FCC Web Documents citing 73.5002

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

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  • be included in the March 21, 2000 auction. Pursuant to the December 23rd Public Notice, those applicants that did not settle with the other applicants in their mutually exclusive application groups and that intended to participate in the auction were required to submit an FCC Form 175 by 5:30 PM ET on February 18, 2000. See also 47 C.F.R. � 73.5002(b) and Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, First Report and Order, MM Docket No. 97-234, 13 FCC Rcd 15920 (1998). The December 23rd Public Notice stated that those applicants that did not submit an FCC Form 175 by the February 18, 2000 deadline would have their
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  • filing of the FCC Form 175 application is included as Attachment E to this Public Notice. Technical support is available at (202) 414-1250 (voice) or (202) 414-1255 (text telephone (TTY)); the hours of service are 7 a.m. - 10 p.m. EST, Monday - Friday. (2) Completion of the FCC Form 175 Applicants should carefully review 47 C.F.R. Sections 1.2105 and 73.5002 and must complete all items on the FCC Form 175. Detailed instructions for completing the FCC Form 175 are in Attachment C of this Public Notice. The FCC Form 175 is not submitted to the FCC until an applicant receives confirmation from the filing system that the form has been received by the Commission. Prohibition of Collusion To ensure the
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  • a period for filing 47 U.S.C. � 307(b) supplementary information, if relevant; the deadline for both is December 29, 2000. Anti-Collusion Rule. The prohibition of collusion set forth in 47 C.F.R. � 1.2105(c) becomes effective upon the filing of FCC Form 175, Application to Participate in an FCC Auction, and applies to all broadcast service auctions. See 47 C.F.R. � 73.5002(d). However, in certain circumstances, the Commission will allow a limited opportunity to settle, or otherwise resolve mutual exclusivities by means of engineering solutions, following the filing of the FCC Form 175 applications. Specifically, mutually exclusive groups listed in Attachment A consisting of either (1) major modification AM applications that are mutually exclusive with each other; or (2) major modification and
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  • has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same market. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Sections 1.2105(c) and 73.5002. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of
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  • staff will request complete FCC Form 346's upon confirmation that the engineering submission does, in fact, resolve the specific mutual exclusivity. Technical amendments submitted by applicants to resolve their mutual exclusivities must be minor, as defined by the applicable rules, and must not create new mutual exclusivity or application conflict. Consistent with the Broadcast First Report and Order and Section 73.5002 of the Commission's Rules, such engineering submissions must resolve the mutual exclusivities for the entire mutually exclusive group. Therefore, except as provided below, no ``partial settlements'' (which reduce the number of proposals in a group, but which do not completely resolve the mutual exclusivity of that group) will be permitted. Certain groups in Attachment A contain ``daisy chains'' of mutual
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  • receipt recommended), addressed to: FCC Form 175 Filing Auction No. 82 Federal Communications Commission Wireless Telecommunications Bureau Auctions and Industry Analysis Division 1270 Fairfield Road Gettysburg, PA 17325-7245 NOTE: Applications delivered to any other location or applications sent via facsimile will not be accepted. (2) Completion of the FCC Form 175 Applicants should carefully review 47 C.F.R. Sections 1.2105 and 73.5002 and must complete all items on the FCC Form 175. Detailed instructions for completing the FCC Form 175 are listed Attachment B of this Public Notice. Failure to sign the FCC Form 175 will result in dismissal of the application and loss of the ability to participate in the auction. Only original signatures will be accepted for filed applications. 4
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  • the related FCC Form 175. A courtesy copy of any Form 175/Form 301 application package filed during the window should also be sent to Elizabeth Robinson, Federal Communications Commission, Mass Media Bureau, Audio Services Division, Room 2-B450, 445 12th Street, S.W., Washington, D.C. 20554. (3) Completion of the FCC Form 175 Applicants should carefully review 47 C.F.R. Sections 1.2105 and 73.5002 and must complete all items on the FCC Form 175. Detailed instructions for completing the FCC Form 175 are listed in Attachment B of this Public Notice. Failure to sign the FCC Form 175 will result in dismissal of the application and loss of the ability to participate in the auction. Only original signatures will be accepted for filed applications.
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  • Telephone Company v. Federal Communications Commission, 220 F. 3d 601 (2000) (rejecting an argument that the Commission's procedures artificially created artificial or phantom mutual exclusivity). 47 U.S.C. � 309(j)(1); see also Broadcast First Report and Order, 13 FCC Rcd at 15974, 15980, �� 142, 154; Broadcast MO&O, 14 FCC Rcd at 8751, �� 54-55 n. 77, 78; 47 C.F.R. � 73.5002(a)(b); 47 U.S.C. � 309(j)(1); July 9th Public Notice, 14 FCC Rcd at 10646-10648. The September 3rd Public Notice listed applicants who were disqualified from participation in Auction No. 25 because mutually exclusive applications were not filed for their respective MX Groups. September 3rd Public Notice, 14 FCC Rcd at 14114, 14151-14153 (1999); see also KDTV, DA 00-627, 15 FCC Rcd
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  • 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 Mutually
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  • Bur. and W.T. Bur. 1999). Bidders must have sufficient eligibility to place a bid on the particular construction permit. See Section I.B ``Upfront Payments and Initial Maximum Eligibility,'' supra. See Section I.C. ``Activity Rules,'' supra. See 47 C.F.R. � 1.2104(e). See Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules, Public Notice, 11 FCC Rcd 9645 (1995). See 47 C.F.R. � 73.5002(d). In certain circumstances in Auction No. 32, however, the Commission allowed limited opportunities to settle or otherwise resolve mutual exclusivities by means of engineering solutions following the filing of FCC Form 175 applications. See AM Auction No. 32 Mutually Exclusive Applicants Subject to Auction, Public Notice, 15 FCC Rcd 20449 (2000). The three MX Groups listed in Attachment A to
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  • Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, Memorandum Opinion and Order, 14 FCC Rcd 12541 (1999) (``New Entrant Bidding Credit Reconsideration Order''). 47 C.F.R. � 1.2105(c). AM Auction Filing Window and Application Freeze, Public Notice, 14 FCC Rcd 19490 (1999) (``Auction Filing Window Public Notice''). See 47 C.F.R. � 73.5002(d). In certain circumstances in Auction No. 32, however, the Commission allowed limited opportunities to settle or otherwise resolve mutual exclusivities by means of engineering solutions following the filing of FCC Form 175 applications. See AM Auction No. 32 Mutually Exclusive Applicants Subject to Auction, Public Notice, 15 FCC Rcd 20449 (2000). The three MX Groups listed in Attachment A to
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  • the exhibits identified in � 73.5005(a). * * * * * Amend � 73.3572 by revising paragraphs (e) and (f) to read as follows: � 73.3572 Processing of TV Broadcast, Class A TV Broadcast, low power TV, TV translator and TV booster station applications. * * * * * (e) The FCC will specify by Public Notice, pursuant to � 73.5002, a period for filing applications for a new non-reserved television, low power TV and TV translator stations or for major modifications in the facilities of such authorized stations and major modifications in the facilities of Class A TV stations. (f) Applications for minor modification of Class A TV, low power TV, TV translator and TV booster stations may be filed
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  • the exhibits identified in � 73.5005(a). * * * * * Amend � 73.3572 by revising paragraphs (e) and (f) to read as follows: � 73.3572 Processing of TV Broadcast, Class A TV Broadcast, low power TV, TV translator and TV booster station applications. * * * * * (e) The FCC will specify by Public Notice, pursuant to � 73.5002, a period for filing applications for a new non-reserved television, low power TV and TV translator stations or for major modifications in the facilities of such authorized stations and major modifications in the facilities of Class A TV stations. (f) Applications for minor modification of Class A TV, low power TV, TV translator and TV booster stations may be filed
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  • agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same market. By signing their FCC Form 175 applications, applicants are certifying their compliance with Sections 1.2105(c) and 73.5002. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 and 1.2105 require an auction applicant to notify the Commission of any
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  • determine the existence of pending proceedings that might affect their decisions regarding participation in the auction. Participants in Auction No. 54 are strongly encouraged to continue such research during the auction. For further details regarding due diligence, please refer to the Auction No. 54 Procedures Public Notice under Section I.B.3. Prohibition of Collusion: Bidders are reminded that Sections 1.2105(c) and 73.5002 of the Commission's rules prohibits applicants for the same market from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 54, this prohibition became effective at the short-form application filing deadline on Friday, June 20,
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  • for Friday, July 18, 2003, will be: Round 1 Bidding Period 9:00 a.m. - 10:00 a.m. ET Round 2 Bidding Period 11:00 a.m. - 11:30 a.m. ET Round 3 Bidding Period 1:30 p.m. - 2:00 p.m. ET Round 4 Bidding Period 3:00 p.m. - 3:15 p.m. ET OTHER IMPORTANT INFORMATION Prohibition of Collusion. Bidders are reminded that Sections 1.2105(c) and 73.5002 of the Commission's rules prohibits applicants for the same market from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 54, this prohibition became effective at the short-form application filing deadline on Friday, June 20,
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  • AM Expanded Band Major Change Applications,'' 17 FCC Rcd 1806 (MMB 2002) (freeze effective February 1, 2002). AM expanded band stations operate on one of the ten channels in the 1605-1705 kHz band. See 47 C.F.R. � 73.30. 47 C.F.R. � 73.3571(f). Broadcast First Report and Order, 13 FCC Rcd at 15989. 47 C.F.R. � 73.3571(h)(1)(ii). Id. 47 C.F.R. � 73.5002(a). See id. � 73.3571(h)(3). See id. � 73.5006(b). See id. � 73.3571(h)(2). In determining mutual exclusivity among the AM applications, the staff will apply 47 C.F.R. �� 73.37, 73.182, 73.183(b)(1). See also Nelson Enterprises, Inc., 18 FCC Rcd 3414 (2003) (application of AM interference standards to establish mutual exclusivity between window-filed applications); Review of the Technical Assignment Criteria for the
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  • filing of the FCC Form 175 application is included as Attachment C to this Public Notice. Technical support is available at (202) 414-1250 (voice) or (202) 414-1255 (text telephone (TTY)). The hours of service are 8 a.m. - 6 p.m. ET, Monday - Friday. (2) Completion of the FCC Form 175. Applicants should carefully review 47 C.F.R. Sections 1.2105 and 73.5002 and must complete all items on the FCC Form 175. Instructions for completing the FCC Form 175 are in Attachment B of this Public Notice. Applicants must press the ``SUBMIT Application'' button on the ``Submission'' page of the electronic form to successfully submit their FCC Form 175. An applicant may make only minor non-technical corrections to its FCC Form 175
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  • the applicant should take the following steps: Simplify the formatting of the file. For example, if using a Table structure in a WordPerfect document, remove the Table structure leaving the contents of the table, re-save the document. Re-upload the attachment. When the re-loaded attachment has successfully converted, delete the failed attachment. Exhibit A -- Applicant Identity and Ownership Information: Section 73.5002 of the broadcast competitive bidding rules specifies the bidding procedures, certification requirements, and anti-collusion rules applicable to applications for commercial broadcast services that are subject to auction. Subsection (b) of that rule requires the timely submission of short-form applications along with all required certifications, information and exhibits pursuant to the provisions of 47 C.F.R. � 1.2105(a) and any Commission public
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  • adopted comparative standards to select among competing applicants for NCE broadcast stations have not yet been implemented because they have been challenged in court. See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, 15 FCC Rcd 7386 (2000), sub. nom., American Family Association, Inc. v. FCC, appeal docketed, Case No. 00-1310 (D.C. Cir. July 14, 2000). See id. � 73.5002(d)(3). See id. � 74.1233(a)(1). See id. � 1.2105(b). See id. � 73.5002(d). p $ B v w p q w � � � � ��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
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  • filing of the FCC Form 175 application is included as Attachment C to this Public Notice. Technical support is available at (202) 414-1250 (voice) or (202) 414-1255 (text telephone (TTY)). The hours of service are 8 a.m. - 6 p.m. ET, Monday - Friday. (2) Completion of the FCC Form 175. Applicants should carefully review 47 C.F.R. Sections 1.2105 and 73.5002 and must complete all items on the FCC Form 175. Instructions for completing the FCC Form 175 are in Attachment B of this Public Notice. Applicants must press the ``SUBMIT Application'' button on the ``Submission'' page of the electronic form to successfully submit their FCC Form 175. An applicant may make only minor non-technical corrections to its FCC Form 175
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  • the applicant should take the following steps: Simplify the formatting of the file. For example, if using a Table structure in a WordPerfect document, remove the Table structure leaving the contents of the table, re-save the document. Re-upload the attachment. When the re-loaded attachment has successfully converted, delete the failed attachment. Exhibit A -- Applicant Identity and Ownership Information: Section 73.5002 of the broadcast competitive bidding rules specifies the bidding procedures, certification requirements, and anti-collusion rules applicable to applications for commercial broadcast services that are subject to auction. Subsection (b) of that rule requires the timely submission of short-form applications along with all required certifications, information and exhibits pursuant to the provisions of 47 C.F.R. � 1.2105(a) and any Commission public
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  • staff will request complete FCC Form 346's upon confirmation that the engineering submission does, in fact, resolve the specific mutual exclusivity. Technical amendments submitted by applicants to resolve their mutual exclusivities must be minor, as defined by the applicable rules, and must not create new mutual exclusivity or application conflict. Consistent with the Broadcast First Report and Order and Section 73.5002 of the Commission's Rules, such engineering submissions must resolve the mutual exclusivities for the entire mutually exclusive group. Therefore, except as provided below, no ``partial settlements'' (which reduce the number of proposals in a group, but which do not completely resolve the mutual exclusivity of that group) will be permitted. Certain groups in this auction contain ``daisy chains'' of mutual
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  • not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same designated market. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Sections 1.2105(c) and 73.5002. Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result
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  • the FM Table of Allotments and allotting the FM channel(s) on which they plan to bid. Participants in Auction No. 37 are strongly encouraged to continue such research during the auction. For further details regarding due diligence, please refer to the Auction No. 37 Procedures Public Notice under Section I.B.3. Prohibition of Collusion: Applicants are reminded that Sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants for any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 37, this prohibition became effective at the short-form application filing deadline
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2948A1_Erratum.doc
  • the FM Table of Allotments and allotting the FM channel(s) on which they plan to bid. Participants in Auction No. 37 are strongly encouraged to continue such research during the auction. For further details regarding due diligence, please refer to the Auction No. 37 Procedures Public Notice under Section I.B.3. Prohibition of Collusion: Applicants are reminded that Sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants for any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 37, this prohibition became effective at the short-form application filing deadline
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  • Report and Order''). Public Notice, ``Auction of FM Broadcast Construction Permits -Status of FCC Form 175 Applications to Participate in Auction No. 37,'' DA 04-2948 (MB/WTB rel. Sept. 13, 2004) (``Status Public Notice''), at 2 and Attachment C. See also NCE Second Report and Order, 18 FCC Rcd at 6700. Id. This procedure has been codified at 47 C.F.R. � 73.5002(b). Status Public Notice, supra note 2, at 2. Joint Petition at 3-4. Id. at 2. Id. Id. 47 C.F.R. � 1.2105(b)(2). 47 C.F.R. � 1.925. NCE Second Report and Order, 18 FCC Rcd at 6699. Id. at 6700. Id. Public Notice, ``Auction of FM Broadcast Construction Permits Scheduled for November 3, 2004 - Notice and Filing Requirements, Minimum Opening Bids,
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  • for Friday, October 29, 2004, will be: Round 1 Bidding Period 9:00 a.m. - 10:00 a.m. ET Round 2 Bidding Period 11:00 a.m. - 12:00 p.m. ET Round 3 Bidding Period 1:30 p.m. - 2:00 p.m. ET Round 4 Bidding Period 2:30 p.m. - 3:00 p.m. ET OTHER IMPORTANT INFORMATION Prohibition of Collusion. Applicants are reminded that Sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants for any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). The ``geographic license area'' is the market designation of the particular service. For the
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  • Ingles, PMCC should be allowed to amend its auction application to eliminate mutual exclusivity with Ingles's proposal. See Robert E. Combs, supra note 7. We further note that, in this MX group, PMCC already had an opportunity to resolve its mutual exclusivity by amending its engineering submission by February 28, 2001, but did not do so. See 47 C.F.R. � 73.5002(c); Public Notice, ``AM Auction No. 32 Mutually Exclusive Applicants Subject to Auction - Settlement Period for Groups Which Include a Major Modification Applicant - Filing Period for Section 307(b) Submissions,'' 15 FCC Rcd 20449 (MMB/WTB), filing period extended, 15 FCC Rcd 24644 (MMB/WTB 2000). Broadcast First Report and Order, 13 FCC Rcd at 15978-79 (1998). Ingles's January 17, 2003, Petition
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-744A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-744A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-744A1.txt
  • Public Notice''). See Broadcast First Report and Order, supra note 1, 13 FCC Rcd at 15975 (to determine which AM applications are mutually exclusive, applicants are required to submit pertinent engineering data from FCC Form 301); 47 C.F.R. � 73.3571(h)(1)(ii). See Auction 84 Filing Window Public Notice, 18 FCC Rcd at 23017. See generally 47 C.F.R. � � 1.2105 (c), 73.5002 (d), Auction 84 Filing Window Public Notice, 18 FCC Rcd at 23018, 23022-23. Certain mutually exclusive AM applicants will be permitted to resolve their mutual exclusivities only during the settlement period that will be announced in a forthcoming public notice. 47 C.F.R. � 73.5002 (d). See Auction 84 Filing Window Public Notice, 18 FCC Rcd at 23018. See 18 FCC
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1048A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1048A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1048A1.txt
  • Licenses, First Report and Order, 13 FCC Rcd 15920, 15976 n.159 (1998) (Broadcast Competitive Bidding Report and Order). See 47 U.S.C. �� 309(j)(2)(C) and 397(6)(B). See 47 U.S.C. � 397(6)(B). See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Second Report and Order, 18 FCC Rcd 6691, 6697 (2003) (``NCE Second Report and Order''); see also 47 C.F.R. � 73.5002(b). NCE Second Report and Order, 18 FCC Rcd at 6699. 041105 1:20 pm Non-Public Draft For FCC Internal Use Only PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 ` a g � � hu hu hu hu ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l!
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1337A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1337A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1337A1.txt
  • Notice; the Auction No. 81 Comment Public Notice; the Auction No. 81 Filing Window Public Notice; the Broadcast First Report and Order, the Broadcast First Reconsideration Order, the New Entrant Bidding Credit Reconsideration Order, and the NCE Second Report and Order. . Prohibition of Collusion Auction No. 81 applicants are reminded that the anti-collusion rules found at Section 1.2105(c) and 73.5002(d) of the Commission's rules are in effect. These rules prohibit applicants competing for construction permits in either the same geographic license area or the same MX group from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other on their short-form applications (FCC Forms 175) filed in 2000 as parties with
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1598A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1598A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1598A1.txt
  • not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same designated market. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Sections 1.2105(c) and 73.5002. Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result
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  • Commission's rules becomes effective upon the filing of FCC Form 175, Application to Participate in an FCC Auction, and applies to all broadcast service auctions. However, in certain circumstances, the Commission will allow a limited opportunity to settle, or otherwise resolve mutual exclusivities by means of engineering solutions, following filing of the FCC Form 175 applications. Specifically, pursuant to Section 73.5002(d) of the Commission's rules, only applicants in mutually exclusive AM application groups which include either (1) at least one AM major modification application, or (2) at least one noncommercial educational (``NCE'') application, will be provided a limited opportunity to resolve their mutual exclusivities and may submit settlement agreements or technical amendments to the Commission during the period that commences with
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2229A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2229A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2229A1.txt
  • their decisions regarding participation in the auction. Potential bidders also should review all underlying Commission orders. Participants in Auction No. 81 are strongly encouraged to continue such research during the auction. For further details regarding due diligence, please refer to the Auction No. 81 Procedures Public Notice under Section I.B.3. Prohibition of Collusion: Applicants are reminded that Section 1.2105(c) and 73.5002(d) of the Commission's rules prohibits applicants for any of the same geographic license areas or the same MX groups from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 81, this prohibition became effective at
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  • auction bidding schedule for Monday, September 12, 2005, will be: Round 1 10:00 a.m. - 11:00 a.m. ET Round 2 12:00 p.m. - 12:30 p.m. ET Round 3 1:30 p.m. - 2:00 p.m. ET Round 4 3:00 p.m. - 3:15 p.m. ET Round 5 4:00 p.m. - 4:15 p.m. ET Prohibition of Collusion. Applicants are reminded that Section 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants for any of the same MX groups from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). In addition, even if auction applicants are eligible to bid each on only one common
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2445A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2445A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2445A1.txt
  • Access Division Media Bureau Wireless Telecommunications Bureau . ``Auction of Low Power Television Construction Permits Scheduled for September 14, 2005; Notice and Filing Requirements, Minimum Opening Bids and Other Procedures for Auction No. 81,'' Public Notice, 20 FCC Rcd 9481, 9487-88 (2005) (``Auction No. 81 Procedures Public Notice''), 70 FR 33478 (June 8, 2005), citing 47 C.F.R. �� 1.2105(a)(2)(viii), 1.2105(c)(1), 73.5002(d). See also ``Notice and Filing Requirements Regarding July 31 through August 4, 2000 Limited Low Power Television/Television Translator/Class A Television Auction Filing Window,'' Public Notice, 15 FCC Rcd 10854, 10864-65 (Mass Media & Wireless Telecom. Burs. 2000) (``Auction No. 81 Filing Window Public Notice''); Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82,
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  • in any prior public notice regarding Auction No. 62, including the Auction No. 62 Procedures Public Notice. Consistent with its usual practice, the Commission intends to announce the status of applications approximately two weeks in advance of the rescheduled upfront payment deadline. All other previously announced auction procedures and requirements remain the same. Applicants are reminded that Sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 62, this prohibition became effective at the short-form application filing deadline on August 12,
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  • business days after the communication occurs). See Letter from Margaret W. Wiener, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, to Patrick Shannon, Esq., Counsel for Lynch 3G Communications Corporation, 18 FCC Rcd 11552 (2003). See Auction No. 63 Procedures Public Notice at 18-19. See Auction No. 63 Procedures Public Notice at 15-16, 18-21. 47 C.F.R. �� 1.2105(a)(2)(viii), 1.2105(c)(1), 73.5002(d). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, 16 FCC Rcd 17546 (2001) (Part 1 Seventh Report and Order); Part I Fifth Report and Order, 15 FCC Rcd at 15297-98 �� 7-8. 47 C.F.R. � 1.2105(c)(1). See, e.g., Northeast Communications of Wisconsin, LLC, Forfeiture Order, 19 FCC Rcd 18635 (2004)
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  • questions concerning down payments, please contact Gail Glasser at (202) 418-0578. For additional information or questions concerning application filings, please contact the Media Bureau's Video Division at (202) 418-1600. -- FCC -- See Auction of Low Power Television Construction Permits Closes; Winning Bidders Announced for Auction No. 81, Public Notice, DA 05-2543 (September 30, 2005). See 47 C.F.R. �� 1.2105(c)(1), 73.5002(d); ``Auction of Low Power Television Construction Permits Scheduled for September 14, 2005, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedures for Auction No. 81,'' 20 FCC Rcd 9481, 87-88 (2005). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 B O r s
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  • the FM Table of Allotments and allotting the FM channel(s) on which they plan to bid. Participants in Auction No. 62 are strongly encouraged to continue such research during the auction. For further details regarding due diligence, please refer to the Auction No. 62 Procedures Public Notice under Section I.B.3. Prohibition of Collusion: Applicants are reminded that Sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 62, this prohibition became effective at the short-form application filing deadline on August 12,
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  • writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations, discussions or communications with other applicants for construction permits for the same designated market. By signing its short-form application, each applicant is certifying its compliance with Sections 1.2105(c) and 73.5002. By electronically submitting its short-form application, each applicant certifies its compliance with Sections 1.2105(c) and 73.5002. However, the Bureaus caution that merely filing a certifying statement as part of an application will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. In addition, Section 1.65 of the Commission's rules
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3204A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3204A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3204A1.txt
  • 1:30 p.m. - 3:00 p.m. ET The mock auction bidding schedule for Tuesday, January 10, 2006, will be: Round 3 10:00 a.m. - 11:00 a.m. ET Round 4 12:00 p.m. - 1:00 p.m. ET Round 5 2:30 p.m. - 3:00 p.m. ET Round 6 3:30 p.m. - 4:00 p.m. ET Prohibition of Collusion. Applicants are reminded that Section 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants for any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). The ``geographic license area'' is the market designation of the particular service. For the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3204A1_Erratum.doc
  • 1:30 p.m. - 3:00 p.m. ET The mock auction bidding schedule for Tuesday, January 10, 2006, will be: Round 3 10:00 a.m. - 11:00 a.m. ET Round 4 12:00 p.m. - 1:00 p.m. ET Round 5 2:30 p.m. - 3:00 p.m. ET Round 6 3:30 p.m. - 4:00 p.m. ET Prohibition of Collusion. Applicants are reminded that Section 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants for any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). The ``geographic license area'' is the market designation of the particular service. For the
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  • stations are authorized with ``secondary'' frequency use status. These stations may not cause interference to, and must accept interference from, full service television stations, certain land mobile radio operations, and other primary services. See, e.g., 47 C.F.R. �� 74.703, 74.709 and 90.303. Prohibition of Collusion Auction No. 81 applicants are reminded that the anti-collusion rules found at Section 1.2105(c) and 73.5002(d) of the Commission's rules are in effect. These rules prohibit applicants competing for construction permits in either the same geographic license area or the same MX Group from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For
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  • ``window'' for filing applications for companion digital channels. During this window, only existing LPTV, translator stations, or Class A or licensees or permittees may submit applications for companion digital channels. Applications filed before the window will be returned as premature. Applications for companion digital channels filed during the window shall be filed in compliance with 47 C.F.R. �� 1.2105 and 73.5002 regarding the submission of the short-form application, FCC Form 175, with all appropriate certifications, information and exhibits identified with that form. No application fee applies with FCC Form 175. Applications filed during the window must also submit the engineering data contained in FCC Form 346 as a supplement to its short-form application. This engineering data will not be studied for
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  • to agreements relating to licenses being auctioned). See Lotus Short Form. See Aurora Short Form. ``Auction of FM Broadcast Construction Permits Scheduled for November 1, 2005; Notice and Filing Requirements, Minimum Opening Bids and Other Procedures for Auction No. 62,'' Public Notice, 20 FCC Rcd 10492, 10497-500 (2005) (``Auction No. 62 Procedures Public Notice''), citing 47 C.F.R. �� 1.2105(a)(2)(viii), 1.2105(c)(1); 73.5002(d). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Seventh Report and Order, 16 FCC Rcd 17546 (2001). Auction No. 62 Procedures Public Notice, 20 FCC Rcd at 10498. See also, e.g., Application of Star Wireless, LLC, Forfeiture Order, 19 FCC Rcd 18626 (Enf. Bur. 2004); Letter to Robert Pettit from
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  • to agreements relating to licenses being auctioned). See Aurora Short Form. See Lotus Short Form. ``Auction of FM Broadcast Construction Permits Scheduled for November 1, 2005; Notice and Filing Requirements, Minimum Opening Bids and Other Procedures for Auction No. 62,'' Public Notice, 20 FCC Rcd 10492, 10497-500 (2005) (``Auction No. 62 Procedures Public Notice''), citing 47 C.F.R. �� 1.2105(a)(2)(viii), 1.2105(c)(1); 73.5002(d). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Seventh Report and Order, 16 FCC Rcd 17546 (2001). Auction No. 62 Procedures Public Notice, 20 FCC Rcd at 10498. See also, e.g., Application of Star Wireless, LLC, Forfeiture Order, 19 FCC Rcd 18626 (Enf. Bur. 2004); Letter to Robert Pettit from
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  • permits are now available because either a bidder withdrew a high bid during the auction or a winning bidder defaulted after the close of the auction. NPR also suggests that the Auction No. 68 Comment Public Notice is deficient because it does not contain instructions for the submission of applications for NCE stations. NPR cites to a portion of Section 73.5002(a) of the Commission's rules which states that ``initial and other public notices will contain'' instructions for completing applications to participate in the broadcast auction, and applications for NCE stations. NPR's argument fails to recognize that an initial auction public notice is limited to ``announcing the upcoming auction and specifying [filing] the period'' for short-form applications. The Commission's initial auction public
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  • FCC, 221 F.3d 196, No. 98-1424, slip op. (D.C. Cir. June 13, 2000) (unpublished opinion available at 2000 WL 816046 (D.C. Cir.); aff'd, Orion Communications Ltd. v. FCC, 213 F.3d 761 (D.C. Cir. 2000). See Broadcast Competitive Bidding First Report and Order, 13 FCC Rcd at 15927, 15980-81. 47 U.S.C. � 311(c). 47 C.F.R. � 73.3525. See 47 C.F.R. � 73.5002(d); see also 47 C.F.R. � 1.2105(c). See Broadcast Competitive Bidding First Report and Order, 13 FCC Rcd at 15927, 15980-81. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 � � � � � � � � � � � � � � kd� � � �
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  • initial auction public notice is limited to ``announcing the upcoming auction and specifying the [filing] period'' for short-form applications. Under this approach, all potential applicants - those seeking to participate in an auction, and all potential applicants for NCE broadcast stations on non-reserved channels - collectively receive notice when a new broadcast auction is announced via public notice. Furthermore, Section 73.5002(a) of the Commission's rules states that ``initial and other public notices will contain'' instructions for completing applications to participate in the broadcast auction, and applications for NCE stations. The Commission's first public notice initiating an FM auction neither specifies detailed application filing requirements, nor elaborates on applicant eligibility. Rather, such comprehensive specifications are supplied in a subsequently released public notice,
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  • should they prevail in competitive bidding for a specific construction permit, they will be able to build and operate facilities that will comply fully with the Commission's technical and legal requirements. For further details regarding due diligence, please refer to the Auction No. 68 Procedures Public Notice under Section I.B.3. Prohibition of Collusion: Applicants are reminded that Sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements, which may include communications regarding the post-auction market structure, unless they have identified each other on their short-form applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 68,
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  • auction bidding schedule for Monday, January 8, 2007, will be: Round 1 10:00 a.m. - 11:00 a.m. ET Round 2 12:00 p.m. - 1:00 p.m. ET Round 3 2:30 p.m. - 3:00 p.m. ET Round 4 3:30 p.m. - 4:00 p.m. ET Round 5 4:15 p.m. - 4:30 p.m. ET Prohibition of Collusion. Applicants are reminded that Sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibits applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements unless they have identified each other on their short-form applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). The ``geographic license area'' is the market designation of the particular service. For
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2552A1_Erratum.doc
  • auction bidding schedule for Monday, January 8, 2007, will be: Round 1 10:00 a.m. - 11:00 a.m. ET Round 2 12:00 p.m. - 1:00 p.m. ET Round 3 2:30 p.m. - 3:00 p.m. ET Round 4 3:30 p.m. - 4:00 p.m. ET Round 5 4:15 p.m. - 4:30 p.m. ET Prohibition of Collusion. Applicants are reminded that Sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibits applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements unless they have identified each other on their short-form applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). The ``geographic license area'' is the market designation of the particular service. For
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  • operate facilities that will comply fully with the Commission's technical and legal requirements. For further details regarding due diligence, including but not limited to the potential impact of analog-to-digital conversion by television stations and interference protection obligations, please refer to the Auction No. 64 Procedures Public Notice under Section I.B.3. Prohibition of Collusion: Applicants are reminded that Sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements unless they have identified each other on their short-form applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 64, this prohibition became effective at the short-form application filing
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-38A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-38A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-38A1.txt
  • and Major Modification Auction Filing Window; Minor Modification Application Freeze,'' Public Notice, 18 FCC Rcd 23016 (MB/WTB 2003) (``Auction No. 84 Filing Window Public Notice''). Id., 18 FCC Rcd at 23018. 47 C.F.R. � 1.2105(b)(2). Id.; see also 47 C.F.R. � 1.65(b) (``Applications in ... broadcast services subject to competitive bidding will be subject to the provisions of �� 1.2105(b), 73.5002 and 73.3522 of this chapter regarding the modification of their applications.''). Auction No. 84 Filing Window Public Notice, 18 FCC Rcd at 23021 (emphasis added); see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures; Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use - 4660-4685 MHz, Third Report and Order and Second Further
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  • Auction No. 62, including those that were determined to be non-qualified to bid in the auction. See ``Auction of FM Broadcast Construction Permits; 214 Bidders Qualified to Bid in Auction No. 62,'' Public Notice, DA 05 -3204 (rel. Dec. 21, 2004), as amended by Erratum (rel. Dec. 23, 2005). See 47 C.F.R. �� 1.2105(a)(2)(viii), 1.2105(c); see also 47 C.F.R. � 73.5002(d). See Baker Creek Communications, L.P., For Authority to Construct and Operate Local Multipoint Distribution Services In Multiple Basic Trading Areas, DA 98-1921, Memorandum Opinion and Order, 13 FCC Rcd 18709 (1998); Letter from Margaret W. Wiener, Deputy Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, to Steven R. Sixberry, Nevada Wireless, DA 00-1949 (rel. August 24, 2000). Mr. Daniel
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-490A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-490A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-490A1.txt
  • auction bidding schedule for Monday, March 13, 2006, will be: Round 1 10:00 a.m. - 11:00 a.m. ET Round 1 12:00 p.m. - 12:30 p.m. ET Round 3 1:30 p.m. - 2:00 p.m. ET Round 4 3:00 p.m. - 3:15 p.m. ET Round 5 4:00 p.m. - 4:15 p.m. ET Prohibition of Collusion. Applicants are reminded that Sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). In Auction No. 64, the rule applies to applicants applying for any of the same construction permits.
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  • Wireless Telecommunications Bureau, to Patrick Shannon, Esq., Counsel for Lynch 3G Communications Corporation, 18 FCC Rcd 11552 (WTB Auc. Div. 2003). See Auction No. 65 Procedures Public Notice at 24-26. 47 C.F.R. � 1.2106(a). See id.; Auction No. 65 Procedures Public Notice at 20-22 and 24-26. See Auction No. 65 Procedures Public Notice at 10-12. 47 C.F.R. �� 1.2105(a)(2)(viii), 1.2105(c)(1), 73.5002(d). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Seventh Report and Order, 16 FCC Rcd 17546 (2001) (``Part 1 Seventh Report and Order''); id., Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293, 15297-98
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  • agreed in principle by the short-form filing deadline, they should not include the names of parties to discussions on their applications, and they may not continue negotiations, discussions or communications with other applicants for engineering proposals that are mutually exclusive after the short-form filing deadline. By electronically submitting its short-form application, each applicant certifies its compliance with Sections 1.2105(c) and 73.5002. However, the Bureaus caution that merely filing a certifying statement as part of an application will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. The Commission has stated that it ``intend[s] to scrutinize carefully any instances in which bidding patterns suggest that collusion may be occurring.'' Any applicant
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  • of my application as unacceptable for filing if I seek a construction permit for a NCE station? Yes. If any application for a noncommercial educational broadcast station, as defined in 47 U.S.C. � 397(6), is mutually exclusive with applications for commercial broadcast stations, and the applicants that have the opportunity to resolve the mutual exclusivity pursuant to 47 C.F.R. � 73.5002(c) and (d) fail to do so, the application for noncommercial educational broadcast station, as described in 47 U.S.C. � 397(6), will be returned as unacceptable for filing and the applicant will not be permitted to participate in the auction. 47 C.F.R. � 73.5002(b). RTN states that the NCE election question is unclear, because it asks if an applicant is a
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  • should they prevail in competitive bidding for a specific construction permit, they will be able to build and operate facilities that will comply fully with the Commission's technical and legal requirements. For further details regarding due diligence, please refer to the Auction No. 70 Procedures Public Notice under Section I.B.3. Prohibition of Collusion: Applicants are reminded that Sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements, which may include communications regarding the post-auction market structure, unless they have identified each other on their short-form applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 70,
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  • FCC, 221 F.3d 196, No. 98-1424, slip op. (D.C. Cir. June 13, 2000) (unpublished opinion available at 2000 WL 816046 (D.C. Cir.); aff'd, Orion Communications Ltd. v. FCC, 213 F.3d 761 (D.C. Cir. 2000). See Broadcast Competitive Bidding First Report and Order, 13 FCC Rcd at 15927, 15980-81. 47 U.S.C. � 311(c). 47 C.F.R. � 73.3525. See 47 C.F.R. � 73.5002(d); see also 47 C.F.R. � 1.2105(c). See Broadcast Competitive Bidding First Report and Order, 13 FCC Rcd at 15927, 15980-81. 47 C.F.R. � 1.2105(c)(7)(i). 47 C.F.R. � 1.65. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 I J � � � � � � � �
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  • Bureau, and Matinee Radio, LLC; ``Investigation'' means the matters raised by the Media Bureau in its May 23, 2006, and December 15, 2006, letters to Matinee Radio, LLC, and Matinee's responses thereto; and the matters that were the subject of the July 17, 2006, notification Matinee Radio, LLC filed with the Secretary of the Commission pursuant to Sections 1.2105(c)(6) and 73.5002(d) of the Commission's rules. ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. Section 151 et seq.; ``Rules'' means the Commission's regulations set forth in Title 47 of the Code of Federal Regulations; ``Adopting Order'' means an order of the Media Bureau and Wireless Telecommunications Bureau adopting this Consent Decree; ``Effective Date'' means the date on which the
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  • contained engineering proposals filed by four applicants: Asiavision, Inc., Laurie Mintz, Michael Mintz and Rehoboth Beach Communications, Inc. Id. Auction No. 85 Filing Window Public Notice, 21 FCC Rcd at 4119. 47 C.F.R. � 1.2105(b)(2). Id.; see also 47 C.F.R. � 1.65(b) (``Applications in ... broadcast services subject to competitive bidding will be subject to the provisions of �� 1.2105(b), 73.5002 and 73.3522 of this chapter regarding the modification of their applications.''); see, e.g., Letter to Koch Broadcasting Corp., 21 FCC Rcd 147 (Auc. & Audio Divs. 2006). Auction No. 85 Filing Window Public Notice, 21 FCC Rcd at 4119; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Third Report and Order and Second Further
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  • Harry J. Pappas, and Gary M. Cocola Family Trust, Gary M. Cocola, Trustee were assigned to MX Group 131. Auction No. 85 Filing Window Public Notice, 21 FCC Rcd at 4119. 47 C.F.R. � 1.2105(b)(2). Id.; see also 47 C.F.R. � 1.65(b) (``Applications in ... broadcast services subject to competitive bidding will be subject to the provisions of �� 1.2105(b), 73.5002 and 73.3522 of this chapter regarding the modification of their applications.''); see, e.g., Letter to Koch Broadcasting Corp., 21 FCC Rcd 147 (Auc. & Audio Divs. 2006). Auction No. 85 Filing Window Public Notice, 21 FCC Rcd at 4119; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Third Report and Order and Second Further
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  • submitted by Mintz, Cyril H. Miller and Una Vez Mas Midland License, LLC were assigned to MX Group 81. Auction No. 85 Filing Window Public Notice, 21 FCC Rcd at 4119. 47 C.F.R. � 1.2105(b)(2). Id.; see also 47 C.F.R. � 1.65(b) (``Applications in ... broadcast services subject to competitive bidding will be subject to the provisions of �� 1.2105(b), 73.5002 and 73.3522 of this chapter regarding the modification of their applications.''); see, e.g., Letter to Koch Broadcasting Corp., 21 FCC Rcd 147 (Auc. & Audio Divs. 2006). Auction No. 85 Filing Window Public Notice, 21 FCC Rcd at 4119; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Third Report and Order and Second Further
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  • initially determined, engineering proposals submitted by Michael Mintz and National Minority TV, Inc. were assigned to MX Group 84. Auction No. 85 Filing Window Public Notice, 21 FCC Rcd at 4119. 47 C.F.R. � 1.2105(b)(2). Id.; see also 47 C.F.R. � 1.65(b) (``Applications in ... broadcast services subject to competitive bidding will be subject to the provisions of �� 1.2105(b), 73.5002 and 73.3522 of this chapter regarding the modification of their applications.''); see, e.g., Letter to Koch Broadcasting Corp., 21 FCC Rcd 147 (Auc. & Audio Divs. 2006). Auction No. 85 Filing Window Public Notice, 21 FCC Rcd at 4119; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Third Report and Order and Second Further
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  • the other pending mutually exclusive AM groups and included in AM Auction 84. The Bureaus will establish an Auction 84 auction date and auction procedures by subsequent public notice. Consistent with procedures established for Auction 84, where appropriate, the staff will permit settlements or technical amendments with respect to applications received pursuant to this Public Notice in accord with Section 73.5002 of the Rules. Application Freeze. AM minor modification applications are governed by first come/first served processing procedures and generally may be filed at any time. However, to avoid the possibility of mutual exclusivity with new and major change applications submitted during this supplementary auction filing window, the MB will institute a temporary freeze on the filing of AM expanded band
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  • each other that affect, or in their reasonable assessment have the potential to affect, bidding or bidding strategy. This prohibition begins at the short-form application filing deadline and ends at the down payment deadline after the auction. This prohibition applies to all applicants regardless of whether such applicants become qualified bidders or actually bid. To the extent provided in Sections 73.5002(d)(1) and (2) of the Rules, AM applicants who file major modifications that are mutually exclusive, and AM applicants who file major modifications and new station applications that are mutually exclusive, may communicate with each other for the purpose of resolving conflicts by means of engineering solutions or settlements only during the time period prescribed by the Bureaus. The precise period
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  • Major Modification Auction Filing Window; Minor Modification Application Freeze, Public Notice, 20 FCC Rcd 10563 (MB/WTB 2005). See Auction No. 84 Filing Window Public Notice. Id., 18 FCC Rcd at 23018. 47 C.F.R. � 1.2105(b)(2). Id.; see also 47 C.F.R. � 1.65(b) (``Applications in ... broadcast services subject to competitive bidding will be subject to the provisions of �� 1.2105(b), 73.5002 and 73.3522 of this chapter regarding the modification of their applications.''). Auction No. 84 Filing Window Public Notice, 18 FCC Rcd at 23021 (emphasis added); see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures; Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use - 4660-4685 MHz, Third Report and Order and Second Further
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  • auction bidding schedule for Monday, March 5, 2007, will be: Round 1 10:00 a.m. - 11:00 a.m. ET Round 2 12:00 p.m. - 1:00 p.m. ET Round 3 2:30 p.m. - 3:00 p.m. ET Round 4 3:30 p.m. - 4:00 p.m. ET Round 5 4:15 p.m. - 4:30 p.m. ET Prohibition of Collusion. Applicants are reminded that Sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibits applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements unless they have identified each other on their short-form applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). The ``geographic license area'' is the market designation of the particular service. For
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  • digital companion channels (Auction 85) scheduled to commence on November 5, 2008, and sought comment on procedures for conducting Auction 85. The Auction 85 Comment Public Notice also announced a two-week settlement period beginning July 17, 2008 and ending at 6:00 PM Eastern Time (ET) on Thursday, July 31, 2008. The prohibition of collusion set forth in sections 1.2105(c) and 73.5002(d) of the Commission's rules has been temporarily lifted during this limited period to allow parties with proposals in the mutually exclusive (MX) groups identified in that Public Notice to dismiss their proposals, enter into settlement agreements or otherwise resolve their mutual exclusivities by means of engineering solutions. On July 25, 2008, the National Translator Association (NTA) submitted a request to
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  • Wireless Telecommunications Bureau, Federal Communications Commission, 16 FCC Rcd 10080 (WTB 2000) (declining to exempt an applicant's controlling interest from coverage by the anti-collusion rule, even though the applicant never made an upfront payment for the auction and was not listed as a qualified bidder). 47 C.F.R. � 1.2105(c)(7)(i). See 47 C.F.R. �� 1.2105(a)(2)(viii), 1.2105(c)(1); see also 47 C.F.R. � 73.5002; Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Part 1 Seventh Report and Order, 16 FCC Rcd at 17546; Part 1 Fifth Report and Order, 15 FCC Rcd at 15297-98 �� 7-8 . See, e.g., ``Wireless Telecommunications Bureau Provides Guidance on the Anti-Collusion Rule for D, E, and F Block Bidders,'' Public
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  • should they prevail in competitive bidding for a specific construction permit, they will be able to build and operate facilities that will comply fully with the Commission's technical and legal requirements. For further details regarding due diligence, please refer to the Auction 85 Procedures Public Notice under Section I.B.3. Prohibition of Collusion. The Bureaus remind applicants that Sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants from communicating with each other about bids, bidding strategies, or settlements, which may include communications regarding the post-auction market structure, unless they have identified each other on their short-form applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). The anti-collusion prohibition applies to applicants in this auction with an engineering
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  • not an appropriate mechanism for asking time-sensitive questions that may need an immediate response, such as questions about auction procedures or other issues. Those questions should be directed to the Auction Bidder Line or to the appropriate telephone number provided in Section VIII ``Contact Information'' below. MAINTAINING APPLICANT OBLIGATIONS Prohibition of Collusion The Bureaus remind applicants that Sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants from communicating with each other about bids, bidding strategies, or settlements, which may include communications regarding post-auction market structure, unless they have identified each other on their short-form applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). The anti-collusion rule applies to applicants in this auction with engineering proposals within
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  • acquire share-time licenses that would authorize it to broadcast on a shared-time basis on channels currently licensed to the subsidiaries of ION listed below. The applicants request waivers, to the extent necessary, of the procedures governing share time agreements set forth in Section 73.1715 of the Commission's Rules, and/or the procedures governing new broadcast service auctions set forth in Section 73.5002(a) of the Commission's Rules. The parties further request confirmation that Urban's new stations would be entitled to mandatory cable carriage. Robert L. Johnson will own 51% of the assets of Urban, whereas ION will own the remaining 49%. Petitions to deny the application(s) listed below must be on file with the Commission no later than 30 days from release of
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  • that prohibited ``communications concerning bids and bidding strategies may include communications regarding capital calls or requests for additional funds in support of bids or bidding strategies to the extent such communications convey information concerning the bids and bidding strategies directly or indirectly.'' By electronically submitting its short-form application, each applicant in Auction 85 certified its compliance with Sections 1.2105(c) and 73.5002. However, the Bureaus caution that the mere filing of a certifying statement as part of an application will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. The Commission has stated that it ``intend[s] to scrutinize carefully any instances in which bidding patterns suggest that collusion may be occurring.''
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  • the disparate application procedures for the various broadcast services to establish a uniform window filing approach. These rules also conform the procedures for auctioning mutually exclusive applications for broadcast construction permits to the Commission's Part 1 auction rules. Legal Basis: 47 U.S.C. 154, 301, 303, 309 (j), 334, and 336. Section Number and Title: 73.5000 Services subject to competitive bidding. 73.5002 Application and certification procedures; return of mutually exclusive applications not subject to competitive bidding procedures; prohibition of collusion. 73.5003 Submission of full payments. 73.5005 Filing of long-form applications. 73.5006 Filing of petitions to deny against long-form applications. 73.5007 Designated entity provisions. 73.5008 Definitions applicable for designated entity provisions. 73.5009 Assignment of transfer of control. PART 74-EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST
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  • should they prevail in competitive bidding for a specific construction permit, they will be able to build and operate facilities that will comply fully with the Commission's technical and legal requirements. For further details regarding due diligence, please refer to the Auction 79 Procedures Public Notice under Section I.B.3. Prohibition of Collusion. The Bureaus remind applicants that Sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements, which may include communications regarding the post-auction market structure, unless they have identified each other on their short-form applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). The collusion prohibition is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1548A1_Rcd.pdf
  • can be found in the Auction 79 Procedures Public Notice under Section III.D.13 9Reexamination of the Comparative Standard for Noncommercial Educational Applicants, MM Docket No. 95-31, Second Report and Order, 18 FCC Rcd 6691, 6700, FCC 03-44 (2003); id. Memorandum Opinion and Third Order on Reconsideration, 23 FCC Rcd 17423 (2008). This procedure has been codified at 47 C.F.R. � 73.5002(b). 10SeeLetter from Margaret W. Wiener, Chief, Auctions and Industry Analysis Div., to Patrick Shannon, Esq., Counsel for Lynch 3G Communications Corp., 18 FCC Rcd 11552, DA 03-1944 (Auc. Div. 2003) (finding that an applicant had failed to timely submit its upfront payment when the payment was received by the Commission's bank before the applicable deadline, but not credited to the
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  • is not an appropriate mechanism for asking time-sensitive questions that may need an immediate response, such as questions about auction procedures or other issues. Those questions should be directed to the Auction Bidder Line or to the appropriate telephone number provided in Section VII ``Contact Information'' below. MAINTAINING APPLICANT OBLIGATIONS Prohibited Communications The Bureaus remind applicants that Sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements, which may include communications regarding post-auction market structure, unless they have identified each other on their short-form applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). The ``geographic license area'' is
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  • Second Report and Order, the Commission decided to dismiss the pending applications for NCE stations in the mixed groups. However, to better serve the public interest and to avoid the harsh result of dismissal based on subsequently adopted processing rules, in MOTOR the Commission reconsidered this processing policy. See MOTOR, 23 FCC Rcd at 17427-28. See also 47 C.F.R. � 73.5002(b) (NCE applications subject to dismissal if there is any mutually exclusive application for a commercial station). The Commission identified 19 pending, closed mixed application groups in MOTOR. Subsequently, the staff dismissed the only application for an NCE station in three of the pending television mixed groups, pursuant to the applicant's request. Consequently, these three television groups are not listed on
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  • (the ``Rules'') becomes effective upon the filing of FCC Form 175, Application to Participate in an FCC Auction, and applies to all broadcast service auctions. However, in certain circumstances, the Commission will allow a limited opportunity to settle, or otherwise resolve mutual exclusivities by means of engineering solutions, following filing of the FCC Form 175 applications. Specifically, pursuant to Section 73.5002(d) of the Rules, applicants in mutually exclusive AM application groups which include either (1) at least one AM major modification application, or (2) at least one noncommercial educational (``NCE'') application, will be provided a limited opportunity to resolve their mutual exclusivities and may submit settlement agreements or technical amendments to the Commission during the period that commences with the release
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2196A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2196A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2196A2.txt
  • I * Category I: Mutually exclusive AM application groups which include at least one AM major modification application or one noncommercial educational application and are therefore entitled to settle or otherwise resolve mutual exclusivities by means of engineering solutions. Category I applicants seeking to resolve mutual exclusivities may file a settlement agreement or an engineering solution. See 47 C.F.R. � 73.5002(d). Ffk
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-406A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-406A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-406A1.txt
  • were mutually exclusive with CBI's Applications, CBI did not conclude a settlement agreement or implement an engineering solution that would have removed the mutual exclusivity with the other applicants. Accordingly, because CBI had checked the NCE box - and thereby appeared to be applying for NCE stations - its Applications were dismissed on January 29, 2007, in accordance with Section 73.5002(b) of the Rules. CBI, however, states that it checked the NCE box in error because it believed the Item 9 inquiry required CBI to identify only its legal classification , i.e., as ``a non-profit corporation organized under 501(c)(3) of the Internal Revenue Code.'' CBI points out the similarity between its circumstance and that of certain applicants in FM Broadcast Auction
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-810A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-810A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-810A2.txt
  • have not agreed in principle by the short-form filing deadline, they should not include the names of parties to discussions on their applications, and they may not continue negotiations, discussions or communications with any other applicants after the short-form filing deadline. By electronically submitting a short-form application, each applicant in Auction 79 will certify its compliance with Sections 1.2105(c) and 73.5002. However, the Bureaus caution that merely filing a certifying statement as part of an application will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. The Commission has stated that it ``intend[s] to scrutinize carefully any instances in which bidding patterns suggest that collusion may be occurring.'' Any applicant
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-810A2_Rcd.pdf
  • Second Report &Order"). 10Broadcast First Report and Order, 13 FCC Rcd at 15923-25 �� 7-12. 11Any applicant that submits a short-form application that is accepted for filing but fails to timely submit an upfront payment will retain its status as an applicant in Auction 79 and will remain subject to the Commission's anti- collusion rules, 47 C.F.R. �� 1.2105(c) and 73.5002(d), but, having purchased no bidding eligibility, will not be eligible to bid. See Broadcast First Report and Order, 13 FCC Rcd at 15980 � 153. 12See, e.g., Amendment of Part 1 of the Commission's Rules �Competitive Bidding Procedures, WT Docket No. 97-82, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of
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  • should they prevail in competitive bidding for a specific construction permit, they will be able to build and operate facilities that will comply fully with the Commission's technical and legal requirements. For further details regarding due diligence, please refer to the Auction 88 Procedures Public Notice, Section I.B.3. Prohibition of Certain Communications. The Bureaus remind applicants that Sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements, which may include communications regarding the post-auction market structure, unless they have identified each other on their short-form applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). The prohibition of certain
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1009A1_Rcd.pdf
  • technical analyses sufficient to assure themselves that, should they prevail in competitive bidding for a specificconstruction permit, they will be able to build and operate facilities that will comply fully with the Commission's technical and legal requirements.For further details regarding due diligence, please refer to the Auction 88Procedures Public Notice,Section I.B.3.22 14.Prohibition of Certain Communications.The Bureausremind applicants that Sections 1.2105(c)and 73.5002(d)of the Commission's rules prohibit applicants for any of the same geographic license areas from communicating with each other aboutbids, bidding strategies, or settlements, which may include communications regarding the post-auction market structure, unless they have identified each other on their short-form applications as parties with which they have entered into agreements under Section1.2105(a)(2)(viii).23 15.Theprohibitionof certain communicationsiseffective as ofthe short-form application
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-125A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-125A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-125A1.txt
  • C.F.R. � 1.8002(a)(3) (FRN must be obtained by spectrum auction participants). See also 47 C.F.R. � 1.8004(a) (electronic filing systems for filings that require an FRN will not accept a filing without the appropriate FRN). 47 C.F.R. � 1.65 (making applicants responsible for the continuing accuracy and completeness of information furnished in a pending application). See 47 C.F.R. �� 1.2105(b)(2), 73.5002(b). 47 U.S.C. � 309(j)(3)(E)(i). See Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374, 447-49 �� 124-25, FCC 97-413 (1997) (``Part 1 Third Report and Order'') (directing WTB to seek comment on specific mechanisms related to day-to-day auction conduct including, for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-125A1_Rcd.pdf
  • on this proposal. 2. Round Structure 16. The Commission will conduct Auction 88 over the Internet, and telephonic bidding will be available as well. The toll-free telephone number for the Auction Bidder Line will be provided to 1247 C.F.R. � 1.65 (making applicants responsible for the continuing accuracy and completeness of information furnished ina pending application). 13See47 C.F.R. �� 1.2105(b)(2), 73.5002(b). 1447 U.S.C. � 309(j)(3)(E)(i). 15See Amendment of Part 1 of the Commission's Rules -Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374, 447-49 �� 124-25, FCC 97-413 (1997) ("Part 1 Third Report and Order") (directing WTB to seek comment on specific mechanisms related to day- to-dayauction conduct including, for example,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1261A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1261A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1261A1.txt
  • of the auction. Detailed instructions for reviewing and downloading round results are provided in the Integrated Spectrum Auction System (ISAS) Bidder's Guide. The bidder's guide is included with qualified bidders' registration materials and is available in electronic form through the ``HELP'' link in the FCC Auction System. MAINTAINING APPLICANT OBLIGATIONS Prohibited Communications The Bureaus remind applicants that sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements, which may include communications regarding post-auction market structure, unless each applicant has identified the other applicant on its short-form application as parties with which the applicant has entered into an agreement under section 1.2105(a)(2)(viii). The
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1261A1_Rcd.pdf
  • auction. 30.Detailed instructions for reviewing and downloading round results are provided in the Integrated Spectrum Auction System (ISAS) Bidder's Guide. The bidder's guide is included with qualified bidders' registration materials and is available in electronic form through the "HELP" link in the FCC Auction System. V. MAINTAINING APPLICANT OBLIGATIONS A. Prohibited Communications 31.The Bureaus remind applicants that sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements, which may include communications regarding post- auction market structure, unless each applicant has identified the other applicant on its short-form application as parties with which the applicant has entered into an agreement under section 1.2105(a)(2)(viii).11The
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2008A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2008A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2008A1.txt
  • in principle by the short-form filing deadline, they should not include the names of parties to discussions on their applications, and they may not continue negotiations, discussions or communications with any other applicants after the short-form application filing deadline. Section 1.2105(c) Certification By electronically submitting a short-form application, each applicant in Auction 90 certifies its compliance with sections 1.2105(c) and 73.5002. However, the Bureaus caution that merely filing a certifying statement as part of an application will not outweigh specific evidence that a prohibited communication has occurred, nor will it preclude the initiation of an investigation when warranted. The Commission has stated that it ``intend[s] to scrutinize carefully any instances in which bidding patterns suggest that collusion may be occurring.'' Any
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2008A1_Rcd.pdf
  • 213 F.3d 761 (D.C. Cir. 2000). 10Broadcast Competitive Bidding First Report and Order, 13 FCC Rcd at 15978-80 �� 149-154. See also Implementation of Section 309(j) of the Communications Act � Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2376 � 165 (1994) (Competitive Bidding Second Report and Order). 11See47 C.F.R. �� 1.2105(c) and 73.5002(d). 12Broadcast Competitive Bidding First Report and Order, 13 FCC Rcd at 15980 � 153. 13 Comments of Venture at 1. 14883 Federal Communications Commission DA 10-2008 B. Rules and Disclaimers 1. Relevant Authority 6. Prospective applicants must familiarize themselves thoroughly with the Commission's general competitive bidding rules, including recent amendments and clarifications, as well as Commission decisions in proceedings regarding
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  • in principle by the short-form filing deadline, they should not include the names of parties to discussions on their applications, and they may not continue negotiation, discussion or communication with any other applicants after the short-form application filing deadline. Section 1.2105(c) Certification By electronically submitting a short-form application, each applicant in Auction 91 certifies its compliance with sections 1.2105(c) and 73.5002. However, the Bureaus caution that merely filing a certifying statement as part of an application will not outweigh specific evidence that a prohibited communication has occurred, nor will it preclude the initiation of an investigation when warranted. The Commission has stated that it ``intend[s] to scrutinize carefully any instances in which bidding patterns suggest that collusion may be occurring.'' Any
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2253A1_Rcd.pdf
  • ("Competitive Bidding Second Report and Order"). 10Broadcast First Report and Order, 13 FCC Rcd at 15923-25 �� 7-12. 11 Any applicant that submits a short-form application but fails to timely submit an upfront payment will retain its status as an applicant in Auction 91 and will remain subject to the Commission's rules prohibiting certain communications, 47 C.F.R. �� 1.2105(c) and 73.5002(d), but, having purchased no bidding eligibility, will not be eligible to bid. See Broadcast First Report and Order, 13 FCC Rcd at 15980-83 �� 155-60. 16790 Federal Communications Commission DA 10-2253 7. Mullaney contends that the Commission's rules should be revised to automatically delete allotments that are offered at auction but receive no bids.12 Mullaney suggests that such vacant allotments
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  • in principle by the short-form filing deadline, they should not include the names of parties to discussions on their applications, and they may not continue negotiations, discussions or communications with any other applicants after the short-form application filing deadline. Section 1.2105(c) Certification By electronically submitting a short-form application, each applicant in Auction 88 certifies its compliance with sections 1.2105(c) and 73.5002. However, the Bureaus caution that merely filing a certifying statement as part of an application will not outweigh specific evidence that a prohibited communication has occurred, nor will it preclude the initiation of an investigation when warranted. The Commission has stated that it ``intend[s] to scrutinize carefully any instances in which bidding patterns suggest that collusion may be occurring.'' Any
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-136A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-136A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-136A1.txt
  • of the auction. Detailed instructions for reviewing and downloading round results are provided in the Integrated Spectrum Auction System (ISAS) Bidder's Guide. The bidder's guide is included with qualified bidders' registration materials and is available in electronic form through the ``HELP'' link in the FCC Auction System. MAINTAINING APPLICANT OBLIGATIONS Prohibited Communications The Bureaus remind applicants that sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements, which may include communications regarding post-auction market structure, unless each applicant has identified the other applicant on its short-form application as a party with which the applicant has entered into an agreement under section 1.2105(a)(2)(viii).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-136A1_Rcd.pdf
  • Public Notice, DA 10-2008 at �� 131-133. Attachment A of the Auction 90 Procedures Public Noticesets forth the minimum opening bid amounts for each construction permit offered in Auction 90. 8Auction 90 Procedures Public Notice, DA 10-2008 at �� 134-140. 9See47 C.F.R. � 1.2104(g). 885 V. MAINTAINING APPLICANT OBLIGATIONS A. Prohibited Communications 30.The Bureaus remind applicants that sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements, which may include communications regarding post- auction market structure, unless each applicant has identified the other applicant on its short-form application as a party with which the applicant has entered into an agreement under section
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1845A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1845A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1845A1.txt
  • exchanges could touch upon impermissible subject matters because they may convey pricing information and bidding strategies. Such subject areas include, but are not limited to, issues such as management, sales, local marketing agreements, rebroadcast agreements, and other transactional agreements. Section 1.2105(c) Certification By electronically submitting a short-form application, each applicant in Auction 93 certifies its compliance with sections 1.2105(c) and 73.5002. In particular, an applicant must certify under penalty of perjury it has not entered and will not enter into any explicit or implicit agreements, arrangements or understandings of any kind with any parties, other than those identified in the application, regarding the amount of the applicant's bids, bidding strategies, or the particular construction permits on which it will or will
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1845A1_Rcd.pdf
  • 165 (1994) ("Competitive Bidding Second Report and Order"). 8Broadcast First Report and Order, 13 FCC Rcd at 15923-25 �� 7-12. 9Any applicant that submits a short-form application but fails totimely submit an upfront payment will retain its status as an applicant in Auction 93 and will remain subject to the Commission's rules prohibiting certain communications, 47 C.F.R. �� 1.2105(c) and 73.5002(d), but, having purchased no bidding eligibility, will not be eligible to bid. See Broadcast First Report and Order, 13 FCC Rcd at 15979-80 � 153. 10See, e.g., Amendment of Part 1 of the Commission's Rules �Competitive Bidding Procedures, WT Docket No. 97-82, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of
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  • be able to build and operate facilities that will fully comply with the Commission's current technical and legal requirements. Participants in Auction 91 should continue such research throughout the auction. For further details regarding due diligence, please refer to the Auction 91 Procedures Public Notice, section I.B.3. . Prohibition of Certain Communications. The Bureaus remind applicants that sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements, which may include communications regarding the post-auction market structure, unless they have identified each other on their short-form applications as parties with which they have entered into agreements under section 1.2105(a)(2)(viii). In broadcast services, the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-435A1_Rcd.pdf
  • sufficient time for the wire transfer to be initiated and completed prior to the deadline. The Commission repeatedly has cautioned auction participants about the importance of planning ahead to 9Each of these rejected applicants will retain its status as an applicant in Auction 91 and will remain subject to the Commission's rules prohibiting certain communications, 47 C.F.R. �� 1.2105(c) and 73.5002(d), but will not be eligible to bid. See 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, 15980-83 �� 155-60 (1998), Memorandum Opinion and Order, FCC 99-74, 14 FCC Rcd 8724 (1999), Memorandum Opinion and Order,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-634A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-634A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-634A1.txt
  • of the auction. Detailed instructions for reviewing and downloading round results are provided in the Integrated Spectrum Auction System (ISAS) Bidder's Guide. The bidder's guide is included with qualified bidders' registration materials and is available in electronic form through the ``HELP'' link in the FCC Auction System. MAINTAINING APPLICANT OBLIGATIONS Prohibited Communications The Bureaus remind applicants that sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements, which may include communications regarding post-auction market structure, unless each applicant has identified the other applicant on its short-form application as a party with which the applicant has entered into an agreement under section 1.2105(a)(2)(viii).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-634A1_Rcd.pdf
  • auction. 30.Detailed instructions for reviewing and downloading round results are provided in the Integrated Spectrum Auction System (ISAS) Bidder's Guide. The bidder's guide is included with qualified bidders' registration materials and is available in electronic form through the "HELP" link in the FCC Auction System. V. MAINTAINING APPLICANT OBLIGATIONS A. Prohibited Communications 31.The Bureaus remind applicants that sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements, which may include communications regarding post- auction market structure, unless each applicant has identified the other applicant on its short-form application as a party with which the applicant has entered into an agreement under section
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-7A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-7A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-7A1.txt
  • will be able to build and operate facilities that will fully comply with the Commission's current technical and legal requirements. Participants in Auction 90 should continue such research throughout the auction. For further details regarding due diligence, please refer to the Auction 90 Procedures Public Notice, section I.B.3. Prohibition of Certain Communications. The Bureaus remind applicants that sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements, which may include communications regarding the post-auction market structure, unless they have identified each other on their short-form applications as parties with which they have entered into agreements under section 1.2105(a)(2)(viii). The prohibition of certain
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-7A1_Rcd.pdf
  • they will be able to build and operate facilities that will fully comply with the Commission's current technical and legal requirements. Participants in Auction 90 should continue such research throughout the auction. For further details regarding due diligence, please refer to the Auction 90 Procedures Public Notice, section I.B.3.23 14.Prohibition of Certain Communications.The Bureaus remind applicants that sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements, which may include communications regarding the post-auction market structure, unless they have identified each other on their short-form applications as parties with which they have entered into agreements under section 1.2105(a)(2)(viii).24 15.The prohibition of certain
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  • be able to build and operate facilities that will fully comply with the Commission's current technical and legal requirements. Participants in this auction should continue such research throughout the auction. For further details regarding due diligence, please refer to the Auction 93 Procedures Public Notice, section I.B.3. . Prohibition of Certain Communications. The Bureaus remind applicants that sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements, which may include communications regarding the post-auction market structure, unless they have identified each other on their short-form applications as parties with which they have entered into agreements under section 1.2105(a)(2)(viii). In broadcast services, the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-148A1_Rcd.pdf
  • sufficient time for the wire transfer to be initiated and completed prior to the deadline. The Commission has repeatedly cautioned auction participants about the importance of planning ahead to 9Each of these rejected applicants will retain its status as an applicant in Auction 93 and will remain subject to the Commission's rules prohibiting certain communications, 47 C.F.R. �� 1.2105(c) and 73.5002(d), but will not be eligible to bid. 10Reexamination of the Comparative Standard for Noncommercial Educational Applicants, MM Docket No. 95-31, Second Report and Order, 18 FCC Rcd 6691, 6699-6700 �� 21-22, FCC 03-44 (2003); Memorandum Opinion and Third Order on Reconsideration, 23 FCC Rcd 17423, FCC 08-219 (2008). This procedure has been codified at 47 C.F.R. � 73.5002(b). 11Applications specifying
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-374A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-374A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-374A1.txt
  • of the auction. Detailed instructions for reviewing and downloading round results are provided in the Integrated Spectrum Auction System (ISAS) Bidder's Guide. The bidder's guide is included with qualified bidders' registration materials and is available in electronic form through the ``HELP'' link in the FCC Auction System. APPLICANTs' continuing OBLIGATIONS Prohibited Communications The Bureaus remind applicants that sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants for construction permits in any of the same geographic license areas from communicating with another applicant about bids, bidding strategies, or settlements, which may include communications regarding post-auction market structure, unless each applicant has identified the other applicant on its short-form application as a party with which the applicant has entered into an agreement
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-374A1_Rcd.pdf
  • registration mailing by 12:00 noon Eastern Time (ET) on Tuesday, March 20, 2012, must contact the Auctions Hotline directly at (717) 338-2868. Qualified bidders must have these registration materials to 3Auction 93 Procedures Public Notice, 26 FCC Rcd at 15487-88 �� 6-7;see alsoAuction 93 Status Public Notice. 4See Auction 93 Status Public Noticeat 2-3 � 6. See also47 C.F.R. � 73.5002(b). 5See47 C.F.R. �� 1.2105(c) and 73.5002(d); see also Auction 93 Procedures Public Notice, 26 FCC Rcd at 15488- 93 �� 8-28. 2386 submit bids. Receipt of the registration mailing is critical to participating in both the mock auction and the actual auction, and each qualified bidder must ensure that it hasreceived all registration information. B. Registration Material Replacement 10.In the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-288368A1.pdf
  • in administrative proceedings before the FCC, Biltmore argued that Liberty should have been disqualified for failure to submit a timely family media certification and that the license should have been awarded to Biltmore as 2008-5055 3 the next highest bidder. Biltmore Forest Broad. FM, Inc. v. FCC, 321 F.3d 155, 159 (D.C. Cir. 2003) ("Biltmore I"). Biltmore noted that � 73.5002(b) of the FCC's regulations provides that "[t]o participate in . . . [an] auction[ ], all applicants must timely submit short-form applications [ ], along with all required certifications, information and exhibits, pursuant to the provisions of Section 1.2105(a) and any Commission public notices." Pl.-Appellant's Final Br., Biltmore I, No. 01-1392, at 5 (D.C. Cir. July 18, 2002) (emphases in
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  • box submissions, FCC File Nos. BNP-20040129AJT - MX 84-58, BNP-20040129AJP - MX 84-58, and BNP-20040129AJL - MX 84-20).'' 3. Paragraph 3, sentence 3 is corrected to read as follows: ``Accordingly, because CBI had checked the NCE box - and thereby appeared to be applying for NCE stations - its Applications were dismissed on January 29, 2007, in accordance with Section 73.5002(b) of the Rules.'' FEDERAL COMMUNICATIONS COMMISSION Peter H. Doyle Chief, Audio Division Media Bureau -FCC- Federal Communications Commission Federal Communications Commission � H � � � � � � � �
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  • results of the auction without opportunity for resubmission after the filing deadline, as BFBFM claims. First, the applicable Commission rules do not expressly provide that a short-form application omitting this particular certification is unacceptable for filing and will be dismissed with prejudice (i.e., with no opportunity to supply the missing certification after the short-form filing deadline). In this regard, Section 73.5002(b) provides that ``[t]o participate in broadcast service or ITFS auctions, all applicants must timely submit short-form applications (FCC Form 175), along with all required certifications, information and exhibits, pursuant to the provisions of 47 C.F.R. � 1.2105(a) and any Commission public notices.'' Also, pursuant to Section 73.5002(c), applicants for a broadcast auction are subject to the provisions of 1.2105(b) regarding
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  • July 9, 1999 (``July Public Notice''). The July Public Notice set forth, among other things, the requirements for auction participants' short-form applications, including required certifications. Noordyk concedes he did not file the family interest certification with his short-form application, although as noted above he filed the certification after the Bureau directed him to do so. 6. Henderson cites 47 C.F.R. �73.5002(b), which states applicants must timely submit short-form applications that are to include ``all required certifications . . . pursuant to the provisions of 47 C.F.R. �1.2105(a) and any Commission public notices,'' and �1.2105(b)(2), which states that ``[t]he Commission will provide bidders a limited opportunity to cure defects specified herein (except for failure to sign the application and to make certifications)
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  • section states: ``Nothing . . . in the use of competitive bidding shall be construed to relieve the Commission of the obligation in the public interest to continue to use engineering solutions, negotiation . . . and other means in order to avoid mutual exclusivity in application and licensing proceedings.'' 47 U.S.C. � 309(j)(6)(E). See 47 C.F.R. �� 1.2105(c) and 73.5002(d). Id. � 1.1205(c)(1). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Services, MM Docket No. 97-234, First Report & Order, 13 FCC Rcd 15920, 15927 (1998). See also AM Auction No. 32 Mutually Exclusive Applicants Subject to Auction, Public Notice, DA 00-2416 (released October 27, 2000). See Implementation of
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  • with a displacement relief application of an analog or digital LPTV, TV translator or Class A TV licensee or permittee? Authorization of New Digital Stations. Applications for new analog LPTV and TV translator stations and major facilities modifications to existing LPTV and TV translator stations are subject to the application filing and competitive bidding or ``auctions'' procedures given in Section 73.5002 et seq. of our rules. The process begins with a Commission Public Notice announcing an auction proceeding, including the time period during which all applicants seeking to participate in an auction must file their applications (``auction filing window''). We must consider whether to apply some or all of these procedures to digital LPTV and TV translator applications or whether to
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  • but for the prohibition on settlement discussions for MX Group AM 04 as stated in the MX Public Notice. In contrast, MX Group AM 25 was an AM application group that included at least one AM major modification application. These applicants were entitled to settle or otherwise resolve their mutual exclusivity by means of engineering solutions. See 47 C.F.R. � 73.5002(d). See also supra note 5 and infra notes 38 and 39. A March 26, 2001, Amendment to Application for Review indicated that the parties were unable to reach an accord and no settlement was submitted. See Broadcast First Report and Order, 13 FCC Rcd at 15975. Id. See also n.4, supra. Broadcast First Report and Order, 13 FCC Rcd at
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  • 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 facilities of an authorized station. AM applications for new facilities or for major modifications, whether for commercial broadcast stations or noncommercial educational broadcast stations, as described in 47 U.S.C. � 397(6), will be accepted only during these specified periods. Applications submitted prior to the
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  • U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309 and 325(e). 2. Section 1.65 is amended by revising paragraph (b) to read as follows: � 1.65 Substantial and significant changes in information furnished by applicants to the Commission. * * * * * b) Applications in broadcast services subject to competitive bidding will be subject to the provisions of �� 1.2105(b), 73.5002 and 73.3522 regarding the modification of their applications. * * * * * Section 1.815 is amended by deleting and reserving paragraph (c)(1). Section 1.933 is amended by adding paragraphs (c)(8) and (c)(9) to read as follows: � 1.933 Public notices. * * * * * (c) * * * (8) Broadband Radio Service; and (9) Educational Broadband Service. *
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  • technical amendment places it beyond the scope of the Section 1.2105 anti-collusion rule is incorrect. His proposed amendment represents a post-Form 175 filing effort to remove application conflict and resolve mutual exclusivity, of the type rejected by the Commission. Moreover, each of his three amendment submissions violates not just the anti-collusion provisions of Section 1.2105, but also Sections 1.2105(b) and 73.5002(c), both of which prohibit post-filing deadline major amendments to Form 175 applications, except in limited circumstances not present here. This prohibition on major amendments has a sound policy basis, discussed above. 14. Combs also reasserts his contention that Section 309(j)(6)(E) of the Act compels us to eliminate mutual exclusivity through engineering amendments. As discussed above, however, the statute requires us
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  • or for new digital LPTV, TV translator or Class A facilities, we must resolve mutual exclusivity through competitive bidding. In the Notice we stated that applications for new analog LPTV and TV translator stations and major facilities modifications to existing LPTV and TV translator stations are subject to the application filing and competitive bidding or ``auctions'' procedures given in Section 73.5002 et seq. of the rules. That process generally begins with a Commission Public Notice announcing an auction proceeding, including the time period during which all applicants seeking to participate in an auction must file their applications (an ``auction filing window''). We sought comment on whether to apply some or all of these procedures to digital LPTV and TV translator applications
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  • 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, 15928 (1998) (``Broadcast First Report and Order''). See also 47 C.F.R. � 73.3571(h)(1)(i). See, e.g., 47 C.F.R. �� 74.24(i) (principal community coverage requirement), 73.37 (signal overlap), 73.182 (interference and other engineering standards). Id. � 73.5002(d). 47 U.S.C. � 307(b). See Broadcast First Report and Order, 13 FCC Rcd at 15964-65. First Broadcasting Petition at 8. Id. at 8-9. Id. at 27-28. Id. at 28. Amendment of the Commission's Rules to Permit FM Channel and Class Modifications by Application, 8 FCC Rcd 4735 (1993) (``One-Step Order''). First Broadcasting Petition at 29. Id. at 10 n.30. Ashbacker
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  • on the processing of more than ten applications per filer. We are hopeful that as a result of this cap the Media Bureau will be able to shorten the period between windows for both new LPFM and FM translator stations. We direct the Media Bureau to issue a public notice announcing the opening of the settlement window required by Sections 73.5002 (c) and (d) of the Rules. Applicants must select the ten applications they wish to preserve before the settlement window opens. With the imposition of this cap, we direct the Media Bureau to resume the processing of Auction No. 83 filings. Specifically, the Media Bureau is to expeditiously process the applications of any applicant that is now in compliance or
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  • reserved for the exclusive use of broadcast stations that provide or intend to provide noncommercial educational (``NCE'') service.'' These new policies included the decision to permit applicants for NCE stations to apply for non-reserved channels, but to dismiss such applications should they conflict with applications for commercial stations. One petitioner seeks reconsideration of this decision, which was codified in Section 73.5002(b) of our rules. For the reasons discussed below, we decline to reconsider establishment of this rule and affirm our decision to dismiss applicants for NCE stations for non-reserved channels that conflict with applications for commercial stations. Several other petitioners seek reconsideration of our decision not to accept any amendments to a discrete group of long-pending NCE applications, including amendments to
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  • correct data submitted in Form 175 or the tech box, including proposals to change community of license before an applicant has been awarded a construction permit. We invite comment on this proposal. F. Codify the Permissibility of Non-Universal Engineering Solutions and Settlement Proposals. 29. Background. The broadcast auction anti-collusion rules apply generally upon the filing of a short-form application. Section 73.5002(d) of the Commission's rules, however, provides applicants in certain mutually exclusive application groups a limited opportunity to resolve conflicts by means of technical amendment or settlement. This exception to the anti-collusion rules applies only to those groups that include either (1) at least one AM major modification; (2) at least one noncommercial educational application; or (3) applications for new stations
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  • 4; CDE Comments at 2. See 47 C.F.R. � 74.709; NPTSC Comments at 4-5. See supra �� 25-26, 29. See 47 C.F.R. � 74.735. See 47 C.F.R. � 74.736. See 47 C.F.R. � 74.734. See 47 C.F.R. � 74.763. Thomas C. Smith Comments at 1. See 47 C.F.R. �� 1.2100 et seq. & 73.5000 et seq. See 47 C.F.R. � 73.5002(c). See Digital Low Power Report and Order, 19 FCC Rcd at 19396, �197. Id. NAB/MSTV Comments at 3; see also CEA Comments at 1-3. NAB/MSTV Comments at 3-4. CEA Comments at 1-3. Id. Id. Id. NAB/MSTV Comments at 4. See APTS Comments at 2; Idaho Public Television Comments 2-4; NAB/MSTV Comments at 6-7; CBA Comments at 2; Thomas C. Smith
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  • change a proposed community of license or frequency will not be accepted. We emphasize that by this rule change we do not intend to disturb our determination that full technical review of applications will not occur until winning bidders file long-form applications after an auction. We further note that this opportunity to cure is not a settlement opportunity under Section 73.5002(d) of our Rules, and will occur prior to the disclosure by the Commission of any information on applications submitted during the short-form filing window. We believe that this approach will accomplish our administrative goals without depriving applicants of needed flexibility. If we find that many MX groups are being delayed significantly because of the dismissal/amendment process, or if it appears
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  • that an auctions process would likely result in licensing outcomes that have little or no correlation to the Section 5(1) or 5(2) directives. See National Public Radio v. FCC, 254 F.3d 226 (D.C. Cir. 2001) (vacating licensing rules for resolving conflicts between commercial and NCE applications) (subsequent history omitted). See 47 C.F.R. � 73.907(d). See supra, n.19. See 47 C.F.R. 73.5002 (c) and (d). For example, a mutually exclusive group of translator applications could consist of four applications, each specifying the same channel at the same location. Absent amendments, one of these applications could be granted without impacting LPFM channel availability. But under the flexible translator technical rules, these four applicants could enter into an agreement under which each application could
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  • Tribes... [Q]ualifying Tribes or tribal entities must be those at least a portion of whose tribal lands lie within the proposed station's principal community contour.''). The other applicable requirements that we established in the First R&O also would have to be satisfied in order to meet threshold requirements. Second R&O, 26 FCC Rcd at 2588. See 47 C.F.R. �� 1.2105(c), 73.5002(d). Id. Id. at 2590. Id. GRTI Comments at 5. NPM/NCAI Second FNPRM Comments at 3. NPM/NCAI Second FNPRM Comments at 4-5; GRTI Reply Comments at 3. Id. at 3-4; NPM/NCAI Second FNPRM Comments at 5-8. Id. at 5. Id. at 6-7. GRTI Reply Comments at 4-6. Id. at 6-7. Id. at 2-3; NPM/NCAI Second FNPRM Comments at 9. See, e.g.,
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  • 25 percent exclusion RSS limit to prevent continually increasing interference in the AM band and also reduce, in some cases, existing levels of interference. AM Improvement Report and Order, 6 FCC Rcd at 6294. H&D Comments at 10. Id. H&D Comments at 13-14. MEI Comments at 14. Nelson, 18 FCC Rcd at 3419. Id. at 3418. See 47 C.F.R. � 73.5002(c) and (d). See also AM Auction 84 MX Public Notice, 20 FCC Rcd at 10564-65 (setting forth procedures for submitting settlement agreements and engineering solutions that resolve technical conflicts with other applications in the specified MX group). First R&O, 25 FCC Rcd at 1604. See also AM Auction No. 84, MX Group 84-39 Reconfigured Due to Settlements and Technical Resolutions;
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  • with LFPM filings. Third Further Notice, 26 FCC Rcd at 9995-96. Id. at 9990. See also id. at Appendix A. Third Further Notice, 26 FCC Rcd at 9996. We have since updated this study and have attached the results at Appendix A. Id. at 9997. Id. Id. at 9996. Id. Id. at 9998. Id. Id. at 9997. See 47 C.F.R. 73.5002 (c) and (d). Third Further Notice, 26 FCC Rcd at 9998. An application proposing to relocate a transmitter closer to a larger market is commonly referred to as a ``move in'' modification application. Id. Id. at 9998-99. Some commenters still support the notion of a cap. See, e.g., Comments of NPR at 5 (supporting an application cap); Comments of WUSB
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  • subject to the provisions of Sections. 73.3522, 73.3580, and 1.1111 of this chapter pertaining to major changes. Such major modification applications filed for Class A TV, low power TV, TV translator, TV booster stations, and for a non-reserved television allotment, are subject to competitive bidding procedures and will be dismissed if filed outside a specified filing period. See 47 CFR 73.5002(a). (b) * * * A new file number will be assigned to an application for a new station or for major changes in the facilities of an authorized station, when it is amended so as to effect a major change, as defined in paragraphs (a)(1) or (a)(2) of this section, or result in a situation where the original party or
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  • that an auctions process would likely result in licensing outcomes that have little or no correlation to the Section 5(1) or 5(2) directives. See National Public Radio v. FCC, 254 F.3d 226 (D.C. Cir. 2001) (vacating licensing rules for resolving conflicts between commercial and NCE applications) (subsequent history omitted). See 47 C.F.R. � 73.907(d). See supra, n.19. See 47 C.F.R. 73.5002 (c) and (d). For example, a mutually exclusive group of translator applications could consist of four applications, each specifying the same channel at the same location. Absent amendments, one of these applications could be granted without impacting LPFM channel availability. But under the flexible translator technical rules, these four applicants could enter into an agreement under which each application could
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • 73.4265 Telephone conversation broadcasts (network and like sources). [806]TEXT [807]PDF 73.4266 Tender offer and proxy statements. [808]TEXT [809]PDF 73.4267 Time brokerage. [810]TEXT [811]PDF 73.4275 Tone clusters; audio attention-getting devices. [ [812]Public Notice, July 2, 1976 ] [813]TEXT [814]PDF 73.4280 Character evaluation of broadcast applicants. Subpart I -- Competitive Bidding Procedures [815]TEXT [816]PDF 73.5000 Services subject to competitive bidding. [817]TEXT [818]PDF 73.5002 Application and certification procedures; return of mutually exclusive applications not subject to competitive bidding procedures; prohibition of collusion. [819]TEXT [820]PDF 73.5003 Submission of full payments. [821]TEXT [822]PDF 73.5005 Filing of long-form applications. [823]TEXT [824]PDF 73.5006 Filing of petitions to deny against long-form applications. [825]TEXT [826]PDF 73.5007 Designated entity provisions. [827]TEXT [828]PDF 73.5008 Definitions applicable for designated entity provisions. [829]TEXT [830]PDF
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  • Telephone Company v. Federal Communications Commission, 220 F. 3d 601 (2000) (rejecting an argument that the Commission's procedures artificially created artificial or phantom mutual exclusivity). 47 U.S.C. � 309(j)(1); see also Broadcast First Report and Order, 13 FCC Rcd at 15974, 15980, �� 142, 154; Broadcast MO&O, 14 FCC Rcd at 8751, �� 54-55 n. 77, 78; 47 C.F.R. � 73.5002(a)(b); 47 U.S.C. � 309(j)(1); July 9th Public Notice, 14 FCC Rcd at 10646-10648. The September 3rd Public Notice listed applicants who were disqualified from participation in Auction No. 25 because mutually exclusive applications were not filed for their respective MX Groups. September 3rd Public Notice, 14 FCC Rcd at 14114, 14151-14153 (1999); see also KDTV, DA 00-627, 15 FCC Rcd
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  • provides that: "With respect to competing applications for initial licenses or construction permits for 2 commercial radio or television stations that were filed with the Commission before July 1, 1997, the Commission shall -- -- (2) treat the persons filing such applications as the only persons eligible to be qualified bidders for the purposes of such [competitive bidding] proceeding," Section 73.5002 specifies the bidding procedures, certification requirements, and anti-collusion rules applicable to 3 mutually exclusive applications for commercial broadcast services that are subject to auction. Subsection (b) of that rule requires the timely submission of short-form applications along with all required certifications, information and exhibits pursuant to the provisions of 47 C.F.R. � 1.2105(a). Section 1.2105, in turn, requires the disclosure
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  • be included in the September 28, 1999 auction. Pursuant to the July 9th Public Notice, those applicants that did not settle with the other applicants in their mutually exclusive application groups and that intended to participate in the auction were required to submit an FCC Form 175 by 5:30 PM ET on August 20, 1999. See also 47 C.F.R. � 73.5002(b) and Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, First Report and Order, MM Docket No. 97-234, 13 FCC Rcd 15920 (1998). The July 9th Public Notice stated that those applicants that did not submit an FCC Form 175 by the August 20, 1999 deadline would have their
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  • application is "pending" before the Commission from the time it is accepted for filing by the Commission until a Commission grant or denial of the application is no longer subject to reconsideration by the Commission or to review by any court. (b) Applications in ITFS and broadcast services subject to competitive bidding will be subject to the provisions of �� 73.5002, 73.3522 and 1.2105(b) regarding the modification of their applications. * * * * * Subpart L - Random Selection Procedures for Mass Media Services Section 1.1601 is amended to read as follows: � 1.1601 Scope. The provisions of this subpart, and the provisions referenced herein, shall apply to applications for initial licenses or construction permits or for major changes in
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  • of Proprietary Network and Software for Filing Applications Electronically 42. Background. In accordance with the general Part 1 auction rules, the First Report and Order determined that all broadcast and secondary broadcast applicants would be required to file electronically their short-form applications (FCC Form 175) to participate in an auction. See 13 FCC Rcd at 15977; 47 C.F.R. �� 1.2105(a), 73.5002(b). With regard to the long-form applications filed by broadcast service auction winners, the First Report and Order referred to the Commission's then-pending streamlining proceeding,52 and stated that the Commission may require all winning bidders to file their long-form applications (FCC Forms 301, 346 or 349) electronically, when electronic procedures become available for the submission of broadcast service long-form applications. See
• http://wireless.fcc.gov/auctions/28/releases/da992958.doc http://wireless.fcc.gov/auctions/28/releases/da992958.pdf http://wireless.fcc.gov/auctions/28/releases/da992958.txt
  • nor will it preclude the initiation of an investigation when warranted. Applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement(s) in their FCC Form 175 short-form applications. By electronically submitting their FCC Form 175 short-form applications, applicants are certifying their compliance with Sections 1.2105(c) and 73.5002. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission, as promptly as possible and in any event within 30 days, of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant
• http://wireless.fcc.gov/auctions/28/releases/fc980194.pdf http://wireless.fcc.gov/auctions/28/releases/fc980194.txt http://wireless.fcc.gov/auctions/28/releases/fc980194.wp
  • application is "pending" before the Commission from the time it is accepted for filing by the Commission until a Commission grant or denial of the application is no longer subject to reconsideration by the Commission or to review by any court. (b) Applications in ITFS and broadcast services subject to competitive bidding will be subject to the provisions of �� 73.5002, 73.3522 and 1.2105(b) regarding the modification of their applications. * * * * * Subpart L - Random Selection Procedures for Mass Media Services Section 1.1601 is amended to read as follows: � 1.1601 Scope. The provisions of this subpart, and the provisions referenced herein, shall apply to applications for initial licenses or construction permits or for major changes in
• http://wireless.fcc.gov/auctions/28/releases/fc990074.pdf http://wireless.fcc.gov/auctions/28/releases/fc990074.txt http://wireless.fcc.gov/auctions/28/releases/fc990074.wp
  • of Proprietary Network and Software for Filing Applications Electronically 42. Background. In accordance with the general Part 1 auction rules, the First Report and Order determined that all broadcast and secondary broadcast applicants would be required to file electronically their short-form applications (FCC Form 175) to participate in an auction. See 13 FCC Rcd at 15977; 47 C.F.R. �� 1.2105(a), 73.5002(b). With regard to the long-form applications filed by broadcast service auction winners, the First Report and Order referred to the Commission's then-pending streamlining proceeding,52 and stated that the Commission may require all winning bidders to file their long-form applications (FCC Forms 301, 346 or 349) electronically, when electronic procedures become available for the submission of broadcast service long-form applications. See
• http://wireless.fcc.gov/auctions/32/releases/d992585a.doc http://wireless.fcc.gov/auctions/32/releases/d992585a.txt
  • filing of the FCC Form 175 application is included as Attachment D to this Public Notice. Technical support is available at (202) 414-1250 (voice) or (202) 414-1255 (text telephone (TTY)); the hours of service are 8 a.m. - 6 p.m. EST, Monday - Friday. (2) Completion of the FCC Form 175 Applicants should carefully review 47 C.F.R. Sections 1.2105 and 73.5002 and must complete all items on the FCC Form 175. Detailed instructions for completing the FCC Form 175 are in Attachment B of this Public Notice. Form 175 is not submitted to the FCC until an applicant receives confirmation from the filing system that the form has been received by the Commission. Prohibition of Collusion To insure the competitiveness and
• http://wireless.fcc.gov/auctions/32/releases/d992585b.doc http://wireless.fcc.gov/auctions/32/releases/d992585b.txt
  • Form 175 itself, applicants must submit additional information required by the FCC's rules. Although the FCC does not require a particular format for this information, it has developed the following guidelines that will facilitate the processing of short-form applications. The FCC encourages applicants to submit this information using the following format. Exhibit A -- Applicant Identity and Ownership Information: Section 73.5002 of the broadcast competitive bidding procedural rules specifies the bidding procedures, certification requirements, and anti-collusion rules applicable to applications for commercial broadcast services that are subject to auction. Subsection (b) of that rule requires the timely submission of short-form applications along with all required certifications, information and exhibits pursuant to the provisions of 47 C.F.R. � 1.2105(a). Section 1.2105, in
• http://wireless.fcc.gov/auctions/32/releases/d992585c.doc http://wireless.fcc.gov/auctions/32/releases/d992585c.txt
  • attribution. Bidders must have consummated the transaction by the short form filing deadline to avoid attribution. See 47 C.F.R. � 1.2105. Section 73.5007 of the Commission's rules was most recently revised pursuant to the Memorandum Opinion and Order on Reconsideration. The revised version of the rule became effective on July 6, 1999. See 47 C.F.R. � 73.5007( c ). Section 73.5002 of the broadcast competitive bidding procedural rules specifies the bidding procedures, certification requirements, and anti-collusion rules applicable to applications for commercial broadcast services that are subject to auction. Subsection (b) of that rule requires the timely submission of short-form applications along with all required certifications, information and exhibits pursuant to the provisions of 47 C.F.R. � 1.2105(a). Section 1.2105, in
• http://wireless.fcc.gov/auctions/32/releases/da002416.doc http://wireless.fcc.gov/auctions/32/releases/da002416.pdf http://wireless.fcc.gov/auctions/32/releases/da002416.txt
  • a period for filing 47 U.S.C. � 307(b) supplementary information, if relevant; the deadline for both is December 29, 2000. Anti-Collusion Rule. The prohibition of collusion set forth in 47 C.F.R. � 1.2105(c) becomes effective upon the filing of FCC Form 175, Application to Participate in an FCC Auction, and applies to all broadcast service auctions. See 47 C.F.R. � 73.5002(d). However, in certain circumstances, the Commission will allow a limited opportunity to settle, or otherwise resolve mutual exclusivities by means of engineering solutions, following the filing of the FCC Form 175 applications. Specifically, mutually exclusive groups listed in Attachment A consisting of either (1) major modification AM applications that are mutually exclusive with each other; or (2) major modification and
• http://wireless.fcc.gov/auctions/32/releases/da011441.doc http://wireless.fcc.gov/auctions/32/releases/da011441.pdf http://wireless.fcc.gov/auctions/32/releases/da011441.txt
  • the related FCC Form 175. A courtesy copy of any Form 175/Form 301 application package filed during the window should also be sent to Elizabeth Robinson, Federal Communications Commission, Mass Media Bureau, Audio Services Division, Room 2-B450, 445 12th Street, S.W., Washington, D.C. 20554. (3) Completion of the FCC Form 175 Applicants should carefully review 47 C.F.R. Sections 1.2105 and 73.5002 and must complete all items on the FCC Form 175. Detailed instructions for completing the FCC Form 175 are listed in Attachment B of this Public Notice. Failure to sign the FCC Form 175 will result in dismissal of the application and loss of the ability to participate in the auction. Only original signatures will be accepted for filed applications.
• http://wireless.fcc.gov/auctions/32/releases/fc990074.pdf http://wireless.fcc.gov/auctions/32/releases/fc990074.txt http://wireless.fcc.gov/auctions/32/releases/fc990074.wp
  • of Proprietary Network and Software for Filing Applications Electronically 42. Background. In accordance with the general Part 1 auction rules, the First Report and Order determined that all broadcast and secondary broadcast applicants would be required to file electronically their short-form applications (FCC Form 175) to participate in an auction. See 13 FCC Rcd at 15977; 47 C.F.R. �� 1.2105(a), 73.5002(b). With regard to the long-form applications filed by broadcast service auction winners, the First Report and Order referred to the Commission's then-pending streamlining proceeding,52 and stated that the Commission may require all winning bidders to file their long-form applications (FCC Forms 301, 346 or 349) electronically, when electronic procedures become available for the submission of broadcast service long-form applications. See
• http://wireless.fcc.gov/auctions/37/releases/da010119.doc http://wireless.fcc.gov/auctions/37/releases/da010119.txt
  • has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same market. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Sections 1.2105(c) and 73.5002. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of
• http://wireless.fcc.gov/auctions/37/releases/da010119e.pdf
  • has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same market.20 By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Sections 1.2105(c) and 73.5002. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application.21 Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of
• http://wireless.fcc.gov/auctions/80/releases/da992824.doc http://wireless.fcc.gov/auctions/80/releases/da992824.pdf http://wireless.fcc.gov/auctions/80/releases/da992824.txt
  • filing of the FCC Form 175 application is included as Attachment D to this Public Notice. Technical support is available at (202) 414-1250 (voice) or (202) 414-1255 (text telephone (TTY)); the hours of service are 8 a.m. - 6 p.m. EST, Monday - Friday. (2) Completion of the FCC Form 175 Applicants should carefully review 47 C.F.R. Sections 1.2105 and 73.5002 and must complete all items on the FCC Form 175. Detailed instructions for completing the FCC Form 175 are in Attachment B of this Public Notice. Form 175 is not submitted to the FCC until an applicant receives confirmation from the filing system that the form has been received by the Commission. Prohibition of Collusion To insure the competitiveness and
• http://wireless.fcc.gov/auctions/81/releases/da001383.doc http://wireless.fcc.gov/auctions/81/releases/da001383.pdf http://wireless.fcc.gov/auctions/81/releases/da001383.txt
  • filing of the FCC Form 175 application is included as Attachment E to this Public Notice. Technical support is available at (202) 414-1250 (voice) or (202) 414-1255 (text telephone (TTY)); the hours of service are 7 a.m. - 10 p.m. EST, Monday - Friday. (2) Completion of the FCC Form 175 Applicants should carefully review 47 C.F.R. Sections 1.2105 and 73.5002 and must complete all items on the FCC Form 175. Detailed instructions for completing the FCC Form 175 are in Attachment C of this Public Notice. The FCC Form 175 is not submitted to the FCC until an applicant receives confirmation from the filing system that the form has been received by the Commission. Prohibition of Collusion To ensure the
• http://wireless.fcc.gov/auctions/82/releases/d011300a.pdf
  • 1.2112. Also list in an exhibit all parties with whom the applicant has entered into an agreement(s), of any kind, relating to the facilities being auctioned including, where applicable, such agreement(s) relating to the post-auction market structure. See 47 C.F.R. � 1.2105(a). For broadcast applicants, the anti-collusion provisions of 47 C.F.R. Part 1 are modified pursuant to 47 C.F.R. � 73.5002(d). Item 14. Authorized Bidders: Enter the name(s) of the person(s) you wish to designate as an authorized representative(s). Only authorized representatives will be allowed to make or withdraw bids at an auction. You may list a maximum of three (3) authorized representatives. Item 15. Certification: Enter the name of the individual authorized to submit the application, his/her title, date of
• http://wireless.fcc.gov/auctions/82/releases/da011300.doc http://wireless.fcc.gov/auctions/82/releases/da011300.pdf http://wireless.fcc.gov/auctions/82/releases/da011300.txt
  • receipt recommended), addressed to: FCC Form 175 Filing Auction No. 82 Federal Communications Commission Wireless Telecommunications Bureau Auctions and Industry Analysis Division 1270 Fairfield Road Gettysburg, PA 17325-7245 NOTE: Applications delivered to any other location or applications sent via facsimile will not be accepted. (2) Completion of the FCC Form 175 Applicants should carefully review 47 C.F.R. Sections 1.2105 and 73.5002 and must complete all items on the FCC Form 175. Detailed instructions for completing the FCC Form 175 are listed Attachment B of this Public Notice. Failure to sign the FCC Form 175 will result in dismissal of the application and loss of the ability to participate in the auction. Only original signatures will be accepted for filed applications. Prohibition
• http://wireless.fcc.gov/auctions/85/bidding/AntiCollusionSlides.pdf
  • notices. Applicants must familiarize themselves thoroughly and remain current with the Commission's rules, Orders, and Public Notices relating to the low power television, television translator, and Class A television broadcast rules relating to application and auction procedures, and the procedures, terms and conditions contained in the Auction 85 public notices. According to 47 Code of Federal Regulations Sections 1.2105(b) and 73.5002(d), unless an agreement is properly disclosed, a communication concerning a bid, bidding strategy, or settlement agreement (including a post- auction market structure) is prohibited among mutually-exclusive applicants in this auction. Anti-Collusion Rules Anti-Collusion Rules Each of the applicants in this auction certified, under penalties of perjury, in its short-form application that the applicant had not entered and will not enter
• http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
  • exhibits identified in � 73.5005(a). * * * * * 57. Amend � 73.3572 by revising paragraphs (e) and (f) to read as follows: � 73.3572 Processing of TV Broadcast, Class A TV Broadcast, low power TV, TV translator and TV booster station applications. * * * * * (e) The FCC will specify by Public Notice, pursuant to � 73.5002, a period for filing applications for a new non-reserved television, low power TV and TV translator stations or for major modifications in the facilities of such authorized stations and major modifications in the facilities of Class A TV stations. Federal Communications Commission DA 02-847 A-31 (f) Applications for minor modification of Class A TV, low power TV, TV translator and
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.txt
  • subject to the provisions of Sections. 73.3522, 73.3580, and 1.1111 of this chapter pertaining to major changes. Such major modification applications filed for Class A TV, low power TV, TV translator, TV booster stations, and for a non-reserved television allotment, are subject to competitive bidding procedures and will be dismissed if filed outside a specified filing period. See 47 CFR 73.5002(a). (b) * * * A new file number will be assigned to an application for a new station or for major changes in the facilities of an authorized station, when it is amended so as to effect a major change, as defined in paragraphs (a)(1) or (a)(2) of this section, or result in a situation where the original party or
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Actions/da001192.doc
  • be included in the March 21, 2000 auction. Pursuant to the December 23rd Public Notice, those applicants that did not settle with the other applicants in their mutually exclusive application groups and that intended to participate in the auction were required to submit an FCC Form 175 by 5:30 PM ET on February 18, 2000. See also 47 C.F.R. � 73.5002(b) and Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, First Report and Order, MM Docket No. 97-234, 13 FCC Rcd 15920 (1998). The December 23rd Public Notice stated that those applicants that did not submit an FCC Form 175 by the February 18, 2000 deadline would have their
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Actions/da992074.doc
  • be included in the September 28, 1999 auction. Pursuant to the July 9th Public Notice, those applicants that did not settle with the other applicants in their mutually exclusive application groups and that intended to participate in the auction were required to submit an FCC Form 175 by 5:30 PM ET on August 20, 1999. See also 47 C.F.R. � 73.5002(b) and Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, First Report and Order, MM Docket No. 97-234, 13 FCC Rcd 15920 (1998). The July 9th Public Notice stated that those applicants that did not submit an FCC Form 175 by the August 20, 1999 deadline would have their
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/LPTV_Notices/da001383.doc
  • filing of the FCC Form 175 application is included as Attachment E to this Public Notice. Technical support is available at (202) 414-1250 (voice) or (202) 414-1255 (text telephone (TTY)); the hours of service are 7 a.m. - 10 p.m. EST, Monday - Friday. (2) Completion of the FCC Form 175 Applicants should carefully review 47 C.F.R. Sections 1.2105 and 73.5002 and must complete all items on the FCC Form 175. Detailed instructions for completing the FCC Form 175 are in Attachment C of this Public Notice. The FCC Form 175 is not submitted to the FCC until an applicant receives confirmation from the filing system that the form has been received by the Commission. Prohibition of Collusion To ensure the
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/d992585a.doc http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/d992585a.txt
  • filing of the FCC Form 175 application is included as Attachment D to this Public Notice. Technical support is available at (202) 414-1250 (voice) or (202) 414-1255 (text telephone (TTY)); the hours of service are 8 a.m. - 6 p.m. EST, Monday - Friday. (2) Completion of the FCC Form 175 Applicants should carefully review 47 C.F.R. Sections 1.2105 and 73.5002 and must complete all items on the FCC Form 175. Detailed instructions for completing the FCC Form 175 are in Attachment B of this Public Notice. Form 175 is not submitted to the FCC until an applicant receives confirmation from the filing system that the form has been received by the Commission. Prohibition of Collusion To insure the competitiveness and
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/d992585b.doc http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/d992585b.txt
  • Form 175 itself, applicants must submit additional information required by the FCC's rules. Although the FCC does not require a particular format for this information, it has developed the following guidelines that will facilitate the processing of short-form applications. The FCC encourages applicants to submit this information using the following format. Exhibit A -- Applicant Identity and Ownership Information: Section 73.5002 of the broadcast competitive bidding procedural rules specifies the bidding procedures, certification requirements, and anti-collusion rules applicable to applications for commercial broadcast services that are subject to auction. Subsection (b) of that rule requires the timely submission of short-form applications along with all required certifications, information and exhibits pursuant to the provisions of 47 C.F.R. � 1.2105(a). Section 1.2105, in
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/d992585c.doc http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/d992585c.txt
  • attribution. Bidders must have consummated the transaction by the short form filing deadline to avoid attribution. See 47 C.F.R. � 1.2105. Section 73.5007 of the Commission's rules was most recently revised pursuant to the Memorandum Opinion and Order on Reconsideration. The revised version of the rule became effective on July 6, 1999. See 47 C.F.R. � 73.5007( c ). Section 73.5002 of the broadcast competitive bidding procedural rules specifies the bidding procedures, certification requirements, and anti-collusion rules applicable to applications for commercial broadcast services that are subject to auction. Subsection (b) of that rule requires the timely submission of short-form applications along with all required certifications, information and exhibits pursuant to the provisions of 47 C.F.R. � 1.2105(a). Section 1.2105, in
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da992824.doc
  • filing of the FCC Form 175 application is included as Attachment D to this Public Notice. Technical support is available at (202) 414-1250 (voice) or (202) 414-1255 (text telephone (TTY)); the hours of service are 8 a.m. - 6 p.m. EST, Monday - Friday. (2) Completion of the FCC Form 175 Applicants should carefully review 47 C.F.R. Sections 1.2105 and 73.5002 and must complete all items on the FCC Form 175. Detailed instructions for completing the FCC Form 175 are in Attachment B of this Public Notice. Form 175 is not submitted to the FCC until an applicant receives confirmation from the filing system that the form has been received by the Commission. Prohibition of Collusion To insure the competitiveness and
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992958.doc
  • nor will it preclude the initiation of an investigation when warranted. Applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement(s) in their FCC Form 175 short-form applications. By electronically submitting their FCC Form 175 short-form applications, applicants are certifying their compliance with Sections 1.2105(c) and 73.5002. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission, as promptly as possible and in any event within 30 days, of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant
• http://www.fcc.gov/Forms/Form175/175.pdf
  • 1.2112. Also list in an exhibit all parties with whom the applicant has entered into an agreement(s), of any kind, relating to the facilities being auctioned including, where applicable, such agreement(s) relating to the post-auction market structure. See 47 C.F.R. � 1.2105(a). For broadcast applicants, the anti-collusion provisions of 47 C.F.R. Part 1 are modified pursuant to 47 C.F.R. � 73.5002(d). Item 14. Authorized Bidders: Enter the name(s) of the person(s) you wish to designate as an authorized representative(s). Only authorized representatives will be allowed to make or withdraw bids at an auction. You may list a maximum of three (3) authorized representatives. Item 15. Certification: Enter the name of the individual authorized to submit the application, his/her title, date of
• http://www.fcc.gov/fcc-bin/audio/DA-07-4328A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4328A1.pdf
  • Major Modification Auction Filing Window; Minor Modification Application Freeze, Public Notice, 20 FCC Rcd 10563 (MB/WTB 2005). See Auction No. 84 Filing Window Public Notice. Id., 18 FCC Rcd at 23018. 47 C.F.R. � 1.2105(b)(2). Id.; see also 47 C.F.R. � 1.65(b) (``Applications in ... broadcast services subject to competitive bidding will be subject to the provisions of �� 1.2105(b), 73.5002 and 73.3522 of this chapter regarding the modification of their applications.''). Auction No. 84 Filing Window Public Notice, 18 FCC Rcd at 23021 (emphasis added); see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures; Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use - 4660-4685 MHz, Third Report and Order and Second Further
• http://www.fcc.gov/fcc-bin/audio/DA-09-406A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-406A1.pdf
  • were mutually exclusive with CBI's Applications, CBI did not conclude a settlement agreement or implement an engineering solution that would have removed the mutual exclusivity with the other applicants. Accordingly, because CBI had checked the NCE box - and thereby appeared to be applying for NCE stations - its Applications were dismissed on January 29, 2007, in accordance with Section 73.5002(b) of the Rules. CBI, however, states that it checked the NCE box in error because it believed the Item 9 inquiry required CBI to identify only its legal classification , i.e., as ``a non-profit corporation organized under 501(c)(3) of the Internal Revenue Code.'' CBI points out the similarity between its circumstance and that of certain applicants in FM Broadcast Auction
• http://www.fcc.gov/fcc-bin/audio/DA-11-1845A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1845A1.pdf
  • exchanges could touch upon impermissible subject matters because they may convey pricing information and bidding strategies. Such subject areas include, but are not limited to, issues such as management, sales, local marketing agreements, rebroadcast agreements, and other transactional agreements. Section 1.2105(c) Certification By electronically submitting a short-form application, each applicant in Auction 93 certifies its compliance with sections 1.2105(c) and 73.5002. In particular, an applicant must certify under penalty of perjury it has not entered and will not enter into any explicit or implicit agreements, arrangements or understandings of any kind with any parties, other than those identified in the application, regarding the amount of the applicant's bids, bidding strategies, or the particular construction permits on which it will or will
• http://www.fcc.gov/fcc-bin/audio/DA-12-148A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-148A1.pdf
  • be able to build and operate facilities that will fully comply with the Commission's current technical and legal requirements. Participants in this auction should continue such research throughout the auction. For further details regarding due diligence, please refer to the Auction 93 Procedures Public Notice, section I.B.3. . Prohibition of Certain Communications. The Bureaus remind applicants that sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements, which may include communications regarding the post-auction market structure, unless they have identified each other on their short-form applications as parties with which they have entered into agreements under section 1.2105(a)(2)(viii). In broadcast services, the
• http://www.fcc.gov/fcc-bin/audio/DA-12-374A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-374A1.pdf
  • of the auction. Detailed instructions for reviewing and downloading round results are provided in the Integrated Spectrum Auction System (ISAS) Bidder's Guide. The bidder's guide is included with qualified bidders' registration materials and is available in electronic form through the ``HELP'' link in the FCC Auction System. APPLICANTs' continuing OBLIGATIONS Prohibited Communications The Bureaus remind applicants that sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants for construction permits in any of the same geographic license areas from communicating with another applicant about bids, bidding strategies, or settlements, which may include communications regarding post-auction market structure, unless each applicant has identified the other applicant on its short-form application as a party with which the applicant has entered into an agreement
• http://www.fcc.gov/fcc-bin/audio/DOC-288726A1.pdf
  • application and three associated tech box submissions, FCC File Nos. BNP-20040129AJT �MX 84-58, BNP-20040129AJP �MX 84-58, and BNP-20040129AJL �MX 84-20)." 3. Paragraph 3, sentence 3 is corrected to read as follows: "Accordingly, because CBI had checked the NCE box �and thereby appeared to be applying for NCE stations �its Applications were dismissed on January 29, 2007, in accordance with Section 73.5002(b) of the Rules." FEDERAL COMMUNICATIONS COMMISSION Peter H. Doyle Chief, Audio Division Media Bureau -FCC-
• http://www.fcc.gov/fcc-bin/audio/FCC-02-44A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-02-44A1.pdf http://www.fcc.gov/fcc-bin/audio/FCC-02-44A1.txt
  • section states: ``Nothing . . . in the use of competitive bidding shall be construed to relieve the Commission of the obligation in the public interest to continue to use engineering solutions, negotiation . . . and other means in order to avoid mutual exclusivity in application and licensing proceedings.'' 47 U.S.C. � 309(j)(6)(E). See 47 C.F.R. �� 1.2105(c) and 73.5002(d). Id. � 1.1205(c)(1). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Services, MM Docket No. 97-234, First Report & Order, 13 FCC Rcd 15920, 15927 (1998). See also AM Auction No. 32 Mutually Exclusive Applicants Subject to Auction, Public Notice, DA 00-2416 (released October 27, 2000). See Implementation of
• http://www.fcc.gov/fcc-bin/audio/FCC-05-120A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-05-120A1.pdf
  • 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, 15928 (1998) (``Broadcast First Report and Order''). See also 47 C.F.R. � 73.3571(h)(1)(i). See, e.g., 47 C.F.R. �� 74.24(i) (principal community coverage requirement), 73.37 (signal overlap), 73.182 (interference and other engineering standards). Id. � 73.5002(d). 47 U.S.C. � 307(b). See Broadcast First Report and Order, 13 FCC Rcd at 15964-65. First Broadcasting Petition at 8. Id. at 8-9. Id. at 27-28. Id. at 28. Amendment of the Commission's Rules to Permit FM Channel and Class Modifications by Application, 8 FCC Rcd 4735 (1993) (``One-Step Order''). First Broadcasting Petition at 29. Id. at 10 n.30. Ashbacker
• http://www.fcc.gov/fcc-bin/audio/FCC-07-204A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-07-204A1.pdf
  • on the processing of more than ten applications per filer. We are hopeful that as a result of this cap the Media Bureau will be able to shorten the period between windows for both new LPFM and FM translator stations. We direct the Media Bureau to issue a public notice announcing the opening of the settlement window required by Sections 73.5002 (c) and (d) of the Rules. Applicants must select the ten applications they wish to preserve before the settlement window opens. With the imposition of this cap, we direct the Media Bureau to resume the processing of Auction No. 83 filings. Specifically, the Media Bureau is to expeditiously process the applications of any applicant that is now in compliance or
• http://www.fcc.gov/fcc-bin/audio/FCC-11-190A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-11-190A1.pdf
  • Tribes... [Q]ualifying Tribes or tribal entities must be those at least a portion of whose tribal lands lie within the proposed station's principal community contour.''). The other applicable requirements that we established in the First R&O also would have to be satisfied in order to meet threshold requirements. Second R&O, 26 FCC Rcd at 2588. See 47 C.F.R. �� 1.2105(c), 73.5002(d). Id. Id. at 2590. Id. GRTI Comments at 5. NPM/NCAI Second FNPRM Comments at 3. NPM/NCAI Second FNPRM Comments at 4-5; GRTI Reply Comments at 3. Id. at 3-4; NPM/NCAI Second FNPRM Comments at 5-8. Id. at 5. Id. at 6-7. GRTI Reply Comments at 4-6. Id. at 6-7. Id. at 2-3; NPM/NCAI Second FNPRM Comments at 9. See, e.g.,
• http://www.fcc.gov/fcc-bin/audio/FCC-12-29A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-12-29A1.pdf
  • with LFPM filings. Third Further Notice, 26 FCC Rcd at 9995-96. Id. at 9990. See also id. at Appendix A. Third Further Notice, 26 FCC Rcd at 9996. We have since updated this study and have attached the results at Appendix A. Id. at 9997. Id. Id. at 9996. Id. Id. at 9998. Id. Id. at 9997. See 47 C.F.R. 73.5002 (c) and (d). Third Further Notice, 26 FCC Rcd at 9998. An application proposing to relocate a transmitter closer to a larger market is commonly referred to as a ``move in'' modification application. Id. Id. at 9998-99. Some commenters still support the notion of a cap. See, e.g., Comments of NPR at 5 (supporting an application cap); Comments of WUSB
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • 73.4265 Telephone conversation broadcasts (network and like sources). [806]TEXT [807]PDF 73.4266 Tender offer and proxy statements. [808]TEXT [809]PDF 73.4267 Time brokerage. [810]TEXT [811]PDF 73.4275 Tone clusters; audio attention-getting devices. [ [812]Public Notice, July 2, 1976 ] [813]TEXT [814]PDF 73.4280 Character evaluation of broadcast applicants. Subpart I -- Competitive Bidding Procedures [815]TEXT [816]PDF 73.5000 Services subject to competitive bidding. [817]TEXT [818]PDF 73.5002 Application and certification procedures; return of mutually exclusive applications not subject to competitive bidding procedures; prohibition of collusion. [819]TEXT [820]PDF 73.5003 Submission of full payments. [821]TEXT [822]PDF 73.5005 Filing of long-form applications. [823]TEXT [824]PDF 73.5006 Filing of petitions to deny against long-form applications. [825]TEXT [826]PDF 73.5007 Designated entity provisions. [827]TEXT [828]PDF 73.5008 Definitions applicable for designated entity provisions. [829]TEXT [830]PDF
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • 73.4265 Telephone conversation broadcasts (network and like sources). [759]TEXT [760]PDF 73.4266 Tender offer and proxy statements. [761]TEXT [762]PDF 73.4267 Time brokerage. [763]TEXT [764]PDF 73.4275 Tone clusters; audio attention-getting devices. [ [765]Public Notice, July 2, 1976 ] [766]TEXT [767]PDF 73.4280 Character evaluation of broadcast applicants. Subpart I -- Competitive Bidding Procedures [768]TEXT [769]PDF 73.5000 Services subject to competitive bidding. [770]TEXT [771]PDF 73.5002 Application and certification procedures; return of mutually exclusive applications not subject to competitive bidding procedures; prohibition of collusion. [772]TEXT [773]PDF 73.5003 Submission of full payments. [774]TEXT [775]PDF 73.5005 Filing of long-form applications. [776]TEXT [777]PDF 73.5006 Filing of petitions to deny against long-form applications. [778]TEXT [779]PDF 73.5007 Designated entity provisions. [780]TEXT [781]PDF 73.5008 Definitions applicable for designated entity provisions. [782]TEXT [783]PDF
• http://www.fcc.gov/ogc/documents/opinions/2003/01-1392.pdf
  • only join issue on a matter that has been brought before the court by another party''). 8 be dismissed for failure to file the required family certifica- tion.* The July 9 Notice stated that ``Bidders must certify TTT compliance with the Commission's policies relating to media interests of immediate family members,'' 14 F.C.C. Rcd. at 10641, and 47 C.F.R. � 73.5002(b) requires that the short form application contain ``all required certifications, information and exhibits, pursuant to the provisions of 47 C.F.R. 1.2105(a) and any Commission public notices.'' Regarding the effect of an applicant's failure to submit required information, 47 C.F.R. � 1.2105(b) provides two different sanctions. First, � 1.2105(b)(1) states: Any short-form application TTT that does not contain all of the