**DA 04-3252**

**October 18, 2004**

**AUCTION OF FM BROADCAST CONSTRUCTION PERMITS**

**456 Bidders Qualified to Participate in Auction No. 37**

**Report No. AUC-04-37-O (Auction No. 37)**

In this *Public Notice,* the Federal Communications Commission ("FCC" or
"Commission") identifies 456 applicants found to be qualified to bid in
the upcoming auction for 288 FM broadcast construction permits ("Auction
No. 37"). Auction No. 37 is scheduled to begin on Wednesday, November 3,
2004. In addition, this *Public Notice* contains bidding instructions
and other important information regarding Auction No. 37.

**Attachment A** lists each of the 456 qualified bidders, their upfront
payments, and maximum eligibility in bidding units.

**Attachment B** lists the construction permits selected on each
qualified bidder's short-form application (FCC Form 175).

**Attachment C** lists the applicants that submitted an FCC Form 175
application, but did not qualify to bid in this auction.

**Attachment D** lists the split eligibility markets.

**Attachment E** describes how to participate in the mock auction.

**Attachment F** provides information on how to monitor the FCC auctions
on-line, and round results file formats for use during the auction.

In order to participate effectively in the auction, qualified bidders
should again familiarize themselves with the auction rules, procedures,
and other information contained in the *Auction No. 37 Procedures Public
Notice* and subsequent public notices.[^1] This *Public Notice* and
other documents related to Auction No. 37 are available on the
Commission's auctions website, <http://wireless.fcc.gov/auctions/>. The
following information provides additional guidance.

To assist in analyzing Auction No. 37, a file will be made available to
the public on the Auction No. 37 web site. This file will list each
construction permit each qualified bidder in Auction No. 37 selected on
their FCC Form 175. The file, titled "QB_Licenses_selected", will be
located under the subheading "General Information" on the Auction No. 37
web site ([http://wireless.fcc.gov/auctions/37]{.underline}).

***Registration.*** Qualified bidders have been automatically registered
for the auction. For security reasons, the Commission will confirm
registration through two separate mailings of registration materials.
Both mailings will be sent to the bidder's contact person at the contact
address identified in the bidder\'s FCC Form 175. Upon receipt of both
mailings, each bidder should be in possession of the following
information:

-   Bidder Identification Number

-   At least two SecurID key fobs

-   Automated Auction System Bidder's Guide

-   FCC Telephonic Bidding phone number

Qualified bidders are solely responsible for ensuring the security of
their computer systems, security of their registration materials, and
that only authorized bidders place bids on their behalf. The FCC assumes
no responsibility or liability for these matters.

WARNING: Any unauthorized entity accessing or tampering with an FCC or
other government computer will be prosecuted to the full extent of the
law.

Any qualified bidder listed in Attachment A of this *Public Notice* that
has not received both registration mailings **by noon on Wednesday,
October 27, 2004,** must contact the Auctions Hotline directly at (717)
338-2888. Receipt of both registration mailings is critical to
participating in both the mock auction and the actual auction event, and
it is the responsibility of each qualified bidder to ensure that all
registration information has been received.

***Registration Material Replacement.*** Lost bidder identification
numbers or SecurID key fobs can be replaced only by appearing [in
person]{.underline} at the FCC Headquarters, located at 445 12^th^
Street, SW, Washington, DC. Only an authorized bidder, the contact
person or the certifying official, as designated on the applicant\'s FCC
Form 175, may appear in person with two forms of identification (one of
which must be a government-issued photo identification) in order to
receive replacements. Qualified bidders requiring replacements must call
technical support **-- (202) 414-1250 (V) or (202) 414-1255 (TTY) -**
prior to arriving at the FCC.

If a bidder receives a damaged fob(s), the bidder's contact person
should call Technical Support to request a replacement. Technical
Support will verify that the fob is unusable, and a new fob will be sent
by Federal Express along with a self-addressed stamped envelope for
returning the damaged fob(s).

***Bidding.*** As stated in the *Broadcast First Report and Order*, all
pending mutually exclusive applications for broadcast services must be
resolved through a system of competitive bidding.[^2] When two or more
short-form applications are accepted for filing within a mutually
exclusive group (MX Group), mutual exclusivity exists for auction
purposes.[^3] Once mutual exclusivity exists for auction purposes, even
if only one applicant within an MX Group submits an upfront payment,
that applicant is required to submit a bid in order to obtain the
construction permit.[^4]

The Commission will conduct this auction over the Internet, and
telephonic bidding will be available as well. As a contingency plan,
bidders may also dial in to the FCC Wide Area Network. Qualified bidders
are permitted to bid telephonically or electronically. In either case,
**each authorized bidder** must have its own Remote Security Access
SecurID key fob, which the FCC will provide at no charge. Each applicant
with only one authorized bidder will be issued two SecurID key fobs,
while applicants with two or three authorized bidders will be issued
three fobs. For security purposes, the SecurID key fobs and the
instructions for using them are only mailed to the contact person at the
contact address listed on the FCC Form 175. Please note that each
SecurID key fob is tailored to a specific auction. SecurID key fobs
issued for other auctions or obtained from a source other than the FCC
will not work for Auction No. 37. The telephonic bidding telephone
number will be supplied in the first mailing along with the confidential
bidder identification number.

Please note that the SecurID key fobs can be recycled, and we encourage
bidders to return the fobs to the FCC. We will provide pre-addressed
envelopes that bidders may use to return the fobs once the auction
closes.

***Bidding Contingency Plan.*** Bidders should develop comprehensive
contingency plans that can be quickly implemented if bidders experience
difficulty participating in the auction. While the FCC will correct any
problems within Commission‑controlled facilities, bidders are solely
responsible for anticipating and overcoming problems such as bidder
technical failures, telephone service interruptions, adverse local
weather conditions, unavailability of authorized bidders, or the loss or
breach of confidential security codes.

In their registration materials, all qualified bidders will be supplied
with a telephone number for telephonic bidding. Bidders choosing to bid
telephonically are required to use this telephone number to place bids.
Electronic bidders may use this telephone number as an alternate method
of bidding in the event they are unable to submit their bids
electronically. **Telephonic bidders are reminded to allow sufficient
time to bid by placing their calls well in advance of the close of a
round.**[^5]

***Minimum Opening Bids.*** There will be a minimum opening bid for each
construction permit in Auction No. 37, calculated in accordance with the
potential value of the spectrum, including the type of service and class
of the facility offered, market size, population covered by the proposed
FM broadcast facility, industry cash flow data and recent broadcast
transactions.[^6] The minimum opening bid amount is subject to reduction
at the discretion of the Commission. However, bidders should be aware
that the Commission will not entertain requests to lower minimum opening
bids. The agency will exercise its discretion, if at all, independent of
any communications from bidders.

***Messages and Announcements.*** The FCC will post pertinent auction
information as messages and announcements. Bidders should routinely
check for messages and announcements each time they enter the FCC
Automated Auction System, and should read this information carefully.

***Bidding Schedule.*** The bidding schedule for Wednesday, November 3,
2004, and continuing until further notice, will be:

[]{.mark}

Bidding Period 9:00 a.m. - 11:00 a.m. ET

Bidding Period 1:30 p.m. - 3:30 p.m. ET

Round results will be provided approximately 15 minutes after the close
of each round. The FCC will set the pace of the auction based upon its
monitoring of the bidding and its assessment of the auction\'s progress.
All subsequent schedule changes will be made by announcement during the
course of the auction.

***Bidder Questions during the Auction.*** FCC auction officials and
Technical Support staff will be available during the course of the
auction to answer questions from authorized bidders. Bidders should
identify themselves as a bidder with time sensitive auction questions
when calling any number. Help can be obtained through the following
telephone numbers:

+-----------------------------------+-----------------------------------+
| FCC Bidder Line                   | Use telephonic bid number         |
|                                   | supplied in registration mailing  |
| (telephonic bidding, auction      |                                   |
| conduct questions)                |                                   |
+-----------------------------------+-----------------------------------+
| FCC Technical Support Hotline     | \(202\) 414-1250                  |
|                                   |                                   |
| (all technical questions,         |                                   |
| software and hardware)            |                                   |
+-----------------------------------+-----------------------------------+
| FCC Auctions and Spectrum Access  | \(202\) 418-0660                  |
| Division (legal questions)        |                                   |
+-----------------------------------+-----------------------------------+
| FCC Media Bureau                  | \(202\) 418-2700                  |
|                                   |                                   |
| (service rules and legal          |                                   |
| questions)                        |                                   |
+-----------------------------------+-----------------------------------+

***Monitoring Round Results.*** Attachment F (How to Monitor the FCC
Auctions On-Line) of this *Public Notice* provides instructions for
reviewing and downloading round results, as well as other material
related to Auction No. 37, that will be released by the Commission
during the course of the auction.

***Auction Tracking Tool (ATT).*** The FCC has developed a tool for
tracking the results of its auctions. The ATT is a stand-alone
application that runs on Windows 95, 98, 2000, ME, NT, and XP operating
systems. It does not require any other software, although some advanced
features require Microsoft Excel. The tool will allow users to import
round result files and analyze bidding results after each round of the
auction. For installation and user instructions, see the README file,
the ATT User Manual, or the on-line help system that accompanies the
ATT.

The ATT version specifically designed for Auction No. 37 is available
for downloading and should be used for both the mock auction and the
actual auction. The ATT is located at the auctions web site,
<http://wireless.fcc.gov/auctions/>. From the options on the left,
select **Tracking Tools**.

The ATT, provided to bidders free of charge, is an additional means of
analyzing the auction round results. Bidders should have a back up
strategy in place, which may be quickly implemented, should they
experience technical difficulties with the ATT.

**ATT User Requirements.** This software is designed to be used by a
wide range of users. For the most effective use of the tool, users
should be familiar with:

-   Microsoft Windows 95, 98, NT, 2000, ME or XP

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-   Microsoft Excel 97 or higher

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-   The FCC simultaneous multiple-round auction format

***Amendments to FCC Form 175 Applications.*** Applicants are
responsible for maintaining the accuracy and completeness of information
furnished in their FCC Form 175 and exhibits.[^7] Applicants should
amend their applications as promptly as possible, but no later than 10
business days from the occurrence of a reportable change. Changes that
cause a loss of or reduction in eligibility for a new entrant bidding
credit should be reported immediately. Filers must make modifications to
their FCC Form 175 electronically and submit a letter, briefly
summarizing the changes, by electronic mail to the attention of Margaret
Wiener, Chief, Auctions and Spectrum Access Division, at the following
address: [auction37@fcc.gov](mailto:auction50@fcc.gov). A separate copy
of the letter should be faxed to Lynne Milne, Auctions and Spectrum
Access Division, (202) 418-1159. Questions about changes should be
directed to Lynne Milne at (202) 418-0660.

As described in the Commission\'s rules, applicants may make only minor
corrections to their FCC Form 175 applications (*e.g*., authorized
bidder, fax number).[^8] Major modifications (*e.g.*, changing the
markets applied for, changing control of the applicant, changing the
certifying official) will not be accepted.[^9] Bidders are reminded that
any changes affecting eligibility for the new entrant bidding credit,
insofar as it results in the diminishment or loss of the new entrant
bidding credit claimed on the Form 175 application, must be clearly
stated in the bidder\'s amended material and in the summary letter
referenced above. In such cases, the Commission will make appropriate
adjustments in the new entrant bidding credit prior to the computation
of down and final payment amounts due from any affected winning
bidders.[^10]

***Due Diligence.*** Potential bidders are reminded that they are solely
responsible for investigating and evaluating all technical and
marketplace factors that may have a bearing on the value of the
broadcast construction permits being offered in this auction. The FCC
makes no representations or warranties about the use of this spectrum
for particular services. Potential bidders are strongly encouraged to
conduct their own research prior to Auction No. 37 in order to determine
the existence of any pending administrative or judicial proceedings that
might affect their decisions regarding participation in the auction.
Potential bidders are also strongly encouraged to review all underlying
Commission orders, such as the specific *Report and Order* amending the
FM Table of Allotments and allotting the FM channel(s) on which they
plan to bid.[^11] Bidders are also responsible for reviewing all pending
rulemaking petitions and open proceedings, as well as reconsideration
petitions or waiver requests, that might affect the FM allotment(s) on
which they plan to bid. Additionally, potential bidders should perform
technical analyses sufficient to assure them that, should they prevail
in competitive bidding for a given FM allotment, they will be able to
build and operate facilities that will fully comply with the
Commission's technical and legal requirements. Participants in Auction
No. 37 are strongly encouraged to continue such research throughout the
auction.

**Potential bidders are solely responsible for identifying associated
risks and for investigating and evaluating the degree to which such
matters may affect their ability to bid on, otherwise acquire, or make
use of licenses available in Auction No. 37.** For further details
regarding due diligence, please refer to Section I.B.3 of the *Auction
No. 37 Procedures Public Notice*.[^12]

***Pending Matters Relating to Start of Auction No. 37*:** The
Commission has before it an Application for Review filed July 12, 2004
by the Minority Media and Telecommunications Council ("MMTC"). MMTC
seeks review of the *Auction No. 37 Procedures Public Notice*,
announcing procedures for the upcoming auction of FM Broadcast
construction permits. On July 19, 2004, MMTC also filed a motion for
stay of Auction No. 37. MMTC requests a stay of Auction No. 37 until the
Commission addresses the issues raised in its Application for Review of
the *Auction No. 37 Procedures Public Notice*. The Commission will
respond to these filings separately.

***Mock Auction*.** The FCC will conduct a mock auction on Thursday and
Friday, October 28-29, 2004, which will allow qualified bidders to
familiarize themselves with the FCC Automated Auction System. Only
qualified bidders will be permitted to participate in the mock auction.
The Bureau will conduct this auction over the Internet, and telephonic
bidding will be available as well. As a contingency plan, bidders may
also dial in to the FCC Wide Area Network. Qualified bidders that wish
to place bids telephonically should use the telephone number supplied in
the Auction No. 37 registration materials.

The mock auction will include all Auction No. 37 construction permits,
and will follow the rules governing the actual auction. **The mock
auction will be identified as Auction No. 74. The program will assume
that each bidder applied for all construction permits. The program will
reflect the actual upfront payment submitted by the bidder, which will
determine the initial (maximum) eligibility (as measured in bidding
units).** The mock auction will simulate the start of the auction, and
all bidders will be required to be active on 100 percent of their
current bidding eligibility. A bidder not meeting this requirement will
have a waiver automatically applied (if the bidder has any waivers
available), or its current eligibility will be permanently reduced (if
the bidder has no waivers remaining), possibly eliminating the bidder
from the auction.

Electronic bidders participating in the mock auction are advised to
review the Bidding System User Manual provided in the second mailing.
Attachment E to this *Public Notice* provides instructions for accessing
the FCC Mock Auction site.

The mock auction bidding schedule for Thursday, October 28, 2004, will
be:

Round 1 Bidding Period 9:00 a.m. - 11:00 a.m. ET

Round 2 Bidding Period 1:30 p.m. - 3:30 p.m. ET

The mock auction bidding schedule for Friday, October 29, 2004, will be:

Round 1 Bidding Period 9:00 a.m. - 10:00 a.m. ET

Round 2 Bidding Period 11:00 a.m. - 12:00 p.m. ET

Round 3 Bidding Period 1:30 p.m. - 2:00 p.m. ET

Round 4 Bidding Period 2:30 p.m. - 3:00 p.m. ET

**OTHER IMPORTANT INFORMATION**

**Prohibition of Collusion.** Applicants are reminded that Sections
1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants
for any of the same geographic license areas from communicating with
each other during the auction about bids, bidding strategies, or
settlements unless they have identified each other as parties with which
they have entered into agreements under Section 1.2105(a)(2)(viii).[^13]
The "geographic license area" is the market designation of the
particular service.[^14] For the FM service, the market designation is
the particular vacant FM allotment (*e.g.*, Bethel, Alaska Channel
252C3, Market FM001). In Auction No. 37, the rule applies to applicants
bidding for any of the same FM allotments. Therefore, applicants that
have applied to bid for an FM construction permit for the same allotment
have been precluded from engaging in prohibited communications after the
FCC Form 175 short-form application deadline. In addition, even if
auction applicants are each eligible to bid on only one common FM
allotment, they may not discuss with each other their bids or bidding
strategies relating to any FM allotment on which either is eligible to
bid. For Auction No. 37, this prohibition became effective at the
short-form application filing deadline on Friday, August 6, 2004, and
will end on the post-auction down payment deadline, which will be
announced in a future public notice.[^15] **This prohibition applies to
all applicants regardless of whether such applicants become qualified
bidders or actually bid.**[^16] For purposes of this prohibition,
Section 1.2105(c)(7)(i) defines applicant as including all controlling
interests in the entity submitting a short-form application to
participate in the auction, as well as all holders of partnership and
other ownership interests and any stock interest amounting to 10 percent
or more of the entity, or outstanding stock, or outstanding voting stock
of the entity submitting a short-form application, and all officers and
directors of that entity.[^17] If parties had agreed in principle on all
material terms of a bidding agreement(s), those parties must have been
identified on the short-form application under Section 1.2105(c), even
if the agreement had not been reduced to writing. If parties had not
agreed in principle by the filing deadline, an applicant should not have
included the names of those parties on its application, and must not
have continued negotiations or communications prohibited by the
anti-collusion rule.[^18]

The Bureaus have encouraged applicants competing for construction
permits in any of the same designated markets not to use the same
individual as an authorized bidder.[^19] A violation of the
anti-collusion rule could occur if an individual acts as the authorized
bidder for two or more competing applicants, and conveys information
concerning the substance of bids or bidding strategies between the
bidders he or she is authorized to represent in the auction. A violation
could similarly occur if the authorized bidders are different
individuals employed by the same organization (e.g., law firm or
consulting firm). In such a case, at a minimum, applicants should take
precautionary steps to prevent communication between authorized
bidders.[^20]

In addition, Section 1.65 of the Commission's rules requires an
applicant to *maintain* the accuracy and completeness of information
furnished in its pending application and to notify the Commission of any
substantial change that may be of decisional significance to that
application.[^21] Thus, Section 1.65 requires auction applicants that
engage in communications of bids or bidding strategies that result in a
bidding agreement, arrangement or understanding not already identified
on their short-form applications to promptly disclose any such
agreement, arrangement or understanding to the Commission by amending
their pending applications. In addition, Section 1.2105(c)(6) requires
all auction applicants to report prohibited discussions or disclosures
regarding bids or bidding strategy to the Commission in writing
immediately, but in no case later than five business days after the
communication occurs, even if the communication does not result in an
agreement or understanding regarding bids or bidding strategy that must
be reported under Section 1.65.[^22]

Applicants that are winning bidders will be required to disclose in
their long-form applications the specific terms, conditions, and parties
involved in all bidding consortia, joint ventures, partnerships, and
other arrangements entered into relating to the competitive bidding
process.[^23] Any applicant found to have violated the anti-collusion
rule may be subject to sanctions.[^24] In addition, applicants are
reminded that they are subject to the antitrust laws, which are designed
to prevent anti-competitive behavior in the marketplace. If an applicant
is found to have violated the antitrust laws or the Commission's
anti-collusion rule in connection with its participation in the
competitive bidding process, it may be subject to forfeiture of its
upfront payment, down payment, or full bid amount and may be prohibited
from participating in future auctions.[^25]

***Long-Form Applications.*** Within thirty days after release of the
auction closing public notice, winning bidders must electronically
submit a properly completed long-form (FCC Form 301, Application for FM
Construction Permit) application, including required exhibits, for each
construction permit won through Auction No. 37.[^26] The electronic
submission of FCC Form 301 must be accompanied by the applicable filing
fee. Winning bidders that are claiming new entrant status must include
an exhibit demonstrating their eligibility for the bidding credit.[^27]
Further filing instructions will be provided to the auction winners at
the close of the auction.

For additional information regarding this *Public Notice*, please
contact Linda Sanderson, Auctions Project Manager, at (717) 338-2888;
Jeff Crooks, Auctions Analyst, at (202) 418-0660; Lynne Milne, Attorney
Advisor, Auctions and Spectrum Access Division, at (202) 418-0660; or
Lisa Scanlan, Assistant Chief, Audio Division, or Thomas Nessinger,
Attorney Advisor, Audio Division, at (202) 418-2700.

Technical questions about software or hardware should be directed to
Technical Support at (202) 414-1250 (V) or (202) 414-1255 (TTY).

**[- FCC -]{.smallcaps}**

[^1]: *See* "Auction of FM Broadcast Construction Permits; Scheduled for
    November 3, 2004, Notice and Filing Requirements, Minimum Opening
    Bids, Upfront Payments and Other Auction Procedures," *Public
    Notice,* 19 FCC Rcd 10570 (MB/WTB 2004) ("*Auction No. 37 Procedures
    Public Notice"*); *see also "*Supplemental Notice Concerning Status
    of FCC Form 175 Applications to Participate in Auction No. 37;
    Auction of FM Broadcast Construction Permits," DA 04-3043 (rel.
    September 22, 2004).

[^2]: 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, GC Docket
    No. 92-52 and GEN Docket No. 90-264, *First Report and Order*, 13
    FCC Rcd 15920, 15923-25, ¶¶ 7-12 (1998) ("*Broadcast First Report
    and Order*").

[^3]: *Broadcast First Report and Order*, 13 FCC Rcd at 15978-80, ¶¶
    149-154. *See also* Implementation of Section 309(j) of the
    Communications Act -- Competitive Bidding, PP Docket No. 93-252,
    *Second Report and Order*, 9 FCC Rcd 2348, 2376, ¶ 165 (1994).

[^4]: Any applicant that submits a short-form application that is
    accepted for filing but fails to timely submit an upfront payment
    will retain its place in the MX Group but, having purchased no
    bidding eligibility, will not be eligible to bid.

[^5]: The length of a call to place a telephonic bid may vary; please
    allow a minimum of 10 minutes.

[^6]: *Auction No. 37 Procedures Public Notice*, 19 FCC Rcd at 10590.
    Attachment A of the *Auction No. 37 Procedures Public Notice* sets
    forth the minimum opening bids for each construction permit offered
    in Auction No. 37.

[^7]: 47 C.F.R § 1.65.

[^8]: 47 C.F.R. § 1.2105(b).

[^9]: *Id*.

[^10]: 47 C.F.R. §§ 73.5007; 73.5008.

[^11]: *See* 47 C.F.R. § 73.202.

[^12]: *See Auction No. 37 Procedures Public Notice*, 19 FCC Rcd at
    10577-79.

[^13]: 47 C.F.R. §§ 1.2105(a)(2)(viii), 1.2105(c)(1), 73.5002(c). *See
    also Auction No. 37 Procedures Public Notice*, 19 FCC Rcd at
    10575-77, for a discussion of the anti-collusion rules in Auction
    No. 37 and the application of geographic license areas to the FM
    broadcast service. *See also* Amendment of Part 1 of the
    Commission\'s Rules -- Competitive Bidding Procedures, WT Docket No.
    97-82, *Seventh Report and Order*, 16 FCC Rcd 17546 (2001) (*Part 1
    Seventh Report and Order*); *id*., *Fifth Report and Order*, 15 FCC
    Rcd 15293, 15297-98 ¶¶ 7-8 (2000).

[^14]: *Part 1 Seventh Report and Order*, 16 FCC Rcd at 17549 n.12.

[^15]: 47 C.F.R. § 1.2105(c)(1).

[^16]: *See, e.g.,* Letter to Robert Pettit, Esquire, from Margaret W.
    Wiener, Chief, Auctions and Industry Analysis Division, Wireless
    Telecommunications Bureau, Federal Communications Commission, 16 FCC
    Rcd 10080 (WTB 2000) (declining to except an applicant's controlling
    interest from coverage by the anti-collusion rule, even though the
    applicant never made an upfront payment for the auction and was not
    listed as a qualified bidder).

[^17]: 47 C.F.R. § 1.2105(c)(7)(i).

[^18]: *See* "Wireless Telecommunications Bureau Clarifies Spectrum
    Auction Anti-Collusion Rules," *Public Notice*, 11 FCC Rcd 9645
    (1995).

[^19]: *See Auction No. 37 Procedures Public Notice*, 19 FCC Rcd at
    10576.

[^20]: *See* In re Application of Nevada Wireless for a License to
    Provide 800 MHz Specialized Mobile Radio Service in the Farmington,
    NM-CO Economic Area (EA-155) Frequency Band A, *Memorandum Opinion
    and Order,* 13 FCC Rcd 11973, 11977, ¶ 11 (1998) ("*Nevada
    Wireless*"*)*.

[^21]: 47 C.F.R. § 1.65. *See also supra* at 5.

[^22]: 47 C.F.R. § 1.2105(c)(6); *see also Part 1* *Seventh Report and
    Order*, 16 FCC Rcd at 17555 ¶ 17.

[^23]: 47 C.F.R. § 1.2107(d).

[^24]: *See* 47 C.F.R. §§ 1.2105(c), 1.2107(d), and 1.2109(d).

[^25]: 47 C.F.R. § 1.2109(d).

[^26]: 47 C.F.R. § 73.5005.

[^27]: 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.