FCC Web Documents citing 73.5007

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

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  • with combinatorial bidding. (2) Substitute for bid amount. The apportioned package bid on a license included in a package shall be used in place of the amount of an individual bid on that license when the bid amount is needed to determine the size of a designated entity bidding credit (see � 1.2110(f)(1)-(2)), a new entrant bidding credit (see � 73.5007), a bid withdrawal or default payment obligation (see � 1.2104(g)), a tribal land bidding credit limit (see � 1.2110(f)(3)(iv)), or a size-based bidding credit unjust enrichment payment obligation (see � 1.2111(d),(e)(2)-(3)), or for any other determination required by the Commission's rules or procedures. * * * * * 3. Amend � 1.2104 by revising paragraphs (c), (g)(1), and (g)(2); removing
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  • credit, the applicant must provide a certification under penalty of perjury that neither it nor any of its attributable interest holders have attributable interests in more than three media of mass communications, as defined in 47 C.F.R. � 73.5008. In addition, applicants claiming a 25 percent credit shall identify and describe such media of mass communications. See 47 C.F.R. �� 73.5007 and 73.5008. Exhibit D -- Information Requested of Designated Entities: Applicants owned by minorities or women, as defined in 47 C.F.R. � 1.2110(b)(2), or that are rural telephone companies, as defined in 47 C.F.R. � 1.2110(b)(3), may attach an exhibit regarding this status. This information, in conjunction with the information in the Applicant Status item, will assist the Commission in
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  • entrant bidding credit must certify under penalty of perjury that neither it nor any of its attributable interest holders have any attributable interests in more than three media of mass communications, and must identify and describe such media of mass communications. 3. Bidding Credits Applicants that qualify for the New Entrant Bidding Credit, as set forth in 47 C.F.R. � 73.5007, are eligible for a bidding credit that represents the amount by which a bidder's winning bid is discounted. The size of a New Entrant Bidding Credit depends on the number of ownership interests in other media of mass communications that are attributable to the bidder-entity and its attributable interest-holders: ( A 35 percent bidding credit will be given to a
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  • credit, the applicant must provide a certification under penalty of perjury that neither it nor any of its attributable interest holders have attributable interests in more than three media of mass communications, as defined in 47 C.F.R. � 73.5008. In addition, applicants claiming a 25 percent credit shall identify and describe such media of mass communications. See 47 C.F.R. �� 73.5007 and 73.5008. Exhibit D -- Information Requested of Designated Entities : Applicants owned by minorities or women, as defined in 47 C.F.R. � 1.2110(c)(3), or that are rural telephone companies, as defined in 47 C.F.R. � 1.2110(c)(4), may attach an exhibit regarding this status. This information, in conjunction with the information in the Applicant Status item, will assist the Commission
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  • credit, the applicant must provide a certification under penalty of perjury that neither it nor any of its attributable interest holders have attributable interests in more than three media of mass communications, as defined in 47 C.F.R. � 73.5008. In addition, applicants claiming a 25 percent credit shall identify and describe such media of mass communications. See 47 C.F.R. �� 73.5007 and 73.5008. Exhibit D - Defaulters and Former Defaulters Information: Each applicant must attach an Exhibit certifying that it is not in default on any Commission construction permit or license and that it is not delinquent on any non-tax debt owed to a Federal agency. Each applicant must also attach a statement made under penalty of perjury indicting whether or
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  • no case later than five business days after the communication occurs. Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, FCC 00-1270, at 10 (rel. Sept. 27, 2001). Auction No. 82 Procedures Public Notice at 4-5 and Attachment E. 47 C.F.R. �� 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. �1.2109(d). See 47 C.F.R. �� 73.5007; 73.5008; 73.3555. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov � � � � � +D�� +D`� CJ �����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
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  • Supplement to Reply to Opposition, filed by Delta May 10, 2002; and a Reply to Opposition to Motion for Declaratory Ruling, Supplement to Opposition to Application for Review, and Supplement to Reply to Opposition, filed May 16, 2002, by MBN. MBN's gross high bid was $361,000; however, MBN claimed a 25% new entrant bidding credit pursuant to 47 C.F.R. � 73.5007(a). Public Notice, ``Closed Broadcast Auction No. 25 Closes; 91 Winning Bidders in the Auction of 118 Broadcast Construction Permits,'' 14 FCC Rcd 17186, 17197 (1999). Since Delta did not claim eligibility for a bidding credit, its high gross bid is also its high net bid. Letter to Mr. Alfred L. Roberson III, Lauren A. Colby, Esq., and Mr. Larry G.
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  • 47 C.F.R. � 1.2105. See Part 1, Subpart I of Title 47 of the Code of Federal Regulations. 47 C.F.R. ��1.1305-1.1319. Auction No. 32 Comment Public Notice at 8. Adoption of a Mandatory FCC Registration Number, MD Docket No. 00-205, Report and Order, 16 FCC Rcd 16138 (2001). Auction Filing Window Public Notice at Attachment A. 47 C.F.R. �� 1.2105(b)(2), 73.5007, 73.5008. See also Broadcast First Report and Order, 13 FCC Rcd at 15976-77. Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making, 12 FCC Rcd 5686, 5697-5698, � 16 (1997). See also Broadcast First Report and Order, 13 FCC Rcd at 15967-68,
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  • but fails to timely submit an upfront payment will retain its place in the MX Group but, having purchased no bidding eligibility, will not be eligible to bid. See Attachment E, infra, entitled ``How to Monitor the FCC Auctions On-Line.'' Auction No. 32 Procedures Public Notice at 19-20. 47 C.F.R � 1.65. 47 C.F.R. � 1.2105(b). Id. 47 C.F.R. �� 73.5007; 73.5008. See Auction No. 32 Procedures Public Notice at Section I.B.3. See Attachment E, infra, entitled ``How to Monitor the FCC Auctions On-Line.'' See Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules, Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). 47 C.F.R. � 1.65. The Commission recently amended Section 1.2105 to require auction applicants to
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  • Competitive Bidding Process (``Auctions'') Are Treated as Exempt for Ex Parte Purposes. Public Notice, 9 FCC Rcd 6760 (1994). See Commission Announces that Mutually Exclusive ``Short-Form'' Applications (Form 175) to Participate in Competitive Bidding Process (``Auctions'') Are Treated as Exempt for Ex Parte Purposes, Public Notice, 9 FCC Rcd 6760 (1994). 47 C.F.R. � 1.2112(b)(2); see also 47 C.F.R � 73.5007 (new entrant bidding eligibility). x y � � ���0 ��W��PNG �h�]�0��l�ء �+�"��...e�ȕl� @& @& 9 � � ���0 l l
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  • 1 general competitive bidding rule, the service-specific competitive bidding rule need only specify the provision that is not applicable. For example, the Part 1 unjust enrichment provisions contained in section 1.2111(b)-(e) do not apply to assignments or transfers of broadcast construction permits or licenses governed by Part 73 because Part 73 has a service-specific unjust enrichment provision. 47 C.F.R � 73.5007(c). Accordingly, we modify section 73.5009 to state that section 1.2111(b)-(e) does not apply. However, it is unnecessary to further provide in section 73.5009 that section 1.2111(a) continues to apply in light of the provision in section 73.5000 that the Part 1 competitive bidding rules apply unless otherwise indicated. Similarly, we modify section 73.5009(b) to enumerate only those portions of the
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  • 1 general competitive bidding rule, the service-specific competitive bidding rule need only specify the provision that is not applicable. For example, the Part 1 unjust enrichment provisions contained in section 1.2111(b)-(e) do not apply to assignments or transfers of broadcast construction permits or licenses governed by Part 73 because Part 73 has a service-specific unjust enrichment provision. 47 C.F.R � 73.5007(c). Accordingly, we modify section 73.5009 to state that section 1.2111(b)-(e) does not apply. However, it is unnecessary to further provide in section 73.5009 that section 1.2111(a) continues to apply in light of the provision in section 73.5000 that the Part 1 competitive bidding rules apply unless otherwise indicated. Similarly, we modify section 73.5009(b) to enumerate only those portions of the
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  • credit must provide a certification, under penalty of perjury, that neither it nor any of its attributable interest holders have any attributable interests in more than three media of mass communications, and must identify and describe such media of mass communications. 3. Bidding Credits Applicants that qualify for the New Entrant Bidding Credit, as set forth in 47 C.F.R. � 73.5007, are eligible for a bidding credit that represents the amount by which a bidder's winning bid is discounted. The size of a New Entrant Bidding Credit depends on the number of ownership interests in other media of mass communications that are attributable to the bidder-entity and its attributable interest-holders: ( A 35 percent bidding credit will be given to a
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  • d e l m 47 C.F.R. �� 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. �1.2109 (d). 47 C.F.R. �1.1208. See ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). See 47 C.F.R. � 1.2112(b)(2); see also 47 C.F.R. � 73.5007 (new entrant bidding eligibility). ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D N ��- >��r�Kp��-~i�f�M�� z} ���� tm��(c)��cv `��� 0i 0i 0i 0i 0i 0i 0i 0i 0i 0i 0i 0i 0i
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  • the MX Group but, having purchased no bidding eligibility, will not be eligible to bid. Auction No. 54 Procedures Public Notice at 24-25. Attachment A of the Auction No. 54 Procedures Public Notice sets forth the minimum opening bids for each construction permit offered in Auction No. 54. 47 C.F.R � 1.65. 47 C.F.R. � 1.2105(b). Id. 47 C.F.R. �� 73.5007; 73.5008. See 47 C.F.R. �� 1.2105(c)(1). See ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244, 11 FCC Rcd 9645 (1995) (rel. October 26, 1995). See 47 C.F.R. � 1.65. 47 C.F.R. � 1.2105(c)(6); see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, 16 FCC Rcd 17546, 17555,
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  • window-filed Form 301 application(s) at Exhibit F. Applicants wishing to submit any additional information may do so in Exhibit F. NOTE: Applicants should not list their TIN numbers on any Exhibits to their FCC Form 175 See 47 C.F.R. � 1.2105(b). See id. � 1.65. See id. � 1.2105(a)(2)(viii). See id. � 1.2105(a)(2)(ix). See id. � 1.2105(c). See id. �� 73.5007 and 73.5008. See id. � 73.5007(a). See id. � 73.5007(b). See Minnesota Christian Broadcasters, Inc., 18 FCC Rcd 614 (2003). 47 C.F.R. � 1.2110 was amended in Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, 15 FCC Rcd 15293 (2000). h h �
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  • the Form 349 application(s) at Exhibit F. Likewise, applicants wishing to submit additional information may do so in Exhibit F. NOTE: Applicants should not list their TIN numbers on any Exhibits to their FCC Form 175 See 47 C.F.R. � 1.2105(b). See id. � 1.65. See id. � 1.2105(a)(2)(viii). See id. � 1.2105(a)(2)(ix). See id. � 1.2105(c). See id. �� 73.5007 and 73.5008. See id. � 73.5007(a). See id. � 73.5007(b). See Minnesota Christian Broadcasters, Inc., FCC 03-5 (rel. Jan. 17, 2003). 47 C.F.R. � 1.2110 was amended in Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, 15 FCC Rcd 15293 (2000). } '' | } � | } 1} � � � }
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  • credit must provide a certification, under penalty of perjury, that neither it nor any of its attributable interest holders have any attributable interests in more than three media of mass communications, and must identify and describe such media of mass communications. 3. Bidding Credits Applicants that qualify for the New Entrant Bidding Credit, as set forth in 47 C.F.R. � 73.5007, are eligible for a bidding credit that represents the amount by which a bidder's winning bid is discounted. The size of a New Entrant Bidding Credit depends on the number of ownership interests in other media of mass communications that are attributable to the bidder-entity and its attributable interest-holders: ( A 35 percent bidding credit will be given to a
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  • Collection Improvement Act of 1996 (DCIA), 31 U.S.C. � 3711 et seq. The new entrant bidding credit is not available to an applicant if it, and/or any individual or entity with an attributable interest in the applicant, have an attributable interest in any existing media of mass communications in the ``same area'' as the proposed broadcast facility. 47 C.F.R. � 73.5007(b). See 47 C.F.R. � 73.5007(b)(1)-(2) for the specific service definitions of ``same area.'' 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. 37 Procedures Public Notice at 21-24. See 47 C.F.R. � 73.202. 47 C.F.R. ��
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  • Collection Improvement Act of 1996 (DCIA), 31 U.S.C. � 3711 et seq. The new entrant bidding credit is not available to an applicant if it, and/or any individual or entity with an attributable interest in the applicant, have an attributable interest in any existing media of mass communications in the ``same area'' as the proposed broadcast facility. 47 C.F.R. � 73.5007(b). See 47 C.F.R. � 73.5007(b)(1)-(2) for the specific service definitions of ``same area.'' 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. 37 Procedures Public Notice at 21-24. See 47 C.F.R. � 73.202. 47 C.F.R. ��
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  • a telephonic bid may vary; please allow a minimum of 10 minutes. Auction No. 37 Procedures Public Notice, 19 FCC Rcd at 10590. Attachment A of the Auction No. 37 Procedures Public Notice sets forth the minimum opening bids for each construction permit offered in Auction No. 37. 47 C.F.R � 1.65. 47 C.F.R. � 1.2105(b). Id. 47 C.F.R. �� 73.5007; 73.5008. See 47 C.F.R. � 73.202. See Auction No. 37 Procedures Public Notice, 19 FCC Rcd at 10577-79. 47 C.F.R. �� 1.2105(a)(2)(viii), 1.2105(c)(1), 73.5002(c). See also Auction No. 37 Procedures Public Notice, 19 FCC Rcd at 10575-77, for a discussion of the anti-collusion rules in Auction No. 37 and the application of geographic license areas to the FM broadcast service.
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  • applicant or a party with an attributable interest in the applicant has an interest. Applicants will identify the mass media facility; the party with an interest in the facility; the interest in the facility; and whether any proposed broadcast facilities are in the `same area' as existing mass media facilities, as defined by applicable Commission rules. See 47 C.F.R. �� 73.5007, 5008. In the event that the applicant indicates that any of the proposed broadcast facilities are in the `same area' as the identified mass media facility, the applicant will continue to an additional screen where the applicant will indicate which proposed broadcast facilities in the auction are in the same area as the identified mass media facility. Once the applicant
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  • or entity with an attributable interest in the winning bidder, has an attributable interest in no more than three mass media facilities, as defined in 47 C.F.R. � 73.5008; ( No bidding credit will be given if any of the commonly owned mass media facilities serve the same area as the proposed broadcast station, as defined in 47 C.F.R. � 73.5007(b), or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, has attributable interests in more than three mass media facilities. Bidding credits are not cumulative; qualifying applicants receive either the 25 percent or the 35 percent bidding credit, but not both. Attributable interests are defined in 47 C.F.R. � 73.3555 and Note
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  • 05-1337, at 6 (May 20, 2005) (``Auction No. 81 Procedures Public Notice''). The new entrant bidding credit is not available to an applicant if it, and/or any individual or entity with an attributable interest in the applicant, have an attributable interest in any existing media of mass communications in the ``same area'' as the proposed broadcast facility. 47 C.F.R. � 73.5007(b). See 47 C.F.R. � 73.5007(b)(1)-(2) for the specific service definitions of ``same area.'' See 47 C.F.R. � 1.65 (an applicant must maintain the accuracy and completeness of information furnished in its pending application and notify the Commission within 30 days of any substantial change that may be of decisional significance to that application), 47 C.F.R. � 1.2105(c)(6) (any applicant that
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  • clear, we find no controversy or clarification requiring relief under Section 1.2 of the Commission's rules. Accordingly, Matinee's Petition for Declaratory Ruling IS DENIED. Matinee's final auction payments are subject to a 25 percent new entrant bidding credit, rather than the 35 percent bidding credit it claims. Sincerely, Peter H. Doyle, Chief Audio Division Media Bureau See 47 C.F.R. �� 73.5007, 73.5008. Public Notice, ``Auction of FM Broadcast Construction Permits Scheduled for November 3, 2004 - Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures,'' 19 FCC Rcd 10570, 10584 (MB/WTB 2004) (``Auction No. 37 Procedures Public Notice''). File No. BAPH-20030826APJ. 47 C.F.R. � 73.5008(b). See supra note 2. See, e.g., Petition at 4. See, e.g., id.
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  • bid on the following MX groups: MX034, MX048, MX198, MX213, and MX238. The new entrant bidding credit is not available to an applicant if it, and/or any individual or entity with an attributable interest in the applicant, have an attributable interest in any existing media of mass communications in the ``same area'' as the proposed broadcast facility. 47 C.F.R. � 73.5007(b). See 47 C.F.R. � 73.5007(b)(1)-(2) for the specific service definitions of ``same area.'' ``Auction of Low Power Television Construction Permits, Status of FCC Form 175 Applications to Participate in Auction No. 81,'' Public Notice, DA 05-2229 (MB and WTB 2005) (``Auction No. 81 Status Public Notice''). See 47 C.F.R. � 1.2105(c); infra, pp. 6-8. Auction No. 81 Procedures Public Notice,
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  • 21, 2005). See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. The new entrant bidding credit is not available to an applicant if it, and/or any individual or entity with an attributable interest in the applicant, has an attributable interest in any existing media of mass communications in the ``same area'' as the proposed broadcast facility. 47 C.F.R. � 73.5007(b). See 47 C.F.R. � 73.5007(b)(1)-(2) for the specific service definitions of ``same area.'' See 47 C.F.R. � 1.65 (an applicant must maintain the accuracy and completeness of information furnished in its pending application and notify the Commission within 30 days of any substantial change that may be of decisional significance to that application), 47 C.F.R. � 1.2105(c)(6) (any applicant that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2987A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2987A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2987A1.txt
  • entity with an attributable interest in the winning bidder, has an attributable interest in no more than three mass media facilities, as defined in 47 C.F.R. � 73.5008; and ( No bidding credit will be given if any of the commonly owned mass media facilities serve the same area as the proposed broadcast station, as defined in 47 C.F.R. � 73.5007(b), or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, has attributable interests in more than three mass media facilities. Bidding credits are not cumulative; qualifying applicants receive either the 25 percent or the 35 percent bidding credit, but not both. Attributable interests are defined in 47 C.F.R. � 73.3555 and Note
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  • 480-3201, option nine; (202) 414-1250; or (202) 414-1255 (TTY). - FCC - The new entrant bidding credit is not available to an applicant if it, and/or any individual or entity with an attributable interest in the applicant, has an attributable interest in any existing media of mass communications in the ``same area'' as the proposed broadcast facility. 47 C.F.R. � 73.5007(b). See 47 C.F.R. � 73.5007(b)(1)-(2) for the specific service definitions of ``same area.'' See 47 C.F.R. � 1.2105(c); infra, pp. 6-8. See ``Auction of FM Broadcast Construction Permits Scheduled for November 1, 2005, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedures for Auction No. 62,'' Public Notice, 20 FCC Rcd 10492 (WTB/MB 2005) (``Auction No. 62
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3204A1_Erratum.doc
  • 480-3201, option nine; (202) 414-1250; or (202) 414-1255 (TTY). - FCC - The new entrant bidding credit is not available to an applicant if it, and/or any individual or entity with an attributable interest in the applicant, has an attributable interest in any existing media of mass communications in the ``same area'' as the proposed broadcast facility. 47 C.F.R. � 73.5007(b). See 47 C.F.R. � 73.5007(b)(1)-(2) for the specific service definitions of ``same area.'' See 47 C.F.R. � 1.2105(c); infra, pp. 6-8. See ``Auction of FM Broadcast Construction Permits Scheduled for November 1, 2005, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedures for Auction No. 62,'' Public Notice, 20 FCC Rcd 10492 (WTB/MB 2005) (``Auction No. 62
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3204A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3204A2.txt
  • ET *On December 21, 2005, Hispanic Target Media, Inc. ("HTM"), an Auction No. 62 applicant, notified the Commission that HTM is no longer eligible for the new entrant bidding credit following the December 15, 2005, grant of its application for a construction permit for Carrizo Springs, Texas (File No. BNPH-20050103ABX). Accordingly, under the designated entity provisions of 47 C.F.R. Sections 73.5007 and 73.5008, the grant of the construction permit renders HTM ineligible for the 25% new entrant bidding credit, as claimed on its originally submitted FCC Form 175 application. Although the Qualified Bidder Public Notice released December 21, 2005, indicated a 25% bidding credit amount for HTM, the public notice as corrected by the erratum released December 23, 2005, indicates a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3204A2_Erratum.pdf
  • ET *On December 21, 2005, Hispanic Target Media, Inc. ("HTM"), an Auction No. 62 applicant, notified the Commission that HTM is no longer eligible for the new entrant bidding credit following the December 15, 2005, grant of its application for a construction permit for Carrizo Springs, Texas (File No. BNPH-20050103ABX). Accordingly, under the designated entity provisions of 47 C.F.R. Sections 73.5007 and 73.5008, the grant of the construction permit renders HTM ineligible for the 25% new entrant bidding credit, as claimed on its originally submitted FCC Form 175 application. Although the Qualified Bidder Public Notice released December 21, 2005, indicated a 25% bidding credit amount for HTM, the public notice as corrected by the erratum released December 23, 2005, indicates a
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  • individual or entity with an attributable interest in the winning bidder, has an attributable interest in no more than three mass media facilities, as defined in 47 C.F.R. � 73.5008; No bidding credit will be given if any of the commonly owned mass media facilities serve the same area as the proposed broadcast station, as defined in 47 C.F.R. � 73.5007(b), or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, has attributable interests in more than three mass media facilities. Bidding credits are not cumulative; qualifying applicants receive either the 25 percent or the 35 percent bidding credit, but not both. Attributable interests are defined in 47 C.F.R. � 73.3555 and Note
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  • facie inconsistent with [Section 309(k)]. Such allegations of fact shall, except for those of which official notice may be taken, be supported by affidavit of a person or persons with personal knowledge thereof.''); 47 C.F.R. � 73.3584(b); Citizens for Jazz on WRVR v. F.C.C., 775 F.2d 392, 395 (D.C. Cir. 1985). Petition at 8. Id. at 3. 47 C.F.R. � 73.5007(a). Id. � 73.3555, Note 2. In the case of Jensen's alleged use of her employer's fax machine, Stratemeyer states that such misuse of company resources evidences a ``serious lack of character.'' Petition at 3. While Mr. Stratemeyer may choose to litigate against his own employees to the fullest extent of the law for personal use of company business equipment, the
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  • individual or entity with an attributable interest in the winning bidder, has an attributable interest in no more than three mass media facilities, as defined in 47 C.F.R. � 73.5008; No bidding credit will be given if any of the commonly owned mass media facilities serve the same area as the proposed broadcast station, as defined in 47 C.F.R. � 73.5007(b), or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, has attributable interests in more than three mass media facilities. Bidding credits are not cumulative; qualifying applicants receive either the 25 percent or the 35 percent bidding credit, but not both. Attributable interests are defined in 47 C.F.R. � 73.3555 and Note
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2383A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2383A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2383A1.txt
  • The new entrant bidding credit is not available to an applicant if it, and/or any individual or entity with an attributable interest in the applicant, has an attributable interest in more than three media of mass communications, or in any existing media of mass communications in the ``same area'' as the broadcast facility proposed in this auction. 47 C.F.R. � 73.5007. See 47 C.F.R. � 73.5007(b)(1)-(3) for the specific service definitions of ``same area.'' See 47 C.F.R. �� 1.2105(b), 1.2106. See 47 C.F.R. �� 1.65, 1.2105(c)(6) . See Letter from Margaret W. Wiener, Chief, Auctions and Industry Analysis Div., to Patrick Shannon, Esq., Counsel for Lynch 3G Communications Corporation, 18 FCC Rcd 11552 (WTB 2003). See Auction No. 68 Procedures Public
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2383A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2383A2.txt
  • MM-FM063-A MM-FM068-A 1 Although Mr. Wilson claimed eligibility for a 25% bidding credit, his short-form application also indicates that the sole permit on which he seeks to bid is in the "same area" as other existing media of mass communications in which he has an attributable interest. Therefore, the new entrant bidding credit is not available. See 47 C.F.R. section 73.5007(b). Page 5 of 5
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  • lost eligibility but in a later round has a bid (placed previously) become a provisionally winning bid. 47 C.F.R. �� 1.2104(g) and 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 459-60 � 150. Id. See 47 C.F.R. � 1.2104(g). Part 1 Third Report and Order, 13 FCC Rcd at 459-60 � 150. See 47 C.F.R. �� 1.2110(f), 73.5007. Knowing the size of a small business bidding credit on an individual license may be necessary in order to calculate a small business bidding credit unjust enrichment obligation on a license won as part of a package. See 47 C.F.R. � 1.2104(g). See CSEA/Part 1 Report and Order at � 39. See Attachment B to this Public Notice. See also
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2552A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2552A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2552A1.txt
  • Notice''). The new entrant bidding credit is not available to an applicant if it, and/or any individual or entity with an attributable interest in the applicant, has an attributable interest in more than three media of mass communications or any existing media of mass communications in the ``same area'' as the broadcast facility proposed by the applicant. 47 C.F.R. � 73.5007. See 47 C.F.R. � 73.5007(b)(1)-(3) for the specific service definitions of ``same area.'' See 47 C.F.R. � 1.2105(c); Auction No. 68 Procedures Public Notice, 21 FCC Rcd 11150-53 �� 10-18. See 47 C.F.R. �� 1.2107 - 1.2109, 73.5002 - 73.5009; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Second Report and Order, 9 FCC
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2552A1_Erratum.doc
  • Notice''). The new entrant bidding credit is not available to an applicant if it, and/or any individual or entity with an attributable interest in the applicant, has an attributable interest in more than three media of mass communications or any existing media of mass communications in the ``same area'' as the broadcast facility proposed by the applicant. 47 C.F.R. � 73.5007. See 47 C.F.R. � 73.5007(b)(1)-(3) for the specific service definitions of ``same area.'' See 47 C.F.R. � 1.2105(c); Auction No. 68 Procedures Public Notice, 21 FCC Rcd 11150-53 �� 10-18. See 47 C.F.R. �� 1.2107 - 1.2109, 73.5002 - 73.5009; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Second Report and Order, 9 FCC
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  • C.F.R. � 1.65. The new entrant bidding credit is not available to an applicant if it, and/or any individual or entity with an attributable interest in the applicant, has an attributable interest in more than three media of mass communications, or in any existing media of mass communications in the ``same area'' as the proposed broadcast facility. 47 C.F.R. � 73.5007. See 47 C.F.R. � 73.5007(b)(1)-(3) for the specific service definitions of ``same area.'' See 47 C.F.R. � 1.65 (an applicant must maintain the accuracy and completeness of information furnished in its pending application and notify the Commission within 30 days of any substantial change that may be of decisional significance to that application), 47 C.F.R. � 1.2105(c)(6) (any applicant that
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  • II, disclosed a 45 percent interest in KCLT(FM) and a 50 percent interest in KAKJ(FM). Letter to Mr. Raymond Simes, Ref. No. 1800B3-TSN (WTB Sept. 13, 2004) (``Simes Acceptance Letter''). Public Notice, ``Auction of FM Broadcast Construction Permits - 456 Bidders Qualified to Participate in Auction No. 37,'' 19 FCC Rcd 19773, 19872 (MB/WTB 2004). See also 47 C.F.R. �� 73.5007(a), (b) (no bidding credit if any of an applicant's commonly owned mass media facilities serve the same area as the proposed broadcast station). 47 C.F.R. � 73.5007(a). Id., �� 73.5007(a), (b). Id. �� 73.5007(b)(2)(ii), 73.5007(b)(3)(ii). See, e.g., Public Notice, ``Auction of FM Broadcast Construction Permits Scheduled for November 3, 2004 - Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments
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  • 64 Procedures Public Notice"). The new entrant bidding credit is not available to an applicant if it, and/or any individual or entity with an attributable interest in the applicant, has an attributable interest in more than three media of mass communications or any existing media of mass communications in the ``same area'' as the proposed broadcast facility. 47 C.F.R. � 73.5007. See 47 C.F.R. � 73.5007(b)(1)-(3) for the specific service definitions of ``same area.'' See 47 C.F.R. � 1.2105(c); infra, pp. 6-8. See Auction No. 64 Procedures Public Notice, 20 FCC Rcd at 18097; see also Auction of Full Power Television Construction Permits, Status of FCC Form 175 Applications to Participate in Auction No. 64, Public Notice, DA 06-281 (WTB/MB Feb.
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  • entity with an attributable interest in the winning bidder, has an attributable interest in no more than three mass media facilities, as defined in 47 C.F.R. � 73.5008; and ( No bidding credit will be given if any of the commonly owned mass media facilities serve the same area as the proposed broadcast station, as defined in 47 C.F.R. � 73.5007(b), or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, has attributable interests in more than three mass media facilities. Bidding credits are not cumulative; qualifying applicants receive either the 25 percent or the 35 percent bidding credit, but not both. Attributable interests are defined in 47 C.F.R. � 73.3555 and Note
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-190A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-190A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-190A1.txt
  • The new entrant bidding credit is not available to an applicant if it, and/or any individual or entity with an attributable interest in the applicant, has an attributable interest in more than three media of mass communications, or in any existing media of mass communications in the ``same area'' as the broadcast facility proposed in this auction. 47 C.F.R. � 73.5007. See 47 C.F.R. � 73.5007(b)(1)-(3) for the specific service definitions of ``same area.'' As indicated in Attachment A to this Public Notice, one applicant, Scott M. Knoblauch, requested a waiver of Commission rules in his application. This waiver request remains pending at this time and will be addressed separately. Indication of such application as ``accepted'' in this public notice does
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  • 18 FCC Rcd at 6700. Full-service noncommercial educational stations, on both reserved and nonreserved channels, are included among ``media of mass communications'' as defined in 47 C.F.R. �73.5008(b). See Minnesota Christian Broadcasters, Memorandum Opinion and Order, 18 FCC Rcd 614 (2003), aff'd sub nom Carol DeLaHunt v. FCC, 411 F.3d 283 (D.C. Cir. 2005). However, pursuant to 47 C.F.R. � 73.5007, attributable interests in existing low power television, television translator, or FM translator facilities will not be counted as mass media interests in determining eligibility for a New Entrant bidding credit. See 47 C.F.R. �� 73.5007, 73.5008. 47 C.F.R. �� 1.2105, 1.2112(a). 47 C.F.R. � 1.2112(a)(7). 47 C.F.R. � 73.5002 specifies the bidding procedures, certification requirements and the anti-collusion rules applicable
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  • Mr. Scott M. Knoblauch 1 Aviation Lane Unit 8 Greenville, SC 29607 In re: Broadcast Auction No. 70 Form 175 Application of Scott M. Knoblauch Dear Mr. Knoblauch: The Commission has received your short-form application (FCC Form 175) to participate in the upcoming FM Broadcast Auction ("Auction No. 70"). In this letter we address your request for waiver of Section 73.5007 of the Commission's Rules. Specifically, we consider whether your sole membership and management interest in Kansas City Trust, LLC (``KCT''), licensee of broadcast stations KCHZ(FM), Ottawa, Kansas, and KMAJ-FM, Topeka, Kansas, should be attributed to you for purposes of qualifying for the new entrant bidding credit (``NEBC''). You argue that KCHZ(FM) and KMAJ-FM should not be attributed to you, and
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  • 2006). The new entrant bidding credit is not available to an applicant if it, and/or any individual or entity with an attributable interest in the applicant, has an attributable interest in more than three media of mass communications or any existing media of mass communications in the ``same area'' as the broadcast facility proposed by the applicant. 47 C.F.R. � 73.5007. See 47 C.F.R. � 73.5007(b)(1)-(3) for the specific service definitions of ``same area.'' As announced in Auction of FM Broadcast Construction Permits, Status of Short-Form Applications to Participate in Auction No. 70, Public Notice, DA 07-190 (WTB/MB Jan. 26, 2007) (``Auction No. 70 Status Public Notice''), these six applicants checked ``yes'' to the Noncommercial Educational election question on the Form
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2325A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2325A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2325A1.txt
  • 47 C.F.R. � 1.2105(b). Id. Auction 85 Procedures Public Notice, 23 FCC Rcd at 14,538-40 �� 19-25. For more detail, see Auction 85 Procedures Public Notice, 23 FCC Rcd at 14,554-55 �� 111-20. See 47 C.F.R. �� 1.2107 and 73.5005. See also Broadcast First Report and Order, 13 FCC Rcd at 15984-85 �� 163-64. See 47 C.F.R. �� 1.2112(b), 73.5005, 73.5007 and 73.5008. See 47 C.F.R. �� 1.2107, 1.2109(a), 73.3572, 73.5003, 73.5005, and 73.5006(d). See 47 C.F.R. �� 1.2107, 1.2109(a). PUBLIC NOTICE News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 b c � d $ F F ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ�
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1307A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1307A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1307A1.txt
  • 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 AND OTHER PROGRAM DISTRIBUTIONAL SERVICES SUBPART L-FM BROADCAST TRANSLATOR STATIONS AND FM BROADCAST BOOSTER STATIONS Brief Description: These rules set forth technical standards for FM translator and booster stations along the United States borders. Need: These rules are
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1548A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1548A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1548A1.txt
  • The new entrant bidding credit is not available to an applicant if it, and/or any individual or entity with an attributable interest in the applicant, has an attributable interest in more than three media of mass communications, or in any existing media of mass communications in the ``same area'' as the broadcast facility proposed in this auction. 47 C.F.R. � 73.5007. See 47 C.F.R. � 73.5007(b)(1)-(3) for the specific service definitions of ``same area''. As indicated in Attachment A to this Public Notice, one applicant, Hye C. Kim, has requested a waiver of the requirement in section 1.2106(a) (47 C.F.R. � 1.2106(a)) that an applicant that has previously been in default on any Commission license or construction permit or has been
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1548A1_Rcd.pdf
  • communication occurs). 5The newentrant bidding creditis not available to an applicant if it, and/or any individual or entity with an attributable interest in the applicant, has an attributable interest in more than three media of mass communications, or in any existing media of mass communications in the "same area" as the broadcast facility proposed in this auction. 47 C.F.R. � 73.5007. See47 C.F.R. � 73.5007(b)(1)-(3) for the specific service definitions of "same area". 6As indicated in Attachment A to this Public Notice, one applicant, Hye C. Kim, hasrequested a waiver of the requirement in section 1.2106(a) (47 C.F.R. � 1.2106(a)) that an applicant that has previously been in default on any Commission license or construction permit or has been delinquent on
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1818A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1818A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1818A1.txt
  • Notice''). The new entrant bidding credit is not available to an applicant if it, and/or any individual or entity with an attributable interest in the applicant, has an attributable interest in more than three media of mass communications or any existing media of mass communications in the ``same area'' as the broadcast facility proposed by the applicant. 47 C.F.R. � 73.5007. See 47 C.F.R. � 73.5007(b)(1)-(3) for the specific service definitions of ``same area.'' As announced in Auction 79 Status Public Notice, six applicants checked ``yes'' to the Noncommercial Educational election question on the Form 175, and the applications were mutually exclusive with applications for FM commercial stations in Auction 79. Pursuant to 47 C.F.R. � 73.5002(b), these six applications were
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  • with an attributable interest in the winning bidder, has an attributable interest in no more than three mass media facilities, as defined in 47 C.F.R. � 73.5008; No bidding credit will be given if any of the commonly owned mass media facilities serve the same area as the broadcast station proposed in the auction, as defined in 47 C.F.R. � 73.5007(b), or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, has attributable interests in more than three mass media facilities. Bidding credits are not cumulative; qualifying applicants receive either the 25 percent or the 35 percent bidding credit, but not both. Attributable interests are defined in 47 C.F.R. � 73.3555 and Note
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-810A2_Rcd.pdf
  • or partnership interests; or (iii) more than 50 percent of the voting power of the corporation that will own the media outlet if such corporation is a publicly traded company. 81See47 C.F.R. � 73.5008 (c) 82Further, any bidder asserting new entrant status must have de factoas well as de jurecontrol of the entity claiming the bidding credit. 47 C.F.R. � 73.5007. Typically, de jurecontrol is evidenced by ownership of at least 50.1 percent of an entity's voting stock or equivalent level of interest in cases where the bidder is not a corporate entity. De factocontrol is determined on a case-by-case basis. 83Broadcast Reconsideration Order, 14 FCC Rcd at 8764 � 75; 47 C.F.R. � 73.5007. 4464 Federal Communications Commission DA 09-810
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  • The new entrant bidding credit is not available to an applicant if it, and/or any individual or entity with an attributable interest in the applicant, has an attributable interest in more than three media of mass communications, or in any existing media of mass communications in the ``same area'' as the broadcast facility proposed in this auction. 47 C.F.R. � 73.5007. See 47 C.F.R. � 73.5007(b)(1)-(3) for the specific service definitions of ``same area''. See 47 C.F.R. �� 1.2105(b), 1.2106. 47 C.F.R. �� 1.65, 1.2105. See Auction 88 Procedures Public Notice at �� 98-102. A wire transfer is a transaction that is initiated through an applicant's bank. It authorizes the bank to wire funds from an applicant's account to the Commission's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1009A1_Rcd.pdf
  • communication occurs). 6The newentrant bidding credit is not available to an applicant if it, and/or any individual or entity with an attributable interest in the applicant, has an attributable interest in more than three media of mass communications, or in any existing media of mass communications in the "same area" as the broadcast facilityproposed in this auction. 47 C.F.R. � 73.5007. See47 C.F.R. � 73.5007(b)(1)-(3) for the specific service definitions of "same area". 7See 47 C.F.R. �� 1.2105(b), 1.2106. 847 C.F.R. �� 1.65,1.2105. 7140 B. Upfront Payments 6.Upfront payments and accompanying FCC Remittance Advice forms (FCC Form 159, Revised 2/03) for Auction 88are due in the proper account at U.S. Bank, St. Louis, Missouri, by 6:00 p.m. ET on Thursday,June17, 2010.
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  • auction). The new entrant bidding credit is not available to an applicant if it, and/or any individual or entity with an attributable interest in the applicant, has an attributable interest in more than three media of mass communications or any existing media of mass communications in the ``same area'' as the broadcast facility proposed by the applicant. 47 C.F.R. � 73.5007. See 47 C.F.R. � 73.5007(b)(1)-(3) for the specific service definitions of ``same area.'' See 47 C.F.R. � 1.2105(c); see also Auction 88 Procedures Public Notice, 25 FCC Rcd at 2948-53 �� 12-29. Because the length of a call to place bids may vary, the bidder should allow a minimum of ten minutes. Auction 88 Procedures Public Notice, 25 FCC Rcd
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1261A1_Rcd.pdf
  • from auction). 5The newentrant bidding credit is not available to an applicant if it, and/or any individual or entity with an attributable interest in the applicant, has an attributable interest in more than three media of mass communications or any existing media of mass communications in the "same area" as the broadcast facility proposed by the applicant. 47 C.F.R. � 73.5007. See47 C.F.R. � 73.5007(b)(1)-(3) for the specific service definitions of "same area." 6See47 C.F.R. � 1.2105(c); see also Auction 88 Procedures Public Notice, 25 FCC Rcd at 2948-53 �� 12-29. 9002 the actual auction, and it is the responsibility of each qualified bidder to ensure that all registration information has been received. B. Registration Material Replacement 9.In the event that
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  • any individual or entity with an attributable interest in the winning bidder, has an attributable interest in no more than three mass media facilities, as defined in section 73.5008; No bidding credit will be given if any of the commonly owned mass media facilities serve the same area as the broadcast station proposed in the auction, as defined in section 73.5007(b), or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, has attributable interests in more than three mass media facilities. Bidding credits are not cumulative; qualifying applicants receive either the 25 percent or the 35 percent bidding credit, but not both. Attributable interests are defined in section 73.3555 and note 2 of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2008A1_Rcd.pdf
  • or (iii) more than 50 percent of the voting power of the corporation that will own the media outlet if such corporation is a publicly traded company. 86See 47 C.F.R. � 73.5008(c). 87 Further, any bidder asserting new entrant status must have de facto as well as de jure control of the entity claiming the bidding credit. 47 C.F.R. � 73.5007. Typically, de jure control is evidenced by ownership of at least 50.1 percent of an entity's voting stock or equivalent level of interest in cases where the bidder is not a corporate entity. De facto control is determined on a case-by-case basis. 88Broadcast Reconsideration Order, 14 FCC Rcd at 8764 � 75; 47 C.F.R. � 73.5007. 89See 47 C.F.R. �
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  • any individual or entity with an attributable interest in the winning bidder, has an attributable interest in no more than three mass media facilities, as defined in section 73.5008; No bidding credit will be given if any of the commonly owned mass media facilities serve the same area as the broadcast permit proposed in the auction, as defined in section 73.5007(b), or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, has attributable interests in more than three mass media facilities. For purposes of determining whether a broadcast permit identified for bidding in the auction is in the ``same area'' as an applicant's existing mass media facilities, the coverage area of the to-be-auctioned
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2253A1_Rcd.pdf
  • the Diversity Order, the Commission will now allow the holder of an equity or debt interest in the applicant to exceed the above-noted 33 percent threshold without triggering attribution provided (1) the combined equity and debt in the "eligible entity" is less than 50 percent; or (2) the total debt in the "eligible entity" does not 82 47 C.F.R. � 73.5007(a). 83See 47 C.F.R. � 73.3555 Note 2. 84SeeClarification of Commission Policies Regarding Spousal Attribution, Memorandum Opinion and Order, FCC 92-60, 7 FCC Rcd 1920 (1992). 85SeeReview of the Commission's Regulations Governing Attribution of Broadcast and Cable/MDS Interests, MM Docket No. 94-150, Report and Order, FCC 99-207, 14 FCC Rcd 12559 (1999) (prior history omitted). 86See 47 C.F.R. � 73.5008(c). 87
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  • Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2391-92 �� 241-44 (1994) (``Competitive Bidding Second Report and Order''). In so doing, the Commission establishes special small business size standards on a service-specific basis, taking into consideration the characteristics and capital requirements of the particular service. 47 C.F.R. �1.2110(c)(1). See 47 C.F.R. � 73.5007(a); see also Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, 13 FCC Rcd 15920, 15994-95 � 189 (1998) (``Broadcast Competitive Bidding First Report and Order'') (adopting new entrant bidding credit to implement statutory provisions regarding opportunities for small, minority-owned and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2259A1_Rcd.pdf
  • Act �Competitive Bidding, PP Docket No. 93- 253, Second Report and Order, 9 FCC Rcd 2348, 2391-92 �� 241-44 (1994) ("Competitive Bidding Second Report and Order"). In so doing, the Commission establishes special small business size standards on a service-specific basis, taking into consideration the characteristics and capital requirements of the particular service. 47 C.F.R. �1.2110(c)(1). 7See 47 C.F.R. � 73.5007(a);see alsoImplementation of Section 309(j) of the Communications Act �Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, 13 FCC Rcd 15920, 15994-95 � 189 (1998) ("Broadcast Competitive Bidding First Report and Order") (adopting new entrant bidding credit to implement statutory provisions regarding opportunities for small, minority-owned and women-owned businesses). 8See
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  • Based on these recommendations, the Advisory Committee urges the FCC to design, adopt, and implement a preference program for individuals that have faced substantial disadvantages and have overcome those disadvantages, at least in part. In addition to the Designated Entity rules, there exists another bidding credit for ``new entrants'' which applies specifically to broadcast license auctions. See 47 C.F.R. � 73.5007. As a modification to the Designated Entity rules, the Advisory Committee's recommendation is intended to reach all licenses subject to competitive bidding, including broadcast. These recommendations use ``overcome'' and ``overcoming'' interchangeably. As discussed below, preference applicants will demonstrate that they have overcome disadvantage sufficiently for purposes of the preference by showing meaningful success in a professional, educational, or other related
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2259A2_Rcd.pdf
  • applicants for FCC licenses. In the case of FCC licensesto provide broadcast services to the public, the preference program would have the additional benefit of enabling applicants who otherwise might not be able to 1In addition to the Designated Entity rules, there exists another bidding credit for "new entrants" which applies specifically to broadcast license auctions. See 47 C.F.R. � 73.5007. As a modification to the Designated Entity rules, the Advisory Committee's recommendation is intended to reach all licenses subject to competitive bidding, including broadcast. 2These recommendations use "overcome" and "overcoming" interchangeably. As discussed below, preference applicants will demonstrate that they have overcome disadvantage sufficiently for purposes of the preference by showing meaningful success in a professional, educational, or other related
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  • to adopt any such revision or to adopt new bidding credits based on other criteria. Implementation of JEM's proposal would require amendment of the Commission's competitive bidding and broadcast service rules, which can only be accomplished through a rulemaking proceeding. Thus, the Bureaus will implement for this auction the broadcast bidding credit criteria as adopted by the Commission in sections 73.5007 - 73.5008. Accordingly, a 35 percent or 25 percent New Entrant Bidding Credit will be available in this auction for applicants who qualify. Application Requirements In addition to the ownership information required pursuant to section 1.2112, applicants seeking a New Entrant Bidding Credit are required to establish on their short-form applications that they satisfy the eligibility requirements to qualify for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-817A1.pdf
  • announced in the Public Notice announcing that auction. The Commission has delegated authority to the staff to extend the firm 30-day deadline for filing post-auction long-form applications, set forth in Section 73.5005 of the Rules. The staff may extend this deadline when deemed necessary, for example, when the filing deadline would fall during holiday seasons. The Commission clarifies, in Section 73.5007(b) of the Rules, that for purposes of the new entrant bidding credit, an applicant's existing station is considered to be in the "same area" as an FM allotment being auctioned if the existing station's contour overlaps the maximum class facilities of the FM allotment being auctioned, without regard to whether the applicant specifies preferred site coordinates on its FCC Form
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  • 11-7. The new entrant bidding credit is not available to an applicant if it, and/or any individual or entity with an attributable interest in the applicant, has an attributable interest in more than three media of mass communications or any existing media of mass communications in the ``same area'' as the broadcast facility proposed by the applicant. 47 C.F.R. � 73.5007. See 47 C.F.R. � 73.5007(b)(1)-(3) for the specific service definitions of ``same area.'' See 47 C.F.R. � 1.2105(c); see also Auction 90 Procedures Public Notice, DA 10-2008 at �� 8-25. Because the length of a call to place bids may vary, the bidder should allow a minimum of ten minutes. Auction 90 Procedures Public Notice, DA 10-2008 at �� 131-133.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-136A1_Rcd.pdf
  • Public Notice,DA 11-7. 4The newentrant bidding credit is not available to an applicant if it, and/or any individual or entity with an attributable interest in the applicant, has an attributable interest in more than three media of mass communications or any existingmedia of mass communications in the "same area" as the broadcast facility proposed by the applicant. 47 C.F.R. � 73.5007. See47 C.F.R. � 73.5007(b)(1)-(3) for the specific service definitions of "same area." 5See47 C.F.R. � 1.2105(c); see also Auction 90 Procedures Public Notice, DA 10-2008 at �� 8-25. 882 the actual auction, and it is the responsibility of each qualified bidder to ensure that all registration information has been received. B. Registration Material Replacement 9.In the event that a bidder's
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  • any individual or entity with an attributable interest in the winning bidder, has an attributable interest in no more than three mass media facilities, as defined in section 73.5008; No bidding credit will be given if any of the commonly owned mass media facilities serve the same area as the broadcast permit proposed in the auction, as defined in section 73.5007(b), or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, has attributable interests in more than three mass media facilities. For purposes of determining whether a broadcast permit offered in this auction is in the ``same area'' as an applicant's existing mass media facilities, the coverage area of the to-be-auctioned facility is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1845A1_Rcd.pdf
  • after the short-form filing deadline. SeeLiberty Productions, MM Docket No. 88-577, Memorandum Opinion and Order, FCC 01-129, 16 FCC Rcd 12061, 12077-79 �� 34-37, stay denied, Order, FCC 01-276, 16 FCC Rcd 18966 (2001), aff'd sub nom, Biltmore Forest Broadcasting FM, Inc. v. FCC, 321 F.3d 155 (D.C. Cir.), cert. denied, 540 U.S. 981 (2003) ("Liberty Productions"). 8247 C.F.R. � 73.5007(a). We remindeach applicant of its duty to continuously maintain the accuracy of information submitted in its auction application. 47 C.F.R. � 1.65. See Vermont Telephone Company, Inc., DA 11- 1536, Notice of Apparent Liability for Forfeiture(EB rel. Oct. 14, 2011) (finding Vermont Telephone Company apparently liable for forfeiture in the amount of $34,000 for failing to submit accurate bidding credit
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  • New Entrant Bidding Credit Recipient - to Form 175 filed by Raymond Simes in FM Broadcast Auction 37. Mr. Raymond Simes, Letter, Ref. No. 1800B3-TSN (MB Sept. 13, 2004) (``Simes Acceptance Letter''). Auction of FM Broadcast Construction Permits-456 Bidders Qualified to Participate in Auction No. 37, Public Notice, 19 FCC Rcd 19773, 19872 (MB/WTB 2004). See also 47 C.F.R. �� 73.5007(a), (b) (applicant receives no bidding credit if any of an applicant's commonly owned mass media facilities serves the same area as the proposed broadcast station; AM and FM broadcast stations are considered to be in the ``same area'' if the principal community contours of the attributable and auctioned facilities overlap). 47 C.F.R. � 73.3555(a). L.T. Simes II and Raymond Simes,
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  • and Order, FCC 98-194, 13 FCC Rcd 15920, 15984 � 164 (1998). See 47 C.F.R. �� 73.3522, 73.3572. 47 C.F.R. � 73.5005(a). See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II: Legal Information, paragraph G. Item 10: Auction Authorization for auction-related exhibit filing requirements. 47 C.F.R. � 1.2107(d). 47 C.F.R. � 73.5007(a). 47 C.F.R. � 1.2112(a). 47 C.F.R. � 73.3555, Note 2(i). See also Auction 90 Procedures Public Notice, 25 FCC Rcd at 14896-97 �� 57-58 (overview of eligible entity standard for purposes of new entrant bidding credit). 47 C.F.R. � 73.5008(c) (attribution of mass media interests). Id. Promoting Diversification of Ownership In the Broadcasting Services, MB Docket No. 07-294, Report and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-312A1_Rcd.pdf
  • purposes of determining its eligibility for the new entrant bidding credit, if the equity 27See47 C.F.R. �� 73.3522, 73.3572. 2847 C.F.R. � 73.5005(a). See alsoInstructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II: Legal Information, paragraph G. Item 10: Auction Authorization for auction-related exhibit filing requirements. 2947 C.F.R. � 1.2107(d). 3047 C.F.R. � 73.5007(a). 3147 C.F.R. � 1.2112(a). 3247 C.F.R. � 73.3555, Note 2(i). See also Auction 90 Procedures Public Notice, 25 FCC Rcd at 14896-97 �� 57- 58 (overviewof eligible entity standard for purposes of new entrant bidding credit). 3347 C.F.R. � 73.5008(c) (attribution of mass media interests). 1921 and debt interests, in the aggregate, exceed 33 percent of the total asset value
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  • Competitive Bidding Rules, WT Docket No. 10-18, Order, FCC 10-4, 25 FCC Rcd 521, 523 � 8 (2010) (``Part 1 Procedural Amendments Order''). See also 47 C.F.R. � 1.2105(c)(6) (any applicant that makes or receives a prohibited communication must report such communication in writing to the Commission no later than five business days after the communication occurs); 47 C.F.R. � 73.5007(a) (changes in circumstances underlying an applicant's new entrant bidding credit eligibility claim must be reported immediately and no later than five business days after the change occurs). The new entrant bidding credit is not available to an applicant if it, and/or any individual or entity with an attributable interest in the applicant, has an attributable interest in more than three
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-435A1_Rcd.pdf
  • Competitive Bidding Rules, WT Docket No. 10-18, Order, FCC 10-4, 25 FCC Rcd 521, 523 � 8 (2010) ("Part 1 Procedural Amendments Order"). See also 47 C.F.R. � 1.2105(c)(6) (any applicant that makes or receives a prohibited communication must report such communication in writing to the Commission no later than five business days after the communication occurs); 47 C.F.R. � 73.5007(a) (changes in circumstances underlying an applicant's new entrant bidding credit eligibility claim must be reported immediately and no later than five business days after the change occurs). 4The newentrant bidding credit is not available to an applicant if it, and/or any individual or entity with an attributable interest in the applicant, has an attributable interest in more than three media
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  • Letter, the staff indicated that, according to its analysis, which was based on ground conductivity data from Figure M3 only, the daytime principal community (5 mV/m) contour of WFCR's station WNNZ(AM) overlaps the predicted principal community contour of FM allotment MM-FM797-A at Adams, Massachusetts, the only Auction 91 FM allotment WFCR selected in its FCC Form 175 application. Under Section 73.5007(b) of the Commission's Rules, an applicant is not entitled to a bidding credit if any commonly controlled mass media facility serves the ``same area'' as the broadcast permit selected in the short-form application. Because the staff found that the Adams allotment is in the ``same area'' as WNNZ(AM), it concluded in the Acceptance Letter that WFCR was ineligible to claim
• 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
  • Part 1 Procedural Amendments Order, 25 FCC Rcd at 521. See 47 C.F.R. � 1.2105(b). Id. See Policies to Promote Rural Radio Service and to Streamline Allotment and Assignment Procedures, MB Docket No. 09-52, First Report and Order and Further Notice of Proposed Rule Making, FCC 10-24, 25 FCC Rcd 1583, 1611-14 �� 57-63 (2010). See also 47 C.F.R. � 73.5007(a). See ``Commission Announces that Mutually Exclusive `Short Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, FCC 94-283, 9 FCC Rcd 6760 (1994). See also 47 C.F.R. � 1.1202(d)(1) Note 1. See Auction 91 Procedures Public Notice, 25 FCC Rcd at 16797-99 �� 30-37. For more detail, see
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-634A1_Rcd.pdf
  • completed long-form application (FCC Form 301), including required exhibits, for each construction permit won through Auction 91 36Id. 37SeePolicies to Promote Rural Radio Service and to Streamline Allotment and Assignment Procedures, MB Docket No. 09-52, First Report and Order and Further Notice of Proposed Rule Making, FCC 10-24, 25 FCC Rcd 1583, 1611-14 �� 57-63 (2010). See also47 C.F.R. � 73.5007(a). 38See "Commission Announces that Mutually Exclusive `Short Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes," Public Notice, FCC 94- 283, 9 FCC Rcd 6760 (1994). See also47 C.F.R. � 1.1202(d)(1) Note 1. 39See Auction 91 Procedures Public Notice, 25 FCC Rcd at 16797-99 �� 30-37. 40For more detail, see
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  • The new entrant bidding credit is not available to an applicant if it, and/or any individual or entity with an attributable interest in the applicant, has an attributable interest in more than three media of mass communications, or in any existing media of mass communications in the ``same area'' as the broadcast facility proposed in this auction. 47 C.F.R. � 73.5007. See 47 C.F.R. � 73.5007(b)(1)-(3) for the specific service definitions of ``same area''. See 47 C.F.R. �� 1.2107 - 1.2109; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 �� 163-168 (1994). See generally 47 C.F.R. � 1.2109. See 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-7A1_Rcd.pdf
  • occurs). 4The newentrant bidding credit is not available to an applicant if it, and/or any individual or entity with an attributable interest in the applicant, has an attributable interest in more than three media of mass communications, or in any existing media of mass communications in the "same area" as the broadcast facility proposed in this auction. 47 C.F.R. � 73.5007. See47 C.F.R. � 73.5007(b)(1)-(3) for the specific service definitions of "same area". 5See47 C.F.R. �� 1.2107 �1.2109; see alsoAmendment of Part 1 of the Commission's Rules �Competitive Bidding Procedures, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 ��163-168 (1994). 6See generally 47 C.F.R. � 1.2109. 7See 47 C.F.R. �� 1.2105(b), 1.2106. 847 C.F.R.
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  • and 315,'' Public Notice, DA 01-283, 16 FCC Rcd 3989 (MMB 2001). See 47 C.F.R. �� 73.3522, 73.3573. 47 C.F.R. � 73.5005(a). See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II: Legal Information, paragraph G. Item 10: Auction Authorization for auction-related exhibit filing requirements. 47 C.F.R. � 1.2107(d). 47 C.F.R. � 73.5007(a). 47 C.F.R. � 1.2112(a). 47 C.F.R. � 73.3555, Note 2(i). See also Auction 91 Procedures Public Notice, 25 FCC Rcd at 16803-05 �� 56-62 (overview of eligible entity standard for purposes of new entrant bidding credit). 47 C.F.R. � 73.5008(c) (attribution of mass media interests). Id. Promoting Diversification of Ownership In the Broadcasting Services, MB Docket No. 07-294, Report and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-891A1_Rcd.pdf
  • debt interest in the applicant to exceed the above-noted 33 percent threshold without triggering attribution provided: (1) the combined 2947 C.F.R. � 73.5005(a). See alsoInstructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II: Legal Information, paragraph G. Item 10: Auction Authorization for auction-related exhibit filing requirements. 3047 C.F.R. � 1.2107(d). 3147 C.F.R. � 73.5007(a). 3247 C.F.R. � 1.2112(a). 3347 C.F.R. � 73.3555, Note 2(i). See also Auction 91 Procedures Public Notice, 25 FCC Rcd at 16803-05 �� 56- 62 (overviewof eligible entity standard for purposes of new entrant bidding credit). 3447 C.F.R. � 73.5008(c) (attribution of mass media interests). 35Id. 36Promoting Diversification of Ownership In the Broadcasting Services, MBDocket No. 07-294, Report and Order
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  • Competitive Bidding Rules, WT Docket No. 10-18, Order, FCC 10-4, 25 FCC Rcd 521, 523 � 8 (2010) (``Part 1 Procedural Amendments Order''). See also 47 C.F.R. � 1.2105(c)(6) (any applicant that makes or receives a prohibited communication must report such communication in writing to the Commission no later than five business days after the communication occurs); 47 C.F.R. � 73.5007(a) (changes in circumstances underlying an applicant's new entrant bidding credit eligibility claim must be reported immediately and no later than five business days after the change occurs). The new entrant bidding credit is not available to an applicant if it, and/or any individual or entity with an attributable interest in the applicant, has an attributable interest in more than three
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-148A1_Rcd.pdf
  • Competitive Bidding Rules, WT Docket No. 10-18, Order, FCC 10-4, 25 FCC Rcd 521, 523 � 8 (2010) ("Part 1 Procedural Amendments Order"). See also 47 C.F.R. � 1.2105(c)(6) (any applicant that makes or receives a prohibited communication must report such communication in writing to the Commission no later than five business days after the communication occurs); 47 C.F.R. � 73.5007(a) (changes in circumstances underlying an applicant's newentrant bidding credit eligibility claim must be reported immediately and no later than five business days after the change occurs). 4The newentrant bidding credit is not available to an applicant if it, and/or any individual or entity with an attributable interest in the applicant, has an attributable interest in more than three media of
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  • Part 1 Procedural Amendments Order, 25 FCC Rcd at 521. See 47 C.F.R. � 1.2105(b). Id. See Policies to Promote Rural Radio Service and to Streamline Allotment and Assignment Procedures, MB Docket No. 09-52, First Report and Order and Further Notice of Proposed Rule Making, FCC 10-24, 25 FCC Rcd 1583, 1611-14 �� 57-63 (2010). See also 47 C.F.R. � 73.5007(a). See ``Commission Announces that Mutually Exclusive `Short Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, FCC 94-283, 9 FCC Rcd 6760 (1994). See also 47 C.F.R. � 1.1202(d)(1) Note 1. See Auction 93 Procedures Public Notice, 26 FCC Rcd at 15494-96 �� 31-37. For more detail, see
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-374A1_Rcd.pdf
  • 1.2105(b)(4); see also Part 1 Procedural Amendments Order, 25 FCC Rcd at 521. 32See47 C.F.R. � 1.2105(b). 33Id. 34SeePolicies to Promote Rural Radio Service and to Streamline Allotment and Assignment Procedures, MB Docket No. 09-52, First Report and Order and Further Notice of Proposed Rule Making, FCC 10-24, 25 FCC Rcd 1583, 1611-14 �� 57-63 (2010). See also47 C.F.R. � 73.5007(a). 2393 E. Ex ParteRule 45.Applicants should also be aware that the Commission has generally treatedmutually exclusive short-form applications as exempt proceedings and, therefore, not subject to the ex parte prohibitions that pertain to restricted proceedings.35 F. Due Diligence 46.We remind each potential bidder that it is solely responsible for investigating and evaluating all technical and marketplace factors that may have
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  • and 315,'' Public Notice, DA 01-283, 16 FCC Rcd 3989 (MMB 2001). See 47 C.F.R. �� 73.3522, 73.3573. 47 C.F.R. � 73.5005(a). See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II: Legal Information, paragraph G. Item 10: Auction Authorization for auction-related exhibit filing requirements. 47 C.F.R. � 1.2107(d). 47 C.F.R. � 73.5007(a). 47 C.F.R. � 1.2112(a). 47 C.F.R. �� 73.3555, Note 2, 73.5007, 73.5008. See Form 301, Section II - Legal, Item 4: Multiple Ownership. 47 C.F.R. � 73.5008(c) (attribution of mass media interests). Id. See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II - Legal Information, paragraph B. Item 2: Parties to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-600A1_Rcd.pdf
  • 301, 314, and 315," Public Notice, DA 01-283, 16 FCC Rcd 3989 (MMB 2001). 26See47 C.F.R. �� 73.3522, 73.3573. 2747 C.F.R. � 73.5005(a). See alsoInstructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II: Legal Information, paragraph G. Item 10: Auction Authorization for auction-related exhibit filing requirements. 2847 C.F.R. � 1.2107(d). 2947 C.F.R. � 73.5007(a). 3047 C.F.R. � 1.2112(a). 3147 C.F.R. �� 73.3555, Note 2, 73.5007, 73.5008. 32SeeForm 301, Section II �Legal, Item 4: Multiple Ownership. 4061 applicant claiming new entrant status.33Specifically, the attributable mass media interests held by an individual or entity with an equity and/or debt interest in an applicant are attributed to that bidder for purposes of determining its eligibility for the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307406A1.pdf
  • 34 Pub. L. No. 105-33, 111 Stat 251 (1997). 35 As part of the Telecommunications Act of 1996, Congress directed the FCC to identify and eliminate market entry barriers for entrepreneurs and other small businesses in the provision and ownership of telecom- munications services and information services. See Telecom Act; see also 47 U.S.C. � 257 (a-b). 36 47 C.F.R. �73.5007(a); see also 47 C.F.R. � 73.5008. Generally, media interests will be attributable for purposes of the new entrant bidding credit to the same extent that such other media interests are considered attributable for purposes of the broadcast multiple ownership rules. Fur- ther, any bidder asserting new entrant status must have de facto as well as de jure control of the
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  • Finally, there would be no motive for Liberty to conceal the ouster or resignation of Murray as limited partner under the circumstances before us. 4. Eligibility for New Entrant Bidding Credit 32. Background: To fulfill its statutory responsibilities regarding designated entities, the Commission adopted a new entrant bidding credit for bidders with no, or very few, other media interests. Section 73.5007(a) provides that ``[a] thirty-five (35) percent bidding credit will be given to a winning bidder if it, and/or any individual or entity with an attributable interest in the winning bidder, have no attributable interest in any other medium of mass communications, as defined in Section 73.5008.'' Section 73.5008(c) of the rules specifies that attributable interests in a winning bidder or
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  • Application for Review. I. Background 2. The Bollinger Partnership was the winning bidder in Closed Broadcast Auction 25, MX Group FM 68. In its FCC Form 175, Application to Participate in an FCC Auction (``Short Form Application''), the Bollinger Partnership reported that it was eligible for a 25 percent new entrant bidding credit. As set forth in 47 C.F.R. � 73.5007, the new entrant bidding credit provides a tiered bidding credit for broadcast auction winning bidders with no, or very few, other media interests. A 25 percent bidding credit will be given to a winning applicant bidder if neither the bidder nor any party with an attributable interest in such bidder, has an attributable interest in more than three mass media
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  • to modify the language's current focus on NCE applicants, and instead to phrase the rule in terms of NCE ownership interests. DeLaHunt believes that altering the rule in this manner is needed to recognize that commercial applicants also may have attributable interests in NCE stations. For example, DeLaHunt is interested in clarifying that the commercial auction rule, 47 C.F.R. � 73.5007(b), prohibits a commercial bidder from receiving a new entrant bidding credit if it has an attributable interest in an NCE station. DeLaHunt also believes that its proposal would clarify that Subpart G of the Commission's rules, concerning the Low Power FM (``LPFM'') Service, does not permit an LPFM applicant to have any other NCE or commercial broadcast interests. We do
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  • services on the television vertical blanking interval and in the visual signal; time sales contracts with the same sponsor for 4 or more hours per day, except where the length of the events (such as athletic contests, musical programs and special events) broadcast pursuant to the contract is not under control of the station; and contracts with chief operators. Section 73.5007 is amended by revising paragraphs (b)(2)(i), (b)(2)(ii), (b)(2)(iii), and (b)(3)(i), (b)(3)(ii), and (b)(3)(iv to read as follows: � 73.5007 Designated entity provisions. ***** (b)*** (2)*** AM broadcast station - principal community contour (see � 73.24(i)); FM Broadcast station - principal community contour (see � 73.315(a)); Television broadcast station - television Grade B or equivalent contour (see � 73.683(a) for analog
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  • forth in Minnesota Christian, we deny reconsideration. 3. Accordingly, MCBI's Petition for Partial Reconsideration IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary Minnesota Christian Broadcasters, Inc., 18 FCC Rcd 614 (2003), appeal docketed, No. 03-1029 (D.C. Cir. Feb. 19, 2003) (``Minnesota Christian''). Petition for Partial Reconsideration at 2. The rules referenced were 47 C.F.R. �� 73.3555 and Note 2, 73.5007, and 73.5008. Pursuant to Section 73.5007(a), a 35 percent bidding credit will be given to a winning bidder if it, and/or any individual or entity with an attributable interest in the winning bidder, has no attributable interest in any other media of mass communications, as defined in Section 73.5008(b). MCBI paid the 35 percent balance to the Commission on February
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  • falsely claimed that it was entitled to the NEBC, that MCBI was not financially qualified, and that it falsely certified its financial qualifications. The staff denied the petition to deny and DeLaHunt's subsequent petition for reconsideration of that action. DeLaHunt now seeks review. 3. Discussion. New entrant bidding credit: The standards for determining NEBC eligibility are set forth in Section 73.5007 of our rules: A thirty-five (35) percent bidding credit will be given to a winning bidder if it, and/or any individual or entity with an attributable interest in the winning bidder, have no attributable interest in any other media of mass communications, as defined in � 73.5008. A twenty-five (25) percent bidding credit will be given to a winning bidder
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  • and is otherwise satisfied that an applicant is qualified, a public notice will be issued announcing that the broadcast construction permit(s) is ready to be granted, upon full payment of the balance of the winning bid(s). See 47 CFR 73.5003. Construction of broadcast stations shall not commence until the grant of such permit or license to the winning bidder. Section 73.5007 is amended by deleting paragraph (b)(2)(vi) and revising paragraphs (b)(2)(iv) and (v) to read as follows: � 73.5007 Designated entity provisions. * * * * * (b)(2) * * * (iv) Cable television system--the franchised community of a cable system; and (v) Daily newspaper--community of publication. * * * * * Section 73.5008 is amended by revising paragraph (b) to
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  • with combinatorial bidding. (2) Substitute for bid amount. The apportioned package bid on a license included in a package shall be used in place of the amount of an individual bid on that license when the bid amount is needed to determine the size of a designated entity bidding credit (see � 1.2110(f)(1)-(2)), a new entrant bidding credit (see � 73.5007), a bid withdrawal or default payment obligation (see � 1.2104(g)), a tribal land bidding credit limit (see � 1.2110(f)(3)(iv)), or a size-based bidding credit unjust enrichment payment obligation (see � 1.2111(d),(e)(2)-(3)), or for any other determination required by the Commission's rules or procedures. * * * * * 3. Amend � 1.2104 by revising paragraphs (c), (g)(1), and (g)(2); removing
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  • and imposed a default payment. Accordingly, the issue of Winstar's disqualification for non-payment has been resolved and is no longer before us. In the same order, after declaring Winstar in default, the Commission offered the Virginia Beach construction permit to Copeland, at his last bid amount of $7,956,000 (minus his 35% new entrant bidding credit pursuant to 47 C.F.R. � 73.5007) pursuant to the post-auction default procedure set forth in Section 1.2109 of the Commission's rules. In his Petition for Reconsideration, Copeland once again seeks relief based on contentions that neither Winstar nor Soldinger was eligible to bid and neither should have been permitted to bid in Auction No. 25. Copeland's view is that he was the only eligible bidder for
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  • with combinatorial bidding. (2) Substitute for bid amount. The apportioned package bid on a license included in a package shall be used in place of the amount of an individual bid on that license when the bid amount is needed to determine the size of a designated entity bidding credit (see � 1.2110(f)(1)-(2)), a new entrant bidding credit (see � 73.5007), a bid withdrawal or default payment obligation (see � 1.2104(g)), a tribal land bidding credit limit (see � 1.2110(f)(3)(iv)), or a size-based bidding credit unjust enrichment payment obligation (see � 1.2111(d),(e)(2)-(3)), or for any other determination required by the Commission's rules or procedures. * * * * * 3. Amend � 1.2104 by revising paragraphs (c), (g)(1), and (g)(2); removing
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  • participation by small, minority- and women-owned businesses, the Commission incorporated a system of ``new entrant'' bidding credits (``NEBC'') as part of the broadcast auction process, enabling qualifying applicants to lower the cost of their winning bid. We propose to clarify certain issues concerning such bidding credits that have arisen during the course of previous auctions. 43. Discussion. First, under Section 73.5007(b) of the Commission's rules, a winning bidder is not eligible for the NEBC if it, or any party with an attributable interest in the winning bidder, has an attributable interest in any existing mass media facility in the ``same area'' as the proposed new facility. The existing and proposed facilities are in the ``same area'' if the principal community contours
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  • rulemaking proceeding. Nor are we persuaded that a different approach is warranted at this time. We find that the existing NEBC procedures best complement broadcast auctions, and provide the optimum means for new entrants to successfully participate in broadcast service auctions, in accordance with Section 309(j) of the Act. 51. Definition of contour overlap for ``same area'' determination. Under Section 73.5007(b) of the Rules, a winning bidder is not eligible for the NEBC if it, or any party with an attributable interest in the winning bidder, has an attributable interest in any existing media facility in the ``same area'' as the proposed new facility. The existing and proposed facilities are considered in the ``same area'' if specified service contours of the
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  • NPM/NCAI also suggest substituting the four-year holding period connected to the Tribal Priority for the five-year unjust enrichment period generally applicable to bidders that use new entrant bidding credits. Id. at 13-14. See First R&O, 25 FCC Rcd at 1593. 47 U.S.C. � 309(j). See 47 U.S.C. at � 309(j)(3)(C). 25 FCC Rcd. at 1615. See also 47 C.F.R. � 73.5007. Our judgment on this issue is necessarily predictive, as we have received no commercial FM allotment petitions invoking the Tribal Priority adopted at the beginning of 2010. We note that NPM/NCAI are unaware of successful use of new entrant bidding credits by Tribes or Tribal entities. NPM/NCAI FNPRM Comments at 11. The record does not reveal whether Tribes or Tribal
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • enrichment. In an open, unlimited bidding process without special accommodations, the winner is likely to pay the market price for its license. However, Congress recognized that the potential for unjust enrichment exists when designated entities obtained licenses with the help of bidding credits. 65 See Auction Order, 13 FCC Rcd at �� 193 - 196. See also, 47 C.F.R. � 73.5007. 66 Instructions to the FCC sales Forms 316, 314 and 315 presently provide that the contract or agreement between the parties must specifically show: (1) that the assignee or transferee will have complete control over all necessary physical property and its use and unlimited supervision over programs to be broadcast; (2) the consideration, whether monetary or otherwise, and whether paid
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • -- 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 73.5009 Assignment or transfer of control. Subpart J -- Class A Television [831]TEXT [832]PDF 73.6000 Definitions. [833]TEXT [834]PDF 73.6001 Eligibility and service requirements. [835]TEXT [836]PDF 73.6002 Licensing requirements. [837]TEXT [838]PDF 73.6006 Channel assignments. [839]TEXT [840]PDF 73.6007 Power limitations. [841]TEXT [842]PDF 73.6008 Distance computations. [843]TEXT [844]PDF 73.6010
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  • a daily newspaper; a cable television system; or a license or construction permit for a television station, a low power television or television translator station, an AM, FM or FM translator station, a direct broadcast satellite transponder, or a Multipoint Distribution Service station. See 47 C.F.R. � 73.5008(b) of our amended rules, attached as Exhibit C. See 47 C.F.R. � 73.5007(a)(1) of our amended rules. 231 70 would be the most appropriate way to implement the statutory provisions regarding opportunities for small, minority- and women-owned businesses before the completion of the studies mentioned above and related public comment. Providing bidding credits to entities holding no or few mass media licenses will promote 227 opportunities by minorities and women consistent with congressional
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  • communications. A 25% bidding credit would be given to a winning bidder if it and/or its owners had 107 a recognizable (i.e., controlling) interest in no more than three mass media facilities. No bidding credit, however, would be given if any of these commonly owned mass media facilities served the "same area" as the proposed broadcast station. 47 C.F.R. � 73.5007. The First Report and Order defined mass media facilities very broadly to include full service AM, FM and television stations; LPTV and television and FM translator stations; Multipoint Distribution Service (MDS) stations; cable television systems; direct broadcast satellite transponders; and daily newspapers. 47 C.F.R. � 73.5008(b). Such facilities would be regarded as serving the same area as the proposed broadcast
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  • entrant bidding credit must certify under penalty of perjury that neither it nor any of its attributable interest holders have any attributable interests in more that three media of mass communications, and must identify and describe such media of mass communications. (3) Bidding Credits Applicants that qualify for the New Entrant Bidding Credit, as set forth in 47 C.F.R. � 73.5007, are eligible for a bidding credit that represents the amount by which a bidder's winning bids are discounted. The size of a New Entrant Bidding Credit depends on the number of ownership interests in other media of mass communications that are attributable to the bidder-entity and its attributable interest-holders: A 35 percent bidding credit will be given to a winning
• 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
  • a daily newspaper; a cable television system; or a license or construction permit for a television station, a low power television or television translator station, an AM, FM or FM translator station, a direct broadcast satellite transponder, or a Multipoint Distribution Service station. See 47 C.F.R. � 73.5008(b) of our amended rules, attached as Exhibit C. See 47 C.F.R. � 73.5007(a)(1) of our amended rules. 231 70 would be the most appropriate way to implement the statutory provisions regarding opportunities for small, minority- and women-owned businesses before the completion of the studies mentioned above and related public comment. Providing bidding credits to entities holding no or few mass media licenses will promote 227 opportunities by minorities and women consistent with congressional
• 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
  • communications. A 25% bidding credit would be given to a winning bidder if it and/or its owners had 107 a recognizable (i.e., controlling) interest in no more than three mass media facilities. No bidding credit, however, would be given if any of these commonly owned mass media facilities served the "same area" as the proposed broadcast station. 47 C.F.R. � 73.5007. The First Report and Order defined mass media facilities very broadly to include full service AM, FM and television stations; LPTV and television and FM translator stations; Multipoint Distribution Service (MDS) stations; cable television systems; direct broadcast satellite transponders; and daily newspapers. 47 C.F.R. � 73.5008(b). Such facilities would be regarded as serving the same area as the proposed broadcast
• http://wireless.fcc.gov/auctions/32/releases/d992585b.doc http://wireless.fcc.gov/auctions/32/releases/d992585b.txt
  • credit, the applicant must provide a certification under penalty of perjury that neither it nor any of its attributable interest holders have attributable interests in more than three media of mass communications, as defined in 47 C.F.R. � 73.5008. In addition, applicants claiming a 25 percent credit shall identify and describe such media of mass communications. See 47 C.F.R. �� 73.5007 and 73.5008. Exhibit D -- Information Requested of Designated Entities: Applicants owned by minorities or women, as defined in 47 C.F.R. � 1.2110(b)(2), or that are rural telephone companies, as defined in 47 C.F.R. � 1.2110(b)(3), may attach an exhibit regarding this status. This information, in conjunction with the information in the Applicant Status item, will assist the Commission in
• http://wireless.fcc.gov/auctions/32/releases/d992585c.doc http://wireless.fcc.gov/auctions/32/releases/d992585c.txt
  • Credit. In addition, in those cases where a New Entrant Bidding Credit is being sought, a certification under penalty of perjury must be set forth in Exhibit C attesting to the eligibility of the bidder for the level of Credit claimed. B. Bidding Credits Applicants that qualify for the New Entrant Bidding Credit, as set forth in 47 C.F.R. � 73.5007, are eligible for a bidding credit that represents the amount by which a bidder's winning bids are discounted. The size of a New Entrant Bidding Credit depends on the number of ownership interests in other media of mass communications that are attributable to the bidder-entity and its attributable interest-holders: A 35 percent bidding credit will be given to a winning
• 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
  • credit, the applicant must provide a certification under penalty of perjury that neither it nor any of its attributable interest holders have attributable interests in more than three media of mass communications, as defined in 47 C.F.R. � 73.5008. In addition, applicants claiming a 25 percent credit shall identify and describe such media of mass communications. See 47 C.F.R. �� 73.5007 and 73.5008. Exhibit D - Defaulters and Former Defaulters Information: Each applicant must attach an Exhibit certifying that it is not in default on any Commission construction permit or license and that it is not delinquent on any non-tax debt owed to a Federal agency. Each applicant must also attach a statement made under penalty of perjury indicting whether or
• 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
  • communications. A 25% bidding credit would be given to a winning bidder if it and/or its owners had 107 a recognizable (i.e., controlling) interest in no more than three mass media facilities. No bidding credit, however, would be given if any of these commonly owned mass media facilities served the "same area" as the proposed broadcast station. 47 C.F.R. � 73.5007. The First Report and Order defined mass media facilities very broadly to include full service AM, FM and television stations; LPTV and television and FM translator stations; Multipoint Distribution Service (MDS) stations; cable television systems; direct broadcast satellite transponders; and daily newspapers. 47 C.F.R. � 73.5008(b). Such facilities would be regarded as serving the same area as the proposed broadcast
• http://wireless.fcc.gov/auctions/37/releases/da010119.doc http://wireless.fcc.gov/auctions/37/releases/da010119.txt
  • entrant bidding credit must certify under penalty of perjury that neither it nor any of its attributable interest holders have any attributable interests in more than three media of mass communications, and must identify and describe such media of mass communications. 3. Bidding Credits Applicants that qualify for the New Entrant Bidding Credit, as set forth in 47 C.F.R. � 73.5007, are eligible for a bidding credit that represents the amount by which a bidder's winning bid is discounted. The size of a New Entrant Bidding Credit depends on the number of ownership interests in other media of mass communications that are attributable to the bidder-entity and its attributable interest-holders: ( A 35 percent bidding credit will be given to a
• http://wireless.fcc.gov/auctions/37/releases/da010119e.pdf
  • the Commission's Regulations Governing Attribution of Broadcast and Cable/MDS Interests, Report and Order, MM Docket No. 94-150, 14 FCC Rcd 12559 (1999) (prior history omitted). 33 See 47 C.F. R. � 73.5008. 34 Further, any bidder asserting new entrant status must have de facto as well as de jure control of the entity claiming the bidding credit. 47 C.F.R. � 73.5007. Typically, de jure control is evidenced by ownership of at least 50.1 percent of an entity's voting stock or equivalent level of interest in cases where the bidder is not a corporate entity. De facto control is determined on a case-by-case basis. 35 Broadcast Reconsideration Order at � 75. 36 See 47 C.F.R. � 1.2105. 15 3. Bidding Credits Applicants
• http://wireless.fcc.gov/auctions/37/resources/L_Scanlan.pdf
  • 14 FCC Rcd12541 (1999) Governed by the broadcast attribution rules Mechanics Bidding Credit: a percentage discount applied to high bid amount if bidder meets designated entity criteria established in broadcast auction rules Two tiers: 25% and 35% Apply on Form 175 Check box on Form 175 Profile Page Include Exhibit C with certification and appropriate information Rules 47 C.F.R. Section 73.5007 -Designated Entity Provisions 47 C.F.R. Section 73.5008 -Definitions Applies general broadcast attribution provisions of rule 47 C.F.R. Section 73.3555, note 2 Eligibility Whoseother media interests are counted in establishing eligibility? We consider other media interests held by winning bidder, and by any entity or individual with attributable interestin winning bidder 35% -no attributable interest in any other media of mass
• http://wireless.fcc.gov/auctions/62/Form175.pdf
  • (FCC 99-201) 14 FCC Rcd12541 (1999) Governed by the broadcast attribution rules Mechanics Bidding Credit: a percentage discount applied to high bid amount if bidder meets designated entity criteria established in broadcast auction rules Two tiers: 25% and 35% Apply on Form 175 -New Entrant Eligibility page No opportunity to apply after initial filing window deadline Rules 47 C.F.R. Section 73.5007 -Designated Entity Provisions 47 C.F.R. Section 73.5008 -Definitions Applies general broadcast attribution provisions of rule 47 C.F.R. Section 73.3555, note 2 Eligibility Whoseother media interests are counted in establishing eligibility? We consider other media interests held by winning bidder, and by any entity or individual with attributable interestin winning bidder 35% -no attributable interest in any other media of mass
• http://wireless.fcc.gov/auctions/62/comments/CODOGroup.pdf
  • objective is even more evident today in the frustration expressed by numerous members of Congress over the increased media concentration arising under the Commission's multiple ownership rules. The Commission should focus its auction rules for Auction No. 62, and future broadcast auctions, to strengthen the new entrant bidding credits to lessen to some degree local radio concentration. The existing rule (73.5007) is simply insufficient to introduce a reasonable number of newcomers through the Commission's auction procedures. If it has not already done so, the Commission must evaluate the results of Auction 37 to confirm CODO's experience and consider raising the new entrant bidding credits above the 35% and 25% levels. In addition, the Commission should evaluate all the auction rules to
• http://wireless.fcc.gov/auctions/62/comments/HodsonBroadcasting.pdf
  • was blatantly obvious that throughout the Circuit Court's opinion, both Judge Tatel and Randolph appeared overly transfixed in the context of �309(j)(2), with the term "issued". Perhaps a better phrasing would be, "...shall not apply to Commission licenses or construction permits-...", omitting the word "issued" entirely and thus simplifying the general language of the rule. 547 C.F.R. �� 1.2110(f)(2) and 73.5007(a) 4 don't require or even remotely justify any type of new entrant bidding credit adjustments. However, as a generous compromise to the supra statement, in Hodson's newly proposed 30% tier, a company could have attributable interest in five or less mass media facilities nationwide, with each outlet possessing no more than $4 million in annual receipts, and must provide financial
• http://wireless.fcc.gov/auctions/64/resources/Auc_64_04_175%20revA.pdf
  • (FCC 99-201) 14 FCC Rcd12541 (1999) Governed by the broadcast attribution rules Mechanics Bidding Credit: a percentage discount applied to winning bid amount if bidder meets designated entity criteria established in broadcast auction rules Two tiers: 25% and 35% Apply on Form 175 -New Entrant Eligibility page No opportunity to apply after initial filing window deadline Rules 47 C.F.R. Section 73.5007 -Designated Entity Provisions 47 C.F.R. Section 73.5008 -Definitions Applies general broadcast attribution provisions of rule 47 C.F.R. Section 73.3555, note 2 Eligibility Whose other media interests are counted in establishing eligibility? We consider other media interests held by winning bidder, and by any entity or individual with attributable interest in winning bidder 35% -no attributable interest in any other media
• http://wireless.fcc.gov/auctions/70/resources/175Presentation.pdf
  • 14 FCC Rcd12541 (1999) Governed by the broadcast attribution rules 12/6/2006 Mechanics Bidding Credit: a percentage discount applied to high bid amount if bidder meets designated entity criteria established in broadcast auction rules Two tiers: 25% and 35% Apply on Form 175 -New Entrant Eligibility page No opportunity to apply after initial filing window deadline 12/6/2006 Rules 47 C.F.R. Section 73.5007 -Designated Entity Provisions 47 C.F.R. Section 73.5008 -Definitions Applies general broadcast attribution provisions of rule 47 C.F.R. Section 73.3555, note 2 12/6/2006 Eligibility Whoseother media interests are counted in establishing eligibility? We consider other media interests held by winning bidder, and by any entity or individual with attributable interestin winning bidder 35% -no attributable interest in any other media of
• http://wireless.fcc.gov/auctions/79/resources/175Presentation.pdf
  • (FCC 99-201) 14 FCC Rcd12541 (1999) Governed by the broadcast attribution rules Mechanics Bidding Credit: a percentage discount applied to high bid amount if bidder meets designated entity criteria established in broadcast auction rules Two tiers: 25% and 35% Apply on Form 175 -New Entrant Eligibility page No opportunity to apply after initial filing window deadline Rules 47 C.F.R. Section 73.5007 -Designated Entity Provisions 47 C.F.R. Section 73.5008 -Definitions Applies general broadcast attribution provisions of rule 47 C.F.R. Section 73.3555, note 2 Eligibility Whoseother media interests are counted in establishing eligibility? We consider other media interests held by winning bidder, and by any entity or individual with attributable interestin winning bidder 35% -no attributable interest in any other media of mass
• 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
  • credit, the applicant must provide a certification under penalty of perjury that neither it nor any of its attributable interest holders have attributable interests in more than three media of mass communications, as defined in 47 C.F.R. � 73.5008. In addition, applicants claiming a 25 percent credit shall identify and describe such media of mass communications. See 47 C.F.R. �� 73.5007 and 73.5008. Exhibit D -- Information Requested of Designated Entities: Applicants owned by minorities or women, as defined in 47 C.F.R. � 1.2110(b)(2), or that are rural telephone companies, as defined in 47 C.F.R. � 1.2110(b)(3), may attach an exhibit regarding this status. This information, in conjunction with the information in the Applicant Status item, will assist the Commission in
• 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
  • credit, the applicant must provide a certification under penalty of perjury that neither it nor any of its attributable interest holders have attributable interests in more than three media of mass communications, as defined in 47 C.F.R. � 73.5008. In addition, applicants claiming a 25 percent credit shall identify and describe such media of mass communications. See 47 C.F.R. �� 73.5007 and 73.5008. Exhibit D -- Information Requested of Designated Entities: Applicants owned by minorities or women, as defined in 47 C.F.R. � 1.2110(b)(2), or that are rural telephone companies, as defined in 47 C.F.R. � 1.2110(b)(3), may attach an exhibit regarding this status. This information, in conjunction with the information in the Applicant Status item, will assist the Commission in
• http://wireless.fcc.gov/auctions/81/resources/Form_175.pdf
  • No. 81. Applicant Winning Bidder, Inc. is eligible for the new entrant bidding credit for 9 of these construction permits, but is not eligible for the new entrant bidding credit in MX Group XXX, Small Town, Iowa, as existing station KXXX (FM) at Cedar Rapids, Iowa, is in the "same area," as the term is defined in 47 C.F.R. � 73.5007(b), as the proposed Small Town facility(Facility Identification No. 999999). 0007318140 07/08/05 6:00 PM 0007318140 07/08/05 6:00 PM 0007318140 07/08/05 6:00 PM 0007318140 07/08/05 6:00 PM 0007318140 07/08/05 6:00 PM 0007318140 07/08/05 6:00 PM 0007318140 07/08/05 6:00 PM Other X Drive://Revised Ownership Revised Ownership 0007318140 07/08/05 6:00 PM 0007318140 07/08/05 6:00 PM John Doe John D Doe 0007318140 07/08/05 6:00 PM
• http://wireless.fcc.gov/auctions/82/releases/d011300a.pdf
  • Q and the specific Commission Rules governing the wireless service for which you are applying. If bidding in a broadcast auction, place an [X] in the box preceding the New Entrant designated entity type, if appropriate. This information will be used for determining the applicant's eligibility for the New Entrant bidding credit available for designated entities. See 47 C.F.R. �� 73.5007 & 73.5008. All designated entities must specify which percent bidding credit applies. Applicants ineligible for a bidding credit should leave the question blank. In addition, applicants claiming eligibility for the Small Business or Very Small Business bidding credit, must set forth, in an exhibit, the applicant's gross revenues, and its affiliates' gross revenues, in accordance with the Commission's Rules governing
• 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
  • credit, the applicant must provide a certification under penalty of perjury that neither it nor any of its attributable interest holders have attributable interests in more than three media of mass communications, as defined in 47 C.F.R. � 73.5008. In addition, applicants claiming a 25 percent credit shall identify and describe such media of mass communications. See 47 C.F.R. �� 73.5007 and 73.5008. Exhibit D -- Information Requested of Designated Entities: Applicants owned by minorities or women, as defined in 47 C.F.R. � 1.2110(c)(3), or that are rural telephone companies, as defined in 47 C.F.R. � 1.2110(c)(4), may attach an exhibit regarding this status. This information, in conjunction with the information in the Applicant Status item, will assist the Commission in
• http://wireless.fcc.gov/auctions/82/releases/da020004.pdf http://wireless.fcc.gov/auctions/82/releases/da020004.txt
  • at (202) 942-7040. Complaints about specific deceptive telemarketing investment schemes should be directed to the FTC, the SEC, or the National Fraud Information Center at (800) 876-7060. Consumers who have concerns about specific proposals may also call the FCC Consumer Center at (888) CALL-FCC ((888) 225-5322). * * * * 22 47 C.F.R. � 1.2112(b)(2); see also 47 C.F.R � 73.5007 (new entrant bidding eligibility). 7 CONTACT INFORMATION For questions about payment or instructions for wiring upfront payments, contact Gail Glasser or Tim Dates, Auctions Accounting Group, at (202) 418-1995. For specific questions about an applicant's incomplete status, the applicant should contact the staff reviewer identified in the correspondence sent to the applicant by overnight mail. For additional information, contact: Video
• http://wireless.fcc.gov/auctions/82/releases/da02155.pdf http://wireless.fcc.gov/auctions/82/releases/da02155.txt
  • five business days after the communication occurs. Amendment of Part 1 of the Commission's Rules � Competitive Bidding Procedures, Seventh Report and Order, FCC 00-1270, at 10 (rel. Sept. 27, 2001). 11 Auction No. 82 Procedures Public Notice at 4-5 and Attachment E. 12 47 C.F.R. �� 1.2105(c), 1.2107(d), and 1.2109(d). 13 47 C.F.R. �1.2109(d). 14 See 47 C.F.R. �� 73.5007; 73.5008; 73.3555. (Sorted by Applicant) Date of Report: 01/16/2002 01/16/2002 The following Applicants have been found 'Qualified' : FCC New Analog Television Stations Auction Qualified Bidders - Public Notice Qualified Bidders - Public Notice 82 Upfront Payment Maximum Eligibility FCC Account #Name (Bid - Units) ATTACHMENT A Auction ID: 0821455127 Equity Broadcasting Corporation $345,000.00 345,000 0821523136 George S Flinn $345,000.00
• http://wireless.fcc.gov/auctions/85/175-Presentation.pdf
  • (FCC 99-201) 14 FCC Rcd12541 (1999) Governed by the broadcast attribution rules Mechanics Bidding Credit: a percentage discount applied to high bid amount if bidder meets designated entity criteria established in broadcast auction rules Two tiers: 25% and 35% Apply on Form 175 -New Entrant Eligibility page No opportunity to apply after initial filing window deadline Rules 47 C.F.R. Section 73.5007 -Designated Entity Provisions 47 C.F.R. Section 73.5008 -Definitions Applies general broadcast attribution provisions of rule 47 C.F.R. Section 73.3555, note 2 Eligibility Whoseother media interests are counted in establishing eligibility? We consider other media interests held by winning bidder, and by any entity or individual with attributable interestin winning bidder 35% -no attributable interest in any other media of mass
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=25
  • attributable interest in the winning bidder has an attributable interests in no more than three media of mass communications, as defined in 47 C.F.R. 73.5008; and, * No bidding credit will be given if any of the commonly owned mass media facilities would serve the same area as the proposed broadcast or secondary broadcast station, as defined in 47 C.F.R. 73.5007, or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, have attributable interests in more than three mass media facilities. However, attributable interests held by a winning bidder in existing low power television, television translator or FM translator facilities will not be counted among the bidders' other mass media facilities. License Period
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=27
  • with an attributable interest in the winning bidder had an attributable interests in no more than three media of mass communications, as defined in 47 C.F.R. 73.5008 * No bidding credit was given if any of the commonly owned mass media facilities would serve the same area as the proposed broadcast or secondary broadcast station, as defined in 47 C.F.R. 73.5007, or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, had attributable interests in more than three mass media facilities However, attributable interests held by a winning bidder in existing low power television, television translator or FM translator facilities would not be counted among the bidders' other mass media facilities. License Period
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=28
  • and/or any individual or entity with an attributable interest in the winning bidder, has an attributable interest in no more than three mass media facilities, as defined in 47 C.F.R. 73.5008 * No bidding credit is available if any of the commonly owned mass media facilities serve the same area as the proposed broadcast station, as defined in 47 C.F.R. 73.5007, or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, has attributable interests in more than three mass media facilities Bidding credits are not cumulative. A qualifying applicant receives either the 25 percent or 35 percent bidding credit, but not both. Attributable interests are defined in 47 C.F.R. 73.3555 and Note 2
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=32
  • percent credit, the applicant must provide a certification under penalty of perjury that neither it nor any of its attributable interest holders have attributable interests in more than three media of mass communications, as defined in 47 C.F.R. section 73.5008. In addition, applicants claiming a 25 percent credit shall identify and describe such media of mass communications. (See 47 C.F.R. 73.5007 and 73.5008). Incumbency Potential bidders are reminded that they are solely responsible for investigating and evaluating all technical and market place factors, including any pending proceedings, that may have a bearing on the value of the AM broadcast facilities in this auction. For more information, refer to the due diligence section (Section I.B.3) in the Auction No. 32 [51]Procedures Public
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=54
  • 25 percent credit, the applicant must provide a certification under penalty of perjury that neither it nor any of its attributable interest holders have attributable interests in more than three media of mass communications, as defined in 47 C.F.R. 73.5008. In addition, applicants claiming a 25 percent credit shall identify and describe such media of mass communications. See 47 C.F.R. 73.5007 and 73.5008. [54]Return to Top Arrow Return To Top Last reviewed/updated on 8/31/2006 [55]FCC Home [56]Search [57]RSS [58]Updates [59]E-Filing [60]Initiatives [61]Consumers [62]Find People General Auctions Information [63]Licensing, Technical Support and Website Issues [64]Auctions Contact Information - [65]Forgot Your Password? - [66]Submit eSupport request Phone: 1-877-480-3201 TTY: 1-717-338-2824 Federal Communications Commission 445 12th Street SW Washington, DC 20554 [67]More FCC Contact
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=79
  • entity with an attributable interest in the winning bidder, has an attributable interest in no more than three mass media facilities, as defined in [58]47 C.F.R. 73.5008; * No bidding credit will be given if any of the commonly owned mass media facilities serve the same area as the broadcast station proposed in the auction, as defined in [59]47 C.F.R. 73.5007(b), or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, has attributable interests in more than three mass media facilities. Bidders intending to divest a media interest or make any other ownership changes, such as resignation of positional interests, in order to avoid attribution for purposes of qualifying for the New Entrant
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=80
  • 25 percent credit, the applicant must provide a certification under penalty of perjury that neither it nor any of its attributable interest holders have attributable interests in more than three media of mass communications, as defined in 47 C.F.R. 73.5008. In addition, applicants claiming a 25 percent credit shall identify and describe such media of mass communications. See 47 C.F.R. 73.5007 and 73.5008. [50]Return to Top Arrow Return To Top Last reviewed/updated on 9/13/2006 [51]FCC Home [52]Search [53]RSS [54]Updates [55]E-Filing [56]Initiatives [57]Consumers [58]Find People General Auctions Information [59]Licensing, Technical Support and Website Issues [60]Auctions Contact Information - [61]Forgot Your Password? - [62]Submit eSupport request Phone: 1-877-480-3201 TTY: 1-717-338-2824 Federal Communications Commission 445 12th Street SW Washington, DC 20554 [63]More FCC Contact
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=82
  • 25 percent credit, the applicant must provide a certification under penalty of perjury that neither it nor any of its attributable interest holders have attributable interests in more than three media of mass communications, as defined in 47 C.F.R. 73.5008. In addition, applicants claiming a 25 percent credit shall identify and describe such media of mass communications. See 47 C.F.R. 73.5007 and 73.5008. [51]Return to Top Arrow Return To Top Last reviewed/updated on 8/30/2006 [52]FCC Home [53]Search [54]RSS [55]Updates [56]E-Filing [57]Initiatives [58]Consumers [59]Find People General Auctions Information [60]Licensing, Technical Support and Website Issues [61]Auctions Contact Information - [62]Forgot Your Password? - [63]Submit eSupport request Phone: 1-877-480-3201 TTY: 1-717-338-2824 Federal Communications Commission 445 12th Street SW Washington, DC 20554 [64]More FCC Contact
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=88
  • entity with an attributable interest in the winning bidder, has an attributable interest in no more than three mass media facilities, as defined in [59]47 C.F.R. 73.5008; * No bidding credit will be given if any of the commonly owned mass media facilities serve the same area as the broadcast station proposed in the auction, as defined in [60]47 C.F.R. 73.5007(b), or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, has attributable interests in more than three mass media facilities. Applicants intending to divest a media interest or make any other ownership changes, such as resignation of positional interests, in order to avoid attribution for purposes of qualifying for the New Entrant
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=90
  • of a new VHF commercial digital television station specifies a period of three years within which construction must be completed and a license application filed. See [53]47 C.F.R. 73.3598. Broadcast station licenses are issued for eight year terms. See [54]47 C.F.R. 73.1020(a). New Entrant Bidding Credit A New Entrant Bidding Credit will be available for this auction. See [55]47 C.F.R. 73.5007(a). Eligibility and application requirements for the New Entrant Bidding Credit are specified in Public Notice DA 10-2008 ([56]pdf) and [57]Section 73.5007 of the Commissions Rules. Applicants that qualify for the New Entrant Bidding Credit are eligible for a bidding credit that represents the amount by which a bidders winning bid is discounted. The size of a New Entrant Bidding Credit
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=91
  • entity with an attributable interest in the winning bidder, has an attributable interest in no more than three mass media facilities, as defined in [60]47 C.F.R. 73.5008; * No bidding credit will be given if any of the commonly owned mass media facilities serve the same area as the broadcast station proposed in the auction, as defined in [61]47 C.F.R. 73.5007(b), or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, has attributable interests in more than three mass media facilities. Bidders intending to divest a media interest or make any other ownership changes, such as resignation of positional interests, in order to avoid attribution for purposes of qualifying for the New Entrant
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=93
  • entity with an attributable interest in the winning bidder, has an attributable interest in no more than three mass media facilities, as defined in [59]47 C.F.R. 73.5008; * No bidding credit will be given if any of the commonly owned mass media facilities serve the same area as the broadcast station proposed in the auction, as defined in [60]47 C.F.R. 73.5007(b), or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, has attributable interests in more than three mass media facilities. Bidders intending to divest a media interest or make any other ownership changes, such as resignation of positional interests, in order to avoid attribution for purposes of qualifying for the New Entrant
• http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
  • 1 general competitive bidding rule, the service-specific competitive bidding rule need only specify the provision that is not applicable. For example, the Part 1 unjust enrichment provisions contained in section 1.2111(b)-(e) do not apply to assignments or transfers of broadcast construction permits or licenses governed by Part 73 because Part 73 has a service-specific unjust enrichment provision. 47 C.F.R � 73.5007(c). Accordingly, we modify section 73.5009 to state that section 1.2111(b)-(e) does not apply. However, it is unnecessary to further provide in section 73.5009 that section 1.2111(a) continues to apply in light of the provision in section 73.5000 that the Part 1 competitive bidding rules apply unless otherwise indicated. Similarly, we modify section 73.5009(b) to enumerate only those portions of the
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • enrichment. In an open, unlimited bidding process without special accommodations, the winner is likely to pay the market price for its license. However, Congress recognized that the potential for unjust enrichment exists when designated entities obtained licenses with the help of bidding credits. 65 See Auction Order, 13 FCC Rcd at �� 193 - 196. See also, 47 C.F.R. � 73.5007. 66 Instructions to the FCC sales Forms 316, 314 and 315 presently provide that the contract or agreement between the parties must specifically show: (1) that the assignee or transferee will have complete control over all necessary physical property and its use and unlimited supervision over programs to be broadcast; (2) the consideration, whether monetary or otherwise, and whether paid
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/LPTV_Notices/da001383.doc
  • credit, the applicant must provide a certification under penalty of perjury that neither it nor any of its attributable interest holders have attributable interests in more than three media of mass communications, as defined in 47 C.F.R. � 73.5008. In addition, applicants claiming a 25 percent credit shall identify and describe such media of mass communications. See 47 C.F.R. �� 73.5007 and 73.5008. Exhibit D -- Information Requested of Designated Entities: Applicants owned by minorities or women, as defined in 47 C.F.R. � 1.2110(b)(2), or that are rural telephone companies, as defined in 47 C.F.R. � 1.2110(b)(3), may attach an exhibit regarding this status. This information, in conjunction with the information in the Applicant Status item, will assist the Commission in
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/d992585b.doc http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/d992585b.txt
  • credit, the applicant must provide a certification under penalty of perjury that neither it nor any of its attributable interest holders have attributable interests in more than three media of mass communications, as defined in 47 C.F.R. � 73.5008. In addition, applicants claiming a 25 percent credit shall identify and describe such media of mass communications. See 47 C.F.R. �� 73.5007 and 73.5008. Exhibit D -- Information Requested of Designated Entities: Applicants owned by minorities or women, as defined in 47 C.F.R. � 1.2110(b)(2), or that are rural telephone companies, as defined in 47 C.F.R. � 1.2110(b)(3), may attach an exhibit regarding this status. This information, in conjunction with the information in the Applicant Status item, will assist the Commission in
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/d992585c.doc http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/d992585c.txt
  • Credit. In addition, in those cases where a New Entrant Bidding Credit is being sought, a certification under penalty of perjury must be set forth in Exhibit C attesting to the eligibility of the bidder for the level of Credit claimed. B. Bidding Credits Applicants that qualify for the New Entrant Bidding Credit, as set forth in 47 C.F.R. � 73.5007, are eligible for a bidding credit that represents the amount by which a bidder's winning bids are discounted. The size of a New Entrant Bidding Credit depends on the number of ownership interests in other media of mass communications that are attributable to the bidder-entity and its attributable interest-holders: A 35 percent bidding credit will be given to a winning
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da992824.doc
  • credit, the applicant must provide a certification under penalty of perjury that neither it nor any of its attributable interest holders have attributable interests in more than three media of mass communications, as defined in 47 C.F.R. � 73.5008. In addition, applicants claiming a 25 percent credit shall identify and describe such media of mass communications. See 47 C.F.R. �� 73.5007 and 73.5008. Exhibit D -- Information Requested of Designated Entities: Applicants owned by minorities or women, as defined in 47 C.F.R. � 1.2110(b)(2), or that are rural telephone companies, as defined in 47 C.F.R. � 1.2110(b)(3), may attach an exhibit regarding this status. This information, in conjunction with the information in the Applicant Status item, will assist the Commission in
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992958.doc
  • entrant bidding credit must certify under penalty of perjury that neither it nor any of its attributable interest holders have any attributable interests in more that three media of mass communications, and must identify and describe such media of mass communications. (3) Bidding Credits Applicants that qualify for the New Entrant Bidding Credit, as set forth in 47 C.F.R. � 73.5007, are eligible for a bidding credit that represents the amount by which a bidder's winning bids are discounted. The size of a New Entrant Bidding Credit depends on the number of ownership interests in other media of mass communications that are attributable to the bidder-entity and its attributable interest-holders: A 35 percent bidding credit will be given to a winning
• http://www.fcc.gov/DiversityFAC/041004/RichardDeanHodson.pdf
  • the supra statement, in Hodson=s newly proposed 30% tier, a company could have attributable interest in five or less mass media facilities nationwide, with each outlet possessing no more than $4 million in annual receipts, and providing financial documentation of such to the Commission, on the strict qualifying condition that this potential bidder lacks any 1247 C.F.R. '' 1.2110(f)(2) and 73.5007(a) 16 mass communication presence within 250 kilometers (155 miles) of the auctioned community coordinates or plausible service area. If any of their facilities have over $4 million in gross yearly revenue, they would be automatically deemed ineligible for the 30% Bidding Credit. If the same or another business entity also controls or has attributable interest in any broadcast or other
• http://www.fcc.gov/DiversityFAC/101410/preference-101410.doc
  • Based on these recommendations, the Advisory Committee urges the FCC to design, adopt, and implement a preference program for individuals that have faced substantial disadvantages and have overcome those disadvantages, at least in part. In addition to the Designated Entity rules, there exists another bidding credit for ``new entrants'' which applies specifically to broadcast license auctions. See 47 C.F.R. � 73.5007. As a modification to the Designated Entity rules, the Advisory Committee's recommendation is intended to reach all licenses subject to competitive bidding, including broadcast. These recommendations use ``overcome'' and ``overcoming'' interchangeably. As discussed below, preference applicants will demonstrate that they have overcome disadvantage sufficiently for purposes of the preference by showing meaningful success in a professional, educational, or other related
• http://www.fcc.gov/DiversityFAC/102808/eligible-entities-report-102808.pdf
  • Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, Report and Order, 13 FCC Rcd 15920, 15994 �189 (1998) ("Competitive Bidding") (citing United States v. Virginia, 518 U.S. 515 (1996) and Adarand Constructors Inc. v. Pe�a, 515 U.S. 200 (1995)) ("Adarand")). 102 See Competitive Bidding, 13 FCC Rcd at 15995 �188. 103 See 47 C.F.R. �73.5007(a) (2008). 104 Id. 3 methods.105 In November 2004, the Commission auctioned 258 construction permits for FM stations.106 Many of these winners were reported to have been new entrants in radio broadcasting.107 However, it is unclear how many of these new entrants were minorities or women. * * * * * 105 See, e.g., S. Derek Turner, Off the Dial: Female
• http://www.fcc.gov/DiversityFAC/adopted-recommendations/eligible-entities-report-102808.pdf
  • Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, Report and Order, 13 FCC Rcd 15920, 15994 �189 (1998) ("Competitive Bidding") (citing United States v. Virginia, 518 U.S. 515 (1996) and Adarand Constructors Inc. v. Pe�a, 515 U.S. 200 (1995)) ("Adarand")). 102 See Competitive Bidding, 13 FCC Rcd at 15995 �188. 103 See 47 C.F.R. �73.5007(a) (2008). 104 Id. 3 methods.105 In November 2004, the Commission auctioned 258 construction permits for FM stations.106 Many of these winners were reported to have been new entrants in radio broadcasting.107 However, it is unclear how many of these new entrants were minorities or women. * * * * * 105 See, e.g., S. Derek Turner, Off the Dial: Female
• http://www.fcc.gov/Forms/Form175/175.pdf
  • Q and the specific Commission Rules governing the wireless service for which you are applying. If bidding in a broadcast auction, place an [X] in the box preceding the New Entrant designated entity type, if appropriate. This information will be used for determining the applicant's eligibility for the New Entrant bidding credit available for designated entities. See 47 C.F.R. �� 73.5007 & 73.5008. All designated entities must specify which percent bidding credit applies. Applicants ineligible for a bidding credit should leave the question blank. In addition, applicants claiming eligibility for the Small Business or Very Small Business bidding credit, must set forth, in an exhibit, the applicant's gross revenues, and its affiliates' gross revenues, in accordance with the Commission's Rules governing
• http://www.fcc.gov/Forms/Form314/314.pdf
  • based on the rate for ten-year U.S. Treasury obligations applicable on the date the construction permit was granted, as a condition for Commission approval of any assignment or transfer of that license or construction permit, if the authorization will be acquired by an entity that does not meet the eligibility criteria for the bidding credit. See 47 C.F.R. Sections 1.2111(d)(1), 73.5007. The amount of this payment will be reduced over a five-year period. See 47 C.F.R. Sections 1.2111(d)(2), 73.5007. No payment is required if (1) the authorization is transferred or assigned more than five years after the initial issuance of the construction permit; or (2) the proposed transferee or assignee meets the eligibility criteria for the bidding credit. In accordance with
• http://www.fcc.gov/Forms/Form315/315.pdf
  • based on the rate for ten-year U.S. Treasury obligations applicable on the date the construction permit was granted, as a condition for Commission approval of any assignment or transfer of that license or construction permit, if the authorization will be acquired by an entity that does not meet the eligibility criteria for the bidding credit. See 47 C.F.R. Sections 1.2111(d)(1), 73.5007. The amount of this payment will be reduced over a five-year period. See 47 C.F.R. Sections 1.2111(d)(2), 73.5007. No payment is required if (1) the authorization is transferred or assigned more than five years after the initial issuance of the construction permit; or (2) the proposed transferee or assignee meets the eligibility criteria for the bidding credit. In accordance with
• http://www.fcc.gov/Forms/Form316/316.pdf
  • court or administrative body. Applicants should review the instructions for Section III, Items 5, 8, and 9 of this form before completing this item. K. Item 9: Auction Authorization. This question asks the assignor/transferor to certify that the proposed assignment or transfer of control will comply with the "unjust enrichment" provisions of the Commission's competitive bidding rules, 47 C.F.R. Section 73.5007(c). Assignors/transferors must review the instructions for Section III, Item 11 before completing this item. See Policies to Promote Rural Radio Service and to Streamline Allotment and Assignment Procedures, First Report and Order and Further Notice of Proposed Rulemaking, MB Docket No. 09-52, FCC 10-24, in which the Commission established that the unjust enrichment rule provisions should apply in the context
• http://www.fcc.gov/Forms/Form345/345.pdf
  • on the rate for ten- year U.S. Treasury obligations applicable on the date the construction permit was granted, as a condition for Commission approval of any assignment or transfer of that license or construction permit, if the authorization will be acquired by an entity that does not meet the eligibility criteria for the bidding credit. See 47 C.F.R. Sections 1.2111(d)(1), 73.5007. The amount of this payment will be reduced over a five-year period. See 47 C.F.R. Sections 1.2111(d)(2), 73.5007. No payment is required if (1) the authorization is transferred or assigned more than five years after the initial issuance of the construction permit; or (2) the proposed transferee or assignee meets the eligibility criteria for the bidding credit. In accordance with
• http://www.fcc.gov/fcc-bin/audio/DA-06-2017A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-2017A1.pdf
  • facie inconsistent with [Section 309(k)]. Such allegations of fact shall, except for those of which official notice may be taken, be supported by affidavit of a person or persons with personal knowledge thereof.''); 47 C.F.R. � 73.3584(b); Citizens for Jazz on WRVR v. F.C.C., 775 F.2d 392, 395 (D.C. Cir. 1985). Petition at 8. Id. at 3. 47 C.F.R. � 73.5007(a). Id. � 73.3555, Note 2. In the case of Jensen's alleged use of her employer's fax machine, Stratemeyer states that such misuse of company resources evidences a ``serious lack of character.'' Petition at 3. While Mr. Stratemeyer may choose to litigate against his own employees to the fullest extent of the law for personal use of company business equipment, the
• http://www.fcc.gov/fcc-bin/audio/DA-06-321A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-321A1.pdf
  • II, disclosed a 45 percent interest in KCLT(FM) and a 50 percent interest in KAKJ(FM). Letter to Mr. Raymond Simes, Ref. No. 1800B3-TSN (WTB Sept. 13, 2004) (``Simes Acceptance Letter''). Public Notice, ``Auction of FM Broadcast Construction Permits - 456 Bidders Qualified to Participate in Auction No. 37,'' 19 FCC Rcd 19773, 19872 (MB/WTB 2004). See also 47 C.F.R. �� 73.5007(a), (b) (no bidding credit if any of an applicant's commonly owned mass media facilities serve the same area as the proposed broadcast station). 47 C.F.R. � 73.5007(a). Id., �� 73.5007(a), (b). Id. �� 73.5007(b)(2)(ii), 73.5007(b)(3)(ii). See, e.g., Public Notice, ``Auction of FM Broadcast Construction Permits Scheduled for November 3, 2004 - Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments
• http://www.fcc.gov/fcc-bin/audio/DA-07-608A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-608A1.pdf
  • Mr. Scott M. Knoblauch 1 Aviation Lane Unit 8 Greenville, SC 29607 In re: Broadcast Auction No. 70 Form 175 Application of Scott M. Knoblauch Dear Mr. Knoblauch: The Commission has received your short-form application (FCC Form 175) to participate in the upcoming FM Broadcast Auction ("Auction No. 70"). In this letter we address your request for waiver of Section 73.5007 of the Commission's Rules. Specifically, we consider whether your sole membership and management interest in Kansas City Trust, LLC (``KCT''), licensee of broadcast stations KCHZ(FM), Ottawa, Kansas, and KMAJ-FM, Topeka, Kansas, should be attributed to you for purposes of qualifying for the new entrant bidding credit (``NEBC''). You argue that KCHZ(FM) and KMAJ-FM should not be attributed to you, and
• http://www.fcc.gov/fcc-bin/audio/DA-11-1845A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1845A1.pdf
  • any individual or entity with an attributable interest in the winning bidder, has an attributable interest in no more than three mass media facilities, as defined in section 73.5008; No bidding credit will be given if any of the commonly owned mass media facilities serve the same area as the broadcast permit proposed in the auction, as defined in section 73.5007(b), or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, has attributable interests in more than three mass media facilities. For purposes of determining whether a broadcast permit offered in this auction is in the ``same area'' as an applicant's existing mass media facilities, the coverage area of the to-be-auctioned facility is
• http://www.fcc.gov/fcc-bin/audio/DA-11-1873A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1873A1.pdf
  • New Entrant Bidding Credit Recipient - to Form 175 filed by Raymond Simes in FM Broadcast Auction 37. Mr. Raymond Simes, Letter, Ref. No. 1800B3-TSN (MB Sept. 13, 2004) (``Simes Acceptance Letter''). Auction of FM Broadcast Construction Permits-456 Bidders Qualified to Participate in Auction No. 37, Public Notice, 19 FCC Rcd 19773, 19872 (MB/WTB 2004). See also 47 C.F.R. �� 73.5007(a), (b) (applicant receives no bidding credit if any of an applicant's commonly owned mass media facilities serves the same area as the proposed broadcast station; AM and FM broadcast stations are considered to be in the ``same area'' if the principal community contours of the attributable and auctioned facilities overlap). 47 C.F.R. � 73.3555(a). L.T. Simes II and Raymond Simes,
• http://www.fcc.gov/fcc-bin/audio/DA-12-148A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-148A1.pdf
  • Competitive Bidding Rules, WT Docket No. 10-18, Order, FCC 10-4, 25 FCC Rcd 521, 523 � 8 (2010) (``Part 1 Procedural Amendments Order''). See also 47 C.F.R. � 1.2105(c)(6) (any applicant that makes or receives a prohibited communication must report such communication in writing to the Commission no later than five business days after the communication occurs); 47 C.F.R. � 73.5007(a) (changes in circumstances underlying an applicant's new entrant bidding credit eligibility claim must be reported immediately and no later than five business days after the change occurs). The new entrant bidding credit is not available to an applicant if it, and/or any individual or entity with an attributable interest in the applicant, has an attributable interest in more than three
• http://www.fcc.gov/fcc-bin/audio/DA-12-374A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-374A1.pdf
  • Part 1 Procedural Amendments Order, 25 FCC Rcd at 521. See 47 C.F.R. � 1.2105(b). Id. See Policies to Promote Rural Radio Service and to Streamline Allotment and Assignment Procedures, MB Docket No. 09-52, First Report and Order and Further Notice of Proposed Rule Making, FCC 10-24, 25 FCC Rcd 1583, 1611-14 �� 57-63 (2010). See also 47 C.F.R. � 73.5007(a). See ``Commission Announces that Mutually Exclusive `Short Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, FCC 94-283, 9 FCC Rcd 6760 (1994). See also 47 C.F.R. � 1.1202(d)(1) Note 1. See Auction 93 Procedures Public Notice, 26 FCC Rcd at 15494-96 �� 31-37. For more detail, see
• http://www.fcc.gov/fcc-bin/audio/FCC-03-127A2.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-127A2.pdf
  • services on the television vertical blanking interval and in the visual signal; time sales contracts with the same sponsor for 4 or more hours per day, except where the length of the events (such as athletic contests, musical programs and special events) broadcast pursuant to the contract is not under control of the station; and contracts with chief operators. Section 73.5007 is amended by revising paragraphs (b)(2)(i), (b)(2)(ii), (b)(2)(iii), and (b)(3)(i), (b)(3)(ii), and (b)(3)(iv to read as follows: � 73.5007 Designated entity provisions. ***** (b)*** (2)*** AM broadcast station - principal community contour (see � 73.24(i)); FM Broadcast station - principal community contour (see � 73.315(a)); Television broadcast station - television Grade B or equivalent contour (see � 73.683(a) for analog
• http://www.fcc.gov/fcc-bin/audio/FCC-03-5A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-5A1.pdf
  • falsely claimed that it was entitled to the NEBC, that MCBI was not financially qualified, and that it falsely certified its financial qualifications. The staff denied the petition to deny and DeLaHunt's subsequent petition for reconsideration of that action. DeLaHunt now seeks review. 3. Discussion. New entrant bidding credit: The standards for determining NEBC eligibility are set forth in Section 73.5007 of our rules: A thirty-five (35) percent bidding credit will be given to a winning bidder if it, and/or any individual or entity with an attributable interest in the winning bidder, have no attributable interest in any other media of mass communications, as defined in � 73.5008. A twenty-five (25) percent bidding credit will be given to a winning bidder
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • -- 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 73.5009 Assignment or transfer of control. Subpart J -- Class A Television [831]TEXT [832]PDF 73.6000 Definitions. [833]TEXT [834]PDF 73.6001 Eligibility and service requirements. [835]TEXT [836]PDF 73.6002 Licensing requirements. [837]TEXT [838]PDF 73.6006 Channel assignments. [839]TEXT [840]PDF 73.6007 Power limitations. [841]TEXT [842]PDF 73.6008 Distance computations. [843]TEXT [844]PDF 73.6010
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • -- 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 73.5009 Assignment or transfer of control. Subpart J -- Class A Television [784]TEXT [785]PDF 73.6000 Definitions. [786]TEXT [787]PDF 73.6001 Eligibility and service requirements. [788]TEXT [789]PDF 73.6002 Licensing requirements. [790]TEXT [791]PDF 73.6006 Channel assignments. [792]TEXT [793]PDF 73.6007 Power limitations. [794]TEXT [795]PDF 73.6008 Distance computations. [796]TEXT [797]PDF 73.6010
• http://www.fcc.gov/ogc/documents/opinions/2005/03-1439-061405.pdf
  • agency's reading of its own regulation, unless that reading is `plainly erroneous or inconsistent with the regulation.'" United States Air Tour Ass'n v. FAA, 298 F.3d 997, 1005 (D.C. Cir. 2002) (quoting Auer v. Robbins, 519 U.S. 452, 461 (1997)).3 Thus, the only question for us is whether the FCC's interpretation of its bidding credit rules satisfies that test. Section 73.5007(a) of the FCC's rules sets forth the eligibility standards for the new entrant bidding credit as follows: 5 A thirty-five (35) percent bidding credit will be given to a winning bidder if it . . . [has] no attributable interest in any other media of mass communications, as defined in � 73.5008. A twenty-five (25) percent bidding credit will be