FCC Web Documents citing 73.5005

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

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  • MX Groups SST1 and SST2 from Auction No. 28 does not effect the acceptance of Trinity Broadcasting Network's short-form (Form 175) application in SST10. See ``Supplemental Closed Broadcast Auction Public Notice,'' DA 99-2958 (rel. December 23, 1999). See ``Wireless Telecommunications Bureau clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). Section 73.5005(a) of the Commission's rules requires that post-auction filings include the exhibits required by 47 C.F.R. Section 1.2107(d) (concerning any bidding consortia, joint bidding arrangements or other agreements relating to the competitive bidding process); Section 1.2110(i) (concerning designated entity status, if applicable); and Section 1.2112(a) & (b) (concerning disclosure of ownership and real party in interest information.) See 47 C.F.R. ��
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  • 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). Applicants that entered into joint bidding arrangements are reminded that a full, post-auction disclosure is required of the terms, conditions and parties involved in any bidding consortia, joint venture, partnership or other agreement or arrangement it entered into prior to the completion of bidding. Additional Post-Auction Filing Requirements. Section 73.5005(a) of the Commission's rules requires that post auction filings include the exhibits mandated by 47 C.F.R. � 1.2107(d) (concerning the terms, conditions and parties involved in any bidding consortia, joint venture, partnership or other agreement or arrangement the applicant had entered into relating to the competitive bidding process); 47 C.F.R. � 1.2110 (i) (concerning a description of how the applicant
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  • days following the release of the FM auction closing public notice, winning bidders must submit a properly completed Form 301, Application for FM Construction Permit, and required exhibits, for each construction permit won through Auction No. 37. Winning bidders claiming new entrant status must include an exhibit demonstrating their eligibility for the bidding credit. See 47 C.F.R. �� 1.2112(b) and 73.5005. Further filing instructions will be provided to auction winners at the close of the auction. Auction Discount Voucher On June 8, 2000, the Commission awarded Qualcomm, Inc. a transferable Auction Discount Voucher in the amount of $125,273,878.00. This Auction Discount Voucher may be used by Qualcomm or its transferee, in whole or in part, to adjust a winning bid in
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  • Tech Box portion of Section III of FCC Form 301-CA. See Limited Low Power Television/Television Translator/Class A Television Auction Filing Window Partially Extended to August 31, 2000, Public Notice, DA 00-1648, July 25, 2000. Other non-mutually exclusive proposals from this window were identified on Public Notice, DA 01-383, released February 13, 2001. See 47 U.S.C. � 309(j); 47 C.F.R. � 73.5005(d); First Report and Order, Implementation of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, 13 FCC Rcd 15920, 15944 (1998) (``Broadcast Auction First Report and Order''). See 47 U.S.C. � 8; 47 C.F.R. �� 0.401(b), 1.1104, 1.1109, 1.1110, 73.5005(d), 73.3512. See 47 C.F.R. � 1.1104 and the Mass Media Bureau
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  • for short-form applications for Auction No. 82 and will accept manually-filed short-form applications. For more information regarding the manual filing of short-form applications, see Attachments A and B. Pursuant to the Commission's broadcast competitive bidding rules, only the winning bidder will be required to submit a long form (FCC Form 301) following the close of the auction. See 47 C.F.R. 73.5005. If the winning bidder is the applicant listed above, then the winning bidder will only be required to file amendments necessary to make their pending application accurate and complete. For additional information, contact Shaun Maher at the Video Services Division, Mass Media Bureau at (202) 418-1600. List of Attachments: Attachment A: Pre-Auction Procedures Attachment B: Guidelines for Completion of FCC
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  • regarding the manual filing of Form 175 applications and Form 301 Section I and the Tech Box of Section III-A submissions, see Attachments A and B. Pursuant to the Commission's broadcast competitive bidding rules, only a winning bidder will be required to submit a complete long-form application, FCC Form 301, following the close of the auction. See 47 C.F.R. � 73.5005. FM applicants. FM Auction No. 37 is scheduled to begin on December 5, 2001. The Bureaus have sought comment and established competitive bidding procedures for Auction No. 37. The Bureaus will open a window for the filing of FCC Form 175 applications for Auction No. 37 on September 24, 2001, and all such applications must be filed by October 5,
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  • III of FCC Form 346. Class A television filers were required also to submit Section I and the Tech Box portion of Section III of FCC Form 301-CA. See Limited Low Power Television/Television Translator/Class A Television Auction Filing Window Partially Extended to August 31, 2000, Public Notice, DA 00-1648, July 25, 2000. See 47 U.S.C. � 309(j); 47 C.F.R. � 73.5005(d); First Report and Order, Implementation of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, 13 FCC Rcd 15920, 15944 (1998) (``Broadcast Auction First Report and Order''). See 47 U.S.C. � 8; 47 C.F.R. �� 0.401(b), 1.1104, 1.1109, 1.1110, 73.5005(d), 73.3512. See 47 C.F.R. � 1.1104 and the Mass Media Bureau
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  • Bidders must have sufficient eligibility to place a bid on the particular construction permit. See Section III.C.3 ``Amount of Upfront Payment,'' supra. Bidders must have sufficient eligibility to place a bid on the particular construction permit. See Section III.C.3 ``Amount of Upfront Payment,'' supra. Auction No. 32 Comment Public Notice at 6. 47 C.F.R. �� 1.2107(b), 73.5003. 47 C.F.R. � 73.5005. 47 C.F.R. �� 1.2112(b), 73.5005, 73.5007. 47 C.F.R. � 1.2109(b) and (c). 47 C.F.R. � 1.2109(d). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 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 News Media Information
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  • � 1.65. The Commission recently amended Section 1.2105 to require auction applicants to report prohibited communications in writing to the Commission immediately, but in no case later than five business days after the communication occurs. Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, 16 FCC Rcd 17546, 17555, � 17 (2001). Section 73.5005(a) of the Commission's rules requires that post-auction filings include the exhibits required by 47 C.F.R. Section 1.2107(d) (concerning any bidding consortia, joint bidding arrangements or other agreements relating to the competitive bidding process); Section 1.2110(i) (concerning designated entity status, if applicable); and Section 1.2112(a) and (b) (concerning disclosure of ownership and real party in interest information.) 47 C.F.R. �� 1.2105(c),
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  • to report prohibited communications in writing to the Commission immediately, but in no case later than five business days after the communication occurs. Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, 16 FCC Rcd 17546, 17555, � 17 (2001). 47 C.F.R. �� 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. �1.2109(d). 47 C.F.R. � 73.5005. 47 C.F.R. �� 1.2112(b), 73.5005, 73.5007. 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 ... � � � CJ +D�� +D`� �����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
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  • its Taxpayer Identification Number, the bidder should use the corrected number. 47 C.F.R. �� 1.2104(g), 1.2109(c), 73.5004(a). See 47 C.F.R. � 1.2104(g)(1). 47 C.F.R. � 1.2104(g). 47 C.F.R. � 1.2109(b). 47 C.F.R. �� 1.2109(a), 73.5003. 47 C.F.R. � 1.2109(a). 47 C.F.R. �� 1.2109(a), 73.5003. 47 C.F.R. �� 1.2104(g)(2), 1.2109(c). 47 C.F.R. � 1.2109(c). 47 C.F.R. � 1.2109(d). 47 C.F.R. � 73.5005(a). See ``Mass Media Bureau Implements Mandatory Electronic Filing of FCC Forms 301, 314, and 315,'' Public Notice, 16 FCC Rcd 3989 (MMB 2001). See 47 C.F.R. �� 73.3571(a)(1), 73.3571(h)(4)(iii), 73.3522(a)(3). 47 C.F.R. � 1.2107(c). Pub. L. 105-33, 111 Stat. 251 (1997). 47 C.F.R. �1.2108(c). Id. See Commission Taking Tough Measures Against Frivolous Pleadings, Public Notice, 11 FCC Rcd 3030 (1996).
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  • System (CDBS).7 Paper versions of the FCC Form 301 (March 2001 version) will not be accepted for filing unless accompanied by an appropriate request for waiver of the electronic filing requirement. Users can access the electronic filing system via the Internet from the Mass Media Bureau's Web Site at: http: //www.fcc.gov/mmb 5 47 C.F.R. � 1.2104(g)(2). 6 47 C.F.R. � 73.5005(a). 7 See "Mass Media Bureau Implements Mandatory Electronic Filing of FCC Forms 301, 314, and 315," Public Notice, 16 FCC Rcd 3989 (MMB 2001). 5 Instructions for use of the electronic filing system are available in the CDBS User's Guide which can be acessed from the electronic filing web site. For technical assistance with electronic filing, call the Mass Media
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  • � 1.65. The Commission recently amended Section 1.2105 to require auction applicants to report prohibited communications in writing to the Commission immediately, but in no case later than five business days after the communication occurs. Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, FCC 00-1270, at 10 (rel. Sept. 27, 2001). Section 73.5005(a) of the Commission's rules requires that post-auction filings include the exhibits required by 47 C.F.R. Section 1.2107(d) (concerning any bidding consortia, joint bidding arrangements or other agreements relating to the competitive bidding process); Section 1.2110(i) (concerning designated entity status, if applicable); and Section 1.2112(a) and (b) (concerning disclosure of ownership and real party in interest information.) See 47 C.F.R. ��
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  • 73.3564 Acceptance of applications. (a)(1) Applications tendered for filing are dated upon receipt and then forwarded to the Media Bureau, where an administrative examination is made to ascertain whether the applications are complete. Except for applications for minor modifications of facilities in the non-reserved FM band, as defined in � 73.3573(a)(2), long form applications subject to the provisions of � 73.5005 found to be complete or substantially complete are accepted for filing and are given file numbers. In the case of minor defects as to completeness, a deficiency letter will be issued and the applicant will be required to supply the missing or corrective information. Applications that are not substantially complete will not be considered and will be returned to the
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  • of the Part 1 general competitive bidding rules that have been removed or modified. Accordingly, we modify the following rules to eliminate or correct references to rules that have been removed or modified: 1.2107(e); 1.2110(f)(3)(ii)(B), (f)(3)(iii)-(iv), (vii); 21.956(b)(3); 21.960(b)(4); 22.223(b)(3); 24.321(c)(1); 24.709; 24.711(b)-(b)(2); 24.712(a)-(b); 24.714(d)(1), (d)(2)(i), (iii), (d)(3)(i), (ii); 24.716(b)-(b)(2); 24.717(a)-(b); 24.720(b)(5), (c)(2), (j)(2), (k)(4), (n)(3)-(4); 26.210(a); 27.15(d)-(e); 73.3571(h)(4)(i); 73.3573(f)(5)(ii); 73.5005(a); 73.5006(d); 80.1252(d); 90.705; 90.813(d)(2)(ii)-(iv), (3)(ii), (e), (f); 90.814(a)(3); 90.910(a); 90.1017(a); 90.1025(b); 90.1103(d); 95.816(e); 95.823(c)(2), (c)(2)(iii), (c)(3); 101.538(c); and 101.1319(b). Finally, we correct errors in the following rules pursuant to the Bureau's delegated authority under section 0.331(d) to make ministerial conforming edits: 22.227; 24.711(b)(3)-(5); 73.5009; 90.809(b); 90.813(a); 90.909(c); 90.913(a); 95.816(f); and 101.538(a)(7). Ordering clause IT IS ORDERED that Parts 1, 21,
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  • of the Part 1 general competitive bidding rules that have been removed or modified. Accordingly, we modify the following rules to eliminate or correct references to rules that have been removed or modified: 1.2107(e); 1.2110(f)(3)(ii)(B), (f)(3)(iii)-(iv), (vii); 21.956(b)(3); 21.960(b)(4); 22.223(b)(3); 24.321(c)(1); 24.709; 24.711(b)-(b)(2); 24.712(a)-(b); 24.714(d)(1), (d)(2)(i), (iii), (d)(3)(i), (ii); 24.716(b)-(b)(2); 24.717(a)-(b); 24.720(b)(5), (c)(2), (j)(2), (k)(4), (n)(3)-(4); 26.210(a); 27.15(d)-(e); 73.3571(h)(4)(i); 73.3573(f)(5)(ii); 73.5005(a); 73.5006(d); 80.1252(d); 90.705; 90.813(d)(2)(ii)-(iv), (3)(ii), (e), (f); 90.814(a)(3); 90.910(a); 90.1017(a); 90.1025(b); 90.1103(d); 95.816(e); 95.823(c)(2), (c)(2)(iii), (c)(3); 101.538(c); and 101.1319(b). Finally, we correct errors in the following rules pursuant to the Bureau's delegated authority under section 0.331(d) to make ministerial conforming edits: 22.227; 24.711(b)(3)-(5); 73.5009; 90.809(b); 90.813(a); 90.909(c); 90.913(a); 95.816(f); and 101.538(a)(7). Ordering clause IT IS ORDERED that Parts 1, 21,
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  • Certification of FCC Form 349, Application for Authority to Construct or Make Changes in an FM Translator or FM Booster Station. These sections permitted the staff to determine mutual exclusivities among applicants. FM Translator Auction Filing Window and Application Freeze Extended to March 17, 2003, Public Notice, 18 FCC Rcd 3275 (2003). See 47 U.S.C. � 309(j); 47 C.F.R. � 73.5005(d); First Report and Order, Implementation of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, 13 FCC Rcd 15920 (1998) (``Broadcast Auction First Report and Order''). See 47 U.S.C. � 8; 47 C.F.R. �� 0.401(b), 1.1104, 1.1109, 1.1110, 73.5005(d), 73.3512, 74.1233(d). Generally, applicants whose short form applications are determined to be
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  • 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, � 17 (2001). See 47 C.F.R. �� 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. �1.2109 (d). 47 C.F.R. � 73.5005. 47 C.F.R. �� 1.2112(b), 73.5005, 73.5007. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 Z [ � � ' [ g F F F F h[f h[f h[f h[f h[f ���������������tm�tm�vkv�Z�Z�TMT h[f h[f h[f h[f h[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�<==
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  • amendment to Shaun Maher, Video Division, Room 2-A820, 445 12th Street SW, Washington, DC 20554. The Commission's contractor, Vistronix, Inc., will receive hand-delivered and messenger-delivered paper filings for the Office of the Secretary at 236 Massachusetts Avenue, N.E., Suite 110, Washington, DC 20002. The filing hours at this location are 8:00 a.m. to 7:00 p.m. Additional Post-Auction Filing Requirements. Section 73.5005(a) of the Commission's rules requires that post-auction filings include the exhibits mandated by 47 C.F.R. � 1.2107(d) (concerning any bidding consortia, or joint bidding arrangements, if applicable); 47 C.F.R. � 1.2110(j) (concerning designated entity status, if applicable); and 47 C.F.R. � 1.2112(a) and (b) (concerning ownership and real party in interest information). Where applicable, such exhibits must be filed with
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  • 11977 � 11 (1998). See id., at 11978. 47 C.F.R. � 1.2105(c). See Public Notice, ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' 11 FCC Rcd 9645 (1995). 47 C.F.R. �� 1.2105(c), 73.5002 47 C.F.R. � 1.65. 47 C.F.R. � 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555, � 17. 47 C.F.R. �� 1.2107(d), 73.5005(a). See 47 C.F.R. � 1.2109(d). Id. See id. � 73.3571(h)(2). All mutually exclusive applications will be considered under the relevant procedures for conflict resolution. See id. � 73.5002 (c)&(d). If a mutually exclusive group which is eligible to submit engineering solutions or settlement does not do so by the settlement deadline date, and the applications in that group propose to
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  • Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures,'' Public Notice, 18 FCC Rcd 21176 (2003); ``Auction of 24 GHz Service Licenses Scheduled for July 28, 2004, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures,'' Public Notice, DA 04-633 (rel. March 12, 2004). See 47 C.F.R. �� 1.2109(a); 73.3573(f)(5)(ii); 73.5006(d). Id. �� 1.2112(b) and 73.5005. One commenter suggests that winning bidders be required to build their facilities and operate them for two years before they can be sold in order to discourage speculation. Langley Comments at 1. The Commission has not adopted anti-trafficking rules for broadcast service construction permits or licenses acquired through competitive bidding. Such rules are outside the scope of the Bureau's process
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  • or Tom Nessinger (legal) of the Audio Division at (202) 418-2700. Attachment A-1: AM Auction No. 84 Singleton Applications -FCC- See Public Notice, ``AM New Station and Major Modification Auction Filing Window; Minor Modification Application Freeze,'' 18 FCC Rcd 23016 (MB/WTB 2003) (``Auction 84 Filing Window Public Notice''). See 47 U.S.C. � 8; 47 C.F.R. �� 0.401(b), 1.1104, 1.1109, 1.1110, 73.5005(d), 73.3512. Generally, applicants whose short form applications are determined to be non-mutually exclusive must file the appropriate long form applications within thirty days of public notice identifying such non-mutually exclusive applications. See e.g. 47 C.F.R. � 73.5005(d). Given the significant volume of AM applications filed in response to the Auction 84 Filing Window Public Notice, we hereby extend the 30-day
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2948A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2948A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2948A1.txt
  • `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). $ h 8 : F G H I x y � � � � � � � � � h@ h{ h�9 h�9 ��^��gd�9 h�9 h�9 h� h� , See 47 C.F.R. �� 1.2112(b)(2), 73.5005(a). See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section I: General Information, paragraph G: Item 10: Auction Authorization for auction-related exhibit filing requirements. ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_��
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2948A1_Erratum.doc
  • `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). $ h 8 : F G H I x y � � � � � � � � � h@ h{ h�9 h�9 ��^��gd�9 h�9 h�9 h� h� , See 47 C.F.R. �� 1.2112(b)(2), 73.5005(a). See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section I: General Information, paragraph G: Item 10: Auction Authorization for auction-related exhibit filing requirements. ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_��
• 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
  • Opinion and Order, 13 FCC Rcd 11973, 11977, � 11 (1998) (``Nevada Wireless''). 47 C.F.R. � 1.65. See also supra at 5. 47 C.F.R. � 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 � 17. 47 C.F.R. � 1.2107(d). See 47 C.F.R. �� 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. � 1.2109(d). 47 C.F.R. � 73.5005. 47 C.F.R. �� 1.2112(b), 73.5005, 73.5007. See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section I: General Information, paragraph G: Item 10: Auction Authorization for auction-related exhibit filing requirements. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 $
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  • Division at (202) 418-2700. This Public Notice contains the following Attachment: Attachment A-2: AM Auction No. 84 Singleton Applications -FCC- See Public Notice, ``AM New Station and Major Modification Auction Filing Window; Minor Modification Application Freeze,'' 18 FCC Rcd 23016 (MB/WTB 2003) (``Auction 84 Filing Window Public Notice''). See 47 U.S.C. � 8; 47 C.F.R. �� 0.401(b), 1.1104, 1.1109, 1.1110, 73.5005(d), 73.3512. Generally, applicants whose short form applications are determined to be non-mutually exclusive must file the appropriate long form applications within thirty days of public notice identifying such non-mutually exclusive applications. See e.g. 47 C.F.R. � 73.5005(d). Given the significant volume of AM applications filed in response to the Auction 84 Filing Window Public Notice, we hereby extend the 30-day
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  • long form application, and fails to establish good cause for any late-filed submission, shall be deemed to have defaulted and shall be subject to the payments set forth in Section 1.2104(g) of the Commission's rules. Applicants are encouraged to pay the FCC Form 301 application filing fee promptly in order to avoid processing delays. G. Additional Post-Auction Filing Requirements. Section 73.5005(a) of the Commission's rules requires that post-auction long form applications include the exhibits mandated by: Section 1.2107(d) (providing a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement the applicant had entered into relating to the competitive bidding process); Section 1.2110(j) (requiring an applicant claiming designated entity status
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  • employed in Auction No. 81. See e.g., Auction of Licenses in the Multichannel Video Distribution and Data Service Rescheduled for January 14, 2004, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures, Public Notice, 18 FCC Rcd 17553, 17588 (Wireless Telecom. Bur. 2003). See 47 C.F.R. �� 1.2109(a); 73.3573(f)(5)(ii); 73.5006(d). See 47 C.F.R. �� 1.2112(b) and 73.5005. See Abundant Life, Inc., 17 FCC Rcd 4006 (2002); Winstar Broadcasting Corp., 17 FCC Rcd 6126 (2002); Delta Radio, Inc., 18 FCC Rcd 16889 (2003). See 47 C.F.R. � 1.2109(b) and (c). 47 C.F.R. � 1.2109(d). See 47 C.F.R. � 1.2105(a)(2)(xi). See 47 C.F.R. � 1.2106(a). See 47 C.F.R. � 1.2105. See generally 47 C.F.R. � 1.2105. See generally 47
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  • filing window the freeze also included petitions and counterproposals which proposed a change in, or did not fully protect preferred site coordinates specified in Form 175 applications. ``FM Broadcast Construction Permits Auction Closes; Auction No. 37 Winning Bidders Announced; Payment and Application Deadlines Established,'' Public Notice, DA 04-3694 (WTB / MB rel. Dec. 1, 2004). See also 47 C.F.R. � 73.5005(a). $ $ ( 6 T � � � � � ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D N ��- >��r�Kp��-~i�f�M�� z} ���� tm��(c)��cv `��� 0i 0i 0i 0i 0i 0i 0i
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  • deadline which is different from the final payment deadline employed in Auction No. 62. See e.g., Auction of Licenses in the Multichannel Video Distribution and Data Service Rescheduled for January 14, 2004, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures, Public Notice, 18 FCC Rcd 17553, 17588 (Wireless Telecom. Bur. 2003). Id. �� 1.2112(b) and 73.5005. Mullaney Comments at 6. Id. 47 C.F.R. � 73.5005(a). See Abundant Life, Inc., 17 FCC Rcd 4006 (2002) (``Abundant Life''); Winstar Broadcasting Corp., 17 FCC Rcd 6126 (2002); Delta Radio, Inc., 18 FCC Rcd 16889 (2003). See 47 C.F.R. � 1.2109(b) and (c). 47 C.F.R. � 1.2109(d). See generally, 47 C.F.R. � 1.2105. See generally, 47 C.F.R. � � 1.2105(a)(2)(ii)(A),
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  • � 17. 47 C.F.R. � 1.2107(d). See 47 C.F.R. �� 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. � 1.2109(d). 47 C.F.R. � 1.1208. See ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). . See 47 C.F.R. �� 1.2112(b)(2), 73.5005. For auction-related long-form application exhibit filing instructions, review the instructions for FCC Forms 346 or 301-CA, as appropriate. $ c � � � � � � � � � ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2359A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2359A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2359A1.txt
  • 11977 � 11 (1998). Id., 13 FCC Rcd at 11978 � 13. 47 C.F.R. � 1.65. 47 C.F.R. �� 1.65, 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 � 17. See 47 C.F.R. � 1.2107(d). See 47 C.F.R. �� 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. � 1.2109(d). 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 Broadcast First Report and Order, 13 FCC Rcd at 15984 � 164. 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). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News
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  • to establish good cause for any late-filed submission, shall be deemed to have defaulted and shall be subject to the payments set forth in Section 1.2104(g) of the Commission's rules. Applicants are encouraged to pay the FCC Form 346 or 301-CA application filing fee electronically using CDBS filing system in order to avoid processing delays. Additional Post-Auction Filing Requirements Section 73.5005(a) of the Commission's rules requires that post-auction long-form applications include the exhibits mandated by: Section 1.2107(d) (providing a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement the applicant had entered into relating to the competitive bidding process); Section 1.2110(j) (requiring an applicant claiming designated entity status to
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  • � 17. 47 C.F.R. � 1.2107(d). See 47 C.F.R. �� 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. � 1.2109(d). 47 C.F.R. � 1.1208. See ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). . See 47 C.F.R. �� 1.2112(b)(2), 73.5005. See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section I: General Information, paragraph G: Item 10: Auction Authorization for auction-related exhibit filing requirements. � � � � � � � � � PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov
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  • Petition for Nunc Pro Tunc Acceptance (``Waiver Petition'') of its Form 301 application for a major modification to the facilities of broadcast station WKGC(AM), Panama City Beach, Florida. For the reasons discussed below, we grant the Petition for Reconsideration. We also issue a NOTICE OF APPARENT LIABILITY FOR FORFEITURE to GCCC for its apparent willful violation of Sections 73.3571(h)(3) and 73.5005(d) of the Commission's Rules, due to GCCC's failure to timely submit a complete FCC Form 301 application. Background. On November 6, 2003, the Media Bureau (``MB'' or ``Bureau'') and the Wireless Telecommunications Bureau (``WTB'') jointly released a Public Notice announcing a January 26-30, 2004, AM auction filing window for applications for new AM stations and major modifications to authorized AM
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  • which is different from the final payment deadline employed in Auction No. 64. See e.g., Auction of Licenses in the Multichannel Video Distribution and Data Service Rescheduled for January 14, 2004, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures, Public Notice, 18 FCC Rcd 17553, 17588 (Wireless Telecom. Bur. 2003). 47 C.F.R. �� 1.2112(b) and 73.5005. See Abundant Life, Inc., 17 FCC Rcd 4006 (2002) (``Abundant Life''); Winstar Broadcasting Corp., 17 FCC Rcd 6126 (2002); Delta Radio, Inc., 18 FCC Rcd 16889 (2003). See 47 C.F.R. � 1.2109(b) and (c). 47 C.F.R. � 1.2109(d). See generally, 47 C.F.R. � 1.2105. Any application for a noncommercial educational station that is mutually exclusive with any application for a
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  • one AM and three FM stations at Henderson, Nevada; and two AM stations at Winchester, Nevada. See FM Assignment Policies, 90 F.C.C.2d at 92 n.8 (Commission observes that Priority (4) analyses ``can take into account . . . the number of local services . . . .''). File No. BNP-20020726ACT. File No. BNP-20000201ADK. See 47 C.F.R. �� 0.401(b), 1.1104, 1.1109, 73.5005(d), and 73.3512. Id., � 73.3568. (continued next page) Federal Communications Commission DA 05-3171 Federal Communications Commission DA 05-3171 e f l w g h � � � � - - �
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  • 11977 � 11 (1998). Id., 13 FCC Rcd at 11978 � 13. 47 C.F.R. � 1.65. 47 C.F.R. �� 1.65, 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 � 17. See 47 C.F.R. � 1.2107(d). See 47 C.F.R. �� 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. � 1.2109(d). 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 Broadcast First Report and Order, 13 FCC Rcd at 15984 � 164. See 47 C.F.R. �� 1.2112(b), 73.5005, 73.5007 and 73.5008. See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II: Legal Information, paragraph G: Item 10:
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3204A1_Erratum.doc
  • 11977 � 11 (1998). Id., 13 FCC Rcd at 11978 � 13. 47 C.F.R. � 1.65. 47 C.F.R. �� 1.65, 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 � 17. See 47 C.F.R. � 1.2107(d). See 47 C.F.R. �� 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. � 1.2109(d). 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 Broadcast First Report and Order, 13 FCC Rcd at 15984 � 164. See 47 C.F.R. �� 1.2112(b), 73.5005, 73.5007 and 73.5008. See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II: Legal Information, paragraph G: Item 10:
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  • Susan Crawford or Ann Gallagher (engineering), Lisa Scanlan or Tom Nessinger (legal) of the Audio Division at (202) 418-2700. -FCC- See Public Notice, ``AM New Station and Major Modification Auction Filing Window; Minor Modification Application Freeze,'' 18 FCC Rcd 23016 (MB/WTB 2003) (``Auction 84 Filing Window Public Notice''). See 47 U.S.C. � 8; 47 C.F.R. �� 0.401(b), 1.1104, 1.1109, 1.1110, 73.5005(d), 73.3512. Generally, applicants whose short form applications are determined to be non-mutually exclusive must file the appropriate long form applications within thirty days of public notice identifying such non-mutually exclusive applications. See e.g. 47 C.F.R. � 73.5005(d). Given the significant volume of AM applications filed in response to the Auction 84 Filing Window Public Notice, we hereby extend the 30-day
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  • Commission will allow mutually exclusive applicants to submit settlements and engineering solutions to resolve mutually exclusivity pursuant to 47 C.F.R. � 73.5002(d). The Commission will also issue a Public Notice after the window closes identifying short-form applications that are not found to be mutually exclusive. These applicants will need to file an FCC Form 346 pursuant to 47 C.F.R. � 73.5005, which will be processed pursuant to 47 C.F.R. � 73.5006. The Commission will issue another Public Notice announcing the start of a filing procedure in which applications will be accepted on a first-come, first-saved basis not restricted to existing stations licensees and permittees. 47 C.F.R. � 74.787 The Commission will issue a Public Notice announcing the date upon which interested
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  • Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau by authority delegated under Section 0.283 of the Rules, we find that Neely apparently willfully violated Sections 73.3573(f)(5)(i) and 73.5005(a) of the Rules by failing to timely file a post-auction Form 301 application. Based upon our review of the facts and circumstances before us, we conclude that Neely is apparently liable for a monetary forfeiture in the amount of three thousand dollars ($3,000). We also grant Neely's waiver request and accept his application for filing. II. BACKGROUND 2. On April
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  • WY NPG OF IDAHO, INC. KCHD-CA BSFDTL 20060630AIO 42 CHEYENNE WY WORD OF GOD FELLOWSHIP, INC. KJCW-LP BSFDTT 20060630CZF 10 SHERIDAN WY WESTERN FAMILY TELEVISION, INC. THE END See ``LPTV and TV Translator Digital Companion Channel Applications Filing Window for Auction No. 85,'' Public Notice, DA 06-874 (rel. April 20, 2006). . See 47 U.S.C. � 309(j); 47 C.F.R. � 73.5005(d); Implementation of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, First Report and Order, 13 FCC Rcd 15920, 15944 (1998) (``Broadcast Auction First Report and Order''). See 47 U.S.C. � 8; 47 C.F.R. �� 0.401(b), 1.1104, 1.1109, 1.1110, 73.5005(d), 73.3512. See Amendment of Parts 73 and 74 of the Commission's
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  • See 47 C.F.R. Part 1, Appendix C. Auction No. 68 Comment Public Notice at 1. See infra Section IV.A.1. ``Simultaneous Multiple Round Auction.'' . See 47 C.F.R. � 1.2105. See id.; Competitive Bidding Second Report and Order, 9 FCC Rcd at 2376 � 163. See infra Section III.D. ``Upfront Payments - Due December 11, 2006.'' See 47 C.F.R. �� 1.2107, 73.5005. See 47 C.F.R. � 1.2105(a)(2)(v). As discussed generally in NCE Second Report and Order, the opening of a window for nonreserved vacant FM allotments provides a filing opportunity for both NCE and commercial applicants. However, as discussed in Section III.C, infra, while non-mutually exclusive NCE applications will not be resolved through competitive bidding, any applications specifying NCE facilities that are
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  • See 47 C.F.R. Part 1, Appendix C. Auction No. 70 Comment Public Notice at 1. See infra Section IV.A.1. ``Simultaneous Multiple Round Auction.'' . See 47 C.F.R. � 1.2105. See id.; Competitive Bidding Second Report and Order, 9 FCC Rcd at 2376 � 163. See infra Section III.D. ``Upfront Payments - Due February 5, 2007.'' See 47 C.F.R. �� 1.2107, 73.5005. See 47 C.F.R. � 1.2105(a)(2)(v). As discussed generally in the NCE Second Report and Order, the opening of a window for nonreserved vacant FM allotments provides a filing opportunity for both NCE and commercial applicants. However, as discussed in Section III.C, infra, while non-mutually exclusive NCE applications will not be resolved through competitive bidding, any applications specifying NCE facilities that
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  • to Amend Rules for Digital Class A Television Stations, MB Docket No. 03-185, Report and Order, 19 FCC Rcd 19331, 19369 (2004) (LPTV DTV Report and Order); and 47 C.F.R. � 74.707(e). The rules became effective September 15, 2005. See 70 Fed.Reg. 56581, September 28, 2005. See also 47 C.F.R. � 74.703. See 47 U.S.C. � 309(j); 47 C.F.R. � 73.5005(d); Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, First Report and Order, 13 FCC Rcd 15920, 15944 (1998) (``Broadcast Auction First Report and Order''). See 47 U.S.C. � 8; 47 C.F.R. �� 0.401(b), 1.1104, 1.1109, 1.1110, 73.5005(d), 73.3512, 73.3513, 73.3514. See 47 C.F.R. � 73.5005. Non-mutually exclusive applicants
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  • You were a participant and high bidder in Auction No. 62 on FM broadcast construction permit FM027-A. As described below, you failed to submit the required long-form application by the filing deadline and, consequently, are deemed to have defaulted on your winning bid. Accordingly, this letter sets forth your interim default payment obligation for FM broadcast construction permit FM027-A. Section 73.5005 of the Commission's rules provides that an applicant that fails to submit the required long-form application under this section and fails to establish good cause for any late-filed submission shall be deemed to have defaulted and be subject to the default payment provisions as set forth in 47 CFR 1.2104(g). The default payment has two components. The first component is
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  • 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. � 1.2109(d). See 47 C.F.R. � 1.1208. See also ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). See also 47 C.F.R. � 1.1202(d)(1) Note 1. . See 47 C.F.R. �� 1.2112(b)(2), 73.5005. 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. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 $ � � $ : � �
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  • and fails to establish good cause for any late-filed submission, shall be deemed to have defaulted and shall be subject to the payments set forth in Section 1.2104(g) of the Commission's rules. Applicants are encouraged to pay the FCC Form 301 application filing fee electronically using CDBS filing system in order to avoid processing delays. Additional Post-Auction Filing Requirements Section 73.5005(a) of the Commission's rules requires that post-auction long-form applications include the exhibits mandated by: Section 1.2107(d) (providing a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement the applicant had entered into relating to the competitive bidding process); Section 1.2110(j) (requiring an applicant claiming designated entity status to
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  • 11977 � 11 (1998). Id., 13 FCC Rcd at 11978 � 13. 47 C.F.R. � 1.65. 47 C.F.R. �� 1.65, 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 � 17. See 47 C.F.R. � 1.2107(d). See 47 C.F.R. �� 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. � 1.2109(d). See 47 C.F.R. �� 1.2107 and 73.5005. See also Broadcast Competitive Bidding First Report and Order, 13 FCC Rcd at 15984-85 �� 163-64. See Broadcast Competitive Bidding First Report and Order, 13 FCC Rcd at 15984 � 164. See 47 C.F.R. �� 1.2112(b), 73.5005, 73.5007 and 73.5008. See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II: Legal Information,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2552A1_Erratum.doc
  • 11977 � 11 (1998). Id., 13 FCC Rcd at 11978 � 13. 47 C.F.R. � 1.65. 47 C.F.R. �� 1.65, 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 � 17. See 47 C.F.R. � 1.2107(d). See 47 C.F.R. �� 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. � 1.2109(d). See 47 C.F.R. �� 1.2107 and 73.5005. See also Broadcast Competitive Bidding First Report and Order, 13 FCC Rcd at 15984-85 �� 163-64. See Broadcast Competitive Bidding First Report and Order, 13 FCC Rcd at 15984 � 164. See 47 C.F.R. �� 1.2112(b), 73.5005, 73.5007 and 73.5008. See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II: Legal Information,
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  • � 17. 47 C.F.R. � 1.2107(d). See 47 C.F.R. �� 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. � 1.2109(d). 47 C.F.R. � 1.1208. See ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). . See 47 C.F.R. �� 1.2112(b)(2), 73.5005. See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section I: General Information, paragraph G: Item 10: Auction Authorization for auction-related exhibit filing requirements. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 < R � � � � �
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  • 11977 � 11 (1998). Id., 13 FCC Rcd at 11978 � 13. 47 C.F.R. � 1.65. 47 C.F.R. �� 1.65, 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 � 17. See 47 C.F.R. � 1.2107(d). See 47 C.F.R. �� 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. � 1.2109(d). See 47 C.F.R. �� 1.2107 and 73.5005. See also Broadcast Competitive Bidding First Report and Order, 13 FCC Rcd at 15984-85 �� 163-64. See id., 13 FCC Rcd at 15984 � 164. See 47 C.F.R. �� 1.2112(b), 73.5005, 73.5007 and 73.5008. 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
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  • fails to establish good cause for any late-filed submission, shall be deemed to have defaulted and shall be subject to the payments set forth in Section 1.2104(g) of the Commission's rules. Applicants are encouraged to pay the FCC Form 301 application filing fee electronically using the CDBS filing system in order to avoid processing delays. Additional Post-Auction Filing Requirements Section 73.5005(a) of the Commission's rules requires that post-auction long-form applications include the exhibits mandated by: Section 1.2107(d) (providing a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement the applicant had entered into relating to the competitive bidding process); Section 1.2110(j) (requiring an applicant claiming designated entity status to
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  • 20060630BGM SUNLIGHT BASIN, ETC. WY CENTRAL WYOMING COLLEGE See ``LPTV and TV Translator Digital Companion Channel Applications Filing Window for Auction No. 85,'' Public Notice, 21 FCC Rcd 4100 (MB/WTB 2006). See ``LPTV and TV Translator Digital Companion Channel Applications - Mutually Exclusive Proposals,'' Public Notice, 21 FCC Rcd 11720 (MB/WTB 2006). See 47 U.S.C. � 309(j); 47 C.F.R. � 73.5005(d); Implementation of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, First Report and Order, 13 FCC Rcd 15920, 15944 (1998) (``Broadcast Auction First Report and Order''). See 47 U.S.C. � 8; 47 C.F.R. �� 0.401(b), 73.3512 and 73.5005(d). See Amendment of Parts 73 and 74 of the Commission's Rules to
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  • assistance with electronic filing, call the Audio Division Help Desk at (202) 418-2662. The Commission staff will return applications not submitted in accordance with the procedures described in this Public Notice. Applicants are encouraged to pay the FCC Form 301 application filing fee electronically using the CDBS filing system in order to avoid processing delays. Additional Post-Auction Filing Requirements Section 73.5005(a) of the Commission's rules requires that post-auction long-form applications include the exhibits mandated by: Section 1.2107(d) (providing a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement the applicant had entered into relating to the competitive bidding process); Section 1.2110(j) (requiring an applicant claiming designated entity status to
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  • 1.2107(d), and 1.2109(d). 47 C.F.R. � 1.2109(d). See 47 C.F.R. � 1.1208. See also ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). See also 47 C.F.R. � 1.1202(d)(1) Note 1. . See 47 C.F.R. �� 1.2107(d), 1.2112(b)(2), 73.5005. 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. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 � � - C ` g ... � '' � - (c) � � � h� h�
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  • Public Notice specifically stated that down payments would be due by winning bidders ten business days after the release of the closing public notice, as required by Section 1.2107(b) of the Commission's rules. The Procedures Public Notice also made clear that long-form applications would be due thirty days after the release of the closing public notice, as required by Section 73.5005(a) of the Commission's rules. Kankakee timely filed its short-form application to participate in the auction (FCC Form 175) and timely submitted an upfront payment in the amount of $70,000. Mr. Sidney Marks, who served as the President and as a director of Kankakee at that time, appears on Kankakee's short-form application as the certifying official who signed the form. Kankakee's
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  • 26, 2005, with 39 winning bidders for 90 construction permits. See Auction of Low Power Television Construction Permits Closes, Winning Bidders Announced for Auction No. 81, Public Notice, 20 FCC Rcd 15322 (MB/WTB 2005). See ``LPTV and TV Translator Applications - Mutually Exclusive Proposals,'' Public Notice, 22 FCC Rcd 3368 (MB/WTB 2007). See 47 U.S.C. � 309(j); 47 C.F.R. � 73.5005(d); Implementation of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, First Report and Order, 13 FCC Rcd 15920, 15944 (1998) (``Broadcast Auction First Report and Order''). See 47 U.S.C. � 8; 47 C.F.R. �� 0.401(b), 1.1104, 1.1109, 1.1110, 73.5005(d), 73.3512, 73.3513, 73.3514. See 47 C.F.R. � 73.5005. Non-mutually exclusive applicants
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  • Freeze,'' 18 FCC Rcd 23016 (MB/WTB 2003) (``Auction 84 Filing Window Public Notice''). These applications were originally mutually exclusive with other applications filed in the AM Auction No. 84 filing window, but the mutual exclusivities have been resolved and the applications are now considered to be singleton applications. See 47 U.S.C. � 8; 47 C.F.R. �� 0.401(b), 1.1104, 1.1109, 1.1110, 73.5005(d), 73.3512. Generally, applicants whose short form applications are determined to be non-mutually exclusive must file the appropriate long form applications within thirty days of public notice identifying such non-mutually exclusive applications. See e.g. 47 C.F.R. � 73.5005(d). Given the significant volume of AM applications filed in response to the Auction 84 Filing Window Public Notice, we hereby extend the 30-day
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  • and Order and Notice of Apparent Liability for Forfeiture (``NAL''), issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Audio Division, Media Bureau, by authority delegated under Section 0.283 of the Rules, we find that ESW apparently willfully violated Sections 73.3573(f)(5)(i) and 73.5005(a) of the Rules by failing timely to file a post-auction Form 301 application. Based upon our review of the facts and circumstances before us, we conclude that ESW is apparently liable for a monetary forfeiture in the amount of three thousand dollars ($3,000). We also grant ESW's waiver request and accept its application for filing. II. BACKGROUND 2. On September
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  • and Order and Notice of Apparent Liability for Forfeiture (``NAL''), issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Audio Division, Media Bureau, by authority delegated under Section 0.283 of the Rules, we find that BKM apparently willfully violated Sections 73.3573(f)(5)(i) and 73.5005(a) of the Rules by failing to timely file a post-auction Form 301 application. Based upon our review of the facts and circumstances before us, we conclude that BKM is apparently liable for a monetary forfeiture in the amount of three thousand dollars ($3,000). We also grant BKM's waiver request and accept its application for filing. II. BACKGROUND 2. On August
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  • 20000831ATT 59 QUINCY IL VENTURE TECHNOLOGIES GROUP, LLC BNPTTL 20000831APK 52 SERGEANT BLUFF IA VENTURE TECHNOLOGIES GROUP, LLC BNPTTL 20000831AVQ 57 QUINCY IL VENTURE TECHNOLOGIES GROUP, LLC BNPTTL 20000831BCN 23 CAMP POINT IL VENTURE TECHNOLOGIES GROUP, LLC See ``LTPV and TV Translator Applications - Non-Mutually Exclusive Proposals,'' Public Notice, DA 07-3087 (MB/WTB released July 10, 2007). See 47 C.F.R. � 73.5005(d). See 47 C.F.R. � 73.3568(a)(1) that provides in part that an application will be dismissed for ``failure to prosecute . . . or failure to respond to official correspondence or request for additional information . . . .'' PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322
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  • .p u z � � � � � � h� 47 C.F.R. � 1.2105(c). See Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules, Public Notice, 11 FCC Rcd 9645 (1995). 47 C.F.R. �� 1.2105(c), 73.5002. 47 C.F.R. � 1.65. 47 C.F.R. � 1.2105(c)(6); see also Seventh Report and Order, 16 FCC Rcd at 17555 � 17. 47 C.F.R. �� 1.2107(d), 73.5005(a). See 47 C.F.R. � 1.2109(d). Id. � 0 0 0 p R R ` y �
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  • totaled $31,200.00. The Bureaus applied your $2,500 of upfront money toward the down payment requirement and notified you of the additional amount due of $3,740. On April 16, 2007, you submitted the balance owed on the down payment. You failed to submit the final payment due on April 30, 2007. The Closing Public Notice also announced that, pursuant to Section 73.5005(a) of the Rules, all winning bidders were required to submit a completed long-form application for each construction permit for which they were a winning bidder by May 2, 2007. In accordance with the Rules, FCC Form 301 must be accompanied by the appropriate application filing fee. You created your long-form application for filing, but failed to submit the application filing
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  • totaled $114,000.00. The Bureaus applied Bramah's $10,000.00 of upfront money toward the down payment requirement and notified Bramah of the additional amount due of $12,800.00. On April 16, 2007, Bramah submitted the balance owed on the down payment. Bramah failed to submit the final payment due on April 30, 2007. The Closing Public Notice also announced that, pursuant to Section 73.5005(a) of the Rules, all winning bidders were required to submit a completed long-form application for each construction permit for which they were a winning bidder by May 2, 2007. In accordance with the Rules, FCC Form 301 must be accompanied by the appropriate application filing fee. Bramah created the long-form application for filing, but failed to submit the application filing
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4031A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4031A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4031A1.txt
  • SPECIAL SERVICE DISTRICT #1 BSFDTT 20060630BHQ KANAB UT WESTERN KANE COUNTY SPECIAL SERVICE DISTRICT #1 BSFDTT 20060630DCW MARION, ETC. VA AURORA LICENSE HOLDINGS, INC. BSFDTT 20060630AOQ EVANSTON, ETC. WY UNIVERSITY OF UTAH See ``LTPV and TV Translator Digital Companion Channel Applications - Non-Mutually Exclusive Proposals (Auction No. 85),'' Public Notice, 22 FCC Rcd 5313 (MB/WTB 2007). See 47 C.F.R. � 73.5005(d). See 47 C.F.R. � 73.3568(a)(1) that provides in part that an application will be dismissed for ``failure to prosecute . . . or failure to respond to official correspondence or request for additional information . . . .'' PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322
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  • See 47 C.F.R. � 1.2109(d). See 47 C.F.R. � 1.2107(b). See 47 C.F.R. �� 1.2109, 73.3573, 73.5003, and 73.5006. See also Implementation of the Commercial Spectrum Enhancement Act and Modernization of the Commission's Competitive Bidding Rules and Procedures, WT Docket No. 05-211, Report and Order, 21 FCC Rcd 891 (2006), petitions for recon. pending. See 47 C.F.R. �� 1.2107 and 73.5005. See also Broadcast Competitive Bidding First Report and Order, 13 FCC Rcd at 15984-85 �� 163-64. See Broadcast Competitive Bidding First Report and Order, 13 FCC Rcd at 15984 � 164. See 47 C.F.R. �� 73.5005, 73.5007 and 73.5008. See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II: Legal Information, paragraph
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  • (Question 2). For assistance with electronic filing, call the Audio Division Help Desk at (202) 418-2662. The Commission staff will return applications not submitted in accordance with the procedures described above. Applicants are encouraged to pay the FCC Form 301 application filing fee electronically using the CDBS filing system in order to avoid processing delays. Additional Post-Auction Filing Requirements Section 73.5005(a) of the Commission's rules requires that post-auction long-form applications include the exhibits mandated by: Section 1.2107(d) (providing a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement the applicant had entered into relating to the competitive bidding process); Section 1.2110(j) (requiring an applicant claiming designated entity status to
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  • December 11, 2007) (``Third Report and Order''). See Media Bureau Suspends Dismissal of FM Translator Applications Related to Processing Cap ((MM Docket No. 99-25), Public Notice, DA 08-801 (MB rel. Apr. 7, 2008) (directing the staff to continue to process the applications of any applicant with ten or fewer applications on file). See 47 U.S.C. � 309(j); 47 C.F.R. � 73.5005(d); First Report and Order, Implementation of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, 13 FCC Rcd 15920 (1998) (``Broadcast Auction First Report and Order''). See 47 U.S.C. � 8; 47 C.F.R. �� 0.401(b), 1.1104, 1.1109, 1.1110, 73.5005(d), 73.3512, 74.1233(d). Generally, applicants whose short form applications are determined to be
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  • See supra Section III.C.3. ``Upfront Payments and Bidding Eligibility'' In the event of duplicate bid amounts due to rounding, the FCC Auction System will omit the duplicates and will list fewer than nine acceptable bid amounts for the construction permit. Auction 85 Comment Public Notice at 13. Id. See 47 C.F.R. � 1.2107(b). See id. 47 C.F.R. �� 1.2112(b) and 73.5005. See 47 C.F.R. � 1.2109(b) and (c). 47 C.F.R. � 1.2109(d). (continued....) Federal Communications Commission DA 08-1944 PUBLIC NOTICE E-1 Federal Communications Commission DA 08-1944 Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 I d � � � � H I K L c d f g �
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  • C.F.R. �� 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. � 1.2109(d). See ``Contact Info'' below. See 47 C.F.R. � 1.65. See 47 C.F.R. � 1.2105(b). Id. Auction 85 Procedures Public Notice, 23 FCC Rcd at 14,538-40 �� 19-25. For more detail, see Auction 85 Procedures Public Notice, 23 FCC Rcd at 14,554-55 �� 111-20. See 47 C.F.R. �� 1.2107 and 73.5005. See also Broadcast First Report and Order, 13 FCC Rcd at 15984-85 �� 163-64. See 47 C.F.R. �� 1.2112(b), 73.5005, 73.5007 and 73.5008. See 47 C.F.R. �� 1.2107, 1.2109(a), 73.3572, 73.5003, 73.5005, and 73.5006(d). See 47 C.F.R. �� 1.2107, 1.2109(a). PUBLIC NOTICE News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 Federal Communications Commission 445 12th St., S.W. Washington,
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  • assistance with electronic filing, call Hossein Hashemzadeh at 202-418-1600. An applicant that fails to submit the required long-form application before the specified deadline and fails to establish good cause for any late-filed submission shall be deemed to have defaulted and shall be subject to the payments set forth in Section 1.2104(g) of the Commission's rules. Additional Post-Auction Filing Requirements Section 73.5005(a) of the Commission's rules requires that post-auction long-form applications include the exhibits mandated by Section 1.2107(d) (providing a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement the applicant had entered into relating to the competitive bidding process); Section 1.2110(j) (requiring an applicant claiming bidding credit eligibility to
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  • June 8, 2009 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand dollars ($3,000), to Frank Neely (``Neely''), winning bidder in FM Auction No. 62 for the construction permit for a new FM Station in Due West, South Carolina, for willfully violating Sections 73.3573(f)(5)(i) and 73.5005(a) of the Commission's Rules (``Rules'') by failing to file a timely post-auction Form 301 application. BACKGROUND On July 21, 2006, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of three thousand dollars ($3,000) to Neely for this violation. Neely filed an Opposition to Notice of Apparent Liability for Forfeiture (``Opposition'') requesting a cancellation of
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  • mutually exclusive applications for broadcast construction permits to the Commission's Part 1 auction rules. Legal Basis: 47 U.S.C. 154, 301, 303, 309 (j), 334, and 336. Section Number and Title: 73.5000 Services subject to competitive bidding. 73.5002 Application and certification procedures; return of mutually exclusive applications not subject to competitive bidding procedures; prohibition of collusion. 73.5003 Submission of full payments. 73.5005 Filing of long-form applications. 73.5006 Filing of petitions to deny against long-form applications. 73.5007 Designated entity provisions. 73.5008 Definitions applicable for designated entity provisions. 73.5009 Assignment of transfer of control. PART 74-EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST 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
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  • See 47 C.F.R. � 1.2109(d). See ``Contact Information'' below. See 47 C.F.R. � 1.65. See 47 C.F.R. � 1.2105(b). Id. See 47 C.F.R. � 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,
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  • aural service, (3) First local transmission service, and (4) Other public interest matters. Co-equal weight is given to Priorities (2) and (3). The FM allotment priorities were first applied to Section 307(b) determinations in mutually exclusive AM proceedings in Alessandro Broadcasting Co., Decision, 56 RR 2d 1568 (Rev. Bd. 1984). Petition at 3. See 47 C.F.R. �� 0.401(b), 1.1104, 1.1109, 73.5005(d), and 73.3512. File No. BNP-20080602ABO. See Elvis L. Moody, Letter, 24 FCC Rcd 3209 (MB 2009) (no countervailing public interest sufficient to warrant processing procedures that are not in keeping with Section 1.106(a)(1) and the standards enunciated by the Commission in the Broadcast First Report and Order). 47 C.F.R. � 1.106(a)(1). The rule is clear that, with one noted exception
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  • assistance with electronic filing, call the Audio Division Help Desk at (202) 418-2662. The Commission staff will return applications not submitted in accordance with the procedures described in this Public Notice. Applicants are encouraged to pay the FCC Form 301 application filing fee electronically using the CDBS filing system in order to avoid processing delays. Additional Post-Auction Filing Requirements Section 73.5005(a) of the Commission's rules requires that post-auction long-form applications include the exhibits mandated by Section 1.2107(d) (providing a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement the applicant had entered into relating to the competitive bidding process); Section 1.2110(j) (requiring an applicant claiming bidding credit eligibility to
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  • browser such as Netscape version 3.04 or Internet Explorer version 3.51, or later. When filing FCC Form 301, applicants must select "Long Form Application for FM Auction 79" on the Pre-form and enter the relevant short form application file number from CDBS (Question 2).28For assistance with electronic filing, call the Audio Division Help Desk at (202) 418-2662. 23See47 C.F.R. � 73.5005(a). 24See47 C.F.R. �� 1.2104(g), 1.2107(c), 73.5005(c). 25For information regarding electronic application filing, refer to "Mass Media Bureau Implements Mandatory Electronic Filing of FCC Forms 301, 314, and 315," Public Notice, 16 FCC Rcd 3989 (MMB 2001). 26See 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,
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  • (2) Second fulltime aural service, (3) First local transmission service, and (4) Other public interest matters. Co-equal weight is given to Priorities (2) and (3). The FM allotment priorities were first applied to Section 307(b) determinations in mutually exclusive AM proceedings in Alessandro Broadcasting Co., Decision, 56 RR 2d 1568 (Rev. Bd. 1984). See 47 C.F.R. �� 0.401(b), 1.1104, 1.1109, 73.5005(d), and 73.3512. See Broadcast Applications, Public Notice, Report No. 26824 (Sep. 18, 2008). See, e.g., Aaron P. Shainis, Esq., Jerome Boros, Esq., James A. Koerner, Esq., and Mark N. Lipp, Esq., Letter, Ref. No. 1800B3-TSN (MB Aug. 30, 2002); Jeffrey L. Timmons, Esq., and A. Wray Fitch III, Esq., Letter, Ref. No. 1800B3-TSN (MB Aug. 13, 2002). 47 C.F.R. �
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  • Comments at 3. Comments of Sutton Radiocasting Corporation, filed April 1, 2009 (Sutton Reply Comments). MEI Comments at 2. See Section IV.A.1. ``Simultaneous Multiple Round Auction,'' below. 47 C.F.R. �� 1.2105, 73-5002. Id.; Competitive Bidding Second Report and Order, 9 FCC Rcd at 2376 � 163. Section III.D. ``Upfront Payments - Due July 31, 2009,'' below. 47 C.F.R. �� 1.2107, 73.5005. 47 C.F.R. � 1.2105(a)(2)(v). As discussed generally in the NCE Second Report and Order, the opening of a window for nonreserved vacant FM allotments provides a filing opportunity for both NCE and commercial applicants. However, as discussed in Section III.C, below, while non-mutually exclusive NCE applications will not be resolved through competitive bidding, any applications specifying NCE facilities that are
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  • the specified criteria. The applicant may select all the construction permits in the customized list or select individual construction permits from the list. Applicants also will be able to select construction permits from one customized list and then create additional customized lists to select additional construction permits. 67Section III.D. "Upfront Payments �Due July 31, 2009," below. 6847 C.F.R. �� 1.2107, 73.5005. 6947 C.F.R. � 1.2105(a)(2)(v). 70As discussed generally in the NCE Second Report and Order, the opening of a window for nonreserved vacant FM allotments provides a filing opportunity for both NCE and commercial applicants. However, as discussed in Section III.C, below, while non-mutually exclusive NCE applications will not be resolved through competitive bidding, any applications specifying NCE facilities that are
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  • (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, FCC 94-283, 9 FCC Rcd 6760 (1994). See also 47 C.F.R. � 1.1202(d)(1) Note 1. See Auction 88 Procedures Public Notice, 25 FCC Rcd at 2953-55 �� 32-38. For more detail, see Auction 88 Procedures Public 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
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  • Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes," Public Notice, FCC94- 283, 9 FCC Rcd 6760 (1994). See also47 C.F.R. � 1.1202(d)(1) Note 1. 36See Auction 88 Procedures Public Notice, 25 FCC Rcd at 2953-55 ��32-38. 37For more detail, see Auction 88 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. ��
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  • encouraged to pay the FCC Form 301-AM application filing fee electronically using the CDBS filing system in order to avoid processing delays. Additional Post-Auction Filing Requirements Each Auction 88 winning bidder, whether filing an amendment to a previously-filed long-form application or filing a complete FCC Form 301-AM application for the first time, must submit the post-auction exhibits required by section 73.5005(a) of the Commission's rules. Specifically, section 73.5005(a) requires that post-auction long-form applications include the exhibits mandated by section 1.2107(d) (providing a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement the applicant had entered into relating to the competitive bidding process); section 1.2110(j) (requiring an applicant claiming bidding
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  • with electronic filing, call the Audio Division Help Desk at (202) 418-2662. 24.The Commission staff will return applications or application amendments not submitted in accordance with the procedures described in this Public Notice. Applicants are encouraged to pay the FCC Form 301-AM application filing fee electronically using the CDBS filing system in order to avoid processing delays. 27See47 C.F.R. � 73.5005(a). 28See47 C.F.R. �� 1.2104(g), 1.2107(c), 73.5005(c). 29For information regarding electronic application filing, refer to "Mass Media Bureau Implements Mandatory Electronic Filing of FCC Forms 301, 314, and 315," Public Notice, DA 01-283, 16 FCC Rcd 3989 (MMB 2001). 30See Implementation of Section 309(j) of the Communications Act �Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket
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  • C.F.R. �� 1.1301-1.1319. 47 C.F.R. Part 1, Appendix C. Auction 90 Comment Public Notice at � 1. See Section IV.A.1. ``Simultaneous Multiple Round Auction,'' below. 47 C.F.R. �� 1.2105, 73.5002. Id.; see also Competitive Bidding Second Report and Order, 9 FCC Rcd at 2376 � 163. Section III.D. ``Upfront Payments - Due January 21, 2011,'' below. 47 C.F.R. �� 1.2107, 73.5005. 47 C.F.R. � 1.2105(a)(2)(v). See NCE Second Report and Order, 18 FCC Rcd at 6699-6700. See 47 C.F.R. � 1.2105(b). 47 C.F.R. � 1.2105(b)(2). Broadcast Competitive Bidding 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- and women-owned businesses). ``Media of mass communication'' include
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  • qualified to hold a license.73 Applicants should read the instructions set forth in Attachment B to this Public Notice carefully and should consult 69 47 C.F.R. �� 1.2105, 73.5002. 70Id.; see also Competitive BiddingSecond Report and Order, 9 FCC Rcd at 2376 � 163. 71 Section III.D. "Upfront Payments � Due January 21, 2011," below. 72 47 C.F.R. �� 1.2107, 73.5005. 73 47 C.F.R. � 1.2105(a)(2)(v). 14894 Federal Communications Commission DA 10-2008 the Commission's rules to ensure that, in addition to the materials described below, all the information that is required under the Commission's rules is included with their short-form applications. 49. An entity may not submit more than one short-form application for a single auction. If a party submits multiple
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  • 1, Subpart I. 47 C.F.R. �� 1.1301-1.1319. 47 C.F.R. Part 1, Appendix C. Mullaney Comments at 7. See Section IV.A.1. ``Simultaneous Multiple Round Auction,'' below. 47 C.F.R. �� 1.2105, 73-5002. Id.; see also Competitive Bidding Second Report and Order, 9 FCC Rcd at 2376 � 165. Section III.D. ``Upfront Payments - Due March 21, 2011,'' below. 47 C.F.R. �� 1.2107, 73.5005. 47 C.F.R. � 1.2105(a)(2)(v). As discussed generally in the NCE Second Report and Order, the opening of a window for nonreserved vacant FM allotments provides a filing opportunity for both NCE and commercial applicants. However, as discussed in Section III.C, below, while non-mutually exclusive NCE applications will not be resolved through competitive bidding, any applications specifying NCE facilities that are
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  • certifications, and any attachments are true and correct. Applicants are not permitted to make major modifications to their applications; such impermissible changes include a 71 47 C.F.R. �� 1.2105, 73-5002. 72Id.; see also Competitive BiddingSecond Report and Order, 9 FCC Rcd at 2376 � 165. 73Section III.D. "Upfront Payments � Due March 21, 2011," below. 74 47 C.F.R. �� 1.2107, 73.5005. 75 47 C.F.R. � 1.2105(a)(2)(v). 76 As discussed generally in the NCE Second Report and Order, the opening of a window for nonreserved vacant FM allotments provides a filing opportunity for both NCE and commercial applicants. However, as discussed in Section III.C, below, while non-mutually exclusive NCE applications will not be resolved through competitive bidding, any applications specifying NCE facilities
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  • the required down payment within the prescribed period of time . . . or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2).'' The Auction 62 Procedures Public Notice also made clear that long-form applications would be due thirty days after the release of the Auction 62 Closing Public Notice, as required by section 73.5005(a) of the Commission's rules. Mr. Austin timely filed his short-form application to participate in the auction (FCC Form 175) and timely submitted an upfront payment in the amount of $1,500. He claimed eligibility for a twenty-five percent bidding credit on each of the twenty permits he selected. Subsequently, the Bureaus released a public notice listing Mr. Austin as a qualified
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  • (i.e., fails to remit the required down payment within the prescribed period of time . . . or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2)."6The Auction 62Procedures Public Noticealso made clear that long-form applications would be due thirty days after the release of the Auction 62Closing Public Notice, as required by section 73.5005(a) of the Commission's rules.7 3. Mr. Austin timely filed his short-form application to participate in the auction (FCC Form 175) and timely submitted an upfront payment in the amount of $1,500. He claimed eligibility for a twenty-five percent bidding credit on each of the twenty permits he selected.8Subsequently, the Bureaus released a public notice listing Mr. Austin as a qualified
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  • C.F.R. �� 1.1301-1.1319. 47 C.F.R. Part 1, Appendix C. Auction 88 Comment Public Notice at � 1. See Section IV.A.1. ``Simultaneous Multiple Round Auction,'' below. 47 C.F.R. �� 1.2105, 73-5002. Id.; see also Competitive Bidding Second Report and Order, 9 FCC Rcd at 2376 � 163. Section III.D. ``Upfront Payments - Due June 17, 2010,'' below. 47 C.F.R. �� 1.2107, 73.5005. See note 7, above. See Section II.G. ``Provisions Regarding Former and Current Defaulters,'' below. See Supplemental Terre Haute Window Notice, 16 FCC Rcd at 12832. 47 C.F.R. � 1.2105(a)(2)(v). See 47 C.F.R. � 1.2105(b). ``Media of mass communication'' include both commercial and NCE full-power broadcast stations. Although the AM applicants listed in Attachment A previously filed short-form applications in response
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  • AM auction filing window, as a way to deter speculative applications, reduce administrative burdens, and expedite newservice to the public. The specific cap for a given auction will be announced in the Public Notice announcing that auction. The Commission has delegated authority to the staff to extend the firm 30-day deadline for filing post-auction long-form applications, set forth in Section 73.5005 of the Rules. The staff may extend this deadline when deemed necessary, for example, when the filing deadline would fall during holiday seasons. The Commission clarifies, in Section 73.5007(b) of the Rules, that for purposes of the new entrant bidding credit, an applicant's existing station is considered to be in the "same area" as an FM allotment being auctioned if
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  • In re: Frank J. Neely New FM Station Due West, South Carolina Facility ID 166080 File No. BNPH-20060324AFR Petition for Reconsideration Dear Counsel: We have before us a June 16, 2009, Petition for Reconsideration (``Petition'') filed on behalf of Frank J. Neely (``Neely''). The Petition requests reconsideration of a forfeiture order issued to Neely for willfully violating Sections 73.3573(f)(5)(i) and 73.5005(a) of the Commission's Rules (``Rules'') by failing to timely file a post-auction Form 301 application. For the reasons stated below, we deny the Petition. Background. In a Public Notice released February 8, 2006, the Commission named Neely the winning bidder in FM Auction No. 62 for the FM Construction Permit in Due West, South Carolina. Sections 73.3573(f)(5)(i) and 73.5005(a) of
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  • Stations (Seaford, Delaware), MB Docket No. 09-230, Report and Order, DA 10-698, 25 FCC Rcd 4466 (MB Vid. Div. 2010) (``Delaware Allotment Order''), recon. pending. See 47 U.S.C. � 331(a). See Auction 90 Procedures Public Notice, DA 10-2008 at �� 28-35. For more detail, see Auction 90 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
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  • Television Broadcast Stations (Seaford, Delaware), MB Docket No. 09-230, Report and Order,DA 10- 698, 25 FCC Rcd 4466 (MB Vid. Div. 2010) ("Delaware Allotment Order"), recon. pending. 36See 47 U.S.C. � 331(a). 37See Auction 90 Procedures Public Notice, DA 10-2008 at ��28-35. 38For more detail, see 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. ��
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  • and Order and Notice of Apparent Liability for Forfeiture (``NAL''), issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Audio Division, Media Bureau, by authority delegated under Section 0.283 of the Rules, we find that Colville apparently willfully violated Sections 73.3573(f)(5)(i) and 73.5005(a) of the Rules by failing to timely file a post-auction Form 301 application. Based upon our review of the facts and circumstances before us, we conclude that Colville is apparently liable for a monetary forfeiture in the amount of three thousand dollars ($3,000). We also grant Colville's waiver request and have accepted her application for filing. II. BACKGROUND 2. On
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  • C.F.R. Chapter 1, Part 1, Subpart I. 47 C.F.R. �� 1.1301-1.1319. 47 C.F.R. Part 1, Appendix C. See Section IV.A.1. ``Simultaneous Multiple Round Auction,'' below. 47 C.F.R. �� 1.2105, 73.5002. Id.; see also Competitive Bidding Second Report and Order, 9 FCC Rcd at 2376 � 165. Section III.D. ``Upfront Payments - Due February 22, 2012,'' below. 47 C.F.R. �� 1.2107, 73.5005. 47 C.F.R. � 1.2105(a)(2)(v). As discussed generally in the NCE Second Report and Order, 18 FCC Rcd at 6691, the opening of a window for nonreserved vacant FM allotments provides a filing opportunity for both NCE and commercial applicants. However, as discussed in Section III.C, below, while non-mutually exclusive NCE applications will not be resolved through competitive bidding, any applications
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1845A1_Rcd.pdf
  • are legally, technically, financially and otherwise qualified to hold a license.70Applicants should read carefully the instructions set forth in Attachment B to this Public Notice and should consult 6647 C.F.R. �� 1.2105, 73.5002. 67Id.;see also Competitive BiddingSecond Report and Order, 9 FCC Rcd at 2376 � 165. 68Section III.D. "Upfront Payments �Due February 22, 2012," below. 6947 C.F.R. �� 1.2107, 73.5005. 7047 C.F.R. � 1.2105(a)(2)(v). 15498 Federal Communications Commission DA 11-1845 the Commission's rules to ensure that, in addition to the materials described below, all the information required is included within their short-form application.71 51. An individual or entity may not submit more than one short-form application for a single auction. If a party submits multiple short-form applications, only one application
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  • submitted in accordance with the procedures described in this Public Notice. The applicant is encouraged to pay the FCC Form 301 application filing fee electronically using the CDBS filing system in order to avoid processing delays. Additional Post-Auction Filing Requirements When filing complete FCC Form 301 applications, the Auction 90 winning bidder must submit the post-auction exhibits required by section 73.5005(a) of the Commission's rules. Specifically, section 73.5005(a) requires that post-auction long-form applications include the exhibits mandated by section 1.2107(d) (providing a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement the applicant had entered into relating to the competitive bidding process); section 1.2110(j) (requiring an applicant claiming bidding
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-312A1_Rcd.pdf
  • winning bidder in Auction 90. The long-form applications must be filed electronically through the Media Bureau's Consolidated Database System (CDBS) online electronic filing system.25 In accordance with the Commission's rules, the electronic filing of acomplete FCC Form 301 must be accompanied by the appropriate application filing fee.26The information 2147 C.F.R. �� 1.2109(a), 73.5003. 2247 C.F.R. � 1.2109(d). 23See47 C.F.R. � 73.5005(a). 24See47 C.F.R. �� 1.2104(g), 1.2107(c), 73.5005(c). 25For information regarding electronic application filing, refer to "Mass Media Bureau Implements Mandatory Electronic Filing of FCC Forms 301, 314, and 315," Public Notice, DA 01-283, 16 FCC Rcd 3989 (MMB 2001). 26See Implementation of Section 309(j) of the Communications Act �Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket
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  • an attributable interest in the applicant, has an attributable interest in more than three media of mass communications, or in any existing media of mass communications in the ``same area'' as the broadcast facility proposed in this auction. 47 C.F.R. � 73.5007. See 47 C.F.R. � 73.5007(b)(1)-(3) for the specific service definitions of ``same area.'' See 47 C.F.R. �� 1.2107,1.2109, 73.5005; see also Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 �� 163-168 (1994). See generally 47 C.F.R. � 1.2109. See 47 C.F.R. �� 1.2105(b), 1.2106. 47 C.F.R. �� 1.65, 1.2105. Each of these rejected applicants will retain its status as an applicant
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-435A1_Rcd.pdf
  • entity with an attributable interest in the applicant, has an attributable interest in more than three media of mass communications, or in any existing media of mass communications in the "same area" as the broadcast facility proposed in this auction. 47 C.F.R. � 73.5007. See47 C.F.R. � 73.5007(b)(1)-(3) for the specific service definitions of "same area." 5See47 C.F.R. �� 1.2107,1.2109, 73.5005; see alsoImplementation of Section 309(j) of the Communications Act � Competitive Bidding, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 ��163-168 (1994). 6See generally 47 C.F.R. � 1.2109. 7See 47 C.F.R. �� 1.2105(b), 1.2106. 847 C.F.R. �� 1.65, 1.2105. 3422 disqualified from participation in Auction 91.9 In Auction 91, rejected short-form applications include
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  • (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, FCC 94-283, 9 FCC Rcd 6760 (1994). See also 47 C.F.R. � 1.1202(d)(1) Note 1. See Auction 91 Procedures Public Notice, 25 FCC Rcd at 16797-99 �� 30-37. For more detail, see Auction 91 Procedures Public 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-634A1_Rcd.pdf
  • �6:00 p.m. ET, Monday through Friday Auction Payments Instructions for Wiring Payments Auctions Accounting Group (202) 418-0578 Gail Glasser 50.To request materials in accessible formats (Braille, large print, electronic files, audio format) for people with disabilities, send an e-mail to fcc504@fcc.govor call the Consumer and Governmental 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. ��
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  • not submitted in accordance with the procedures described in this Public Notice. Applicants are encouraged to pay the FCC Form 301 application filing fee electronically using the CDBS filing system in order to avoid processing delays. Additional Post-Auction Filing Requirements When filing complete FCC Form 301 applications, each Auction 91 winning bidder must submit the post-auction exhibits required by section 73.5005(a) of the Commission's rules. Specifically, section 73.5005(a) requires that post-auction long-form applications include the exhibits mandated by section 1.2107(d) (providing a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement the applicant had entered into relating to the competitive bidding process); section 1.2110(j) (requiring an applicant claiming bidding
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-891A1_Rcd.pdf
  • submitted in accordance with the procedures described in this Public Notice. Applicants are encouraged to pay the FCC Form 301 application filing fee electronically using the CDBS filing system in order to avoid processing delays. H. Additional Post-Auction Filing Requirements 27.When filing complete FCC Form 301 applications, each Auction 91 winning bidder must submit the post-auction exhibits required by section 73.5005(a) of the Commission's rules. Specifically, 24See47 C.F.R. � 73.5005(a). In 2010, the Commission delegated authority to the Wireless Telecommunications and Media Bureaus, on an auction-by-auction basis, to extend past thirty days the filing deadline for the submission of post-auction long-form applications. Policies to Promote Rural Radio Service and to Streamline Allotment and Assignment Procedures, MB Docket No. 09-52, First Report
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  • 27, 2012 By the Chief, Audio Division: I. INTRODUCTION 1. The Commission has before it the July 26, 2011, request of Joseph C. Tesiero (``Tesiero''), for waiver of the post-auction Form 301 long-form application filing deadline. In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL''), we find that Tesiero apparently willfully violated Sections 73.3573(f)(5)(i) and 73.5005(a) of the Rules by failing to timely file a post-auction Form 301 application. Based upon our review of the facts and circumstances before us, we conclude that Tesiero is apparently liable for a monetary forfeiture in the amount of three thousand dollars ($3,000). We also grant Tesiero's waiver request and have accepted his application for filing. II. BACKGROUND 2. On
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  • attributable interest in the applicant, has an attributable interest in more than three media of mass communications, or in any existing media of mass communications in the ``same area'' as the broadcast facility proposed in this auction. 47 C.F.R. � 73.5007. See 47 C.F.R. � 73.5007(b)(1)-(3) for the specific service definitions of ``same area.'' See 47 C.F.R. �� 1.2107, 1.2109, 73.5005; see also Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 �� 163-168 (1994). See generally 47 C.F.R. � 1.2109. See 47 C.F.R. �� 1.2105(b), 1.2106. 47 C.F.R. �� 1.65, 1.2105. Each of these rejected applicants will retain its status as an applicant
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-148A1_Rcd.pdf
  • with an attributable interest in the applicant, has an attributable interest in more than three media of mass communications, or in any existing media of mass communications in the "same area" as the broadcast facility proposed in this auction. 47 C.F.R. � 73.5007. See47 C.F.R. � 73.5007(b)(1)-(3) for the specific service definitions of "same area." 5See47 C.F.R. �� 1.2107, 1.2109, 73.5005; see alsoImplementation of Section 309(j) of the Communications Act � Competitive Bidding, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 ��163-168 (1994). 6See generally 47 C.F.R. � 1.2109. 7See 47 C.F.R. �� 1.2105(b), 1.2106. 847 C.F.R. �� 1.65, 1.2105. 1301 disqualifiedfrom participation in Auction 93.9 Rejected short-form applications are applications in which the
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  • (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, FCC 94-283, 9 FCC Rcd 6760 (1994). See also 47 C.F.R. � 1.1202(d)(1) Note 1. See Auction 93 Procedures Public Notice, 26 FCC Rcd at 15494-96 �� 31-37. For more detail, see Auction 93 Procedures 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-374A1_Rcd.pdf
  • Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes," Public Notice, FCC 94- 283, 9 FCC Rcd 6760 (1994). See also47 C.F.R. � 1.1202(d)(1) Note 1. 36See Auction 93 Procedures Public Notice, 26 FCC Rcd at 15494-96 �� 31-37. 37For more detail, see Auction 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,
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  • not submitted in accordance with the procedures described in this Public Notice. Applicants are encouraged to pay the FCC Form 301 application filing fee electronically using the CDBS filing system in order to avoid processing delays. Additional Post-Auction Filing Requirements When filing complete FCC Form 301 applications, each Auction 93 winning bidder must submit the post-auction exhibits required by section 73.5005(a) of the Commission's rules. Specifically, section 73.5005(a) requires that post-auction long-form applications include the exhibits mandated by section 1.2107(d) (providing a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement the applicant had entered into relating to the competitive bidding process); section 1.2110(j) (requiring an applicant claiming bidding
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-600A1_Rcd.pdf
  • filed FCC Form 301 simultaneously with the Petition for Rule Making or counterproposal to allot the channel for which it submitted the winning bid need only file an amendment to its existing FCC Form 301 application for that channel, if necessary.24The long-form applications must be filed electronically 2047 C.F.R. �� 1.2109(a), 73.5003, 73.5006(d). 2147 C.F.R. � 1.2109(d). 22See47 C.F.R. � 73.5005(a). In 2010, the Commission delegated authority to the Wireless Telecommunications and Media Bureaus, on an auction-by-auction basis, to extend past thirty days the filing deadline for the submission of post-auction long-form applications. Policies to Promote Rural Radio Service and to Streamline Allotment and Assignment Procedures, MB Docket No. 09-52, First Report and Order and Further Notice of Proposed Rule Making,
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  • 47 C.F.R. �� 1.2104(g)(2), 1.2109(b). 31 U.S.C. � 3701(b)(1). See Request for Waiver of Kankakee Valley Broadcasting Co., Inc. (dated June 22, 2006) (``Request for Waiver''). Specifically, Kankakee sought a waiver of the requirement to make its down payment within the time period established by Section 1.2107(b), as well as a waiver of the application filing deadline prescribed by Section 73.5005(a). Id. See Kankakee MO&O, 22 FCC Rcd at 8593 � 5, 8598 �� 16-18. See also 47 C.F.R. �� 1.2104(g)(2) and 1.2109(b). See Auction of FM Broadcast Construction Permits Closes; Winning Bidders Announced for Auction 93, Public Notice, DA 12-600 (rel. April 17, 2012) (``Auction 93 Closing Public Notice''). 47 C.F.R � 1.2104(g)(2). Id. 47 C.F.R. �� 1.2104(g)(2), 1.2109(b). 47
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  • Notice''). 47 C.F.R. � 1.2104(g)(2); see also Auction 62 Closing Public Notice, 21 FCC Rcd at 1074-75. See Auction 62 Closing Public Notice, 21 FCC Rcd at 1081. See id. at 1071-72; see also 47 C.F.R. � 1.2107(b). See Auction 62 Closing Public Notice, 21 FCC Rcd at 1072. See id. at 1071, 1076; see also 47 C.F.R. �� 1.2107(c), 73.5005(a)(2006). See Auction 62 Closing Public Notice, 21 FCC Rcd at 1072. See id. at 1081. See id. at 1097. On February 8, 2006, Commission staff sent to Talkline a pre-filled Remittance Advice (Form 159) showing the amount of Talkline's down payment and final payment in an overnight mailing that also included a copy of the Auction 62 Closing Public Notice.
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  • 19, 1999. The auction commenced on September 28 and closed on October 8, 1999. Liberty was the high bidder, followed by BFBFM, Orion, and Willsyr, and the adjudicatory proceeding was resumed to consider the false certification issue involving Liberty's transmitter site and Liberty was afforded an opportunity to file a supplemental brief on that issue. 6. In accordance with Section 73.5005 of the Commission's Rules, 47 C.F.R. � 73.5005, Liberty submitted an amendment to its long-form application on November 10, 1999. Two of the unsuccessful bidders, Orion and Willsyr, filed oppositions to Liberty's November 10, 1999 amendment of its long-form application. Following the resumption of the adjudicatory proceeding on November 23, 1999, Orion, Willsyr and BFBFM also filed motions to enlarge
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  • protection set forth in Section 73.622(f) to: NTSC and DTV stations, construction permits and allotments; (B) petitions for rulemaking for new DTV allotments for which a Commission announced comment period has passed prior to the filing date of the DTV application; and (C) earlier-filed and accepted for filing applications for new NTSC stations submitted by: post-auction winners pursuant to Section 73.5005 of the Rules; applicants with a settlement agreement on-file with the Commission that would result in the grant of the NTSC application; and cut-off singleton applicants. (ii) DTV applications pending as of (adoption date of the Report and Order) that do not provide the interference protection set forth in Section 73.622(f) of the Rules to other DTV applications pending as
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  • allotments filed on or before January 18, 2001 for which a Notice of Proposed Rule Making had not been released, and (D) applications for new NTSC stations that are not covered by paragraph (h)(1)(ii)(G) of this section and were filed and accepted for filing on or before January 18, 2001 that: (1) were filed by post-auction winners pursuant to Section 73.5005 of the Rules, (2) are part of a settlement agreement on-file with the Commission that would result in the grant of the NTSC application, or (3) are cut-off singletons. (2) DTV applications for a construction permit or a modified construction permit filed after January 18, 2001: (i) shall be afforded the interference protection set forth in paragraph (c) or (d)
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  • accordance with 47 C.F.R. � 73.3513 and with the same number of copies as the originally filed long-form application. The amendment may not constitute a major change from either the technical or legal proposal specified in the previously filed long-form application. Any amendment shall include, to the extent not already provided by Unity, the exhibits mandated by 47 C.F.R. �� 73.5005(a), 1.2107(d), 1.2110(j), and 1.2112(a) and (b). After the 30-day amendment period, Unity's application will be placed on public notice, starting the period for filing any petitions to deny. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary Abundant Life, Inc., 16 FCC Rcd 4972 (2001) (``Abundant Life''), appeal docketed, Unity Broadcasters v. F.C.C., No. 01-1148 (D.C. Cir. Filed March 28, 2001).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-69A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-69A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-69A1.txt
  • accordance with 47 C.F.R. � 73.3513 and with the same number of copies as the originally filed long-form application. The amendment may not constitute a major change from either the technical or legal proposal specified in the previously filed long-form application. Any amendment shall include, to the extent not already provided by Copeland, the exhibits mandated by 47 C.F.R. �� 73.5005(a), 1.2107(d), 1.2110(j),and 1.2112(a) and (b). After the 30-day amendment period, Copeland's application will be placed on public notice, starting the period for filing any petitions to deny. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary Attachment A Requesting Refund Instructions In order to process refund requests, the FCC must receive wire transfer instructions that include the following information: Name and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-44A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-44A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-44A1.txt
  • any short-form applications received which are found to be non-mutually exclusive, including any applications for noncommercial educational broadcast stations, as described in 47 U.S.C. � 397(6). All non-mutually exclusive applicants will be required to submit an appropriate long form application within 30 days of the Public Notice and, for applicants for commercial broadcast stations, pursuant to the provisions of � 73.5005(d). Non-mutually exclusive applications for commercial broadcast stations will be processed and the FCC will periodically release a Public Notice listing such non-mutually exclusive applications determined to be acceptable for filing and announcing a date by which petitions to deny must be filed in accordance with the provisions of �� 73.5006 and 73.3584. Non-mutually exclusive applications for noncommercial educational broadcast stations,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-98A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-98A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-98A1.txt
  • business, as defined in this section, or a consortium of very small businesses may use the bidding credit specified in � 1.2110(f)(2)(ii) of this chapter. A winning bidder that qualifies as a small business, as defined in this section, or a consortium of small businesses may use the bidding credit specified in � 1.2110(f)(2)(iii) of this chapter. 34. Amend � 73.5005 by revising paragraph (a) to read as follows: � 73.5005 Filing of long-form applications. (a) Within thirty (30) days following the close of bidding and notification to the winning bidders, each winning bidder must submit an appropriate long-form application (FCC Form 301, FCC Form 346, FCC Form 349 or FCC Form 330) for each construction permit or license for which
• 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
  • sum by the applicable deadline as specified by the Commission, it will be allowed to make payment within ten (10) business days after the payment deadline, provided that it also pays a late fee equal to five (5) percent of the amount due. Broadcast construction permits licenses will be granted by the Commission following the receipt of full payment. Section 73.5005 is amended by revising paragraph (a) to read as follows: � 73.5005 Filing of long-form applications. (a) Within thirty (30) days following the close of bidding and notification to the winning bidders, each winning bidder must submit an appropriate long-form application (FCC Form 301, FCC Form 346, or FCC Form 349) for each construction permit or license for which it
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-220A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-220A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-220A1.txt
  • seq. Such applicants shall be afforded an opportunity to submit settlements and engineering solutions to resolve mutual exclusivity pursuant to Section 73.5002(d). (D) After the close of the window, a Public Notice will identify short-form applications received that are found to be non-mutually exclusive. All non-mutually exclusive applicants will be required to submit an FCC Form 346 pursuant to Section 73.5005. Such applications shall be processed pursuant to Section 73.5006. (E) With regard to fees, an application (FCC Form 346) for companion digital channels shall be treated as a minor change application and there will be no application fee. (3) Construction permit applications for new stations, major changes to existing stations in the low power television service. A Public Notice will
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-19A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-19A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-19A1.txt
  • 17 FCC Rcd 19746, 19749 - 50 � 7 (Wireless Telecomm. Bur. 2002) (Telesaurus Order) (explaining the two-phase auction process in detail). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2376 � 163 (1994) (Competitive Bidding Second Report and Order). See 47 C.F.R. � 73.5005; see also 47 C.F.R. � 1.2107. Broadcast First Reconsideration Order, 14 FCC Rcd at 8750 � 52. 47 C.F.R. � 1.2108. See Competitive Bidding Second Report and Order, 9 FCC Rcd at 2376 �� 162 - 63 ("Submission of a short-form application prior to the auction, we noted, would reduce the administrative burdens of the initial stages of the auction
• 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
  • at Time of Filing'' Criteria for New and Major Change Applications in the AM Broadcast Service 26 Background 26 Discussion 27 F. Codify the Permissibility of Non-Universal Engineering Solutions and Settlement Proposals 29 Background 29 Discussion 30 G. Cap on Number of AM Applications That May Be Filed in an Auction Window 31 Background 31 Discussion 32 H. Modify Section 73.5005 to Provide Flexibility in the Deadline for Filing Post-Auction Long-Form Applications 34 Background 34 Discussion 35 I. Prohibit FM Translator ``Band Hopping'' Applications 36 Background 36 Discussion 38 J. Codify Technical Standards for Determining AM Nighttime Mutual Exclusivity among Window-Filed AM Applications 39 Background 39 Discussion 41 K. Clarify Application of the New Entrant Bidding Credit Unjust Enrichment Rule 42
• 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
  • at Time of Filing'' Criteria for AM New and Major Change Applications 32 Background 32 Discussion 34 D. Codify the Permissibility of Non-Universal Engineering Solutions and Settlement Proposals 38 Background 38 Discussion 40 E. Delegate Authority to Cap the Number of AM Applications That May Be Filed in a Short-Form Filing Window 42 Background 42 Discussion 43 F. Modify Section 73.5005 to Provide Flexibility in the Deadline for Filing Post-Auction Long-Form Applications 47 Background 47 Discussion 48 G. Clarify Application of the New Entrant Bidding Credit Unjust Enrichment Rule 49 Background 49 Discussion 50 H. Clarify Maximum New Entrant Bidding Credit Eligibility 57 Background 57 Discussion 60 iII. further notice of proposed rule making....................................................64 A. Implement a Tribal Bidding Credit.................................................................. .........64
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-190A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-190A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-190A1.txt
  • Upfront Payments, and Other Procedures for Auction 91, Public Notice, 25 FCC Rcd 16787, 16790 (MB/WTB 2010) (once mutual exclusivity exists for auction purposes, even if only one applicant for a particular construction permit submits an upfront payment, that applicant is required to submit a bid in order to obtain the construction permit). See id. �� 1.2107, 1.2109, 1.2112, 73.5003, 73.5005. See First R&O, 25 FCC Rcd at 1586, 1593, 1596-97. Id. at 1593. Cf. 47 C.F.R. � 73.7002(c). See supra paragraph 8 regarding qualifications for the Tribal Priority. The original Tribal Allotment proponent may make such a request by sending a letter to the staff of the Audio Division, Media Bureau, during the TQ Window. The time between adding a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-28A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-28A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-28A1.txt
  • for applications for new AM stations and major changes to AM facilities (id. at 1600-03); codified the permissibility of non-universal engineering solutions and settlement proposals (id. at 1604); delegated to the Media Bureau (``Bureau'') the authority to cap the number of applications that may be filed in a short-form filing window for new AM facilities (id. at 1605-07); modified Section 73.5005 of the Rules to provide flexibility in the deadline for filing post-auction long-form applications (id. at 1607-08); clarified application of the new entrant bidding credit unjust enrichment rule (id. at 1612-14); and clarified maximum new entrant bidding credit eligibility (id. at 1616). Id. at 1616. Id. at 1615-16. Id. at 1614. As defined in the First R&O, ``tribal lands'' means
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • (1988). G. Item 10: Auction Authorization. The Commission's Part 1 auction rules require all winning bidders for construction permits or licenses to include certain exhibits with their long-form applications. If this application is being submitted to obtain a construction permit for which the applicant was a winning bidder in an auction, then the applicant must, pursuant to 47 C.F.R. Section 73.5005(a), include an exhibit containing the information required by the following Part 1 auction rules, if applicable. 1. Section 1.2107(d) requires the applicant to provide a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement it had entered into relating to the competitive bidding process. See 47 C.F.R. Section
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01024.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01024.txt
  • will not rescind the grant of the NTSC construction permit. Rather, we will condition the grant of all future NTSC minor change applications on acceptance 111 Id. 112 Id. at 5276-77. 113 We define "post-auction" applications as the long form application (FCC Form 301) filed by the winning bidder following the completion of a broadcast auction. See 47 C.F.R. � 73.5005. 114 We estimate that there are approximately 20 applications in these three categories. The cut-off singleton applications remain pending for a variety of legal and technical reasons. 115 Notice, supra at 5276-77. Federal Communications Commission FCC 01-24 24 of interference from any proposed DTV facility which was filed on or before the NTSC grant date. 54. With respect to pending
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01330.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01330.txt
  • allotments filed on or before January 18, 2001 for which a Notice of Proposed Rule Making had not been released, and (D) applications for new NTSC stations that are not covered by paragraph (h)(1)(ii)(G) of this section and were filed and accepted for filing on or before January 18, 2001 that: (1) were filed by post-auction winners pursuant to Section 73.5005 of the Rules, (2) are part of a settlement agreement on-file with the Commission that would result in the grant of the NTSC application, or (3) are cut-off singletons. (2) DTV applications for a construction permit or a modified construction permit filed after January 18, 2001: (i) shall be afforded the interference protection set forth in paragraph (c) or (d)
• http://transition.fcc.gov/fcc-bin/audio/FCC-99-55A1.doc http://transition.fcc.gov/fcc-bin/audio/FCC-99-55A1.pdf
  • frequency or co-channel or the same class adjacent channel of its existing FM broadcast station authorization by filing a minor change application. Other requests for change in frequency or community of license for FM stations must first be submitted in the form of a petition for rule making to amend the Table of Allotments. Long-form applications submitted pursuant to � 73.5005 for a new FM broadcast service may propose a higher or lower class adjacent channel, intermediate frequency or co-channel. For reserved frequency noncommercial educational and Class D FM stations, a major change is any change in community of license, any change in frequency except changes to first, second or third adjacent channels, and any change in antenna location where the
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • devices. [ [812]Public Notice, July 2, 1976 ] [813]TEXT [814]PDF 73.4280 Character evaluation of broadcast applicants. Subpart I -- Competitive Bidding Procedures [815]TEXT [816]PDF 73.5000 Services subject to competitive bidding. [817]TEXT [818]PDF 73.5002 Application and certification procedures; return of mutually exclusive applications not subject to competitive bidding procedures; prohibition of collusion. [819]TEXT [820]PDF 73.5003 Submission of full payments. [821]TEXT [822]PDF 73.5005 Filing of long-form applications. [823]TEXT [824]PDF 73.5006 Filing of petitions to deny against long-form applications. [825]TEXT [826]PDF 73.5007 Designated entity provisions. [827]TEXT [828]PDF 73.5008 Definitions applicable for designated entity provisions. [829]TEXT [830]PDF 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.
• http://wireless.fcc.gov/auctions/25/releases/da991800.pdf
  • to any Federal agency. Prospective bidders are reminded that submission of a false certification to the Commission is a serious matter that may result in severe penalties, including monetary forfeitures, license revocations, exclusion from participation in future auctions, and/or criminal prosecution. 6 See Nevada Wireless, 13 FCC Rcd at 11978, � 13. 7 See 47 C.F.R. � 1.65. 8 Section 73.5005(a) of the Commission's rules requires that post-auction filings include the exhibits required by 47 C.F.R. Section 1.2107(d) (concerning any bidding consortia, joint bidding arrangements or other agreements relating to the competitive bidding process); Section 1.2110(i) (concerning designated entity status, if applicable); and Section 1.2112(a) & (b) (concerning disclosure of ownership and real party in interest information.) 9 See 47 C.F.R.
• http://wireless.fcc.gov/auctions/25/releases/da992153.doc http://wireless.fcc.gov/auctions/25/releases/da992153.pdf http://wireless.fcc.gov/auctions/25/releases/da992153.txt
  • 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). Applicants that entered into joint bidding arrangements are reminded that a full, post-auction disclosure is required of the terms, conditions and parties involved in any bidding consortia, joint venture, partnership or other agreement or arrangement it entered into prior to the completion of bidding. Additional Post-Auction Filing Requirements. Section 73.5005(a) of the Commission's rules requires that post auction filings include the exhibits mandated by 47 C.F.R. � 1.2107(d) (concerning the terms, conditions and parties involved in any bidding consortia, joint venture, partnership or other agreement or arrangement the applicant had entered into relating to the competitive bidding process); 47 C.F.R. � 1.2110 (i) (concerning a description of how the applicant
• 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
  • Participate in an FCC Auction Section 73.3522 is amended to read as follows: � 73.3522 Amendment of applications. (a) Broadcast services subject to competitive bidding. (1) Applicants in all broadcast services subject to competitive bidding will be subject to the provisions of �� 73.5002 and 1.2105(b) regarding the modification of their short-form applications. (2) Subject to the provision of � 73.5005, if it is determined that a long form application submitted by a winning bidder or a non-mutually exclusive applicant for a new station or a major change in an existing station in all broadcast services subject to competitive bidding is substantially complete, but contains any defect, omission, or inconsistency, a deficiency letter will be issued affording the applicant an opportunity
• 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
  • applicant is qualified, a public notice will be issued announcing that the construction permit is ready to be granted. Auction winners are required to pay the balance of their winning bids in a lump sum within ten business days following the release of this public notice. See First Report and Order, 13 FCC Rcd at 15983-86; 47 C.F.R. �� 73.5003, 73.5005, 73.5006. These broadcast auction procedures follow the Commission's Part 1 auction rules, under which only winning bidders are required to submit long-form applications and petitions to deny are entertained only against the long-form applications of winning bidders. See 47 C.F.R. �� 1.2107, 1.2108, 1.2109.74 53. Pleadings. Several petitioners contend that Section 309(j)(1) and Section 309(j)(6)(E) show 75 the intent of
• http://wireless.fcc.gov/auctions/27/releases/da992154.doc http://wireless.fcc.gov/auctions/27/releases/da992154.pdf http://wireless.fcc.gov/auctions/27/releases/da992154.txt
  • 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). Applicants that entered into joint bidding arrangements are reminded that a full, post-auction disclosure is required of the terms, conditions and parties involved in any bidding consortia, joint venture, partnership or other agreement or arrangement it entered into prior to the completion of bidding. Additional Post-Auction Filing Requirements. Section 73.5005(a) of the Commission's rules requires that post auction filings include the exhibits mandated by 47 C.F.R. � 1.2107(d) (concerning the terms, conditions and parties involved in any bidding consortia, joint venture, partnership or other agreement or arrangement the applicant had entered into relating to the competitive bidding process); 47 C.F.R. � 1.2110 (i) (concerning a description of how the applicant
• http://wireless.fcc.gov/auctions/28/releases/da000405.doc http://wireless.fcc.gov/auctions/28/releases/da000405.pdf http://wireless.fcc.gov/auctions/28/releases/da000405.txt
  • MX Groups SST1 and SST2 from Auction No. 28 does not effect the acceptance of Trinity Broadcasting Network's short-form (Form 175) application in SST10. See ``Supplemental Closed Broadcast Auction Public Notice,'' DA 99-2958 (rel. December 23, 1999). See ``Wireless Telecommunications Bureau clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). Section 73.5005(a) of the Commission's rules requires that post-auction filings include the exhibits required by 47 C.F.R. Section 1.2107(d) (concerning any bidding consortia, joint bidding arrangements or other agreements relating to the competitive bidding process); Section 1.2110(i) (concerning designated entity status, if applicable); and Section 1.2112(a) & (b) (concerning disclosure of ownership and real party in interest information.) See 47 C.F.R. ��
• http://wireless.fcc.gov/auctions/28/releases/da000690.doc http://wireless.fcc.gov/auctions/28/releases/da000690.pdf http://wireless.fcc.gov/auctions/28/releases/da000690.txt
  • 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). Applicants that entered into joint bidding arrangements are reminded that a full, post-auction disclosure is required of the terms, conditions and parties involved in any bidding consortia, joint venture, partnership or other agreement or arrangement it entered into prior to the completion of bidding. Additional Post-Auction Filing Requirements. Section 73.5005(a) of the Commission's rules requires that post auction filings include the exhibits mandated by 47 C.F.R. � 1.2107(d) (concerning the terms, conditions and parties involved in any bidding consortia, joint venture, partnership or other agreement or arrangement the applicant had entered into relating to the competitive bidding process); 47 C.F.R. � 1.2110 (i) (concerning a description of how the applicant
• http://wireless.fcc.gov/auctions/28/releases/fc980194.pdf http://wireless.fcc.gov/auctions/28/releases/fc980194.txt http://wireless.fcc.gov/auctions/28/releases/fc980194.wp
  • Participate in an FCC Auction Section 73.3522 is amended to read as follows: � 73.3522 Amendment of applications. (a) Broadcast services subject to competitive bidding. (1) Applicants in all broadcast services subject to competitive bidding will be subject to the provisions of �� 73.5002 and 1.2105(b) regarding the modification of their short-form applications. (2) Subject to the provision of � 73.5005, if it is determined that a long form application submitted by a winning bidder or a non-mutually exclusive applicant for a new station or a major change in an existing station in all broadcast services subject to competitive bidding is substantially complete, but contains any defect, omission, or inconsistency, a deficiency letter will be issued affording the applicant an opportunity
• 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
  • applicant is qualified, a public notice will be issued announcing that the construction permit is ready to be granted. Auction winners are required to pay the balance of their winning bids in a lump sum within ten business days following the release of this public notice. See First Report and Order, 13 FCC Rcd at 15983-86; 47 C.F.R. �� 73.5003, 73.5005, 73.5006. These broadcast auction procedures follow the Commission's Part 1 auction rules, under which only winning bidders are required to submit long-form applications and petitions to deny are entertained only against the long-form applications of winning bidders. See 47 C.F.R. �� 1.2107, 1.2108, 1.2109.74 53. Pleadings. Several petitioners contend that Section 309(j)(1) and Section 309(j)(6)(E) show 75 the intent of
• http://wireless.fcc.gov/auctions/32/releases/da002142.doc http://wireless.fcc.gov/auctions/32/releases/da002142.pdf http://wireless.fcc.gov/auctions/32/releases/da002142.txt
  • Public Notice, 15 FCC Rcd 1910 (2000). A Remedial Filing Window from July 31, to August 4, 2000 was established for certain specified entities. See AM Auction Remedial Filing Window, Notice and Filing Requirements Regarding July 31-August 4, 2000 Remedial Filing Window for AM Auction, Public Notice, DA 00-1582 (July 14, 2000). See 47 U.S.C. � 309(j); 47 C.F.R. � 73.5005(d); First Report and Order, Implementation of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, 13 FCC Rcd 15920, 15944 (1998) (``Broadcast Auction First Report and Order''). See 47 U.S.C. � 8; 47 C.F.R. �� 0.401(b), 1.1104, 1.1109, 1.1110, 73.5005(d), 73.3512. Effective September 11, 2000, this fee is $3,010.00. See schedule
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  • regarding the manual filing of Form 175 applications and Form 301 Section I and the Tech Box of Section III-A submissions, see Attachments A and B. Pursuant to the Commission's broadcast competitive bidding rules, only a winning bidder will be required to submit a complete long-form application, FCC Form 301, following the close of the auction. See 47 C.F.R. � 73.5005. FM applicants. FM Auction No. 37 is scheduled to begin on December 5, 2001. The Bureaus have sought comment and established competitive bidding procedures for Auction No. 37. The Bureaus will open a window for the filing of FCC Form 175 applications for Auction No. 37 on September 24, 2001, and all such applications must be filed by October 5,
• 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
  • applicant is qualified, a public notice will be issued announcing that the construction permit is ready to be granted. Auction winners are required to pay the balance of their winning bids in a lump sum within ten business days following the release of this public notice. See First Report and Order, 13 FCC Rcd at 15983-86; 47 C.F.R. �� 73.5003, 73.5005, 73.5006. These broadcast auction procedures follow the Commission's Part 1 auction rules, under which only winning bidders are required to submit long-form applications and petitions to deny are entertained only against the long-form applications of winning bidders. See 47 C.F.R. �� 1.2107, 1.2108, 1.2109.74 53. Pleadings. Several petitioners contend that Section 309(j)(1) and Section 309(j)(6)(E) show 75 the intent of
• http://wireless.fcc.gov/auctions/37/releases/da010119.doc http://wireless.fcc.gov/auctions/37/releases/da010119.txt
  • days following the release of the FM auction closing public notice, winning bidders must submit a properly completed Form 301, Application for FM Construction Permit, and required exhibits, for each construction permit won through Auction No. 37. Winning bidders claiming new entrant status must include an exhibit demonstrating their eligibility for the bidding credit. See 47 C.F.R. �� 1.2112(b) and 73.5005. Further filing instructions will be provided to auction winners at the close of the auction. Auction Discount Voucher On June 8, 2000, the Commission awarded Qualcomm, Inc. a transferable Auction Discount Voucher in the amount of $125,273,878.00. This Auction Discount Voucher may be used by Qualcomm or its transferee, in whole or in part, to adjust a winning bid in
• http://wireless.fcc.gov/auctions/37/releases/da010119e.pdf
  • days following the release of the FM auction closing public notice, winning bidders must submit a properly completed Form 301, Application for FM Construction Permit, and required exhibits, for each construction permit won through Auction No. 37. Winning bidders claiming new entrant status must include an exhibit demonstrating their eligibility for the bidding credit. See 47 C.F.R. �� 1.2112(b) and 73.5005. Further filing instructions will be provided to auction winners at the close of the auction. C. Auction Discount Voucher On June 8, 2000, the Commission awarded Qualcomm, Inc. a transferable Auction Discount Voucher in the amount of $125,273,878.00.67 This Auction Discount Voucher may be used by Qualcomm or its transferee, in whole or in part, to adjust a winning bid
• http://wireless.fcc.gov/auctions/64/resources/Auc_64_08_Payment_Filing%20revA.pdf
  • application on file, no filing fees is required. required. If the winning bidder has never filed before If the winning bidder has never filed before then the filing fee is required. then the filing fee is required. Fees can be paid electronically using the Fees can be paid electronically using the CDBS. CDBS. 1/9/2006 1/9/2006 Required exhibits Required exhibits Section 73.5005(a) of the Commission Section 73.5005(a) of the Commission''s rules requires that post auction s rules requires that post auction long long--form applications include the exhibits mandated by: Section form applications include the exhibits mandated by: Section 1.2107(d) (providing a detailed explanation of the terms, condit 1.2107(d) (providing a detailed explanation of the terms, conditions, ions, and parties involved in any
• http://wireless.fcc.gov/auctions/80/releases/da000594.doc http://wireless.fcc.gov/auctions/80/releases/da000594.pdf http://wireless.fcc.gov/auctions/80/releases/da000594.txt
  • New Television Station Channel 52 at Blanco, Texas, `` Public Notice, DA 99-2824, released December 17, 1999 (``Blanco Auction Public Notice''); window extended per Public Notice, DA 00-135, released January 27, 2000. See 47 C.F.R. � 1.65 See ``Wireless Telecommunications Bureau clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). Section 73.5005(a) of the Commission's rules requires that post-auction filings include the exhibits required by 47 C.F.R. Section 1.2107(d) (concerning any bidding consortia, joint bidding arrangements or other agreements relating to the competitive bidding process); Section 1.2110(i) (concerning designated entity status, if applicable); and Section 1.2112(a) & (b) (concerning disclosure of ownership and real party in interest information.) See 47 C.F.R. ��
• http://wireless.fcc.gov/auctions/80/releases/da000863.doc http://wireless.fcc.gov/auctions/80/releases/da000863.pdf http://wireless.fcc.gov/auctions/80/releases/da000863.txt
  • - See ``Auction Filing Window for New Television Station Channel 52 at Blanco, Texas,'' Public Notice, DA 99-2824, released December 17, 1999 (``Blanco Auction Public Notice''); window extended per Public Notice, DA 00-135, released January 27, 2000. See ``Wireless Telecommunications Bureau clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). Section 73.5005(a) of the Commission's rules requires that post-auction filings include the exhibits required by 47 C.F.R. Section 1.2107(d) (concerning any bidding consortia, joint bidding arrangements or other agreements relating to the competitive bidding process); Section 1.2110(i) (concerning designated entity status, if applicable); and Section 1.2112(a) and (b) (concerning disclosure of ownership and real party in interest information.) See 47 C.F.R. ��
• 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
  • Standard Time, January 28, 2000. See Attachments A, B, and C for more information regarding the completion of Form 175, including information on bidding credits and designated entities. Pursuant to the Commission's broadcast competitive bidding rules, only the winning bidder will be required to submit a long form (FCC Form 301) following the close of the auction. See 47 C.F.R. 73.5005. For additional information, contact Shaun Maher at the Video Services Division, Mass Media Bureau at (202) 418-1600. List of Attachments: Attachment A: Pre-Auction Procedures Attachment B: Guidelines for Completion of FCC Form 175 and Exhibits Attachment C: Eligibility for New Entrant Bidding Credit; Ownership Disclosure Requirements; Consortia and Joint Bidding Arrangements Attachment D: Electronic Filing and Review of the FCC
• http://wireless.fcc.gov/auctions/81/releases/da010383.doc http://wireless.fcc.gov/auctions/81/releases/da010383.pdf http://wireless.fcc.gov/auctions/81/releases/da010383.txt
  • III of FCC Form 346. Class A television filers were required also to submit Section I and the Tech Box portion of Section III of FCC Form 301-CA. See Limited Low Power Television/Television Translator/Class A Television Auction Filing Window Partially Extended to August 31, 2000, Public Notice, DA 00-1648, July 25, 2000. See 47 U.S.C. � 309(j); 47 C.F.R. � 73.5005(d); First Report and Order, Implementation of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, 13 FCC Rcd 15920, 15944 (1998) (``Broadcast Auction First Report and Order''). See 47 U.S.C. � 8; 47 C.F.R. �� 0.401(b), 1.1104, 1.1109, 1.1110, 73.5005(d), 73.3512. See 47 C.F.R. � 1.1104 and the Mass Media Bureau
• http://wireless.fcc.gov/auctions/81/releases/da011288.doc http://wireless.fcc.gov/auctions/81/releases/da011288.pdf http://wireless.fcc.gov/auctions/81/releases/da011288.txt
  • Tech Box portion of Section III of FCC Form 301-CA. See Limited Low Power Television/Television Translator/Class A Television Auction Filing Window Partially Extended to August 31, 2000, Public Notice, DA 00-1648, July 25, 2000. Other non-mutually exclusive proposals from this window were identified on Public Notice, DA 01-383, released February 13, 2001. See 47 U.S.C. � 309(j); 47 C.F.R. � 73.5005(d); First Report and Order, Implementation of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, 13 FCC Rcd 15920, 15944 (1998) (``Broadcast Auction First Report and Order''). See 47 U.S.C. � 8; 47 C.F.R. �� 0.401(b), 1.1104, 1.1109, 1.1110, 73.5005(d), 73.3512. See 47 C.F.R. � 1.1104 and the Mass Media Bureau
• 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
  • for short-form applications for Auction No. 82 and will accept manually-filed short-form applications. For more information regarding the manual filing of short-form applications, see Attachments A and B. Pursuant to the Commission's broadcast competitive bidding rules, only the winning bidder will be required to submit a long form (FCC Form 301) following the close of the auction. See 47 C.F.R. 73.5005. If the winning bidder is the applicant listed above, then the winning bidder will only be required to file amendments necessary to make their pending application accurate and complete. For additional information, contact Shaun Maher at the Video Services Division, Mass Media Bureau at (202) 418-1600. List of Attachments: Attachment A: Pre-Auction Procedures Attachment B: Guidelines for Completion of FCC
• http://wireless.fcc.gov/auctions/82/releases/da020004.pdf http://wireless.fcc.gov/auctions/82/releases/da020004.txt
  • 13 The Commission recently amended Section 1.2105 to require auction applicants to report prohibited communications in writing to the Commission immediately, but in no case later than five business days after the communication occurs. Amendment of Part 1 of the Commission's Rules � Competitive Bidding Procedures, Seventh Report and Order, FCC 00-1270, at 10 (rel. Sept. 27, 2001). 14 Section 73.5005(a) of the Commission's rules requires that post-auction filings include the exhibits required by 47 C.F.R. Section 1.2107(d) (concerning any bidding consortia, joint bidding arrangements or other agreements relating to the competitive bidding process); Section 1.2110(i) (concerning designated entity status, if applicable); and Section 1.2112(a) and (b) (concerning disclosure of ownership and real party in interest information.) 15 See 47 C.F.R.
• http://wireless.fcc.gov/auctions/82/releases/da020355.pdf http://wireless.fcc.gov/auctions/82/releases/da020355.txt
  • System (CDBS).7 Paper versions of the FCC Form 301 (March 2001 version) will not be accepted for filing unless accompanied by an appropriate request for waiver of the electronic filing requirement. Users can access the electronic filing system via the Internet from the Mass Media Bureau's Web Site at: http: //www.fcc.gov/mmb 5 47 C.F.R. � 1.2104(g)(2). 6 47 C.F.R. � 73.5005(a). 7 See "Mass Media Bureau Implements Mandatory Electronic Filing of FCC Forms 301, 314, and 315," Public Notice, 16 FCC Rcd 3989 (MMB 2001). 5 Instructions for use of the electronic filing system are available in the CDBS User's Guide which can be acessed from the electronic filing web site. For technical assistance with electronic filing, call the Mass Media
• http://wireless.fcc.gov/auctions/85/bidding/Post-AuctionProcedures.pdf
  • bidder File Form 301-CA or 346 electronically through Media Bureau CDBS electronic filing system CDBS URL: http://svartifoss2.fcc.gov/prod/cdbs/forms/prod/cdbs_ef.htm Commission registration system (CORES) URL: https://svartifoss2.fcc.gov/coresWeb/publicHome.do continued CDBS CDBS HELP DESK: 202-418-2662 EMAIL: cdbshelp@fcc.gov If you need help to fill out the form call Video Division at 202-418-1600. FEES There is no application filing fee for these minor change proposals. Required Exhibits Section 73.5005(a) of the Commission's rules requires that post auction long-form applications in clude the exhibits mandated by: Section 1.2107(d) (providing a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement the applicant had entered into relating to the competitive bidding process); Section 1.2110(j) (requiring an applicant claiming designated entity
• http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
  • Commission's reference to the "course of the Part 1 proceeding" includes the modifications adopted in the Part 1 Third Report and Order. 21 When the Commission departed from the Part 1 general competitive bidding rules the Commission so indicated in the rule itself and/or the respective proceeding that adopted the rule. For example, in the Radio Broadcast Services context, section 73.5005, the service-specific rule that outlines the long-form application procedures, is retained because this rule departs from the general competitive long-form application rule in section 1.2107. 47 C.F.R. �� 1.2107 and 73.5005. Implementation of Section 309(j) of the Communications Act � Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, First Report and Order, 13 FCC Rcd 15920, 15984,
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • (1988). G. Item 10: Auction Authorization. The Commission's Part 1 auction rules require all winning bidders for construction permits or licenses to include certain exhibits with their long-form applications. If this application is being submitted to obtain a construction permit for which the applicant was a winning bidder in an auction, then the applicant must, pursuant to 47 C.F.R. Section 73.5005(a), include an exhibit containing the information required by the following Part 1 auction rules, if applicable. 1. Section 1.2107(d) requires the applicant to provide a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement it had entered into relating to the competitive bidding process. See 47 C.F.R. Section
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99055.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99055.txt http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99055.wp
  • frequency or co-channel or the same class adjacent channel of its existing FM broadcast station authorization by filing a minor change application. Other requests for change in frequency or community of license for FM stations must first be submitted in the form of a petition for rule making to amend the Table of Allotments. Long-form applications submitted pursuant to � 73.5005 for a new FM broadcast service may propose a higher or lower class adjacent channel, intermediate frequency or co-channel. For reserved frequency noncommercial educational and Class D FM stations, a major change is any change in community of license, any change in frequency except changes to first, second or third adjacent channels, and any change in antenna location where the
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01024.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01024.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01024.txt
  • protection set forth in Section 73.622(f) to: NTSC and DTV stations, construction permits and allotments; (B) petitions for rulemaking for new DTV allotments for which a Commission announced comment period has passed prior to the filing date of the DTV application; and (C) earlier-filed and accepted for filing applications for new NTSC stations submitted by: post-auction winners pursuant to Section 73.5005 of the Rules; applicants with a settlement agreement on-file with the Commission that would result in the grant of the NTSC application; and cut-off singleton applicants. (ii) DTV applications pending as of (adoption date of the Report and Order) that do not provide the interference protection set forth in Section 73.622(f) of the Rules to other DTV applications pending as
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01330.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01330.txt
  • allotments filed on or before January 18, 2001 for which a Notice of Proposed Rule Making had not been released, and (D) applications for new NTSC stations that are not covered by paragraph (h)(1)(ii)(G) of this section and were filed and accepted for filing on or before January 18, 2001 that: (1) were filed by post-auction winners pursuant to Section 73.5005 of the Rules, (2) are part of a settlement agreement on-file with the Commission that would result in the grant of the NTSC application, or (3) are cut-off singletons. (2) DTV applications for a construction permit or a modified construction permit filed after January 18, 2001: (i) shall be afforded the interference protection set forth in paragraph (c) or (d)
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da002142.doc http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da002142.pdf
  • Public Notice, 15 FCC Rcd 1910 (2000). A Remedial Filing Window from July 31, to August 4, 2000 was established for certain specified entities. See AM Auction Remedial Filing Window, Notice and Filing Requirements Regarding July 31-August 4, 2000 Remedial Filing Window for AM Auction, Public Notice, DA 00-1582 (July 14, 2000). See 47 U.S.C. � 309(j); 47 C.F.R. � 73.5005(d); First Report and Order, Implementation of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, 13 FCC Rcd 15920, 15944 (1998) (``Broadcast Auction First Report and Order''). See 47 U.S.C. � 8; 47 C.F.R. �� 0.401(b), 1.1104, 1.1109, 1.1110, 73.5005(d), 73.3512. Effective September 11, 2000, this fee is $3,010.00. See schedule
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da992824.doc
  • Standard Time, January 28, 2000. See Attachments A, B, and C for more information regarding the completion of Form 175, including information on bidding credits and designated entities. Pursuant to the Commission's broadcast competitive bidding rules, only the winning bidder will be required to submit a long form (FCC Form 301) following the close of the auction. See 47 C.F.R. 73.5005. For additional information, contact Shaun Maher at the Video Services Division, Mass Media Bureau at (202) 418-1600. List of Attachments: Attachment A: Pre-Auction Procedures Attachment B: Guidelines for Completion of FCC Form 175 and Exhibits Attachment C: Eligibility for New Entrant Bidding Credit; Ownership Disclosure Requirements; Consortia and Joint Bidding Arrangements Attachment D: Electronic Filing and Review of the FCC
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da991800.pdf
  • to any Federal agency. Prospective bidders are reminded that submission of a false certification to the Commission is a serious matter that may result in severe penalties, including monetary forfeitures, license revocations, exclusion from participation in future auctions, and/or criminal prosecution. 6 See Nevada Wireless, 13 FCC Rcd at 11978, � 13. 7 See 47 C.F.R. � 1.65. 8 Section 73.5005(a) of the Commission's rules requires that post-auction filings include the exhibits required by 47 C.F.R. Section 1.2107(d) (concerning any bidding consortia, joint bidding arrangements or other agreements relating to the competitive bidding process); Section 1.2110(i) (concerning designated entity status, if applicable); and Section 1.2112(a) & (b) (concerning disclosure of ownership and real party in interest information.) 9 See 47 C.F.R.
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992153.doc
  • 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). Applicants that entered into joint bidding arrangements are reminded that a full, post-auction disclosure is required of the terms, conditions and parties involved in any bidding consortia, joint venture, partnership or other agreement or arrangement it entered into prior to the completion of bidding. Additional Post-Auction Filing Requirements. Section 73.5005(a) of the Commission's rules requires that post auction filings include the exhibits mandated by 47 C.F.R. � 1.2107(d) (concerning the terms, conditions and parties involved in any bidding consortia, joint venture, partnership or other agreement or arrangement the applicant had entered into relating to the competitive bidding process); 47 C.F.R. � 1.2110 (i) (concerning a description of how the applicant
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992154.doc
  • 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). Applicants that entered into joint bidding arrangements are reminded that a full, post-auction disclosure is required of the terms, conditions and parties involved in any bidding consortia, joint venture, partnership or other agreement or arrangement it entered into prior to the completion of bidding. Additional Post-Auction Filing Requirements. Section 73.5005(a) of the Commission's rules requires that post auction filings include the exhibits mandated by 47 C.F.R. � 1.2107(d) (concerning the terms, conditions and parties involved in any bidding consortia, joint venture, partnership or other agreement or arrangement the applicant had entered into relating to the competitive bidding process); 47 C.F.R. � 1.2110 (i) (concerning a description of how the applicant
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000405.doc
  • MX Groups SST1 and SST2 from Auction No. 28 does not effect the acceptance of Trinity Broadcasting Network's short-form (Form 175) application in SST10. See ``Supplemental Closed Broadcast Auction Public Notice,'' DA 99-2958 (rel. December 23, 1999). See ``Wireless Telecommunications Bureau clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). Section 73.5005(a) of the Commission's rules requires that post-auction filings include the exhibits required by 47 C.F.R. Section 1.2107(d) (concerning any bidding consortia, joint bidding arrangements or other agreements relating to the competitive bidding process); Section 1.2110(i) (concerning designated entity status, if applicable); and Section 1.2112(a) & (b) (concerning disclosure of ownership and real party in interest information.) See 47 C.F.R. ��
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000594.doc
  • New Television Station Channel 52 at Blanco, Texas, `` Public Notice, DA 99-2824, released December 17, 1999 (``Blanco Auction Public Notice''); window extended per Public Notice, DA 00-135, released January 27, 2000. See 47 C.F.R. � 1.65 See ``Wireless Telecommunications Bureau clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). Section 73.5005(a) of the Commission's rules requires that post-auction filings include the exhibits required by 47 C.F.R. Section 1.2107(d) (concerning any bidding consortia, joint bidding arrangements or other agreements relating to the competitive bidding process); Section 1.2110(i) (concerning designated entity status, if applicable); and Section 1.2112(a) & (b) (concerning disclosure of ownership and real party in interest information.) See 47 C.F.R. ��
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000690.doc
  • 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). Applicants that entered into joint bidding arrangements are reminded that a full, post-auction disclosure is required of the terms, conditions and parties involved in any bidding consortia, joint venture, partnership or other agreement or arrangement it entered into prior to the completion of bidding. Additional Post-Auction Filing Requirements. Section 73.5005(a) of the Commission's rules requires that post auction filings include the exhibits mandated by 47 C.F.R. � 1.2107(d) (concerning the terms, conditions and parties involved in any bidding consortia, joint venture, partnership or other agreement or arrangement the applicant had entered into relating to the competitive bidding process); 47 C.F.R. � 1.2110 (i) (concerning a description of how the applicant
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000863.doc
  • - See ``Auction Filing Window for New Television Station Channel 52 at Blanco, Texas,'' Public Notice, DA 99-2824, released December 17, 1999 (``Blanco Auction Public Notice''); window extended per Public Notice, DA 00-135, released January 27, 2000. See ``Wireless Telecommunications Bureau clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). Section 73.5005(a) of the Commission's rules requires that post-auction filings include the exhibits required by 47 C.F.R. Section 1.2107(d) (concerning any bidding consortia, joint bidding arrangements or other agreements relating to the competitive bidding process); Section 1.2110(i) (concerning designated entity status, if applicable); and Section 1.2112(a) and (b) (concerning disclosure of ownership and real party in interest information.) See 47 C.F.R. ��
• http://www.fcc.gov/Forms/Form301-CA/301ca.pdf
  • "Yes." H. Item 9: Auction Authorization. The Commission's Part 1 auction rules require all winning bidders for construction permits or licenses to include certain exhibits with their long-form applications. If this application is being submitted to obtain a construction permit for which the applicant was a winning bidder in an auction, then the applicant must, pursuant to 47 C.F.R. Section 73.5005(a), include an exhibit containing the information required by the following Part 1 auction rules, if applicable. (1) Section 1.2107(d) requires the applicant to provide a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement it had entered into relating to the competitive bidding process. See 47 C.F.R. Section
• http://www.fcc.gov/Forms/Form301/301.pdf
  • (1988). G. Item 10: Auction Authorization. The Commission's Part 1 auction rules require all winning bidders for construction permits or licenses to include certain exhibits with their long-form applications. If this application is being submitted to obtain a construction permit for which the applicant was a winning bidder in an auction, then the applicant must, pursuant to 47 C.F.R. Section 73.5005(a), include an exhibit containing the information required by the following Part 1 auction rules, if applicable. (1) Section 1.2107(d) requires the applicant to provide a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or 8 arrangement it had entered into relating to the competitive bidding process. See 47 C.F.R.
• http://www.fcc.gov/Forms/Form346/346.pdf
  • "Yes." H. Item 9: Auction Authorization. The Commission's Part 1 auction rules require all winning bidders for construction permits or licenses to include certain exhibits with their long-form applications. If this application is being submitted to obtain a construction permit for which the applicant was a winning bidder in an auction, then the applicant must, pursuant to 47 C.F.R. Section 73.5005(a), include an exhibit containing the information required by the following Part 1 auction rules, if applicable. (1) Section 1.2107(d) requires the applicant to provide a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement it had entered into relating to the competitive bidding process. See 47 C.F.R. Section
• http://www.fcc.gov/Forms/Form349/349.pdf
  • question. J. Item 11: Auction Authorization. The Commission's Part 1 auction rules require all winning bidders for construction permits or licenses to include certain exhibits with their long-form applications. If this application is being submitted to obtain a construction permit for which the applicant was a winning bidder in an auction, then the applicant must, pursuant to 47 C.F.R. Section 73.5005(a), include an exhibit containing the information required by the following Part 1 auction rules, if applicable. (1) Section 1.2107(d) requires the applicant to provide a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement it had entered into relating to the competitive bidding process. See 47 C.F.R. Section
• http://www.fcc.gov/fcc-bin/audio/DA-06-1488A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1488A1.pdf
  • Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau by authority delegated under Section 0.283 of the Rules, we find that Neely apparently willfully violated Sections 73.3573(f)(5)(i) and 73.5005(a) of the Rules by failing to timely file a post-auction Form 301 application. Based upon our review of the facts and circumstances before us, we conclude that Neely is apparently liable for a monetary forfeiture in the amount of three thousand dollars ($3,000). We also grant Neely's waiver request and accept his application for filing. II. BACKGROUND 2. On April
• http://www.fcc.gov/fcc-bin/audio/DA-07-3617A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-3617A1.pdf
  • and Order and Notice of Apparent Liability for Forfeiture (``NAL''), issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Audio Division, Media Bureau, by authority delegated under Section 0.283 of the Rules, we find that ESW apparently willfully violated Sections 73.3573(f)(5)(i) and 73.5005(a) of the Rules by failing timely to file a post-auction Form 301 application. Based upon our review of the facts and circumstances before us, we conclude that ESW is apparently liable for a monetary forfeiture in the amount of three thousand dollars ($3,000). We also grant ESW's waiver request and accept its application for filing. II. BACKGROUND 2. On September
• http://www.fcc.gov/fcc-bin/audio/DA-07-3618A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-3618A1.pdf
  • and Order and Notice of Apparent Liability for Forfeiture (``NAL''), issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Audio Division, Media Bureau, by authority delegated under Section 0.283 of the Rules, we find that BKM apparently willfully violated Sections 73.3573(f)(5)(i) and 73.5005(a) of the Rules by failing to timely file a post-auction Form 301 application. Based upon our review of the facts and circumstances before us, we conclude that BKM is apparently liable for a monetary forfeiture in the amount of three thousand dollars ($3,000). We also grant BKM's waiver request and accept its application for filing. II. BACKGROUND 2. On August
• http://www.fcc.gov/fcc-bin/audio/DA-09-1881A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-1881A1.pdf
  • aural service, (3) First local transmission service, and (4) Other public interest matters. Co-equal weight is given to Priorities (2) and (3). The FM allotment priorities were first applied to Section 307(b) determinations in mutually exclusive AM proceedings in Alessandro Broadcasting Co., Decision, 56 RR 2d 1568 (Rev. Bd. 1984). Petition at 3. See 47 C.F.R. �� 0.401(b), 1.1104, 1.1109, 73.5005(d), and 73.3512. File No. BNP-20080602ABO. See Elvis L. Moody, Letter, 24 FCC Rcd 3209 (MB 2009) (no countervailing public interest sufficient to warrant processing procedures that are not in keeping with Section 1.106(a)(1) and the standards enunciated by the Commission in the Broadcast First Report and Order). 47 C.F.R. � 1.106(a)(1). The rule is clear that, with one noted exception
• http://www.fcc.gov/fcc-bin/audio/DA-09-610A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-610A1.pdf
  • (2) Second fulltime aural service, (3) First local transmission service, and (4) Other public interest matters. Co-equal weight is given to Priorities (2) and (3). The FM allotment priorities were first applied to Section 307(b) determinations in mutually exclusive AM proceedings in Alessandro Broadcasting Co., Decision, 56 RR 2d 1568 (Rev. Bd. 1984). See 47 C.F.R. �� 0.401(b), 1.1104, 1.1109, 73.5005(d), and 73.3512. See Broadcast Applications, Public Notice, Report No. 26824 (Sep. 18, 2008). See, e.g., Aaron P. Shainis, Esq., Jerome Boros, Esq., James A. Koerner, Esq., and Mark N. Lipp, Esq., Letter, Ref. No. 1800B3-TSN (MB Aug. 30, 2002); Jeffrey L. Timmons, Esq., and A. Wray Fitch III, Esq., Letter, Ref. No. 1800B3-TSN (MB Aug. 13, 2002). 47 C.F.R. �
• http://www.fcc.gov/fcc-bin/audio/DA-11-1845A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1845A1.pdf
  • C.F.R. Chapter 1, Part 1, Subpart I. 47 C.F.R. �� 1.1301-1.1319. 47 C.F.R. Part 1, Appendix C. See Section IV.A.1. ``Simultaneous Multiple Round Auction,'' below. 47 C.F.R. �� 1.2105, 73.5002. Id.; see also Competitive Bidding Second Report and Order, 9 FCC Rcd at 2376 � 165. Section III.D. ``Upfront Payments - Due February 22, 2012,'' below. 47 C.F.R. �� 1.2107, 73.5005. 47 C.F.R. � 1.2105(a)(2)(v). As discussed generally in the NCE Second Report and Order, 18 FCC Rcd at 6691, the opening of a window for nonreserved vacant FM allotments provides a filing opportunity for both NCE and commercial applicants. However, as discussed in Section III.C, below, while non-mutually exclusive NCE applications will not be resolved through competitive bidding, any applications
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  • 27, 2012 By the Chief, Audio Division: I. INTRODUCTION 1. The Commission has before it the July 26, 2011, request of Joseph C. Tesiero (``Tesiero''), for waiver of the post-auction Form 301 long-form application filing deadline. In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL''), we find that Tesiero apparently willfully violated Sections 73.3573(f)(5)(i) and 73.5005(a) of the Rules by failing to timely file a post-auction Form 301 application. Based upon our review of the facts and circumstances before us, we conclude that Tesiero is apparently liable for a monetary forfeiture in the amount of three thousand dollars ($3,000). We also grant Tesiero's waiver request and have accepted his application for filing. II. BACKGROUND 2. On
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  • attributable interest in the applicant, has an attributable interest in more than three media of mass communications, or in any existing media of mass communications in the ``same area'' as the broadcast facility proposed in this auction. 47 C.F.R. � 73.5007. See 47 C.F.R. � 73.5007(b)(1)-(3) for the specific service definitions of ``same area.'' See 47 C.F.R. �� 1.2107, 1.2109, 73.5005; see also Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 �� 163-168 (1994). See generally 47 C.F.R. � 1.2109. See 47 C.F.R. �� 1.2105(b), 1.2106. 47 C.F.R. �� 1.65, 1.2105. Each of these rejected applicants will retain its status as an applicant
• http://www.fcc.gov/fcc-bin/audio/DA-12-374A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-374A1.pdf
  • (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, FCC 94-283, 9 FCC Rcd 6760 (1994). See also 47 C.F.R. � 1.1202(d)(1) Note 1. See Auction 93 Procedures Public Notice, 26 FCC Rcd at 15494-96 �� 31-37. For more detail, see Auction 93 Procedures 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
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  • 47 C.F.R. �� 1.2104(g)(2), 1.2109(b). 31 U.S.C. � 3701(b)(1). See Request for Waiver of Kankakee Valley Broadcasting Co., Inc. (dated June 22, 2006) (``Request for Waiver''). Specifically, Kankakee sought a waiver of the requirement to make its down payment within the time period established by Section 1.2107(b), as well as a waiver of the application filing deadline prescribed by Section 73.5005(a). Id. See Kankakee MO&O, 22 FCC Rcd at 8593 � 5, 8598 �� 16-18. See also 47 C.F.R. �� 1.2104(g)(2) and 1.2109(b). See Auction of FM Broadcast Construction Permits Closes; Winning Bidders Announced for Auction 93, Public Notice, DA 12-600 (rel. April 17, 2012) (``Auction 93 Closing Public Notice''). 47 C.F.R � 1.2104(g)(2). Id. 47 C.F.R. �� 1.2104(g)(2), 1.2109(b). 47
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  • Upfront Payments, and Other Procedures for Auction 91, Public Notice, 25 FCC Rcd 16787, 16790 (MB/WTB 2010) (once mutual exclusivity exists for auction purposes, even if only one applicant for a particular construction permit submits an upfront payment, that applicant is required to submit a bid in order to obtain the construction permit). See id. �� 1.2107, 1.2109, 1.2112, 73.5003, 73.5005. See First R&O, 25 FCC Rcd at 1586, 1593, 1596-97. Id. at 1593. Cf. 47 C.F.R. � 73.7002(c). See supra paragraph 8 regarding qualifications for the Tribal Priority. The original Tribal Allotment proponent may make such a request by sending a letter to the staff of the Audio Division, Media Bureau, during the TQ Window. The time between adding a
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • devices. [ [812]Public Notice, July 2, 1976 ] [813]TEXT [814]PDF 73.4280 Character evaluation of broadcast applicants. Subpart I -- Competitive Bidding Procedures [815]TEXT [816]PDF 73.5000 Services subject to competitive bidding. [817]TEXT [818]PDF 73.5002 Application and certification procedures; return of mutually exclusive applications not subject to competitive bidding procedures; prohibition of collusion. [819]TEXT [820]PDF 73.5003 Submission of full payments. [821]TEXT [822]PDF 73.5005 Filing of long-form applications. [823]TEXT [824]PDF 73.5006 Filing of petitions to deny against long-form applications. [825]TEXT [826]PDF 73.5007 Designated entity provisions. [827]TEXT [828]PDF 73.5008 Definitions applicable for designated entity provisions. [829]TEXT [830]PDF 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.
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • devices. [ [765]Public Notice, July 2, 1976 ] [766]TEXT [767]PDF 73.4280 Character evaluation of broadcast applicants. Subpart I -- Competitive Bidding Procedures [768]TEXT [769]PDF 73.5000 Services subject to competitive bidding. [770]TEXT [771]PDF 73.5002 Application and certification procedures; return of mutually exclusive applications not subject to competitive bidding procedures; prohibition of collusion. [772]TEXT [773]PDF 73.5003 Submission of full payments. [774]TEXT [775]PDF 73.5005 Filing of long-form applications. [776]TEXT [777]PDF 73.5006 Filing of petitions to deny against long-form applications. [778]TEXT [779]PDF 73.5007 Designated entity provisions. [780]TEXT [781]PDF 73.5008 Definitions applicable for designated entity provisions. [782]TEXT [783]PDF 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.