FCC Web Documents citing 73.5008

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

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1383A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1383A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1383A1.txt
  • C.F.R. � 1.2105(c). Exhibit C -- Status as a New Entrant Bidding Credit Recipient: An applicant claiming that it qualifies for a 35 percent new entrant credit must certify under penalty of perjury that neither it nor any of its attributable interest holders have any attributable interests in any other media of mass communications, as defined in 47 C.F.R. � 73.5008. With respect to those qualifying for a 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-119A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-119A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-119A1.txt
  • attributable for purposes of the broadcast multiple ownership rules. 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 interests in determining its eligibility for a New Entrant Bidding Credit. A medium of mass communications is defined in 47 C.F.R � 73.5008 (b). 2. Application Requirements In addition to the ownership information required on Exhibit A, applicants are required to file supporting documentation on Exhibit C to their FCC Form 175 short-form applications to establish that they satisfy the eligibility requirements to qualify for a New Entrant Bidding Credit. In those cases where a New Entrant Bidding Credit is being sought, a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1300A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1300A1.txt
  • � 1.2105(c). Exhibit C -- Status as a New Entrant Bidding Credit Recipient : An applicant claiming that it qualifies for a 35 percent new entrant credit must certify under penalty of perjury that neither it nor any of its attributable interest holders have any attributable interests in any other media of mass communications, as defined in 47 C.F.R. � 73.5008. With respect to those qualifying for a 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1441A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1441A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1441A1.txt
  • C.F.R. � 1.2105(c). Exhibit C -- Status as a New Entrant Bidding Credit Recipient: An applicant claiming that it qualifies for a 35 percent new entrant credit must certify under penalty of perjury that neither it nor any of its attributable interest holders have any attributable interests in any other media of mass communications, as defined in 47 C.F.R. � 73.5008. With respect to those qualifying for a 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-155A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-155A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-155A1.txt
  • 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 8H�]}��`��2@
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  • 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, �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3214A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3214A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3214A1.txt
  • 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 report
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1547A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1547A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1547A1.txt
  • 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 interests in determining its eligibility for a New Entrant Bidding Credit. Full service noncommercial educational stations, on both reserved and non-reserved channels, are included among ``media of mass communications'' as defined in Section 73.5008(b). A medium of mass communications is defined in 47 C.F.R � 73.5008 (b) and includes non-commercial broadcast stations. 2. Application Requirements In addition to the ownership information required on Exhibit A, applicants are required to file supporting documentation on Exhibit C to their FCC Form 175 applications to establish that they satisfy the eligibility requirements to qualify for a New
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  • 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, �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3532A3.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3532A3.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3532A3.txt
  • settlements. Exhibit C -- Status as a New Entrant Bidding Credit Recipient: An applicant claiming that it qualifies for a 35 percent new entrant credit must provide a certification, under penalty of perjury, that neither it nor any of its attributable interest holders have any attributable interests in any other media of mass communications, as defined in 47 C.F.R. � 73.5008. An applicant claiming that it qualifies for a 25 percent new entrant bidding credit 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 bidding credit must
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-359A3.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-359A3.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-359A3.txt
  • settlements. Exhibit C -- Status as a New Entrant Bidding Credit Recipient: An applicant claiming that it qualifies for a 35 percent new entrant credit must provide a certification, under penalty of perjury, that neither it nor any of its attributable interest holders have any attributable interests in any other media of mass communications, as defined in 47 C.F.R. � 73.5008. An applicant claiming that it qualifies for a 25 percent new entrant bidding credit 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 bidding credit must
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1699A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1699A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1699A1.txt
  • attributable for purposes of the broadcast multiple ownership rules. 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 interests in determining its eligibility for a New Entrant Bidding Credit. A medium of mass communications is defined in 47 C.F.R. � 73.5008(b). Full service noncommercial educational stations, on both reserved and non-reserved channels, are included among ``media of mass communications'' as defined in Section 73.5008(b). 2. Application Requirements In addition to the ownership information required on Exhibit A, applicants are required to file supporting documentation on Exhibit C to their FCC Form 175 applications to establish that they satisfy the eligibility requirements
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3252A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3252A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3252A1.txt
  • 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. See
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1598A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1598A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1598A1.txt
  • attributable for purposes of the broadcast multiple ownership rules. 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 interests in determining its eligibility for a New Entrant Bidding Credit. A medium of mass communications is defined in 47 C.F.R. � 73.5008(b). Full service noncommercial educational stations, on both reserved and non-reserved channels, are included among ``media of mass communications'' as defined in Section 73.5008(b). Application Requirements In addition to the ownership information required pursuant to � 1.2112, applicants are required to establish on their FCC Form 175 applications that they satisfy the eligibility requirements to qualify for a New Entrant Bidding
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  • 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. at
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  • please allow a minimum of 10 minutes. Auction No. 81 Procedures Public Notice, 20 FCC Rcd at 9507-08. Attachment A of the Auction No. 81 Procedures Public Notice sets forth the minimum opening bid amounts for each construction permit offered in Auction No. 81. See 47 C.F.R � 1.65. See 47 C.F.R. � 1.2105(b). Id. 47 C.F.R. �� 73.5007 and 73.5008. Auction No. 81 Procedures Public Notice, 20 FCC Rcd at 9488-90. 47 C.F.R. � 1.2105(a)(2)(viii), 47 C.F.R. � 1.2105(c)(1), and 73.5002(d). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, 16 FCC Rcd 17546 (2001) (``Part 1 Seventh Report and Order''); id., Order on Reconsideration of the Third Report and Order,
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  • for purposes of the broadcast multiple ownership rules. 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 winning bidder's other mass media interests in determining its eligibility for a New Entrant Bidding Credit. A medium of mass communications is defined in 47 C.F.R. � 73.5008(b). Full service noncommercial educational stations, on both reserved and non-reserved channels, are included among ``media of mass communications'' as defined in Section 73.5008(b). Application Requirements In addition to the ownership information required pursuant to 47 C.F.R. �� 1.2105 and 1.2112, applicants are required to establish on their short-form applications that they satisfy the eligibility requirements to qualify for a New
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3204A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3204A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3204A1.txt
  • please allow a minimum of 10 minutes. Auction No. 62 Procedures Public Notice, 20 FCC Rcd at 10527-28. Attachment A of the Auction No. 62 Procedures Public Notice sets forth the minimum opening bid amounts for each construction permit offered in Auction No. 62. See 47 C.F.R � 1.65. See 47 C.F.R. � 1.2105(b). Id. 47 C.F.R. �� 73.5007 and 73.5008. See 47 C.F.R. � 73.202. Auction No. 62 Procedures Public Notice, 20 FCC Rcd at 10500-03. 47 C.F.R. � 1.2105(a)(2)(viii), 47 C.F.R. � 1.2105(c)(1), and 73.5002(c). See also Auction No. 62 Procedures Public Notice, 20 FCC Rcd at 10497-98, for a discussion of the anti-collusion rules in Auction No. 62 and the application of geographic license areas to the FM
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3204A1_Erratum.doc
  • please allow a minimum of 10 minutes. Auction No. 62 Procedures Public Notice, 20 FCC Rcd at 10527-28. Attachment A of the Auction No. 62 Procedures Public Notice sets forth the minimum opening bid amounts for each construction permit offered in Auction No. 62. See 47 C.F.R � 1.65. See 47 C.F.R. � 1.2105(b). Id. 47 C.F.R. �� 73.5007 and 73.5008. See 47 C.F.R. � 73.202. Auction No. 62 Procedures Public Notice, 20 FCC Rcd at 10500-03. 47 C.F.R. � 1.2105(a)(2)(viii), 47 C.F.R. � 1.2105(c)(1), and 73.5002(c). See also Auction No. 62 Procedures Public Notice, 20 FCC Rcd at 10497-98, for a discussion of the anti-collusion rules in Auction No. 62 and the application of geographic license areas to the FM
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3204A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3204A2.txt
  • 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 0% bidding
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3204A2_Erratum.pdf
  • 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 0% bidding
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1949A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1949A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1949A1.txt
  • attributable for purposes of the broadcast multiple ownership rules. 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 bidder's other mass media interests in determining its eligibility for a New Entrant Bidding Credit. A medium of mass communications is defined in 47 C.F.R. � 73.5008(b). Full service noncommercial educational stations, on both reserved and nonreserved channels, are included among ``media of mass communications'' as defined in Section 73.5008(b). Application Requirements In addition to the ownership information required pursuant to � 1.2112, applicants are required to establish on their short-form applications that they satisfy the eligibility requirements to qualify for a New Entrant Bidding Credit. In
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  • attributable for purposes of the broadcast multiple ownership rules. 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 bidder's other mass media interests in determining its eligibility for a New Entrant Bidding Credit. A medium of mass communications is defined in 47 C.F.R. � 73.5008(b). Full service noncommercial educational stations, on both reserved and nonreserved channels, are included among ``media of mass communications'' as defined in Section 73.5008(b). Application Requirements In addition to the ownership information required pursuant to � 1.2112, applicants are required to establish on their short-form applications that they satisfy the eligibility requirements to qualify for a New Entrant Bidding Credit. In
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  • a minimum of 10 minutes. Auction No. 68 Procedures Public Notice, 21 FCC Rcd 11174-75 �� 121-22. Attachment A of the Auction No. 68 Procedures Public Notice sets forth the minimum opening bid amounts for each construction permit offered in Auction No. 68. See 47 C.F.R. � 1.65. See 47 C.F.R. � 1.2105(b). Id. See 47 C.F.R. �� 73.5007 and 73.5008. See 47 C.F.R. � 73.202. Auction No. 68 Procedures Public Notice, 21 FCC Rcd 11153-54 �� 19-26. 47 C.F.R. �� 1.2105(a)(2)(viii), 1.2105(c)(1), and 73.5002(c). See also Auction No. 68 Procedures Public Notice, 21 FCC Rcd 11150-53 �� 10-18, for a discussion of the anti-collusion rules for Auction No. 68. See Amendment of Part 1 of the Commission's Rules - Competitive
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2552A1_Erratum.doc
  • a minimum of 10 minutes. Auction No. 68 Procedures Public Notice, 21 FCC Rcd 11174-75 �� 121-22. Attachment A of the Auction No. 68 Procedures Public Notice sets forth the minimum opening bid amounts for each construction permit offered in Auction No. 68. See 47 C.F.R. � 1.65. See 47 C.F.R. � 1.2105(b). Id. See 47 C.F.R. �� 73.5007 and 73.5008. See 47 C.F.R. � 73.202. Auction No. 68 Procedures Public Notice, 21 FCC Rcd 11153-54 �� 19-26. 47 C.F.R. �� 1.2105(a)(2)(viii), 1.2105(c)(1), and 73.5002(c). See also Auction No. 68 Procedures Public Notice, 21 FCC Rcd 11150-53 �� 10-18, for a discussion of the anti-collusion rules for Auction No. 68. See Amendment of Part 1 of the Commission's Rules - Competitive
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  • please allow a minimum of 10 minutes. Auction No. 64 Procedures Public Notice, 20 FCC Rcd at 18131. Attachment A of the Auction No. 64 Procedures Public Notice sets forth the minimum opening bid amounts for each construction permit offered in Auction No. 64. See 47 C.F.R � 1.65. See 47 C.F.R. � 1.2105(b). Id. 47 C.F.R. �� 73.5007 and 73.5008. See 47 C.F.R. �� 73.606 and 73.622. Auction No. 64 Procedures Public Notice, 20 FCC Rcd at 18106-08. 47 C.F.R. �� 1.2105(a)(2)(viii), 1.2105(c)(1), and 73.5002(c). See also Auction No. 64 Procedures Public Notice, 20 FCC Rcd at 18103-06, for a discussion of the anti-collusion rules in Auction No. 64 and the application of geographic license areas to the television broadcast
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  • for purposes of the broadcast multiple ownership rules. 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 winning bidder's other mass media interests in determining its eligibility for a New Entrant Bidding Credit. A medium of mass communications is defined in 47 C.F.R. � 73.5008(b). Full service noncommercial educational stations, on both reserved and non-reserved channels, are included among ``media of mass communications'' as defined in Section 73.5008(b). Application Requirements In addition to the ownership information required pursuant to 47 C.F.R. �� 1.2105 and 1.2112, applicants are required to establish on their short-form applications that they satisfy the eligibility requirements to qualify for a New
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  • that do not identify themselves on their FCC Form 175 as ``noncommercial educational'' will be considered as a matter of law to be applicants for commercial broadcast stations. NCE Second Report and Order, 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
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  • applicants, to immediately notify the Commission of any changes that would reduce your NEBC eligibility. Sincerely, Peter H. Doyle Margaret W. Wiener Chief, Audio Division Chief, Auctions and Spectrum Access Division Media Bureau Wireless Telecommunications Bureau 47 C.F.R. � 73.5007. Although you have requested waiver of Section 73.5007, we view your request as one for waiver of 47 C.F.R. � 73.5008(c), which defines an attributable interest in a medium of mass communications. File No. BALH-20051118ADN. File No. BALH-20051118ADJ. In this particular context, Cumulus was in the process of acquiring radio stations owned by and licensed to Susquehanna Radio Corporation. See, e.g., Shareholders of AMFM, Inc., Memorandum Opinion and Order, 15 FCC Rcd 16062, 16072 (2000) (in connection with a merger, stations
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  • minimum of 10 minutes. Auction No. 70 Procedures Public Notice, 21 FCC Rcd at 12990-92 �� 138-143. Attachment A of the Auction No. 70 Procedures Public Notice sets forth the minimum opening bid amounts for each construction permit offered in Auction No. 70. See 47 C.F.R. � 1.65. See 47 C.F.R. � 1.2105(b). Id. See 47 C.F.R. �� 73.5007 and 73.5008. See 47 C.F.R. � 73.202. Auction No. 70 Procedures Public Notice, 21 FCC Rcd at 12964-66 �� 15-25. 47 C.F.R. �� 1.2105(a)(2)(viii), 1.2105(c)(1), and 73.5002(d). See Auction No. 70 Procedures Public Notice, 21 FCC Rcd at 12961-64 �� 6-14, for a discussion of the anti-collusion rules for Auction No. 70. See also Amendment of Part 1 of the Commission's Rules
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  • � 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� � ��(c)���!��''
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  • 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 necessary to prevent interference
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  • � 73.202. See Auction 79 Procedures Public Notice, 24 FCC Rcd at 4457-58 �� 21-28. For more detail, see Auction 79 Procedures Public Notice, 24 FCC Rcd at 4487-88 �� 162-165. 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 � � � � $ F F F kd ��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�
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  • 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. � 1.2110(j). 47 C.F.R. � 1.2112(a). 47 C.F.R. � 73.3555, Note 2(i). See also Auction 79 Procedures Public Notice, 24 FCC Rcd at 4464-65 � 50-52 (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, Report and Order and Third Further Notice of Proposed Rulemaking, FCC 07-217, 23 FCC Rcd 5922 (2008) (``Diversity Order''). 47 C.F.R. � 73.3555, Note 2(i). An ``eligible entity'' shall include any entity that qualifies as a small business under the Small Business Administration's size standards for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2063A1_Rcd.pdf
  • 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. � 1.2110(j). 3247 C.F.R. � 1.2112(a). 3347 C.F.R. � 73.3555, Note 2(i). Seealso Auction 79 Procedures Public Notice, 24 FCC Rcd at 4464-65 � 50-52 (overview of 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, Report and Order and ThirdFurther Notice of Proposed Rulemaking, FCC 07-217, 23 FCC Rcd 5922 (2008) ("Diversity Order"). 3747 C.F.R. � 73.3555, Note 2(i). An "eligible entity" shall include any entity that qualifies as a small business under the Small Business Administration's size standards for its
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  • attributable for purposes of the broadcast multiple ownership rules. 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 bidder's other mass media interests in determining its eligibility for a New Entrant Bidding Credit. A medium of mass communications is defined in 47 C.F.R. � 73.5008(b). Full service noncommercial educational stations, on both reserved and nonreserved channels, are included among ``media of mass communications'' as defined in Section 73.5008(b). Mullaney Engineering, Inc. (``MEI'') requests that we consider increasing the new entrant bidding credits from their current levels of 25 percent (for applicants with attributable interests in three or fewer media of mass communication) and 35 percent
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-810A2_Rcd.pdf
  • are considered attributable for purposes of the broadcast multiple ownership rules.82However, attributable interests held by a winning bidder in existing low power television, television translator or FM translator facilities will not be counted among the bidder'sother mass media interests in determining its eligibility for a New Entrant Bidding Credit.83 A medium of mass communications is defined in 47 C.F.R. � 73.5008(b). Full service noncommercial educational stations, on both reserved and nonreserved channels, are included among "media of mass 77See Review 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). 78See47 C.F.R. � 73.5008(c). 79Promoting Diversification of Ownership in the Broadcasting Services, Report
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  • Notice, 25 FCC Rcd at 2981-83 �� 162-70. See 47 C.F.R. �� 1.2107, 73.5005. See also Implementation of Section 309(j) of the Communications Act -Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, FCC 98-194, 13 FCC Rcd 15920, 15984-85 �� 163-64 (1998). See 47 C.F.R. �� 1.2112(b), 73.5005, 73.5007, 73.5008. See 47 C.F.R. �� 1.2107, 1.2109(a), 73.3571, 73.3573, 73.5003, 73.5005, 73.5006(d). See 47 C.F.R. �� 1.2107, 1.2109(a). PUBLIC NOTICE News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 R S T $ F F � ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1261A1_Rcd.pdf
  • Procedures Public Notice, 25 FCC Rcd at 2981-83 �� 162-70. 38See47 C.F.R. �� 1.2107, 73.5005. See alsoImplementation of Section 309(j) of the Communications Act � Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, FCC 98-194, 13 FCC Rcd 15920, 15984-85 �� 163-64 (1998). 39See47 C.F.R. �� 1.2112(b), 73.5005, 73.5007, 73.5008. 40See47 C.F.R. �� 1.2107, 1.2109(a), 73.3571, 73.3573, 73.5003, 73.5005, 73.5006(d). 41See 47 C.F.R. �� 1.2107, 1.2109(a). 9010 VII. CONTACT INFORMATION 49.For further information concerning Auction 88, please contact: General Auction 88 Information General Auction Questions FCC Auctions Hotline (888) 225-5322, option two; or (717) 338-2868 Auction 88 Process and Procedures Auctions and Spectrum Access Division (202) 418-0660 Jeff Crooks (Analyst)
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  • Instructions for Section II - Legal Information, paragraph J. Item 11: Auction Authorization. 47 C.F.R. � 1.2107(d). 47 C.F.R. � 1.2110(j). 47 C.F.R. � 1.2112(a). 47 C.F.R. � 73.3555, Note 2(i). See also Auction 88 Procedures Public Notice, 25 FCC Rcd at 2960 � 61 (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 Order and Third Further Notice of Proposed Rule Making, FCC 07-217, 23 FCC Rcd 5922 (2008) (``Diversity Order''). 47 C.F.R. � 73.3555, Note 2(i). An ``eligible entity'' shall include any entity that qualifies as a small business under the Small
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1360A1_Rcd.pdf
  • Station, Instructions for Section II �Legal Information, paragraph J. Item 11: Auction Authorization. 3447 C.F.R. � 1.2107(d). 3547 C.F.R. � 1.2110(j). 3647 C.F.R. � 1.2112(a). 3747 C.F.R. � 73.3555, Note 2(i). See also Auction 88 Procedures Public Notice, 25 FCC Rcd at 2960 � 61 (overview of eligible entity standard for purposes of new entrant bidding credit). 3847 C.F.R. � 73.5008(c) (attribution of mass media interests). 39Id. 40Promoting Diversification of Ownership In the Broadcasting Services, MB Docket No. 07-294, Report and Order and ThirdFurther Notice of Proposed Rule Making, FCC 07-217, 23 FCC Rcd 5922 (2008) ("Diversity Order"). 4147 C.F.R. � 73.3555, Note 2(i). An "eligible entity" shall include any entity that qualifies as a small business under the Small Business
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  • are considered attributable for purposes of the broadcast multiple ownership rules. 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 bidder's other mass media interests in determining its eligibility for a New Entrant Bidding Credit. A medium of mass communications is defined in section 73.5008(b). Full service noncommercial educational stations, on both reserved and nonreserved channels, are included among ``media of mass communications'' as defined in section 73.5008(b). 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-10-2008A1_Rcd.pdf
  • ("Liberty Productions"). 80See 47 C.F.R. � 73.3555 Note 2. 81SeeClarification of Commission Policies Regarding Spousal Attribution, Memorandum Opinion and Order, FCC 92-60, 7 FCC Rcd 1920 (1992). 82SeeReview 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). 83See 47 C.F.R. � 73.5008(c). 84 Promoting Diversification of Ownership in the Broadcasting Services, Report and Order and ThirdFurther Notice of Proposed Rulemaking, FCC 07-217, 23 FCC Rcd 5922 (2008) ("Diversity Order"). 85 47 C.F.R. � 73.3555, Note 2(i). An "eligible entity" shall include any entity that qualifies as a small business under the Small Business Administration's size standards for its industry grouping, as set
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  • are considered attributable for purposes of the broadcast multiple ownership rules. 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 bidder's other mass media interests in determining its eligibility for a New Entrant Bidding Credit. A medium of mass communications is defined in section 73.5008(b). Full service noncommercial educational stations, on both reserved and nonreserved channels, are included among ``media of mass communications'' as defined in section 73.5008(b). 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-10-2253A1_Rcd.pdf
  • in media of 77See47 C.F.R. � 1.2105(b). 78 47 C.F.R. � 1.2105(b)(2). 79Broadcast First Report and Order, 13 FCC Rcd at 15994-95 � 189 (adopting new entrant bidding credit to implement statutory provisions regarding opportunities for small, minority-owned and women-owned businesses). 80 "Media of mass communication" include both commercial and noncommercial educational (NCE) full-power broadcast stations. See 47 C.F.R. � 73.5008. 81 If, for example, on January 31, 2011, an FM applicant has a pending or granted application to assign or transfer control of a media interest, the applicant will not avoid attribution with respect to that interest. To avoid attribution, an applicant must have consummated the transaction before the short-form application deadline. Thus, an applicant could not qualify for a
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  • are considered attributable for purposes of the broadcast multiple ownership rules. 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 bidder's other mass media interests in determining its eligibility for a New Entrant Bidding Credit. A medium of mass communications is defined in section 73.5008(b). Full service noncommercial educational stations, on both reserved and nonreserved channels, are included among ``media of mass communications'' as defined in section 73.5008(b). In its comments, JEM Broadcasting Company, Incorporated (JEM) asks that the Bureaus allow a bidding credit for this auction for any applicant with no other broadcast facilities. The Commission's rules already provide that broadcast auction applicants with
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  • the ``equity-debt plus'' (``EDP'') rule for eligible entities in both the sales context and the auction context. See Diversity Order, 23 FCC Rcd at 5931-37 (modification of EDP rule, so to provide higher investment limits in eligible entities without triggering attribution consequences), 5944-45 (transfers of grandfathered radio station combinations involving eligible entities). See also 47 C.F.R. �� 73.3555, Note 2(i), 73.5008(c). Under any scenario, the Court Decision (including its effect on the plans or expectations of any party) does not constitute a tolling event under Section 73.3598(b) of the Commission's Rules. See 47 C.F.R. � 73.3598(b). See 47 C.F.R. �� 1.106, 1.115, 1.117. 47 C.F.R. � 73.3598(e). (...continued from previous page) (continued....) PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W.
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  • Procedures Public Notice, DA 10-2008 at �� 155-163. See 47 C.F.R. �� 1.2107, 73.5005. See also Implementation of Section 309(j) of the Communications Act -Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, FCC 98-194, 13 FCC Rcd 15920, 15984-85 �� 163-64 (1998). See 47 C.F.R. �� 1.2112(b), 73.5005, 73.5007, 73.5008. See 47 C.F.R. �� 1.2107, 1.2109(a), 73.3571, 73.3573, 73.5003, 73.5005, 73.5006(d). See 47 C.F.R. �� 1.2107, 1.2109(a). PUBLIC NOTICE News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 M N O $ F F ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&�
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  • Auction 90 Procedures Public Notice, DA 10-2008 at �� 155-163. 39See47 C.F.R. �� 1.2107, 73.5005. See alsoImplementation of Section 309(j) of the Communications Act � Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, FCC 98-194, 13 FCC Rcd 15920, 15984-85 �� 163-64 (1998). 40See47 C.F.R. �� 1.2112(b), 73.5005, 73.5007, 73.5008. 41See47 C.F.R. �� 1.2107, 1.2109(a), 73.3571, 73.3573, 73.5003, 73.5005, 73.5006(d). 42See 47 C.F.R. �� 1.2107, 1.2109(a). 890 VII. CONTACT INFORMATION 48.For further information concerning Auction 90, please contact: General Auction Information General Auction Questions Auction Process and Procedures FCC Auctions Hotline (888) 225-5322, option two; or (717) 338-2868 Auction 90 Process and Procedures Auctions and Spectrum Access Division (202) 418-0660
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1845A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1845A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1845A1.txt
  • are considered attributable for purposes of the broadcast multiple ownership rules. 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 applicant's other mass media interests in determining its eligibility for a New Entrant Bidding Credit. A medium of mass communications is defined in section 73.5008(b). Full service noncommercial educational stations, on both reserved and non-reserved channels, are included among ``media of mass communications'' as defined in section 73.5008(b). Application Requirements In addition to the ownership information required pursuant to sections 1.2105 and 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1845A1_Rcd.pdf
  • � 144. 78See Broadcast First Report and Order, 13 FCC Rcd at15980 � 169. 79Broadcast First Report and Order, 13 FCC Rcd at 15994-95 � 189 (adopting new entrant bidding credit to implement statutory provisions regarding opportunities for small, minority-owned and women-owned businesses). 80"Media of mass communications" include both commercial and noncommercial educational (NCE) full-power broadcast stations. See47 C.F.R. � 73.5008. 81If, for example, on January 12, 2012, an FM applicant has a pending or granted application to assign or transfer control of a media interest, the applicant will not avoid attribution with respect to that interest. To avoid attribution, an applicant must have consummated the transaction before the short-form application deadline. Thus, an applicant could not qualify for a bidding
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  • 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 Order and Third Further Notice of Proposed Rule Making, FCC 07-217, 23 FCC Rcd 5922 (2008) (``Diversity Order''). 47 C.F.R. � 73.3555, Note 2(i). An ``eligible entity'' shall include any entity that qualifies as a small business under the Small
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-312A1_Rcd.pdf
  • 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 of the applicant, even if such an interest is non-voting.34 26.In the Diversity Order, the Commissionrelaxed the equity/debt plus attribution standard, to allow for higher investment opportunities in an entity meeting the definition of an "eligible entity."35 "Eligible entity" is
• 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
  • Notice, 25 FCC Rcd at 16827-29 �� 167-75. See 47 C.F.R. �� 1.2107, 73.5005(a). See also Implementation of Section 309(j) of the Communications Act -Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, FCC 98-194, 13 FCC Rcd 15920, 15984-85 �� 163-64 (1998). See 47 C.F.R. �� 1.2112(b), 73.5005, 73.5007, 73.5008. See 47 C.F.R. �� 1.2107, 1.2109(a), 73.3571, 73.3573, 73.5003, 73.5005, 73.5006(d). See 47 C.F.R. �� 1.2107, 1.2109(a). PUBLIC NOTICE News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 " � � � $ F F � � ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ�
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-634A1_Rcd.pdf
  • Affairs Bureau at (202) 418-0530 or (202) 418-0432 (TTY). -FCC- 41See47 C.F.R. �� 1.2107, 73.5005(a). See alsoImplementation of Section 309(j) of the Communications Act � Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, FCC 98-194, 13 FCC Rcd 15920, 15984-85 �� 163-64 (1998). 42See47 C.F.R. �� 1.2112(b), 73.5005, 73.5007, 73.5008. 43See47 C.F.R. �� 1.2107, 1.2109(a), 73.3571, 73.3573, 73.5003, 73.5005, 73.5006(d). 44See 47 C.F.R. �� 1.2107, 1.2109(a). 5815
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-891A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-891A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-891A1.txt
  • 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 Order and Third Further Notice of Proposed Rule Making, FCC 07-217, 23 FCC Rcd 5922 (2008) (``Diversity Order''). 47 C.F.R. � 73.3555, Note 2(i). An ``eligible entity'' shall include any entity that qualifies as a small business under the Small
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-891A1_Rcd.pdf
  • 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 and ThirdFurther Notice of Proposed Rule Making, FCC 07-217, 23 FCC Rcd 5922 (2008) ("Diversity Order"). 3747 C.F.R. � 73.3555, Note 2(i). An "eligible entity" shall include any entity that qualifies as a small business under the Small Business Administration's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-374A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-374A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-374A1.txt
  • Public Notice, 26 FCC Rcd at 15522-23 �� 155-61. See 47 C.F.R. �� 1.2107, 73.5005(a). See also Implementation of Section 309(j) of the Communications Act -Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, FCC 98-194, 13 FCC Rcd 15920, 15984-85 �� 163-64 (1998). See 47 C.F.R. �� 73.5005, 73.5007, 73.5008. See 47 C.F.R. �� 1.2107, 1.2109(a), 73.3573, 73.5003, 73.5005, 73.5006(d). See Auction 93 Procedures Public Notice, 26 FCC Rcd at 15522-23 �� 155-61; see also 47 C.F.R. �� 1.2107, 1.2109(a). PUBLIC NOTICE News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 '' � � � $ F F �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-374A1_Rcd.pdf
  • 93 Procedures Public Notice, 26 FCC Rcd at 15522-23 �� 155-61. 38See47 C.F.R. �� 1.2107, 73.5005(a). See alsoImplementation of Section 309(j) of the Communications Act � Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, FCC 98-194, 13 FCC Rcd 15920, 15984-85 �� 163-64 (1998). 39See47 C.F.R. �� 73.5005, 73.5007, 73.5008. 40See47 C.F.R. �� 1.2107, 1.2109(a), 73.3573, 73.5003, 73.5005, 73.5006(d). 41See Auction 93 Procedures Public Notice, 26 FCC Rcd at 15522-23 �� 155-61; see also 47 C.F.R. �� 1.2107, 1.2109(a). 2394 VII. CONTACT INFORMATION 50.For further information concerning Auction 93, please contact: General Auction Information General Auction Questions Auction Process and Procedures FCC Auctions Hotline (888) 225-5322, option two; or (717)
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  • 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 the Application; Equity/Debt Plus Attribution Standard. In the Diversity Order, the Commission
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-600A1_Rcd.pdf
  • (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 new entrant bidding credit, if the equity and debt interests, in the
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  • broadcasters renewing their licenses to certify that their advertising contracts do not discriminate on the basis of race or ethnicity and that such contracts contain nondiscrimination clauses. As such, we will amend Form 303-S to require broadcasters to make such a certification. In addition, Appendix A is revised to correct 47 C.F.R. � 73.3555, Note 2(i) and 47 C.F.R. � 73.5008. 47 CFR Part 73 is amended as follows: 1. Amend � 73.3555, Note 2(i) to read as follows: , Note 2(i) * * * * * (i)(1) Notwithstanding paragraphs (e) and (f) of this Note, the holder of an equity or debt interest or interests in a broadcast licensee, cable television system, daily newspaper, or other media outlet subject to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307406A1.pdf
  • 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 entity claiming the bidding credit. See
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  • it would have a realistic potential to influence Liberty's conduct as a licensee. Orion further contends that the loan agreement, funded by such a large media group owner, undermines the Commission's premise that the auction price would reflect the applicants' similar prosecution expenses and circumvents the closed nature of the auction. It also cites the Commission's recent amendment of Section 73.5008, 47 C.F.R. � 73.5008, to specify that certain debt interests are attributable for purposes of determining eligibility for the new entrant bidding credit. The loan agreement with Cumulus, according to Orion, represents the type of manipulation of the process by a large broadcast group owner that the rules were intended to prevent. It requests, finally, that the Commission order Liberty
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  • it has no more than two unused orbital locations for previously authorized but unlaunched satellites in that band." 47 C.F.R. � 25.140(f). See e.g., Second Round Assignment of Geostationary Satellite Orbit Locations to Fixed Satellite Service Space Stations in the Ka-band, Order, 16 FCC Rcd 14389, 14396 (para. 19) (Int'l Bur., 2001) (Second Round Ka-band Orbital Assignment Order). 47 C.F.R. 73.5008(c); Implementation of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, Memorandum Opinion and Order, MM Docket No. 97-234, 14 FCC Rcd 12541 (1999). See Access Charge Reform, Fifth Report and Order and Further Notice of Proposed Rulemaking, CC Docket No. 96-262, 14 FCC Rcd 14221, 14263-64 (para. 79) (1999) (Incumbent
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  • V.C.2. Section VII.C.10. We adopt limits for non-U.S.-licensed satellite operators seeking access to the U.S. market in Section VIII.F. below. Section VII.C.10. above. Space Station Reform NPRM, 17 FCC Rcd at 3865 (para. 52). Space Station Reform NPRM, 17 FCC Rcd at 3865 (para. 52). Space Station Reform NPRM, 17 FCC Rcd at 3865 (para. 52), citing 47 C.F.R. � 73.5008(c); Implementation of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, Memorandum Opinion and Order, MM Docket No. 97-234, 14 FCC Rcd 12541 (1999) (Broadcast New Entrant Credit Order). Teledesic Comments at 29. Hughes Comments at 29. Boeing Comments at 7. Section VII.E.3. Broadcast New Entrant Credit Order, 14 FCC Rcd
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-102A1_Erratum.doc
  • V.C.2. Section VII.C.10. We adopt limits for non-U.S.-licensed satellite operators seeking access to the U.S. market in Section VIII.F. below. Section VII.C.10. above. Space Station Reform NPRM, 17 FCC Rcd at 3865 (para. 52). Space Station Reform NPRM, 17 FCC Rcd at 3865 (para. 52). Space Station Reform NPRM, 17 FCC Rcd at 3865 (para. 52), citing 47 C.F.R. � 73.5008(c); Implementation of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, Memorandum Opinion and Order, MM Docket No. 97-234, 14 FCC Rcd 12541 (1999) (Broadcast New Entrant Credit Order). Teledesic Comments at 29. Hughes Comments at 29. Boeing Comments at 7. Section VII.E.3. Broadcast New Entrant Credit Order, 14 FCC Rcd
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-282A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-282A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-282A1.txt
  • 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 14, 2003.
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  • 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 if it, and/or any individual or entity with an attributable interest in the winning bidder, have an attributable interest in no more than three mass media facilities. No bidding credit will be given if any of the commonly owned mass media facilities serve the same area as
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-135A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-135A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-135A1.txt
  • 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 read as follows: * * * * * (b) A medium of mass communications means a daily newspaper; a cable television system; or a license or construction permit for a television broadcast station, an AM or FM broadcast station, or a direct broadcast satellite transponder. * * * * * PART 74 ---
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  • credits to applicants for construction permits in the broadcast services. Council Tree ex parte at 14. In determining an applicant's eligibility for a new entrant bidding credit, the Commission attributes the mass media interests of any individual or entity who holds a significant equity interest and/or debt interest in an auction applicant claiming new entrant status. See 47 C.F.R. � 73.5008(c). Council Tree notes that, in the broadcast context, the Commission explained that ``[a]ttributing the interests, whether debt or equity, of substantial investors is justified to insure that only true new entrants qualify for the bidding credit because holders of otherwise nonattributable nonvoting interests may well have `a realistic potential' to influence bidders claiming new entrant status.'' Council Tree ex parte
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  • the corporation or partnership that will hold the construction permit, provided that no other person or entity owns or controls more than 25 percent of the outstanding stock or partnership interests; or (iii) more than 50 percent of the voting power of the corporation that will hold the construction permit if such corporation is a publicly traded company. 4. Section 73.5008 is amended by revising paragraph (c) to read as follows: (c) An attributable interest in a winning bidder or in a medium of mass communications shall be determined in accordance with Section 73.3555 and Note 2. In addition, the attributable mass media interests, if any, held by an individual or entity with an equity and/or debt interest(s) in a winning
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-30A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-30A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-30A1.txt
  • must have de facto, as well as de jure, control of the entity utilizing the bidding credit. 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 if it, and/or any individual or entity with an attributable interest in the winning bidder, have an attributable interest in no more than three mass media facilities. No bidding credit will be given if any of the commonly owned mass media facilities serve the same area as
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-24A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-24A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-24A1.txt
  • the eligibility criteria set forth in Section 73.5007 of the Rules qualify for a bidding credit representing the amount by which a winning bidder's gross bid is discounted. The size of a NEBC 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. In accordance with Section 73.5008(c) of the Rules, when determining an applicant's eligibility for the NEBC, the interests of the applicant, and of any individuals or entities with an attributable interest in the applicant, in other media of mass communications are considered. 58. The Form 175 is the applicant's sole opportunity to claim bidding credit eligibility. Accordingly, an auction applicant's attributable interests, and therefore its
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • years have passed since the assignor received its authorization(s) via the competitive bidding process; or (2) the proposed assignee meets the eligibility criteria for the bidding credit. If such 13 certification cannot be made, then the applicant must answer "No" in Item 12 and tender the applicable reimbursement payment to the United States Government. See 47 C.F.R Sections 1.2111(d), 73.5007, 73.5008. K. Item 13: Anti-Drug Abuse Act Certification. This question requires the assignee to certify that neither it nor any party to the application is subject to denial of federal benefits pursuant to the Anti- Drug Abuse Act of 1988, 21 U.S.C. Section 862. Section 5301 of the Anti-Drug Abuse Act of 1988 provides federal and state court judges the discretion
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • 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 Class A TV station protected contour.
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  • 28, 1999, applicants must therefore comply with the uniform Part 1 ownership disclosure standards. In particular, short-form applicants should pay close attention to the requirements set forth in Sections 1.2105 and 1.2112 of the rules. And, because the Commission adopted the 3 general broadcast attribution rules and specific attribution rules devised for broadcast auctions, set forth in Sections 73.3555 and 73.5008 of the Commission's rules, for the purpose of determining eligibility for the new entrant bidding Reconsideration Order, at �� 71-82; Further Order, FCC 99-201 (rel. Aug. 5, 1999). 4 credit, applicants seeking new entrant bidding credits must also provide the ownership information for itself and its 4 attributable interest-holders, as defined by Section 73.3555 and note 2 of that provision
• http://wireless.fcc.gov/auctions/25/releases/da991663.pdf http://wireless.fcc.gov/auctions/25/releases/da991663.txt http://wireless.fcc.gov/auctions/25/releases/da991663.wp
  • been obtained and Federal Register publication occurred today, August 18, 1999 (64 FR 44856). Therefore, the new equity/debt threshold rule is now in effect. Bidders participating in the September 28, 1999 Closed Broadcast Auction and seeking a New Entrant Bidding Credit are reminded that they will be subject to the equity/debt threshold rule as set forth in 47 C.F.R. � 73.5008(c). See Public Notice, "Closed Broadcast Auction, DA 99-1346, released July 9, 1999. Bidders that have already submitted their short forms (FCC Form 175) and have sought a New Entrant Bidding Credit must make any necessary revisions to their Form 175's prior to 5:30 PM EST on August 20, 1999 (the short form filing deadline) to take into account the new
• http://wireless.fcc.gov/auctions/25/releases/fc980194.pdf http://wireless.fcc.gov/auctions/25/releases/fc980194.txt http://wireless.fcc.gov/auctions/25/releases/fc980194.wp
  • "medium of mass communications" for purposes 230 of the new entrant credit means 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
• http://wireless.fcc.gov/auctions/25/releases/fc990074.pdf http://wireless.fcc.gov/auctions/25/releases/fc990074.txt http://wireless.fcc.gov/auctions/25/releases/fc990074.wp
  • in the case of a nonstock corporation or unincorporated association with members; any member of the governing board (including executive boards, boards of regents, commissions, or similar governmental bodies where each member has one vote), in the case of nonstock corporation or unincorporated association without members; and owners of voting shares, in the case of stock corporations. 47 U.S.C. � 73.5008(c). 35 intended primarily for the transmission of instructional, cultural and other types of educational material to enrolled students at accredited schools. See 47 C.F.R. � 74.931(a)(1). Given the instructional nature of this service and the long-standing reservation of ITFS spectrum for noncommercial educational use, we believe that the purpose of the anti-collusion rule -- to enhance the competitiveness of auctions
• http://wireless.fcc.gov/auctions/25/releases/fc990201.pdf http://wireless.fcc.gov/auctions/25/releases/fc990201.txt http://wireless.fcc.gov/auctions/25/releases/fc990201.wp
  • Register. See 5 U.S.C. � 604(b). Federal Communications Commission FCC 99-201 C-1 APPENDIX C Part 73 of Chapter 1 of Title 47 of the Code of Federal Regulations is amended as follows: PART 73 - RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334, and 336. 2. Section 73.5008 is amended by revising paragraph (c) to read as follows: � 73.5008 Definitions applicable for designated entity provisions. * * * * * (c) An attributable interest in a winning bidder or in a medium of mass communications shall be determined in accordance with � 73.3555 and Note 2. In addition, the attributable mass media interests, if any, held by
• http://wireless.fcc.gov/auctions/28/releases/da992958.doc http://wireless.fcc.gov/auctions/28/releases/da992958.pdf http://wireless.fcc.gov/auctions/28/releases/da992958.txt
  • attributable for purposes of the broadcast multiple ownership rules. 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 interests in determining its eligibility for a New Entrant Bidding Credit. A medium of mass communications is defined in 47 C.F.R � 73.5008 (b). (2) Application Requirements In addition to the ownership information required on Exhibit A, applicants are required to file supporting documentation on Exhibit C to their FCC Form 175 short-form applications to establish that they satisfy the eligibility requirements to qualify for a New Entrant Bidding Credit. In addition, in those cases where a New Entrant Bidding Credit is being
• 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
  • "medium of mass communications" for purposes 230 of the new entrant credit means 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
• 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
  • in the case of a nonstock corporation or unincorporated association with members; any member of the governing board (including executive boards, boards of regents, commissions, or similar governmental bodies where each member has one vote), in the case of nonstock corporation or unincorporated association without members; and owners of voting shares, in the case of stock corporations. 47 U.S.C. � 73.5008(c). 35 intended primarily for the transmission of instructional, cultural and other types of educational material to enrolled students at accredited schools. See 47 C.F.R. � 74.931(a)(1). Given the instructional nature of this service and the long-standing reservation of ITFS spectrum for noncommercial educational use, we believe that the purpose of the anti-collusion rule -- to enhance the competitiveness of auctions
• http://wireless.fcc.gov/auctions/28/releases/fc990201.pdf http://wireless.fcc.gov/auctions/28/releases/fc990201.txt http://wireless.fcc.gov/auctions/28/releases/fc990201.wp
  • Register. See 5 U.S.C. � 604(b). Federal Communications Commission FCC 99-201 C-1 APPENDIX C Part 73 of Chapter 1 of Title 47 of the Code of Federal Regulations is amended as follows: PART 73 - RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334, and 336. 2. Section 73.5008 is amended by revising paragraph (c) to read as follows: � 73.5008 Definitions applicable for designated entity provisions. * * * * * (c) An attributable interest in a winning bidder or in a medium of mass communications shall be determined in accordance with � 73.3555 and Note 2. In addition, the attributable mass media interests, if any, held by
• http://wireless.fcc.gov/auctions/32/releases/d992585b.doc http://wireless.fcc.gov/auctions/32/releases/d992585b.txt
  • C.F.R. � 1.2105(c). Exhibit C -- Status as a New Entrant Bidding Credit Recipient: An applicant claiming that it qualifies for a 35 percent new entrant credit must certify under penalty of perjury that neither it nor any of its attributable interest holders have any attributable interests in any other media of mass communications, as defined in 47 C.F.R. � 73.5008. With respect to those qualifying for a 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
• http://wireless.fcc.gov/auctions/32/releases/d992585c.doc http://wireless.fcc.gov/auctions/32/releases/d992585c.txt
  • attributable for purposes of the broadcast multiple ownership rules. 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 interests in determining its eligibility for a New Entrant Bidding Credit. A medium of mass communications is defined in 47 C.F.R � 73.5008 (b). The bidder's attributable interests shall be determined as of the short form (FCC Form 175) filing deadline. 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 Bidding Credit must have consummated such divestment transactions or have
• 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
  • C.F.R. � 1.2105(c). Exhibit C -- Status as a New Entrant Bidding Credit Recipient: An applicant claiming that it qualifies for a 35 percent new entrant credit must certify under penalty of perjury that neither it nor any of its attributable interest holders have any attributable interests in any other media of mass communications, as defined in 47 C.F.R. � 73.5008. With respect to those qualifying for a 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
• 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
  • in the case of a nonstock corporation or unincorporated association with members; any member of the governing board (including executive boards, boards of regents, commissions, or similar governmental bodies where each member has one vote), in the case of nonstock corporation or unincorporated association without members; and owners of voting shares, in the case of stock corporations. 47 U.S.C. � 73.5008(c). 35 intended primarily for the transmission of instructional, cultural and other types of educational material to enrolled students at accredited schools. See 47 C.F.R. � 74.931(a)(1). Given the instructional nature of this service and the long-standing reservation of ITFS spectrum for noncommercial educational use, we believe that the purpose of the anti-collusion rule -- to enhance the competitiveness of auctions
• http://wireless.fcc.gov/auctions/32/releases/fc990201.pdf http://wireless.fcc.gov/auctions/32/releases/fc990201.txt http://wireless.fcc.gov/auctions/32/releases/fc990201.wp
  • Register. See 5 U.S.C. � 604(b). Federal Communications Commission FCC 99-201 C-1 APPENDIX C Part 73 of Chapter 1 of Title 47 of the Code of Federal Regulations is amended as follows: PART 73 - RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334, and 336. 2. Section 73.5008 is amended by revising paragraph (c) to read as follows: � 73.5008 Definitions applicable for designated entity provisions. * * * * * (c) An attributable interest in a winning bidder or in a medium of mass communications shall be determined in accordance with � 73.3555 and Note 2. In addition, the attributable mass media interests, if any, held by
• http://wireless.fcc.gov/auctions/37/releases/da010119.doc http://wireless.fcc.gov/auctions/37/releases/da010119.txt
  • attributable for purposes of the broadcast multiple ownership rules. 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 interests in determining its eligibility for a New Entrant Bidding Credit. A medium of mass communications is defined in 47 C.F.R � 73.5008 (b). 2. Application Requirements In addition to the ownership information required on Exhibit A, applicants are required to file supporting documentation on Exhibit C to their FCC Form 175 short-form applications to establish that they satisfy the eligibility requirements to qualify for a New Entrant Bidding Credit. In those cases where a New Entrant Bidding Credit is being sought, a
• http://wireless.fcc.gov/auctions/37/releases/da010119e.pdf
  • attributable for purposes of the broadcast multiple ownership rules.34 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 interests in determining its eligibility for a New Entrant Bidding Credit.35 A medium of mass communications is defined in 47 C.F.R � 73.5008 (b). 2. Application Requirements In addition to the ownership information required on Exhibit A, applicants are required to file supporting documentation on Exhibit C to their FCC Form 175 short-form applications to establish that they satisfy the eligibility requirements to qualify for a New Entrant Bidding Credit.36 In those cases where a New Entrant Bidding Credit is being sought, a
• http://wireless.fcc.gov/auctions/37/resources/L_Scanlan.pdf
  • 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 communication 25% -attributable interest in no more
• http://wireless.fcc.gov/auctions/62/Form175.pdf
  • 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 communication 25% -attributable interest in no more
• http://wireless.fcc.gov/auctions/64/resources/Auc_64_04_175%20revA.pdf
  • 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 of mass communication 25% -attributable interest in
• http://wireless.fcc.gov/auctions/70/resources/175Presentation.pdf
  • 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 mass communication 25% -attributable interest in no
• http://wireless.fcc.gov/auctions/79/resources/175Presentation.pdf
  • 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 communication 25% -attributable interest in no more
• 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
  • C.F.R. � 1.2105(c). Exhibit C -- Status as a New Entrant Bidding Credit Recipient: An applicant claiming that it qualifies for a 35 percent new entrant credit must certify under penalty of perjury that neither it nor any of its attributable interest holders have any attributable interests in any other media of mass communications, as defined in 47 C.F.R. � 73.5008. With respect to those qualifying for a 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
• 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
  • C.F.R. � 1.2105(c). Exhibit C -- Status as a New Entrant Bidding Credit Recipient: An applicant claiming that it qualifies for a 35 percent new entrant credit must certify under penalty of perjury that neither it nor any of its attributable interest holders have any attributable interests in any other media of mass communications, as defined in 47 C.F.R. � 73.5008. With respect to those qualifying for a 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
• http://wireless.fcc.gov/auctions/81/resources/Form_175.pdf
  • Credit Sample Attachment Applicant Winning Bidder, Inc. qualifies for a 25% new entrant bidding credit in Auction No. 81. Applicant Winning Bidder, Inc. hereby certifies that neither Winning Bidder, Inc., nor any individual or entity with an attributable interest in Winning Bidder, Inc., has an attributable interest in more than three mass media facilities, as defined in 47 C.F.R. � 73.5008. Lucky Guy, the 100% stockholder of Winning Bidder, Inc. hasan attributable interest in one FM broadcast station: KXXX (FM) at Cedar Rapids, Iowa, Facility Identification No. 000000. Applicant Winning Bidder, Inc. has applied for 10 construction permits in Auction No. 81. Applicant Winning Bidder, Inc. is eligible for the new entrant bidding credit for 9 of these construction permits, but
• http://wireless.fcc.gov/auctions/82/releases/d011300a.pdf
  • 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 the auctionable
• 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
  • C.F.R. � 1.2105(c). Exhibit C -- Status as a New Entrant Bidding Credit Recipient: An applicant claiming that it qualifies for a 35 percent new entrant credit must certify under penalty of perjury that neither it nor any of its attributable interest holders have any attributable interests in any other media of mass communications, as defined in 47 C.F.R. � 73.5008. With respect to those qualifying for a 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
• http://wireless.fcc.gov/auctions/82/releases/da02155.pdf http://wireless.fcc.gov/auctions/82/releases/da02155.txt
  • 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 $345,000.00 345,000
• http://wireless.fcc.gov/auctions/85/175-Presentation.pdf
  • 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 communication 25% -attributable interest in no more
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=25
  • are attributable to the bidder-entity and its attributable interest-holders. (See PN DA99-1346 ([54]pdf) for more information) * 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 47 C.F.R. 73.5008; and, * A 25 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 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
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=27
  • 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 was given to a winning bidder if it, and/or any individual or entity with an attributable interest in the winning bidder had no attributable interest in any other media of mass communications, as defined in 47 C.F.R. 73.5008; and, * A 25 percent bidding credit was given to a winning bidder if it, and/or any individual or entity 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
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=28
  • interests in other media of mass communications that are attributable to the bidder-entity and its attributable interest-holders: * A 35 percent bidding credit is available 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 47 C.F.R. 73.5008 * A 25 percent bidding credit is available to a winning bidder if it, 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
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=32
  • Licenses are issued for an eight-year term. (See 47 C.F.R. 73.1020(a)).. New Entrant Bidding Credit An applicant claiming that it qualifies for a 35 percent new entrant credit must certify under penalty of perjury that neither it nor any of its attributable interest holders have any attributable interests in any other media of mass communications, as defined in 47 C.F.R. 73.5008. With respect to those applicants claiming a 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. section 73.5008. In addition, applicants claiming a 25 percent credit shall identify and describe
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=54
  • No. 54 Procedures Public Notice ([53]DA 03-1547), released May 12, 2003. New Entrant Bidding Credits An applicant claiming that it qualifies for a 35 percent new entrant credit must certify under penalty of perjury that neither it nor any of its attributable interest holders have any attributable interests in any other media of mass communications, as defined in 47 C.F.R. 73.5008. Noncommercial educational broadcast stations are considered when determining eligibility for the new entrant bidding credit. With respect to those qualifying for a 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
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=79
  • other media of mass communications that are attributable to the applicant and its attributable interest holders: * 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 [57]47 C.F.R. 73.5008; * A 25 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 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
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=80
  • required to provide interference protection to qualified Class A television stations. New Entrant Bidding Credits An applicant claiming that it qualifies for a 35 percent new entrant credit must certify under penalty of perjury that neither it nor any of its attributable interest holders have any attributable interests in any other media of mass communications, as defined in 47 C.F.R. 73.5008. With respect to those qualifying for a 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
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=82
  • No. 82 Procedures Public Notice, ([50]DA 01-2882), released December 13, 2001. New Entrant Bidding Credits An applicant claiming that it qualifies for a 35 percent new entrant credit must certify under penalty of perjury that neither it nor any of its attributable interest holders have any attributable interests in any other media of mass communications, as defined in 47 C.F.R. 73.5008. With respect to those qualifying for a 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
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=88
  • other media of mass communications that are attributable to the applicant and its attributable interest holders: * 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 [58]47 C.F.R. 73.5008; * A 25 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 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
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=90
  • other media of mass communications that are attributable to the applicant and its attributable interest holders: * 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 [58]47 C.F.R. 73.5008; * A 25 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 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
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=91
  • other media of mass communications that are attributable to the applicant and its attributable interest holders: * 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 [59]47 C.F.R. 73.5008; * A 25 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 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
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=93
  • other media of mass communications that are attributable to the applicant and its attributable interest holders: * 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 [58]47 C.F.R. 73.5008; * A 25 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 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
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • years have passed since the assignor received its authorization(s) via the competitive bidding process; or (2) the proposed assignee meets the eligibility criteria for the bidding credit. If such 13 certification cannot be made, then the applicant must answer "No" in Item 12 and tender the applicable reimbursement payment to the United States Government. See 47 C.F.R Sections 1.2111(d), 73.5007, 73.5008. K. Item 13: Anti-Drug Abuse Act Certification. This question requires the assignee to certify that neither it nor any party to the application is subject to denial of federal benefits pursuant to the Anti- Drug Abuse Act of 1988, 21 U.S.C. Section 862. Section 5301 of the Anti-Drug Abuse Act of 1988 provides federal and state court judges the discretion
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/LPTV_Notices/da001383.doc
  • C.F.R. � 1.2105(c). Exhibit C -- Status as a New Entrant Bidding Credit Recipient: An applicant claiming that it qualifies for a 35 percent new entrant credit must certify under penalty of perjury that neither it nor any of its attributable interest holders have any attributable interests in any other media of mass communications, as defined in 47 C.F.R. � 73.5008. With respect to those qualifying for a 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
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/d992585b.doc http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/d992585b.txt
  • C.F.R. � 1.2105(c). Exhibit C -- Status as a New Entrant Bidding Credit Recipient: An applicant claiming that it qualifies for a 35 percent new entrant credit must certify under penalty of perjury that neither it nor any of its attributable interest holders have any attributable interests in any other media of mass communications, as defined in 47 C.F.R. � 73.5008. With respect to those qualifying for a 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
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/d992585c.doc http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/d992585c.txt
  • attributable for purposes of the broadcast multiple ownership rules. 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 interests in determining its eligibility for a New Entrant Bidding Credit. A medium of mass communications is defined in 47 C.F.R � 73.5008 (b). The bidder's attributable interests shall be determined as of the short form (FCC Form 175) filing deadline. 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 Bidding Credit must have consummated such divestment transactions or have
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da992824.doc
  • C.F.R. � 1.2105(c). Exhibit C -- Status as a New Entrant Bidding Credit Recipient: An applicant claiming that it qualifies for a 35 percent new entrant credit must certify under penalty of perjury that neither it nor any of its attributable interest holders have any attributable interests in any other media of mass communications, as defined in 47 C.F.R. � 73.5008. With respect to those qualifying for a 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
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992958.doc
  • attributable for purposes of the broadcast multiple ownership rules. 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 interests in determining its eligibility for a New Entrant Bidding Credit. A medium of mass communications is defined in 47 C.F.R � 73.5008 (b). (2) Application Requirements In addition to the ownership information required on Exhibit A, applicants are required to file supporting documentation on Exhibit C to their FCC Form 175 short-form applications to establish that they satisfy the eligibility requirements to qualify for a New Entrant Bidding Credit. In addition, in those cases where a New Entrant Bidding Credit is being
• http://www.fcc.gov/Forms/Form175/175.pdf
  • 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 the auctionable
• http://www.fcc.gov/Forms/Form314/314.pdf
  • five years have passed since the assignor received its authorization(s) via the competitive bidding process; or (2) the proposed assignee meets the eligibility criteria for the bidding credit. If such certification cannot be made, then the assignee must answer "No" in Item 12 and tender the applicable reimbursement payment to the United States Government. See 47 C.F.R Sections 1.2111(d), 73.5007, 73.5008. K. Item 13: Anti-Drug Abuse Act Certification. This question requires the assignee to certify that neither it nor any party to the application is subject to denial of federal benefits pursuant to the Anti-Drug Abuse Act of 1988, 21 U.S.C. Section 862. Section 5301 of the Anti-Drug Abuse Act of 1988 provides federal and state court judges the discretion to
• http://www.fcc.gov/Forms/Form315/315.pdf
  • five years have passed since the transferor received its authorization(s) via the competitive bidding process; or (2) the proposed transferee meets the eligibility criteria for the bidding credit. If such certification cannot be made, then the transferee must answer "No" in Item 14 and tender the applicable reimbursement payment to the United States Government. See 47 C.F.R Sections 1.2111(d), 73.5007, 73.5008. L. Item 15: Anti-Drug Abuse Act Certification. This question requires the transferee to certify that neither it nor any party to the application is subject to denial of federal benefits pursuant to the Anti-Drug Abuse Act of 1988, 21 U.S.C. Section 862. Section 5301 of the Anti-Drug Abuse Act of 1988 provides federal and state court judges the discretion to
• http://www.fcc.gov/Forms/Form316/316.pdf
  • than five years have passed since the assignor/transferor received its authorization(s) via the competitive bidding process; or (2) the proposed assignee/transferee meets the eligibility criteria for the bidding credit. If such certification cannot be made, then the assignee/transferee must answer "No" in Item 11 and tender the applicable reimbursement payment to the United States Government. See 47 C.F.R. Sections 73.5007, 73.5008. See also 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 of pro forma assignment and transfer of control applications. J. Item 12: Anti-Drug
• http://www.fcc.gov/Forms/Form345/345.pdf
  • (1) more than five years have passed since the assignor received its authorization(s) via the competitive bidding process; or (2) the proposed assignee meets the eligibility criteria for the bidding credit. If such certification cannot be made, then the applicant must answer "No" and tender the applicable reimbursement payment to the United States Government. See 47 C.F.R Sections 1.2111(d), 73.5007, 73.5008. M. Item 14: Anti-Drug Abuse Act Certification. This question requires the assignee/transferee to certify that neither it nor any party to the application is subject to denial of federal benefits pursuant to the Anti-Drug Abuse Act of 1988, 21 U.S.C. Section 862. Section 5301 of the Anti-Drug Abuse Act of 1988 provides federal and state court judges the discretion to
• http://www.fcc.gov/fcc-bin/audio/DA-07-608A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-608A1.pdf
  • applicants, to immediately notify the Commission of any changes that would reduce your NEBC eligibility. Sincerely, Peter H. Doyle Margaret W. Wiener Chief, Audio Division Chief, Auctions and Spectrum Access Division Media Bureau Wireless Telecommunications Bureau 47 C.F.R. � 73.5007. Although you have requested waiver of Section 73.5007, we view your request as one for waiver of 47 C.F.R. � 73.5008(c), which defines an attributable interest in a medium of mass communications. File No. BALH-20051118ADN. File No. BALH-20051118ADJ. In this particular context, Cumulus was in the process of acquiring radio stations owned by and licensed to Susquehanna Radio Corporation. See, e.g., Shareholders of AMFM, Inc., Memorandum Opinion and Order, 15 FCC Rcd 16062, 16072 (2000) (in connection with a merger, stations
• http://www.fcc.gov/fcc-bin/audio/DA-11-1845A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1845A1.pdf
  • are considered attributable for purposes of the broadcast multiple ownership rules. 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 applicant's other mass media interests in determining its eligibility for a New Entrant Bidding Credit. A medium of mass communications is defined in section 73.5008(b). Full service noncommercial educational stations, on both reserved and non-reserved channels, are included among ``media of mass communications'' as defined in section 73.5008(b). Application Requirements In addition to the ownership information required pursuant to sections 1.2105 and 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
• http://www.fcc.gov/fcc-bin/audio/DA-12-374A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-374A1.pdf
  • Public Notice, 26 FCC Rcd at 15522-23 �� 155-61. See 47 C.F.R. �� 1.2107, 73.5005(a). See also Implementation of Section 309(j) of the Communications Act -Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, FCC 98-194, 13 FCC Rcd 15920, 15984-85 �� 163-64 (1998). See 47 C.F.R. �� 73.5005, 73.5007, 73.5008. See 47 C.F.R. �� 1.2107, 1.2109(a), 73.3573, 73.5003, 73.5005, 73.5006(d). See Auction 93 Procedures Public Notice, 26 FCC Rcd at 15522-23 �� 155-61; see also 47 C.F.R. �� 1.2107, 1.2109(a). PUBLIC NOTICE News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 '' � � � $ F F �
• http://www.fcc.gov/fcc-bin/audio/FCC-03-5A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-5A1.pdf
  • 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 if it, and/or any individual or entity with an attributable interest in the winning bidder, have an attributable interest in no more than three mass media facilities. No bidding credit will be given if any of the commonly owned mass media facilities serve the same area as
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • 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 Class A TV station protected contour.
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • 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 Class A TV station protected contour.
• http://www.fcc.gov/ogc/documents/opinions/2005/03-1439-061405.pdf
  • 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 given to a winning bidder if it . . . [has] an attributable interest in no more than three mass media facilities. No bidding credit will be given if any of the commonly owned mass media facilities serve the same area as the proposed . . . broadcast station . . .