Goto Section: 1.2203 | 1.2205 | Table of Contents
FCC 1.2204
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 1.2204 Applications to participate in competitive bidding.
(a) Public notice of the application process. All applications to
participate must be filed electronically. The dates and procedures for
submitting applications to participate in the reverse auction shall be
announced by public notice.
(b) Applicant. The applicant identified on the application to participate
must be the broadcast television licensee that would relinquish spectrum
usage rights if it becomes a winning bidder. In the case of a channel
sharing bid, the applicant will be the proposed channel sharee.
(c) Information and certifications provided in the application to
participate. An applicant may be required to provide the following
information in its application to participate in the reverse auction:
(1) The following identifying information:
(i) If the applicant is an individual, the applicant's name and address. If
the applicant is a corporation, the name and address of the corporate office
and the name and title of an officer or director. If the applicant is a
partnership, the name, citizenship, and address of all general partners,
and, if a general partner is not a natural person, then the name and title
of a responsible person for that partner, as well. If the applicant is a
trust, the name and address of the trustee. If the applicant is none of the
above, it must identify and describe itself and its principals or other
responsible persons;
(ii) Applicant ownership and other information as set forth in § 1.2112(a);
and
(iii) List, in the case of a non-profit entity, the name, address, and
citizenship of each member of the governing board and of any educational
institution or governmental entity with a controlling interest in the
applicant, if applicable.
(2) The identity of the person(s) authorized to take binding action in the
bidding on behalf of the applicant.
(3) For each broadcast television license for which the applicant intends to
submit reverse auction bids:
(i) The identity of the station and its television channel;
(ii) Whether it is a full-power or Class A television station;
(iii) If the license is for a Class A television station, certification
under penalty of perjury that it is and will remain in compliance with the
ongoing statutory eligibility requirements to remain a Class A station;
(iv) Whether it is an NCE station and, if so, whether it operates on a
reserved or non-reserved channel;
(v) The types of reverse auction bids that the applicant may submit;
(vi) Whether the license for the station is subject to a non-final
revocation order, has expired and is subject to a non-final cancellation
order, or if for a Class A station is subject to a non-final downgrade order
and, if the license is subject to such a proceeding or order, then an
acknowledgement that the Commission will place all of its auction proceeds
into escrow pending the final outcome of the proceeding or order; and
(vii) Any additional information required to assess the spectrum usage
rights offered.
(4) For each broadcast television license for which the applicant intends to
submit a license relinquishment bid:
(i) Whether it will control another broadcast station if it becomes a
winning bidder and terminates operations; and
(ii) If it will control another broadcast station, an acknowledgement that
it will remain subject to any pending license renewal, as well as any
enforcement action, against the station offered; or
(iii) If it will not control another broadcast station, an acknowledgement
that the Commission will place a share of its auction proceeds into escrow
to cover any potential forfeiture costs associated with any pending license
renewal or any pending enforcement action against the station offered.
(5) For each broadcast television license for which the applicant intends to
submit a channel sharing bid:
(i) The identity of the channel sharer and the television channel the
applicant has agreed to share;
(ii) Any required information regarding the channel sharing agreement,
including a copy of the executed channel sharing agreement;
(iii) Certification under penalty of perjury that the channel sharing
agreement is consistent with all Commission rules and policies, and that the
applicant accepts any risk that the implementation of the channel sharing
agreement may not be feasible for any reason, including any conflict with
requirements for operation on the shared channel;
(iv) Certification under penalty of perjury that its operation from the
shared channel facilities will not result in a change to its Designated
Market Area;
(v) Certification under penalty of perjury that it can meet the community of
license coverage requirement set forth in § 73.625(a) of this chapter from
the shared channel facilities or, if not, that the new community of license
for its shared channel facilities either meets the same or a higher
allotment priority as its current community; or, if no community meets the
same or higher allotment priority, provides the next highest priority;
(vi) Certification under penalty of perjury that the proposed channel
sharing arrangement will not violate the multiple ownership rules, set forth
in § 73.3555 of this chapter, based on facts at the time the application is
submitted; and
(vii) Certification by the channel sharer under penalty of perjury with
respect to the certifications described in paragraphs (c)(3)(iii),
(c)(5)(iii), and (c)(5)(vi) of this section.
(6) Certification under penalty of perjury that the applicant and all of the
person(s) disclosed under paragraph (c)(1) of this section are not person(s)
who have been, for reasons of national security, barred by any agency of the
Federal Government from bidding on a contract, participating in an auction,
or receiving a grant. For the purposes of this certification, the term
“person” means an individual, partnership, association, joint-stock company,
trust, or corporation, and the term “reasons of national security” means
matters relating to the national defense and foreign relations of the United
States.
(7) Certification that the applicant agrees that it has sole responsibility
for investigating and evaluating all technical and marketplace factors that
may have a bearing on the bids it submits in the reverse auction.
(8) Certification that the applicant agrees that the bids it submits in the
reverse auction are irrevocable, binding offers by the applicant.
(9) Certification that the individual submitting the application to
participate and providing the certifications is authorized to do so on
behalf of the applicant, and if such individual is not an officer, director,
board member, or controlling interest holder of the applicant, evidence that
such individual has the authority to bind the applicant.
(10) Certification that the applicant is in compliance with all statutory
and regulatory requirements for participation in the reverse auction,
including any requirements with respect to the license(s) identified in the
application to participate.
(11) Such additional information as may be required.
(d) Application processing. (1) Any timely submitted application to
participate will be reviewed for completeness and compliance with the
Commission's rules. No untimely applications to participate shall be
reviewed or considered.
(2) Any application to participate that does not contain all of the
certifications required pursuant to this section is unacceptable for filing,
cannot be corrected subsequent to the application filing deadline, and will
be dismissed with prejudice.
(3) Applicants will be provided a limited opportunity to cure specified
defects and to resubmit a corrected application to participate. During the
resubmission period for curing defects, an application to participate may be
amended or modified to cure identified defects or to make minor amendments
or modifications. After the resubmission period has ended, an application to
participate may be amended or modified to make minor changes or correct
minor errors in the application to participate. Minor amendments may be
subject to a deadline specified by public notice. Major amendments cannot be
made to an application to participate after the initial filing deadline.
Major amendments include, but are not limited to, changes in ownership of
the applicant that would constitute an assignment or transfer of control,
changes to any of the required certifications, and the addition or removal
of licenses identified on the application to participate for which the
applicant intends to submit reverse auction bids. Minor amendments include
any changes that are not major, such as correcting typographical errors and
supplying or correcting information as requested to support the
certifications made in the application.
(4) Applicants that fail to correct defects in their applications to
participate in a timely manner as specified by public notice will have their
applications to participate dismissed with no opportunity for resubmission.
(5) Applicants shall have a continuing obligation to make any amendments or
modifications that are necessary to maintain the accuracy and completeness
of information furnished in pending applications to participate. Such
amendments or modifications shall be made as promptly as possible, and in no
case more than five business days after applicants become aware of the need
to make any amendment or modification, or five business days after the
reportable event occurs, whichever is later. An applicant's obligation to
make such amendments or modifications to a pending application to
participate continues until they are made.
(e) Notice to qualified and non-qualified applicants. Each applicant will be
notified as to whether it is qualified or not qualified to participate in
the reverse auction.
Effective Date Note: At 79 FR 48530 , Aug. 15, 2014, § 1.2204 was added.
Paragraphs (a), (c), (d)(3) and (d)(5) contain information collection and
recordkeeping requirements and will not become effective until approval has
been given by the Office of Management and Budget.
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Goto Section: 1.2203 | 1.2205
Goto Year: 2014 |
2016
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