**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 01-1300

**May 25, 2001**

### Auction Filing Window For

### New Analog Television Stations

### Auction No. 82

**Report No. AUC-01-82-A (Auction No. 82)**

The Mass Media Bureau ("MMB") and the Wireless Telecommunications Bureau
("WTB") announce an auction filing window for new analog television
stations for the channels and communities listed below. As noted, for
each of these stations, there is currently pending a long-form (FCC Form
301) application. Therefore, parties interested in filing for these
stations should understand that it is likely that their application will
be mutually exclusive with a previously-filed application and that
selection among mutually exclusive applicants for these stations will be
via the Commission's broadcast competitive bidding rules. See 47 C.F.R.
§ 73.5000 *et seq.* The four construction permits listed below are full
service television stations and will use the designator code of PST.

#### Ch. City State File Number Pending Applicant 

#### 47 Columbia SC BPCT-19960722KG Fant Broadcast Development, LLC 

51 Pittsfield MA BPCT-19960724LI Pappas Telecasting of America

34 Magee MS BPCT-19960920LS Marri Broadcasting, LP

16 Scottsbluff NE BPCT-19960111LO Wyomedia Corporation

The filing window will open on June 25, 2001, and close on June 29,
2001. **Those wishing to participate in the auction, including those
with the pending applications listed above, must file a short-form
application (FCC Form 175) by 5:30 p.m. Eastern Time, June 29, 2001. As
for the pending applicants, failure to submit an FCC Form 175 during
this window will result in dismissal of the pending application.** See
Attachments A, B, and C for more information regarding the completion of
Form 175, including information on bidding credits and designated
entities.

In order to permit the filing of short-form applications during a period
in which the Wireless Telecommunications Bureau has planned
infrastructure upgrades, the Bureau hereby waives the electronic filing
requirement[^1] 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 Form 175 and Exhibits

Attachment C: Eligibility for New Entrant Bidding Credit; Ownership
Disclosure Requirements; Consortia and Joint Bidding Arrangements

**ATTACHMENT A**

**PRE-AUCTION PROCEDURES**

**A. Short-Form Application (FCC Form 175) Filing Procedures \-- Due
June 29, 2001, 5:30 p.m. ET**

All applicants must submit an FCC Form 175 application no later than
5:30 p.m. ET on June 29, 2001. Late applications will not be accepted.
There is no application fee required when filing an FCC Form 175.

(1) **Manual Filing**

> All FCC Form 175 applications for this filing window **[must be filed
> manually]{.underline}.**

**Applicants must use the October 2000 version of FCC Form 175 and FCC
Form 175 Schedule B. Earlier versions of the FCC Form 175 will not be
accepted for filing.** A copy of the form, along with instructions are
included in this public notice. Additional copies of the FCC Form 175
can be obtained by calling the Commission\'s Forms Distribution Center
at (800) 418‑3676 (outside Washington, D.C.) or (202) 418‑3676 (in the
Washington area). Copies can also be downloaded from the Commission\'s
World Wide Web site at [http://www.fcc.gov/formpage.html]{.underline}.
If applicants have any questions concerning availability of the FCC Form
175, they should call the FCC Records Management Branch at (202)
418‑0210.

> Applications must be submitted by hand delivery (including private
> \"overnight" courier) or by U.S. mail (certified mail with return
> receipt recommended), addressed to:

FCC Form 175 Filing Auction No. 82

Federal Communications Commission

Wireless Telecommunications Bureau

Auctions and Industry Analysis Division

1270 Fairfield Road

Gettysburg, PA 17325-7245

**NOTE: Applications delivered to any other location or applications
sent via facsimile will not be accepted.**

**(2) Completion of the FCC Form 175**

Applicants should carefully review 47 C.F.R. Sections 1.2105 and 73.5002
and must complete all items on the FCC Form 175. Detailed instructions
for completing the FCC Form 175 are listed Attachment B of this Public
Notice. Failure to sign the FCC Form 175 will result in dismissal of the
application and loss of the ability to participate in the auction.
**Only original signatures will be accepted for filed applications.**

B.  **Prohibition of Collusion**

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. This prohibition becomes effective at the short-form
application deadline, and ends on the post-auction down payment due
date. Bidders competing for the same construction permit(s) are
encouraged not to use the same individual as an authorized bidder. 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. Also, if the authorized bidders are different individuals
employed by the same organization (*e.g.*, law firm or technical
consulting firm), a violation could similarly occur. At a minimum, in
such a case, applicants should certify that precautionary steps have
been taken to prevent communication between authorized bidders and that
applicants and their bidding agents will comply with the anti-collusion
rule.[^2] The Bureaus, however, caution that merely filing a certifying
statement as part of an application will not outweigh specific evidence
that collusive behavior has occurred, nor will it preclude the
initiation of an investigation when warranted.[^3] However, applicants
may enter into bidding agreements before filing their FCC Form 175
short-form applications, as long as they disclose the existence of the
agreement in their FCC Form 175 applications.[^4]

By submitting their FCC Form 175 short-form applications, applicants are
certifying their compliance with Sections 1.2105(c) and 73.5002. 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, as promptly as
possible and in any event within 30 days, of any substantial change that
may be of decisional significance to that application. Thus, Section
1.65 requires an auction applicant to notify the Commission of any
violation of the anti-collusion rules upon learning of such violation.
Bidders are therefore required to make such notification to the
Commission immediately upon discovery.

**C. Application Processing and Minor Corrections**

After the deadline for filing has passed, and assuming more than one FCC
Form 175 is received, the FCC will subsequently issue a public notice
identifying: (1) those applications which are mutually exclusive
(including FCC reference numbers); (2) those applications rejected; and
(3) those applications that have minor defects that may be corrected,
and the deadline and instructions for filing such corrected
applications. If only one FCC Form 175 is received for a specific
construction permit during the window, that construction permit will be
removed from the auction inventory. That applicant will then be required
to submit FCC Form 301, unless one has already been filed by that party.

As described more fully in the Commission\'s Rules, after the June 29,
2001 filing deadline, an applicant may make only minor non-technical
corrections to its FCC Form 175 application. Applicants will not be
permitted to make major modifications to their applications. *See* 47
C.F.R. Section 1.2105. For this reason it is critical that all
applicants carefully review their FCC Form 175 submissions prior to the
close of the initial filing window.

(1) **Review of FCC Form 175**

> Applicants may review their own and other applicants' completed FCC
> Form 175s

after the filing deadline has passed and the FCC has issued a public
notice concerning the status of the applications. The forms will be
available for review at the Public Reference Center, Office of Media
Relations, 445 Twelfth Street, SW, Suite CY-A257, Washington, DC 20554.
Applicants may also obtain copies of the forms from the FCC Copy
Contractor, International Transcription Services, Inc., at the same
address, Room CY-B400, (202) 314-3070.

**ATTACHMENT B**

**GUIDELINES FOR COMPLETION**

**OF FCC FORM 175 AND EXHIBITS**

**A. FCC Form 175**

Because of the significance of the FCC Form 175 application to the
auction, applicants should especially note the following:

**Applicants must use the October 2000 version of the FCC Form 175 and
FCC Form 175 Schedule B. Earlier versions of the FCC Form 175 will not
be accepted**. A copy of the form along with instructions are included
in this public notice. Additional copies of the FCC Form 175 can be
obtained by calling the Commission's Forms Distribution Center at (800)
418-3676) (outside Washington, D.C.) or (202) 418-3676) (in the
Washington area). Copies can also be downloaded from the Commission's
World Wide Web site at <http://www.fcc.gov/formpage.html>. If applicants
have any questions concerning availability of the FCC Form 175, they
should call the FCC Records Management Branch at (202) 418-0210.

**Filing Address:** Applications may be submitted by hand delivery
(including private "overnight" courier or by U.S. mail (certified mail
with return receipt recommended), address to:

FCC Form 175 Filing Auction No. 82

Federal Communications Commission

Auctions and Industry Analysis Division

1270 Fairfield Road

Gettysburg, PA 17325-7245

**NOTE: Applications delivered to any other location will not be
accepted.**

**Applicant:** Name given is used as your bidder name in the auction.

**Applicant Address:** Applicants must provide a street address (not a
Post Office box number), suitable for mail or private parcel delivery.

**Applicant Classification:** Applicants must indicate their legal
classification. The FCC Form 175 requires the applicant to classify
itself as an individual, joint venture, partnership, trust, corporation,
consortium, association, limited liability company (LLC) or government
entity.

**Applicant Status:** Applicants are requested to indicate their status
as a rural telephone company, minority-owned business and/or women-owned
business, so that the FCC can monitor its performance in promoting
economic opportunities for these designated entities.

**Bidding Credit Eligibility:** Applicants that qualify for the New
Entrant Bidding Credit must enter the applicable bidding credit (25
percent or 35 percent) in the bidding credit eligibility item on the FCC
Form 175. Applicants are advised that this is the sole opportunity to
select "New Entrant" status and claim a bidding credit level (if
applicable). There is no opportunity to change the election once the
initial short-form filing deadline passes on June 29, 2001.

**Licenses/Construction Permits:** Applicants should list all
construction permits on which they want to be eligible to bid in the
auction. Broadcast applicants should use FCC Form 175 Schedule B to list
construction permits. Be advised that there is no opportunity to change
this list once the short-form filing deadline passes on June 29, 2001.
It is critically important that you confirm the construction permits
that you have selected because the FCC auction system will not accept
bids on construction permits for which an applicant has not applied on
its FCC Form 175.

**Authorized Bidders:** Applicants must list the name(s) of the
person(s) (no more than three) authorized to represent them at the
auction. Only those individuals listed on the FCC Form 175 will be
authorized to place or withdraw bids for the applicant during the
auction.

**Certifications:** Applicants should carefully read the list of
certifications on the FCC Form 175. These certifications help to ensure
a fair and competitive auction and require, among other things,
disclosure to the Commission of certain information on applicant
ownership and agreements or arrangements concerning the auction.
Submission of an FCC Form 175 application constitutes a representation
by the certifying official that he or she is an authorized
representative of the applicant, has read the form\'s instructions and
certifications, and that the contents of the application and its
attachments are true and correct. Submission of a false certification to
the Commission may result in penalties, including monetary forfeitures,
license/permit forfeitures, ineligibility to participate in future
auctions, and/or criminal prosecution.

**Contact person/address:** If the Commission wishes to communicate with
the applicant by telephone or fax, those communications will be directed
to the contact person identified on the FCC Form 175. Space is provided
for an address, telephone number, fax number, and e-mail address. All
written communication and registration information will be directed to
the applicant's contact person at the address specified on the FCC Form
175. Applicants must provide a street address; no P.O. Box addresses may
be used.

**Completeness:** Applicants must submit all information required by the
FCC Form 175 and by applicable rules. Failure to submit required
information by the resubmission date will result in dismissal of the
application and inability to participate in the auction. *See* 47 C.F.R.
§ 1.2105(b).

**NOTE:** Failure to sign the FCC Form 175 will result in dismissal of
the application and loss of the ability to participate in the auction.
**Only original signatures will be accepted.**

**Continuing Accuracy:** Each applicant is responsible for the
continuing accuracy and completeness of information furnished in the FCC
Form 175 and its exhibits. *See* 47 C.F.R. § 1.65. Applicants are
reminded that they consent to be audited in the certification section of
the FCC Form 175 (see certification item number 6).

**B. Exhibits and Attachments**

In addition to the FCC Form 175 itself, applicants must submit
additional information required by the Commission\'s rules. Although the
FCC does not require a particular format for this information, it has
developed the following guidelines that will facilitate the processing
of short-form applications. The FCC encourages applicants to submit this
information using the following format.

**Exhibit A \-- Applicant Identity and Ownership Information**: Section
73.5002 of the broadcast competitive bidding procedural rules specifies
the bidding procedures, certification requirements, and anti-collusion
rules applicable to applications for commercial broadcast services that
are subject to auction. Subsection (b) of that rule requires the timely
submission of short-form applications along with all required
certifications, information and exhibits pursuant to the provisions of
47 C.F.R. § 1.2105(a). Section 1.2105, in turn, requires the disclosure
on the short-form of applicant ownership information as set forth in
Section 1.2112. Specifically, 47 C.F.R. § 1.2105(a)(2)(ii) requires each
applicant to fully disclose the real party or parties-in-interest, and
the addresses and citizenship of the parties, in an exhibit to its FCC
Form 175 application. Furthermore, each applicant applying for a New
Entrant Bidding Credit must provide detailed ownership information for
itself and its attributable interest holders, as defined by Section
73.3555 of the Commission\'s rules and by Note 2 to that Section.
Regardless of whether a New Entrant Bidding Credit is being sought, all
applicants must provide the identification and ownership information.

**Exhibit B \-- Agreements with Other Parties/Joint Bidding
Arrangements**: Applicants must attach an exhibit identifying all
parties with whom they have entered into any agreements, arrangements or
understandings of any kind that relate to the construction permits being
auctioned, including any agreements relating to the post-auction market
structure. *See* 47 C.F.R. § 1.2105(a)(2)(viii).

Certification (4) to the FCC Form 175 requires the applicant to certify
that it will not enter into any explicit or implicit agreements or
understandings of any kind with parties not identified in the
application regarding bid amounts, bidding strategies, or the particular
construction permits on which the applicant will or will not bid. *See*
45 C.F.R. § 1.2105(a)(2)(ix)*. Except to the extent provided in 47
C.F.R. § 73.5002 (d),* the prohibition of collusion set forth in 47
C.F.R. § 1.2105(c) becomes effective upon the filing of short-form
applications. To prevent collusion, the Commission\'s Rules *generally*
prohibit communication among applicants for the same mutually exclusive
permits or licenses between the initial short-form applications filing
deadline and the deadline for down payments on construction permits won,
when such communication concerns bids, bidding strategies, or
settlements*.* 47 C.F.R. § 1.2105(c).

**Exhibit C \-- Status as a New Entrant Bidding Credit Recipient:** An
applicant claiming that it qualifies for a 35 percent new entrant credit
must certify under penalty of perjury that neither it nor any of its
attributable interest holders have any attributable interests in any
other media of mass communications, as defined in 47 C.F.R. § 73.5008.
With respect to those qualifying for a 25 percent credit, the applicant
must provide a certification under penalty of perjury that neither it
nor any of its attributable interest holders have attributable interests
in more than three media of mass communications, as defined in 47 C.F.R.
§ 73.5008. In addition, applicants claiming a 25 percent credit shall
identify and describe such media of mass communications. *See* 47 C.F.R.
§§ 73.5007 and 73.5008.

**Exhibit D \-- Information Requested of Designated Entities:**
Applicants owned by minorities or women, as defined in 47 C.F.R. §
1.2110(c)(3), or that are rural telephone companies, as defined in 47
C.F.R. § 1.2110(c)(4), may attach an exhibit regarding this status. This
information, in conjunction with the information in the Applicant Status
item, will assist the Commission in monitoring the participation of
these \"designated entities\" in its auctions.

**Exhibit E -- Miscellaneous:** Applicants wishing to submit additional
information may do so in Exhibit E.

**ATTACHMENT C**

**ELIGIBILITY FOR** **NEW ENTRANT BIDDING CREDIT;**

**OWNERSHIP DISCLOSURE REQUIREMENTS;**

**CONSORTIA AND JOINT BIDDING ARRANGEMENTS**

**ELIGIBILITY FOR** **NEW ENTRANT BIDDING CREDIT**

**A. General Eligibility Criteria**

To fulfill its obligations under Section 309(j) and further its
long-standing commitment to the diversification of broadcast facility
ownership, the Commission adopted a tiered New Entrant Bidding Credit
for auction applicants with no, or very few other media interests.

(1) **Determination of** **Eligibility for Bidding Credit**

For purposes of determining which entities qualify for a New Entrant
Bidding Credit, the following information should be considered: the
interests of the bidder, and of any individuals or entities with an
attributable interest in the bidder, in other media of mass
communications at the time of the short-form application filing
deadline.

The interests held by the bidder, and by any individual or entity with
an attributable interest in the bidder, in other media of mass
communications shall be considered when determining a bidder\'s
eligibility for the New Entrant Bidding Credit. Under traditional
broadcast attribution rules, those entities or individuals with an
attributable interest in a bidder include: all officers and directors of
a corporate bidder; any owner of 5% or more of the voting stock of a
corporate bidder; all partners and limited partners of a partnership
bidder, unless the limited partners are sufficiently insulated; and all
members of a limited liability company, unless insulated.[^5] In cases
where a bidder's spouse or close family member holds other media
interests, such interests are not automatically attributable to the
bidder. The Commission decides attribution issues in this context based
on certain factors traditionally considered relevant.[^6] Bidders should
note that the mass media attribution rules were recently revised.[^7]

Bidders are also reminded that, by *Memorandum Opinion and Order*
released August 5, 1999,[^8] the Commission further refined the
eligibility standards for the New Entrant Bidding Credit, judging it
appropriate to attribute the media interests held by very substantial
investors in, or creditors of, a bidder claiming new entrant status.
Specifically, the attributable mass media interests held by an
individual or entity with an equity and/or debt interest in a bidder
shall be attributed to that bidder for purposes of determining its
eligibility for the New Entrant Bidding Credit, if the equity and debt
interests, in the aggregate, exceed 33% of the total asset value of the
bidder, even if such an interest is non-voting. [^9]

Generally, media interests will be attributable for purposes of the New
Entrant Bidding Credit to the same extent that such other media
interests are considered attributable for purposes of the broadcast
multiple ownership rules.[^10] However, attributable interests held by a
winning bidder in existing low power television, television translator
or FM translator facilities will not be counted among the bidders\'
other mass media interests in determining its eligibility for a New
Entrant Bidding Credit.[^11] A medium of mass communications is defined
in 47 C.F.R § 73.5008(b).

The bidder\'s attributable interests shall be determined as of the short
form (FCC Form 175) filing deadline. Bidders intending to divest a media
interest or make any other ownership changes, such as resignation of
positional interests, in order to avoid attribution for purposes of
qualifying for the New Entrant Bidding Credit must have consummated such
divestment transactions or have completed such ownership changes by no
later than the short-form filing deadline.[^12]

**(2) Application Showing**

Applicants are required to file supporting documentation as Exhibits A
and C to their FCC Form 175 short-form applications to establish that
they satisfy the eligibility requirements to qualify for a New Entrant
Bidding Credit.[^13] In addition, in those cases where a New Entrant
Bidding Credit is being sought, a certification under penalty of perjury
must be set forth in Exhibit C attesting to the eligibility of the
bidder for the level of Credit claimed.

**B. Bidding Credits**

Applicants that qualify for the New Entrant Bidding Credit, as set forth
in 47 C.F.R. § 73.5007,[^14] are eligible for a bidding credit that
represents the amount by which a bidder\'s winning bids are discounted.
The size of a New Entrant Bidding Credit depends on the number of
ownership interests in other media of mass communications that are
attributable to the bidder-entity and its attributable interest-holders:

-   A 35 percent bidding credit will be given to a winning bidder if it,
    and/or any individual or entity with an attributable interest in the
    winning bidder, has no attributable interest in any other media of
    mass communications, as defined in 47 C.F.R. § 73.5008; and,

-   A 25 percent bidding credit will be given to a winning bidder if it,
    and/or any individual or entity with an attributable interest in the
    winning bidder, has an attributable interest in no more than three
    mass media facilities, as defined in 47 C.F.R. § 73.5008; and,

-   No bidding credit will be given if any of the commonly owned mass
    media facilities serve the same area as the proposed broadcast
    station, as defined in 47 C.F.R. § 73.5007, or if the winning
    bidder, and/or any individual or entity with an attributable
    interest in the winning bidder, have attributable interests in more
    than three mass media facilities.

Bidding credits are not cumulative; qualifying applicants receive either
the 25 percent or the 35 percent bidding credit, but not both.
Attributable interests are defined in 47 C.F.R. § 73.3555 and Note 2 of
that section. Bidders should note that unjust enrichment provisions
apply to a winning bidder that utilizes a bidding credit and
subsequently seeks to assign or transfer control its license or
construction permit to an entity not qualifying for the same level of
bidding credit.[^15]

**OWNERSHIP DISCLOSURE REQUIREMENTS**

All applicants must comply with the uniform Part 1 ownership disclosure
standards and provide information set forth in Sections 1.2105 and
1.2112 of the Commission's rules. Specifically, in completing Form 175,
applicants will be required to file in Exhibit A, a full and complete
statement of the ownership of the bidding entity.[^16] The ownership
disclosure standards for the short form are set forth in Section 1.2112
of the Commission's rules. Applicants should note that Section 1.2112
requires the reporting of interests of ten percent or greater of any
FCC-regulated entity or applicant for an FCC license.

Applicants owned by minorities or women, as defined in 47 C.F.R. §
1.2110(c)(3), may attach an exhibit (Exhibit D) regarding this status.
This applicant status information is collected for statistical purposes
only and assists the Commission in monitoring the participation of
\"designated entities\" in its auctions. Applicants wishing to submit
additional information may do so in Exhibit E -Miscellaneous Information
-- to the FCC Form 175.

**CONSORTIA AND JOINT BIDDING ARRANGEMENTS**

Applicants will be required to identify on their short-form applications
any parties with whom they have entered into any consortium
arrangements, joint ventures, partnerships or other agreements or
understandings which relate in any way to the competitive bidding
process. *See* 47 C.F.R. §§ 1.2105(a)(2)(viii); 1.2105(c)(1). Applicants
will also be required to certify on their short form applications that
they have not entered into any explicit or implicit agreements,
arrangements or understandings of any kind with any parties, other than
those identified, regarding the amount of their bids, bidding
strategies, or the particular construction permits on which they will or
will not bid. *See* 47 C.F.R*.* § 1.2105(a)(2)(ix). In cases where such
consortia or joint bidding arrangement are contemplated, applicants must
submit an Exhibit B to the FCC Form 175.

[^1]: *See* 47 C.F.R § 1.2105(a).

[^2]: *See, e.g.,* "Wireless Telecommunications Bureau Responds to
    Questions About the Local Multipoint Distribution Service Auction,"
    *Public Notice*, 13 FCC Rcd 341 (1998); 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*").

[^3]: *See Nevada Wireless, supra* note 1 at 11978, ¶ 13.

[^4]: *See* 47 C.F.R. § 1.2105(c).

[^5]: *See* 47 C.F.R. § 73.3555 Note 2.

[^6]: *See* *Clarification of Commission Policies Regarding Spousal
    Attribution*, 7 FCC Rcd 1920 (1992).

[^7]: *See Review of the Commission's Regulations Governing Attribution
    of Broadcast and Cable/MDS Interests*, MM Docket No. 94-150, FCC
    99-207 (rel. August 6, 1999) (prior history omitted).

[^8]: *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, 64 Fed.
    Reg. 44856 (August 18, 1999).

[^9]: *See* 47 C.F. R. § 73.5008.

[^10]: Further, any bidder asserting new entrant status must have *de
    facto* as well as *de jure* control of the entity claiming the
    bidding credit. 47 C.F.R. § 73.5007. Typically, *de jure* control is
    evidenced by ownership of at least 50.1 percent of an entity\'s
    voting stock or equivalent level of interest in cases where the
    bidder is not a corporate entity. *De facto* control is determined
    on a case-by-case basis.

[^11]: ^?^ *Memorandum Opinion and Order on* *Reconsideration* at ¶ 75.

[^12]: The fact that, on the short form filing deadline, a bidder has a
    pending or granted application to assign or transfer control of a
    media interest shall not be sufficient to avoid attribution. Bidders
    must have consummated the transaction by the short form filing
    deadline to avoid attribution.

[^13]: See 47 C.F.R. § 1.2105.

[^14]: Section 73.5007 of the Commission's rules was most recently
    revised pursuant to the *Memorandum* *Opinion and Order on
    Reconsideration*. The revised version of the rule became effective
    on July 6, 1999.

[^15]: *See* 47 C.F.R. § 73.5007( c ).

[^16]: Section 73.5002 of the broadcast competitive bidding procedural
    rules specifies the bidding procedures, certification requirements,
    and anti-collusion rules applicable to applications for commercial
    broadcast services that are subject to auction. Subsection (b) of
    that rule requires the timely submission of short-form applications
    *along with all required certifications, information and exhibits
    pursuant to the provisions of 47 C.F.R. § 1.2105(a).* Section
    1.2105, in turn, requires the disclosure on the short-form of
    applicant ownership information as set forth in Section 1.2112.