**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 99-2585

November 19, 1999

**AM Auction Filing Window and Application Freeze**

## Notice and Filing Requirements Regarding January 24 -- 28, 2000 Window for Certain AM Construction Permits; Notice Regarding Freeze on the Acceptance of AM Minor Change Construction Permits from December 24, 1999 to January 21, 2000.

The Mass Media Bureau ("MMB") and the Wireless Telecommunications Bureau
("WTB") announce an auction filing window for certain AM station
construction permit applications. The filing window will open on January
24, 2000 and close on January 28, 2000. The Commission will not accept
AM minor change construction permit applications between December 24,
1999 and January 21, 2000 and, with certain exceptions explained below,
during the filing window.

**Scope:** The window is available for proposals for new AM stations and
major modifications to authorized AM facilities.[^1] This includes those
new AM station 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 AM Applications").[^2] Also on file are a
number of new AM station and AM major modification applications filed
after November 26, 1997 with "freeze waiver" requests ("Freeze Waiver
Applications"). These applicants also may participate in the auction
filing window. Freeze Waiver Applications have not been protected from
subsequently filed minor change applications during the freeze, and this
policy will continue through December 23, 1999. Accordingly, Freeze
Waiver Applications must protect fully all minor change applications
filed on or before December 23, 1999 in order to be considered in the
upcoming window, the same requirement that will apply generally to new
station and major change proposals submitted for the first time in the
window.[^3] The window will not be available for new AM expanded band
stations or for major changes in existing AM expanded band stations.[^4]

The window also will be available for any minor change that is
contingent on the grant of a pending license application for WOWO, Fort
Wayne, Indiana (File No. BL-981230AE) (the "WOWO Application") or
mutually exclusive with any such contingent proposal on file by the
close of the window.[^5] At least one major change and six minor change
applications have been filed that are contingent on the grant of the
WOWO Application. It appears that certain of these applications are
mutually exclusive. Each is subject to dismissal pursuant to Section
73.3517.[^6] MMB will retain on file all applications that are
contingent on the grant of the WOWO license application provided that
they are on file by the close of business on the date of release of this
Public Notice.[^7] However, it will treat these applications as having
been filed during the window, *i.e.,* will not accord first come-first
served cut-off rights to any of these plainly unacceptable modification
applications.[^8] This procedure will promote orderliness and fairness
in the Commission's application procedures. We are particularly
concerned about the rights of those potential applicants that have
chosen to adhere to the Commission's procedural and substantive rules,
and accordingly, have not filed applications contingent on the grant of
the WOWO Application. These potential applicants must follow the window
filing procedures set forth below in order to be considered.

**Minor Change Application Freeze.** The *Competitive Bidding NPRM*
freeze was limited to new station and major change applications and MMB
has continued to process minor change applications under its first
come-first served processing rules during the past two years. However,
the Commission will not accept applications for construction permits for
minor changes in authorized AM facilities between December 24, 1999 and
January 21, 2000. The timing of this limited freeze provides existing AM
stations an additional opportunity to file minor change applications
prior to the window. The freeze also will eliminate the risk that a
potential window filer's proposal is blocked by the filing of a mutually
exclusive minor change application immediately prior to the window.

**Participation.** Those wishing to participate in the auction
***must***:

-   File electronically a short form application (FCC Form 175) by 5:30
    p.m. Eastern 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.

-   If a Form 301 application is not currently on file: File in
    triplicate with the Secretary of the Commission Section I and the
    Tech Box of Section III-A of FCC Form 301 (May 1999 version). A
    printed copy of Form 175 should be attached to the Form 301
    submission. The Form 301, with the attached Form 175, is due to the
    Commission in hard copy by 5:30, Eastern Standard Time, January
    28, 2000. No fee is required. See Attachment A for more information
    regarding the completion of Form 301. Note: If a Form 301
    application is currently pending, no filing with the Secretary is
    required. However, applicants should specify, if known, the file
    number of the application in Form 175, Exhibit E ("Miscellaneous
    Information").

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

The failure of any applicant to timely file a Form 175 for any pending
application within the scope of this auction filing window will result
in the dismissal of such application. No consideration will be given any
proposal for which the required engineering information is not on file
by the close of the window.

For additional information, contact Peter Doyle, James Bradshaw or Lisa
Scanlan at the Audio Services Division, Mass 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: Eligibility for New Entrant Bidding Credit; Ownership
Disclosure Requirements; Consortia and Joint Bidding Arrangements

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

Attachment E: Accessing the FCC Network Using Windows 95/98

[^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,* MM
    Docket No. 97-234, GC Docket No. 92-52 and GEN Docket No. 90-264, 13
    FCC Rcd 15920 (1998) *(\"Broadcast First Report and Order*\")
    (granting Bureaus delegated authority to hold separate auctions for
    each type of broadcast service).

[^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 AM 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
    AM Application and such applications will be considered under our
    competitive bidding procedures. A minor change proposal in conflict
    with a Frozen AM Application must be filed by December 23, 1999.

[^4]: *See Memorandum Opinion and Order,* 14 FCC Rcd. 8724, 8741 n. 45.

[^5]: Minor change applications filed during the window that are not
    within this category will be dismissed.

[^6]: These include applications for Station KMYL, Tolleson, Arizona
    (File No. BP-990713AC); Station KEX, Portland, Oregon (File No.
    BP-990624AB); Station KDAO, Marshalltown, Iowa (File No.
    BP-990601AB); Station KKOJ, Jackson Minnesota (File No.
    BP-990525AB); and Station WNWC, Sun Prairie, Wisconsin (File No. BP-
    990521BH). By separate action the MMB is simultaneously granting
    reconsideration of its action dismissing the application for Station
    KPHN, Kansas City, Missouri for the sole purpose of permitting its
    consideration with and under the same conditions as these other
    listed applications.

[^7]: Minor change applications filed after the release of this Public
    Notice and prior to the opening of the window will be dismissed.

[^8]: As explained below, the failure to file FCC Form 175 for a pending
    application that is contingent on the grant of the WOWO Application
    will result in the dismissal of such pending application.