![](media/image1.png){width="0.78125in" height="0.78125in"} **PUBLIC
NOTICE**

**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 03-2095**

**June 30, 2003**

### FM Translator Auction No. 83

### Non-Mutually Exclusive Applications

## Media Bureau Announces Form 349 Application Deadline, Processing Procedures,

## and Fifteen-Day Petition to Deny Period

## Report No. AUC-03-83-B

On February 6, 2003, the Media Bureau ("MB") and the Wireless
Telecommunications Bureau announced an auction filing window, from March
10, 2003 to March 14, 2003, for the filing of applications for new FM
translator stations and major modifications to authorized FM translator
stations in the non-reserved FM band.[^1] The filing window was
subsequently extended to March 17, 2003.[^2] By this Public Notice, the
Audio Division, under delegated authority, releases a list of timely
filed applications that are not mutually exclusive with any other
applications submitted in the filing

window. These "singleton" applications are exempt from the Commission's
auction procedures.[^3]

***Required Form and Fees:* All applicants listed in Attachment A must
submit a complete FCC Form 349 by August 29, 2003.** [^4] All applicants
also must submit the required application filing fee, if applicable, and
a FCC Form 159, Remittance Advice.[^5] Applicants that previously filed
complete applications on FCC Form 349 prior to the 2003 FM translator
filing window must comply with these requirements. Applicants may seek
refunds from the Office of Managing Director of filing fees submitted
with such prior-filed applications.[^6]

***How to File:*** Applicants must file complete FCC Form 349
applications **electronically** through the Media Bureau's Consolidated
Database System (CDBS) online electronic forms filing system. Additional
information regarding electronic application filing is provided in
*Public Notice, Media Bureau Implements Mandatory Electronic Filing of
FCC Forms 301-CA, 346, 349 and 350.* [^7] When filing the FCC Form 349,
applicants must select "Long Form Application for FM Translator Auction
Window 83" on the Pre-form for Form 349 (Question 2 -- Application
Purpose). In addition, the CDBS file number previously issued to the
Form 349 application submitted in the FM translator auction filing
window must be entered in the field "Eng. Proposal File Number."
Instructions for use of the electronic filing system are available in
the CDBS User's Guide, which can be accessed from the electronic filing
web site at:

http: //www.fcc.gov/mb

Internet access to the CDBS public access system at the Commission's Web
Site requires a user to have a browser such as Netscape version 3.04 or
Internet Explorer version 3.51, or later. For technical assistance with
electronic filing, call the Media Bureau CDBS Help Desk at (202)
418-2MMB.

The staff will dismiss FCC Form 349 applications not submitted in
accordance with the procedures described above. The staff will dismiss,
without further processing, the previously filed technical submissions
of any applicant listed in Appendix A that fails to electronically
submit the complete FCC Form 349 long form application by August 29,
2003. The filing deadline will be strictly enforced.[^8]

***Petition to Deny Filing Period**.* The staff will study the submitted
"singleton" FCC Form 349 applications for acceptability. It will
subsequently issue CDBS-generated Public Notices entitled "Broadcast
Applications" listing those applications determined to be acceptable for
filing. A petition to deny the FCC Form 349 application must be filed
within 15 days following the release of the pertinent Public Notice.[^9]
Interested parties should monitor these CDBS Broadcast Applications
Public Notices. []{.mark}

For additional information, contact Trang Nguyen, Bill Wilson, Jim
Bradshaw or Lisa Scanlan of the Audio Division at (202) 418-2700.

***This Public Notice contains the following Attachment:***

**Attachment A:** Non-Mutually Exclusive FM Translator Applications Not
Subject to Auction

[^1]: *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, Public Notice*, 18 FCC Rcd 1565 (2003)
    ("*February* *2003 Window Public Notice*"). Applicants were required
    to file electronically a FCC Form 175, Application to Participate in
    an FCC Auction. They also were required to file Section I, the Tech
    Box of Section III-A, and the Section VI Certification of FCC Form
    349, Application for Authority to Construct or Make Changes in an FM
    Translator or FM Booster Station. These sections permitted the staff
    to determine mutual exclusivities among applicants.

[^2]: *FM Translator* *Auction Filing Window and Application Freeze
    Extended to March 17, 2003, Public Notice*, 18 FCC Rcd 3275 (2003).

[^3]: *See* 47 U.S.C. § 309(j); 47 C.F.R. § 73.5005(d); *First Report
    and Order, Implementation of Section 309(j) of the Communications
    Act \-- Competitive Bidding for Commercial Broadcast and
    Instructional Television Fixed Service Licenses*, 13 FCC Rcd 15920
    (1998) ("*Broadcast Auction First Report and Order*").

[^4]: *See* 47 U.S.C. § 8; 47 C.F.R. §§ 0.401(b), 1.1104, 1.1109,
    1.1110, 73.5005(d), 73.3512, 74.1233(d). Generally, applicants whose
    short form applications are determined to be non-mutually exclusive
    must file the appropriate long form application within thirty days
    of public notice identifying such non-mutually exclusive
    applications. *See e.g.* 47 C.F.R. § 73.5005(d). Given the
    significant volume of FM translator applications filed in response
    to the *February* *2003 Window Public Notice*, we hereby extend the
    30-day period for the filing of long form applications. *Broadcast
    Auction First Report and Order*, 13 FCC Rcd at 15984 (retaining
    discretion to extend the 30-day period for the filing of long form
    applications upon good cause showing).

[^5]: *See* Schedule of Charges at 47 C.F.R. § 1.1104. Method and form
    of payment are addressed in 47 C.F.R. §§ 1.1109, 1.1110. *See also*
    the Media Services Application Fee Filing Guide and the FCC Form 349
    instructions. The general exemptions to charges are specified in 47
    C.F.R. § 1.1114. Government entities are exempt from this fee
    requirement. Also exempt are applicants for noncommercial
    educational FM translator facilities, as defined in 47 C.F.R. §
    74.1201(c). When filing a fee-exempt application, an applicant must
    complete Section I, item 3 of Form 349 and provide an explanation as
    appropriate.

[^6]: *See* 47 C.F.R. § 1.1113 (return or refund of charges).

[^7]: 17 FCC Rcd 8575 (MB 2002).

[^8]: *See* 47 C.F.R. § § 73.5005, 74.1233(d). Pursuant to procedures
    adopted in the *Broadcast Auction First Report and Order*,
    non-mutually exclusive applicants filing FCC Form 349 long form
    applications may change the technical proposals specified in their
    previous, auction window short form filing. However, such
    non-mutually exclusive applicants may not specify in the complete
    FCC Form 349 long form application a change in the proposed facility
    that constitutes a major change from the facility specified earlier,
    nor may they create new mutual exclusivities. Applicants specifying
    such major changes or creating new application conflicts will be
    dismissed without further opportunity to amend. *See Broadcast
    Auction First Report and Order,* 13 FCC Rcd at 15991.

[^9]: *See* 47 C.F.R. § § 73.5006(b), 74.1233(d)(4).