Goto Section: 73.5001 | 73.5003 | Table of Contents
FCC 73.5002
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 73.5002 Application and certification procedures; return of mutually
exclusive applications not subject to competitive bidding procedures;
prohibition of collusion.
(a) Prior to any broadcast service auction, the Commission will issue a
public notice announcing the upcoming auction and specifying the period
during which all applicants seeking to participate in an auction, and all
applicants for noncommercial educational broadcast stations, as described in
47 U.S.C. 397(6), on non-reserved channels, must file their applications for
new broadcast facilities or for major changes to existing facilities.
Broadcast service applications for new facilities or for major modifications
will be accepted only during these specified periods. This initial and other
public notices will contain information about the completion and submission
of applications to participate in the broadcast auction, and applications
for noncommercial educational broadcast stations, as described in 47 U.S.C.
397(6), on non-reserved channels, as well as any materials that must
accompany the applications, and any filing fee that must accompany the
applications or any upfront payments that will need to be submitted. Such
public notices will also, in the event mutually exclusive applications are
filed for broadcast construction permits that must be resolved through
competitive bidding, contain information about the method of competitive
bidding to be used and more detailed instructions on submitting bids and
otherwise participating in the auction. In the event applications are
submitted that are not mutually exclusive with any other application in the
same service, or in the event that any applications that are submitted that
had been mutually exclusive with other applications in the same service are
resolved as a result of the dismissal or modification of any applications,
the non-mutually exclusive applications will be identified by public notice
and will not be subject to auction.
(b) To participate in broadcast service auctions, or to apply for a
noncommercial educational station, as described in 47 U.S.C. 397(6), on a
non-reserved channel, all applicants must timely submit short-form
applications (FCC Form 175), along with all required certifications,
information and exhibits, pursuant to the provisions of § 1.2105(a) of this
chapter and any Commission public notices. So determinations of mutual
exclusivity for auction purposes can be made, applicants for non-table
broadcast services must also submit the engineering data contained in the
appropriate FCC form (FCC Form 301, FCC Form 346, or FCC Form 349).
Beginning January 1, 1999, all short-form applications must be filed
electronically. If any application for a noncommercial educational broadcast
station, as described in 47 U.S.C. 397(6), is mutually exclusive with
applications for commercial broadcast stations, and the applicants that have
the opportunity to resolve the mutually exclusivity pursuant to paragraphs
(c) and (d) of this section fail to do so, the application for noncommercial
educational broadcast station, as described in 47 U.S.C. 397(6), will be
returned as unacceptable for filing, and the remaining applications for
commercial broadcast stations will be processed in accordance with
competitive bidding procedures.
(c) Applicants in all broadcast service auctions, and applicants for
noncommercial educational stations, as described in 47 U.S.C. 397(6), on
non-reserved channels will be subject to the provisions of § 1.2105(b) of
this chapter regarding the modification and dismissal of their short-form
applications. Notwithstanding the general applicability of § 1.2105(b) of
this chapter to broadcast auctions, and applicants for noncommercial
educational stations, as described in 47 U.S.C. 397(6), on non-reserved
channels, the following applicants will be permitted to resolve their mutual
exclusivities by making amendments to their engineering submissions
following the filing of their short-form applications:
(1) Applicants for all broadcast services who file major modification
applications that are mutually exclusive with each other;
(2) Applicants for all broadcast services who file major modification and
new station applications that are mutually exclusive with each other; or
(3) Applicants for the secondary broadcast services who file applications
for new stations that are mutually exclusive with each other.
(d) The prohibition of collusion set forth in § 1.2105(c) of this chapter,
which becomes effective upon the filing of short-form applications, shall
apply to all broadcast service auctions. Notwithstanding the general
applicability of § 1.2105(c) of this chapter to broadcast auctions, the
following applicants will be permitted to resolve their mutual exclusivities
by means of engineering solutions or settlements during a limited period
after the filing of short-form applications, as further specified by
Commission public notices:
(1) Applicants for all broadcast services who file major modification
applications that are mutually exclusive with each other;
(2) Applicants for all broadcast services who file major modification and
new station applications that are mutually exclusive with each other; or
(3) Applicants for the secondary broadcast services who file applications
for new stations that are mutually exclusive with each other.
(e) Applicants seeking to resolve their mutual exclusivities by means of
engineering solution or settlement during a limited period as specified by
public notice, pursuant to paragraph (d) of this section, may submit a
non-universal engineering solution or settlement proposal, so long as such
engineering solution or settlement proposal results in the grant of at least
one application from the mutually exclusive group. A technical amendment
submitted under this subsection must resolve all of the applicant's mutual
exclusivities with respect to the other applications in the specified
mutually exclusive application group.
[ 69 FR 72043 , Dec. 10, 2004, as amended at 75 FR 9806 , Mar. 4, 2010]
return arrow Back to Top
Goto Section: 73.5001 | 73.5003
Goto Year: 2014 |
2016
CiteFind - See documents on FCC website that
cite this rule
Want to support this service?
Thanks!
Report errors in
this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please
help us improve these rules by clicking the Report FCC Rule Errors link to report an error.
hallikainen.com
Helping make public information public