§  73.5002   Application and certification procedures; return of mutually
exclusive applications not subject to competitive bidding procedures;
prohibition of collusion.

   (a) Prior to any broadcast service auction, the Commission will issue a
   public notice announcing the upcoming auction and specifying the period
   during which all applicants seeking to participate in an auction, and
   all applicants for noncommercial educational broadcast stations, as
   described in 47 U.S.C. 397(6), on non-reserved channels, must file
   their applications for new broadcast facilities or for major changes to
   existing facilities. Broadcast service applications for new facilities
   or for major modifications will be accepted only during these specified
   periods. This initial and other public notices will contain information
   about the completion and submission of applications to participate in
   the broadcast auction, and applications for noncommercial educational
   broadcast stations, as described in 47 U.S.C. 397(6), on non-reserved
   channels, as well as any materials that must accompany the
   applications, and any filing fee that must accompany the applications
   or any upfront payments that will need to be submitted. Such public
   notices will also, in the event mutually exclusive applications are
   filed for broadcast construction permits that must be resolved through
   competitive bidding, contain information about the method of
   competitive bidding to be used and more detailed instructions on
   submitting bids and otherwise participating in the auction. In the
   event applications are submitted that are not mutually exclusive with
   any other application in the same service, or in the event that any
   applications that are submitted that had been mutually exclusive with
   other applications in the same service are resolved as a result of the
   dismissal or modification of any applications, the non-mutually
   exclusive applications will be identified by public notice and will not
   be subject to auction.

   (b) To participate in broadcast service auctions, or to apply for a
   noncommercial educational station, as described in 47 U.S.C. 397(6), on
   a non-reserved channel, all applicants must timely submit short-form
   applications (FCC Form 175), along with all required certifications,
   information and exhibits, pursuant to the provisions of § 1.2105(a) of
   this chapter and any Commission public notices. So determinations of
   mutual exclusivity for auction purposes can be made, applicants for
   non-table broadcast services must also submit the engineering data
   contained in the appropriate FCC form (FCC Form 301, FCC Form 346, or
   FCC Form 349). Beginning January 1, 1999, all short-form applications
   must be filed electronically. If any application for a noncommercial
   educational broadcast station, as described in 47 U.S.C. 397(6), is
   mutually exclusive with applications for commercial broadcast stations,
   and the applicants that have the opportunity to resolve the mutually
   exclusivity pursuant to paragraphs (c) and (d) of this section fail to
   do so, the application for noncommercial educational broadcast station,
   as described in 47 U.S.C. 397(6), will be returned as unacceptable for
   filing, and the remaining applications for commercial broadcast
   stations will be processed in accordance with competitive bidding
   procedures.

   (c) Applicants in all broadcast service auctions, and applicants for
   noncommercial educational stations, as described in 47 U.S.C. 397(6),
   on non-reserved channels will be subject to the provisions of
   § 1.2105(b) of this chapter regarding the modification and dismissal of
   their short-form applications. Notwithstanding the general
   applicability of § 1.2105(b) of this chapter to broadcast auctions, and
   applicants for noncommercial educational stations, as described in 47
   U.S.C. 397(6), on non-reserved channels, the following applicants will
   be permitted to resolve their mutual exclusivities by making amendments
   to their engineering submissions following the filing of their
   short-form applications:

   (1) Applicants for all broadcast services who file major modification
   applications that are mutually exclusive with each other;

   (2) Applicants for all broadcast services who file major modification
   and new station applications that are mutually exclusive with each
   other; or

   (3) Applicants for the secondary broadcast services who file
   applications for new stations that are mutually exclusive with each
   other.

   (d) The prohibition of collusion set forth in § 1.2105(c) of this
   chapter, which becomes effective upon the filing of short-form
   applications, shall apply to all broadcast service auctions.
   Notwithstanding the general applicability of § 1.2105(c) of this chapter
   to broadcast auctions, the following applicants will be permitted to
   resolve their mutual exclusivities by means of engineering solutions or
   settlements during a limited period after the filing of short-form
   applications, as further specified by Commission public notices:

   (1) Applicants for all broadcast services who file major modification
   applications that are mutually exclusive with each other;

   (2) Applicants for all broadcast services who file major modification
   and new station applications that are mutually exclusive with each
   other; or

   (3) Applicants for the secondary broadcast services who file
   applications for new stations that are mutually exclusive with each
   other.

   [ 69 FR 72043 , Dec. 10, 2004]