more stringent construction period rules. We direct the Bureau, however, to continue its current policy barring reclassification of modification applications as new station applications. 47 C.F.R. � 73.3571(a) (1996). See 1998 Biennial Regulatory Review - Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, Report and Order, 14 FCC Rcd 5272 (1999) (``Tech I''). Id. at 5284; see also Royce International, supra n. 27, 18 FCC Rcd at 16062. The Royce and Zahn applications were both filed in August 1997. File Nos. BMP-19970829AA
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  • Leave at 3. The May Decision was a staff letter of the type not generally released or placed on a public notice, but rather mailed to parties to the proceeding. New World was not a party. See Broadcast Applications, Public Notice, Report No. 25749 (June 3, 2004). 47 C.F.R. � 1.46(c). See June Decision at 2. See 47 C.F.R. � 73.3571(a)(1) (2004). WDMV(AM)'s operations from the Damascus Site would not provide the community of Walkersville with the requisite city grade signal coverage. Birach failed to take advantage of its opportunity to file a major change application for WDMV(AM) during the AM filing window that opened on January 26, 2004. See Revision of Procedures Governing Amendments to FM Table of Allotments and
• http://www.fcc.gov/fcc-bin/audio/FCC-10-102A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-10-102A1.pdf
  • Petition to Deny, filed April 20, 2006, by Caledonia (Exhibit B). Family retained Francisco Depousior to provide accountancy services in connection with In re Family Broadcasting, Inc., U.S. Bankruptcy Case Number 105-00004 pending in the U.S. Bankruptcy Court for the District of the Virgin Islands. Second Thursday, 22 FCC 2d at 516. LaRose, 494 F.2d at 1150. 47 C.F.R. �� 73.3571(h)(processing of new and major AM broadcast station applications);73.3573(f)(2) (processing of non-reserved FM broadcast station applications). Second Thursday, 25 FCC 2d at � 7 (resumption of AM service and commencement of FM service cited as public interest consideration which, along with substantial equities in favor of innocent creditors, were found to outweigh any indirect benefits to possible wrongdoers); Public Service Enterprises,
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • [648]TEXT [649]PDF 73.3555 Multiple ownership. [650]TEXT [651]PDF 73.3556 Duplication of programming on commonly owned or time brokered stations. [652]TEXT [653]PDF 73.3561 Staff consideration of applications requiring Commission action. [654]TEXT [655]PDF 73.3562 Staff consideration of applications not requiring action by the Commission. [656]TEXT [657]PDF 73.3564 Acceptance of applications. [658]TEXT [659]PDF 73.3566 Defective applications. [660]TEXT [661]PDF 73.3568 Dismissal of applications. [662]TEXT [663]PDF 73.3571 Processing of AM broadcast station applications. [664]TEXT [665]PDF 73.3572 Processing of TV broadcast, Class A TV broadcast, low power TV, TV translators, and TV booster applications. [666]TEXT [667]PDF 73.3573 Processing FM broadcast station applications. [668]TEXT [669]PDF 73.3574 Processing of international broadcast station applications. [670]TEXT [671]PDF 73.3578 Amendments to applications for renewal, assignment or transfer of control. [672]TEXT [673]PDF 73.3580 Local
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • [601]TEXT [602]PDF 73.3555 Multiple ownership. [603]TEXT [604]PDF 73.3556 Duplication of programming on commonly owned or time brokered stations. [605]TEXT [606]PDF 73.3561 Staff consideration of applications requiring Commission action. [607]TEXT [608]PDF 73.3562 Staff consideration of applications not requiring action by the Commission. [609]TEXT [610]PDF 73.3564 Acceptance of applications. [611]TEXT [612]PDF 73.3566 Defective applications. [613]TEXT [614]PDF 73.3568 Dismissal of applications. [615]TEXT [616]PDF 73.3571 Processing of AM broadcast station applications. [617]TEXT [618]PDF 73.3572 Processing of TV broadcast, Class A TV broadcast, low power TV, TV translators, and TV booster applications. [619]TEXT [620]PDF 73.3573 Processing FM broadcast station applications. [621]TEXT [622]PDF 73.3574 Processing of international broadcast station applications. [623]TEXT [624]PDF 73.3578 Amendments to applications for renewal, assignment or transfer of control. [625]TEXT [626]PDF 73.3580 Local
• http://www.fcc.gov/ogc/documents/opinions/1998/elec_eng.html http://www.fcc.gov/ogc/documents/opinions/1998/elec_eng.wp
  • be considered newly filed as of the date of the filing of the amendment. 47 C.F.R. 1.918(b); see also 47 C.F.R. 90.165(d)(1) (1997). EEC cites to a number of scattered provisions, many of which do not involve private radio services, to make the point that a change in frequency constitutes a substantial amendment to an application. See 47 C.F.R. 1.962(c)(1), 73.3571(a)(1), 73.3572(a)(1)(i), 73.3573(a)(1), 74.911(a)(1), 74.1233(a)(1); see also 22.123(e)(6), 90.164(a), 90.165(d) (1997). EEC concludes from these provisions that PCIA's changes to PageMart's applications amounted to substantial amendments, which moved PageMart's applications to the end of the queue and thus behind the application submitted by EEC. Like the argument about the signature requirement, this argument fails because the rules cited by EEC apply