**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 00-2142**

**September 22, 2000**

### AM Auction No. 32 

### Non-Mutually Exclusive Applications

## 

## Mass Media Bureau Announces Form 301 Application Deadline 

## and Ten-Day Petition to Deny Period

## 

On November 19, 1999, the Mass Media Bureau ("MMB")[^1] announced a
five-day period, from January 24, 2000 to January 28, 2000, for the
filing of applications for new AM stations and major modifications to
authorized AM stations.[^2] The filing window was subsequently extended
to February 1, 2000.[^3] By this Public Notice, the Audio Services
Division, under delegated authority, provides as Attachment A a list of
all applications received during the filing widow, as extended, that are
not mutually exclusive with any other applications submitted in the
filing window. Since the applications listed in Attachment A are not
mutually exclusive with any other proposal, *i.e.*, since they are
"singletons," they will not be subject to the Commission's auction
procedures.[^4] By this Public Notice, the Audio Services Division
announces processing procedures for the singleton applications.

***Required Forms:* The singleton applicants listed in Attachment A must
now submit a complete FCC Form 301 by October 23, 2000,** pursuant to
the procedures set forth in the Commission's rules.[^5] They must
simultaneously submit the required application filing fee for a
construction permit for a new commercial AM radio station or for a major
change in an authorized AM station and a FCC Form 159, Remittance
Advice.[^6] We emphasize that these requirements apply to all applicants
listed in Attachment A, including those that filed a complete FCC Form
301 prior to the filing window and those that erroneously filed a
complete FCC Form 301 during the filing window.[^7]

***Processing inconsistent, conflicting or multiple applications.***
Several applicants have pending FCC Form 301 minor change applications
covering the same facilities for which major change technical proposals
were submitted in the AM filing window. Most of these minor change
applications were filed under our first come-first served processing
rules prior to the *November 19, 1999 Public Notice*. In these cases,
the submission of a complete FCC Form 301 application for proposals
listed in Attachment A may violate the prohibition on the filing of
inconsistent, conflicting or multiple applications.[^8] In order to
avoid the return of a subsequently filed FCC Form 301 major change
application, applicants may simultaneously request the dismissal of the
prior-filed minor change application conditioned on the grant of the FCC
Form 301 application. Applicants also may incorporate in the upcoming
FCC Form 301 filing the changes specified in the prior-filed
application, subject to our AM broadcast station processing and cut-off
rules.[^9] For the same reasons, any applicant that has both a major
change and a minor change technical proposal for the same facility
listed on Attachment A may file only a single complete FCC Form 301
application at this time.

***Where to File:*** [To submit by mail]{.underline}, send an original
and two copies of the FCC Form 301 application to: Mellon Bank, Federal
Communications Commission, Mass Media Services, P.O. Box 358190,
Pittsburgh, Pennsylvania 15251-5190. *See* 47 C.F.R. §§ 0.401(b),
1.1104. [To hand carry, in person or by courier]{.underline}, deliver an
original and two copies of the FCC Form 301 application to: Mellon Bank,
Three Mellon Bank Center, 525 William Penn Way, 27^th^ Floor, Room
153-2713, Pittsburgh, Pennsylvania.[^10] Applicants should send a
courtesy copy of each FCC Form 301 application to James R. Crutchfield,
Audio Services Division, Mass Media Bureau, Federal Communications
Commission, 445 12^th^ Street, S.W., Room 2-B450, Washington, D.C.
20554. Applicants may also file their FCC Form 301 application
[electronically]{.underline}. For information regarding electronic
application filing, refer to *Public Notice, Mass Media Bureau
Implements Consolidated Database System (CDBS) Electronic Filing of FCC
Forms 301, 302, 314, 315, 316, and 347* (released April 28, 2000).
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/mmb

For assistance with electronic filing, call the Mass Media Bureau Help
Desk at (202) 418-2MMB.

The staff will return 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
that fails to submit the complete FCC Form 301 by October 23, 2000.[^11]

***Petition to Deny Filing Period**.* The staff will study the submitted
FCC Form 301 applications for acceptability. It will subsequently
announce applications determined to be acceptable for filing in public
notices generated by the Consolidated Database System (CDBS) entitled
"Broadcast Applications." Petitions to deny the FCC Form 301
applications must be filed within 10 days following the release of the
Broadcast Applications Public Notice announcing acceptance of the
application at issue. *See* 47 C.F.R. § 73.5006. Interested parties
should monitor these Broadcast Applications public notices. []{.mark}

***Construction Period Relief for Specified Permittees***. Several
applicants listed in Attachment A seek to modify permits which were
issued under the Commission's former construction permit extension
rules. These permits are now subject to stricter construction
requirements. *See* *1998 Biennial Regulatory Review -- Streamlining of
Mass Media Applications, Rules and Processes*, MM Docket Nos. 98-43 and
94-149, 13 FCC Rcd 23056 (1998) ("*Streamlining Order*"), *on
reconsideration*, 14 FCC Rcd 17525 (1999) ("*Reconsideration Order*").
On reconsideration of the *Streamlining Order*, the Commission attempted
to ameliorate the transition to the stricter rules by extending the
construction period of certain outstanding construction permits until
December 21, 2000, or shortly thereafter. *Reconsideration Order*, 14
FCC Rcd at 17536. However, these permittees have not had an opportunity
to file major modification applications until the AM window opened
earlier this year. Other factors, including a unique, one-time database
conversion, further impeded issuance of modification authorizations. In
these circumstances Section 319(b) requirements support providing relief
to those applicants, "who may have invested significant time and money
constructing facilities under the old rules and who are in imminent
danger of losing their permits." *Id*. Accordingly, we, *sua sponte*,
afford this discrete group of applicants 12 months from the date
currently authorized to implement necessary modifications and complete
construction.

For additional information, contact Lisa Scanlan or Ed DeLaHunt of the
Audio Services Division at (202) 418-2700.

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

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

[^1]: MMB announced the filing window jointly with the Wireless
    Telecommunications Bureau.

[^2]: *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*, *Public* *Notice*, 14 FCC Rcd 19490
    (1999) ("*November 19, 1999, Public Notice*"). Since any mutually
    exclusive application filed during the window would be subject to
    the Commission's auction procedures, *see* note 4 *infra*,
    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 and the Section III-A Tech Box of FCC
    Form 301, Application for Construction Permit. These sections
    permitted the staff to determine mutual exclusivities between
    applicants.

[^3]: *AM Auction Filing Window and Application Freeze Extended to
    February 1, 2000, Public Notice*, 15 FCC Rcd 1910 (2000). A Remedial
    Filing Window from July 31, to August 4, 2000 was established for
    certain specified entities*. See AM Auction Remedial Filing Window,
    Notice and Filing Requirements Regarding July 31-August 4, 2000
    Remedial Filing Window for AM Auction, Public Notice*, DA 00-1582
    (July 14, 2000).

[^4]: *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,
    15944 (1998) ("*Broadcast Auction First Report and Order*").

[^5]: *See* 47 U.S.C. § 8; 47 C.F.R. §§ 0.401(b), 1.1104, 1.1109,
    1.1110, 73.5005(d), 73.3512.

[^6]: Effective September 11, 2000, this fee is \$3,010.00. *See*
    schedule of charges at 47 C.F.R. § 1.1104. Method and form of
    payment is addressed in 47 C.F.R. §§ 1.1109, 1.1110. *See also* the
    Mass Media Services Application Fee Filing Guide and the FCC Form
    301 instructions.

[^7]: The Commission has significantly revised FCC Form 301 and/or the
    fee schedule since these applications were filed.

[^8]: *See* 47 C.F.R. §§ 73.3518 and 73.3520.

[^9]: *See* 47 C.F.R. § 73.3571.

[^10]: All filings delivered in this manner must be in an envelope
    clearly marked for the "Federal Communications Commission" addressed
    to the attention of "Wholesale Lockbox Shift Supervisor," and
    identified with the appropriate Post Office Box address as set forth
    in the fee schedule at 47 C.F.R. § 1.1104. *See* 47 C.F.R.
    § 0.401(b).

[^11]: *See* 47 C.F.R. § 73.5005. Pursuant to procedures adopted in the
    *Broadcast Auction First Report and Order*, non-mutually exclusive
    applicants filing FCC Form 301 applications may change the technical
    proposals specified in their previous filing. However, such
    non-mutually exclusive applicants may not specify in the FCC Form
    301 application a change in the proposed facility that constitutes a
    major change from the facility specified earlier, nor may applicants
    create new mutual exclusivity or application conflict. *See
    Broadcast Auction First Report and Order,* 13 FCC Rcd at 15991.