**PUBLIC NOTICE**![](media/image1.png){width="0.7388888888888889in"
height="0.7458333333333333in"}

**FEDERAL COMMUNICATIONS COMMISSION** News Media Information: (202)
418-0500

**445 12th STREET, S.W.** Fax-On-Demand: (202) 418-2830

# WASHINGTON, D.C. 20554 Internet: [http://www.fcc.gov](http://www.fcc.gov/)

# ftp.fcc.gov

DA 03-359

February 6, 2003

**FM Translator Auction Filing Window and Application Freeze**

## Notice and Filing Requirements Regarding March 10--14, 2003 Window for Certain FM Translator Construction Permits; Notice Regarding Freeze on the Acceptance of FM Translator and FM Booster Minor Change and FM Booster New Construction Permit Applications from February 8 to March 14, 2003.

**Report No. AUC-03-83-A (Auction No. 83)**

The Media Bureau ("MB") and the Wireless Telecommunications Bureau
("WTB") announce an auction filing window for certain FM translator
station construction permit applications. The filing window will open on
March 10, 2003, and close on March 14, 2003. In connection with this
window, MB also announces that it will not accept FM translator and FM
booster minor change construction permit applications and FM booster new
construction permit applications between February 8, 2003, and March 14,
2003.

**Scope:** The window is available for non-reserved band (channels 221
to 300) proposals for new FM translator stations and major modifications
to authorized FM translator facilities.[^1] The Commission also will
consider those FM translator station new and major modification
applications that were received on or before November 26, 1997, but for
which no "A" cut-off list had been released by that date ("Frozen FM
Translator Applications").[^2] Also on file are a number of FM
translator station new and major modification applications filed after
November 26, 1997, with "freeze waiver" requests ("Freeze Waiver
Applications"). These applicants also may participate in the filing
window. Freeze Waiver Applications have not been protected from
subsequently filed FM translator minor change applications during the
*Competitive Bidding NPRM* freeze, and this policy will continue until
the window is closed. Accordingly, Freeze Waiver Applications must
protect all minor change applications filed on or before February 7,
2003, in order to be considered in the upcoming window, the same
requirement that will apply generally to new FM translator station and
major change proposals submitted for the first time in the filing
window.[^3]

**Application Freeze.** The Commission imposed a freeze on the filing of
FM translator new and major change applications in the *Competitive
Bidding NPRM.* MB has continued to process and grant FM translator minor
change and FM booster applications under its processing rules since the
inception of the freeze. However, MB will institute a temporary freeze
on the acceptance of minor change FM translator applications on all
channels (channels 201-300) at 12:01 a.m. Eastern Time ("ET"), February
8, 2003. The freeze shall remain in effect until the close of the
window. Minor change applications filed during this freeze will be
dismissed.

**Participation.** ***All*** applicants for new FM translator stations
and major modifications to authorized FM translator facilities
***must***:

-   **If Form 349 IS NOT on file**: File electronically FCC Form 349,
    Application for Authority to Construct or Make Changes in an FM
    Translator or FM Booster Station, between 12:01 a.m. ET, March 8,
    2003 and 6:00 p.m. ET, March 14, 2003. Only Section I, the Tech Box
    of Section III-A, and the Section VI Certification must be completed
    at this time. See Attachment A for more information regarding the
    completion of Form 349. See Attachment D regarding the electronic
    filing of the Form 349. No fee is required.

> Note: A separate Form 349 must be submitted for each new station and
> major modification proposal.

-   **If an FCC Form 349 Frozen FM Translator Application or Freeze
    Waiver Application IS currently on file**: The applicant should
    confirm that the information on file is accurate and complete.

-   If no changes in the previously filed Form 349 applications are
    necessary, the applicant must only file Form 175, as discussed in
    the next paragraph. The Form 175 must include the file number of
    **all** previously filed Form 349 applications. Failure to include
    the file number of a pending Form 349 application on the Form 175
    will result in dismissal of that Form 349 application.

-   If **any** information in a Frozen FM Translator Application or
    Freeze Waiver Application is no longer accurate and complete, the
    applicant must file a new Form 349 application electronically,
    completing Section I, the Tech Box of Section III-A, and the Section
    VI Certification. See Attachment D regarding the electronic filing
    of the Form 349. Paper amendments to pending Form 349 applications
    will not be accepted.

> By separate filing to the Office of the Secretary, the applicant must
> request dismissal of the pending paper-filed Form 349 application. A
> courtesy copy of this dismissal request should be sent to James
> Bradshaw at 445 12^th^ Street SW, Washington D.C. 20554, Audio
> Division, Room 2-B450.

-   **File electronically a short-form application (FCC Form 175)** by
    6:00 p.m. ET March 14, 2003. See Attachments A and B for more
    information regarding the completion of Form 175, including
    information on the broadcast new entrant bidding credit. See
    Attachment C for information regarding the electronic filing of the
    Form 175. Applicants must specify the CDBS-assigned file number(s)
    of all Form 349 application(s) on Form 175, at Exhibit F
    ("Miscellaneous Information").

> Note: Applicants may submit only one Form 175 regardless of the number
> of Form 349s filed.

-   Comply with all provisions outlined in this Public Notice and
    applicable rules of the Commission.

**An applicant's failure to reference a pending Form 349 application on
its Form 175 will result in the dismissal of that Form 349 application.
No consideration will be given any proposal for which the required
engineering information is not on file by the close of the window.** No
application filing fee is required at this time.[^4]

**Application Processing**. After the close of the window, the
Commission will make mutual exclusivity determinations with regard to
all timely and complete filings. Applications received during the filing
window that are not mutually exclusive with any other applications
submitted in the filing window will be identified by subsequent public
notice. Applicants identified as non-mutually exclusive will be
instructed to submit the complete FCC Form 349 and filing fee, if
required, within 30 days. No amendments to the FM translator filing
window Form 349 application, technical or otherwise, will be accepted
between the close of the application filing window, March 14, 2003, and
the public notice listing the non-mutually exclusive FM translator
applications. Complete FCC Form 349 non-mutually exclusive applications
will be processed and the staff will release public notices listing
those applications determined acceptable for filing. Petitions to deny
must be filed within 15 days of the public notice announcing acceptance
of the application at issue.[^5]

MB and WTB will issue a public notice identifying mutually exclusive
applications received during the window.[^6] This public notice also
will specify a settlement period for resolving application mutual
exclusivity by the filing of technical amendments, dismissal requests,
and requests for approval of universal settlements.[^7] Technical
amendments submitted by applicants to resolve conflicts must be minor,
as defined by the applicable rules of the FM translator service, and
must not create any new mutual exclusivity or other application
conflict.[^8] No amendments to the FM translator filing window Form 349
application, technical or otherwise, will be accepted between the close
of the application filing window, March 14, 2003, and the public notice
listing the mutually exclusive FM translator applications. An applicant
may only file a technical amendment between the release of the public
notice listing the mutually exclusive FM translator applications and the
close of the specified settlement period.

As discussed further in Attachment A, applicants will not be permitted
to make major modifications to their FCC Form 175s.[^9]

The collusion prohibition set forth in 47 C.F.R. § 1.2105 (c) applies to
the FM translator auction. To insure the competitiveness and integrity
of the auction process, the Commission's Rules prohibit competing
applicants from communicating with each other during the auction about
bids, bidding strategies, or settlements. As further detailed in
Attachment A to this public notice, this prohibition becomes effective
at the Form 175 filing deadline. Mutually exclusive FM translator
applicants may communicate with each other for the purpose of resolving
conflicts only during a settlement period that will be specified in a
forthcoming public notice.[^10]

For additional information, contact James Bradshaw or Lisa Scanlan at
the Audio Division, Media Bureau at (202) 418-2700.

***List of Attachments:***

> Attachment A: Pre-Auction Procedures

Attachment B: Guidelines for Completion of FCC Form 175 and Exhibits

Attachment C: Electronic Filing and Review of the FCC Form 175

Attachment D: Electronic Filing of the FCC Form 349

[^1]: *See 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, 15975 & n.153 (1998) *(\"Broadcast First Report and
    Order*\"), *granted in part and denied in part*, 14 FCC Rcd 8724
    (1999), *amended by* 14 FCC Rcd 14521 (1999) (granting Bureaus
    delegated authority to hold separate auctions for each type of
    broadcast service). A window open for proposals in the non-reserved
    band provides a filing opportunity for both noncommercial
    educational ("NCE") and commercial FM translator applicants. *See*
    47 C.F.R. § 74.1202(b) (specifying, for example, that noncommercial
    FM translators may be authorized to operate on Channels 201-300).

[^2]: *See Implementation of Section 309(j) of the Communications Act --
    Competitive Bidding for Commercial Broadcast and Instructional Fixed
    Service Licenses, Notice of Proposed Rulemaking,* 12 FCC Rcd 22363,
    22409 (1997) (establishing freeze on the filing of applications for
    construction permits for new stations and for major changes to
    existing facilities in all commercial broadcast services) (the
    "*Competitive Bidding NPRM"*).

[^3]: Frozen FM Translator Applications that were technically acceptable
    at the time of filing will be entitled to consideration with any
    subsequently filed and mutually exclusive minor change application.
    New and major change applications may be filed during the window
    that are in conflict, either directly or indirectly, with a Frozen
    FM Translator Application and/or a Freeze Waiver Application. A
    minor change proposal in conflict with a Frozen FM Translator
    Application must be filed by February 7, 2003.

[^4]: Given the general inapplicability of the application filing fee at
    this time, applicants should not respond to Section I, question 3 of
    FCC Form 349.

[^5]: *See* *id.* § § 73.5006(b), 74.1233(d)(4).

[^6]: *See* *id.* § 74.1233(d)(3). All mutually exclusive applications
    will be considered under the relevant procedures for conflict
    resolution. Mutually exclusive commercial applications will proceed
    to auction. The Commission is in the process of completing a
    rulemaking for mutually exclusive situations involving mixed
    application groups consisting of both NCE and commercial applicants.
    *See Reexamination of the Comparative Standards for Noncommercial
    Educational Applicants*, *Second Further Notice of Proposed
    Rulemaking*, 17 FCC Rcd 3833 (2002). The newly adopted comparative
    standards to select among competing applicants for NCE broadcast
    stations have not yet been implemented because they have been
    challenged in court. *See Reexamination of the Comparative Standards
    for Noncommercial Educational Applicants*, 15 FCC Rcd 7386 (2000),
    *sub. nom., American Family Association, Inc. v. FCC*, *appeal
    docketed*, Case No. 00-1310 (D.C. Cir. July 14, 2000).

[^7]: *See* *id.* § 73.5002(d)(3).

[^8]: *See* *id.* § 74.1233(a)(1).

[^9]: *See id.* § 1.2105(b).

[^10]: *See id.* § 73.5002(d).