# Presentation: 518017

## Post - Auction Procedures

- FM Broadcast Auction
- (Auction No. 70)

- Lisa Stover Auctions Marketing Specialist, ASAD
- Thomas Nessinger, Attorney Advisor, Audio Division

## Disclaimer

- 	Nothing herein is intended to supersede any provision of the Commission's rules or public notices.  These slides should not be used as a substitute for a prospective applicant's review of the Commission's relevant orders, rules, and public notices.  Prospective applicants must familiarize themselves thoroughly and remain current with the Commission's rules relating to the FM Broadcast service, rules relating to application and auction procedures, and the procedures, terms and conditions contained in the Auction No. 70 public notices.

**Notes:**
Again, this is the disclaimer slide that Kathy read this morning.**

## Closing Public Notice(FedEx Mailing)

- Released approx. 2-3 business days after the auction closes
- Includes:
*List of winning bidders and bid amounts for each permit*
*Payments (down payments and final payments) owed by each bidder and/or refunds due*
*Instructions for when and how to make payments *
*   **and file FCC Form 301*

**Notes:**
To begin post-auction procedures, of course, the auction has to end.  As Jeff explained earlier, the first bidding round with no new bids or proactive waivers will close the auction.

Next the Commission will release what we refer to as the Closing Public Notice.  This public notice will be sent by overnight mail to the contact person listed on the winning bidder’s Form 175. 

It will be released approx. 2-3 business days after the auction closes, and will include a list of the winning bidders and the winning bid amounts for each permit won.
It will also show any down payments and final payments owed by each bidder and/or any refunds due.  
Instructions for when and how to make payments and how to file the FCC Form 301 will also be included in this public notice.

## SOLD! What happens next?

- Down payments will be required to be on deposit within 10 business days after the release of the Closing Public Notice.
- Final payments will be required to be on deposit within 10 business days after the deadline for submitting down payments.
- Within 30 calendar days after the release of the Closing Public Notice FCC Form 301 must be filed electronically.

**Notes:**
The Closing Public Notice is released and you were fortunate enough to win a construction permit.  What happens next?
First, a down payment will be required to be on deposit within 10 business days after the release of the Closing Public Notice.  
Next, the final payment will be required to be on deposit within 10 business days after the deadline for submitting down payments.
Also, within 30 calendar days after the release of the Closing Public Notice, an FCC Form 301 must be filed electronically.
All of these deadline dates will be included in that public notice as well.

## Down Payments

- Must have on deposit with Mellon Bank sufficient funds to cover 20% of net amount of winning bid(s).
- Due within 10 business days of Closing PN release.
- If applicable, a partially completed copy of the FCC Form 159 will be sent to winning bidders.

**Notes:**
Each winning bidder must have on deposit with Mellon Bank sufficient funds to cover 20% of the net amount of winning bids.  
Upfront monies already on deposit will be applied to down payment amounts.  A refund can be requested for any remaining balance.  Any payment due in excess of the upfront deposit must be deposited at Mellon Bank prior to the down payment deadline.
These payments will be due within 10 business days of the release of the Closing Public Notice.  Again, this date will be included in that public notice.
If applicable, a partially completed copy of the FCC Form 159 will be sent to winning bidders.

## Final Payments

- Must have on deposit with Mellon Bank sufficient funds to cover the balance of the net amount of its winning bid(s).
- Due within 10 business days after the deadline for submitting down payments.
- If applicable, a partially completed copy of the FCC Form 159 will be sent to winning bidders.

**Notes:**
Each winning bidder must have on deposit with Mellon Bank sufficient funds to cover the balance of the net amount of winning bids.  
These payments will be due within 10 business days after the deadline for submitting down payments.  Again, this date will be included in that public notice.
If applicable, a partially completed copy of the FCC Form 159 will be sent to winning bidders.

## Method of Payment

- Wire Transfer only
- Fax FCC Form 159 to Mellon Bank at least one hour before sending wire transfer
- Must use same FCC Registration Number (FRN) used on Form 175

**Notes:**
Down payments and Final payments must be made by wire transfer.  Be sure to use the lock box number listed in the Closing Public Notice for these payments.  It is a different lock box then the one used for upfront payments.
An FCC Form 159 must be faxed to Mellon Bank at least one hour before sending the wire transfer.  A pre-filled Form 159 will be included with the Closing Public Notice, if a payment is required.
Also, be sure to use the same FCC Registration Number that was used for the Form 175.  Detailed instructions will be provided in the Closing Public Notice.
Tom Nessinger will now continue with FCC Form 301. 

## FCC Form 301 – Application for Broadcast Construction Permit

- Submit a Form 301 for each FM allotment for which you are winning bidder
- File Form  301 electronically through Media Bureau CDBS electronic filing system
- Feeable
- Post-auction long forms require certain auction-related exhibits

**Notes:**
A Form 301 is required for each FM allotment for which you are a winning bidder.

Form 301 is filed electronically through the Media Bureau’s CDBS electronic filing system.

Filing instructions are in the Closing Public Notice, as well as in the CDBS User’s Guide which can be accessed from the web site at www.fcc.gov/mb/elecfile.html

Post auction long forms require several auction-related exhibits, if relevant.  ( Exhibits such as a description of how the applicant satisfies the NEBC eligibility requirements.)

## Accepted for Filing Public Notice

- Released by Media Bureau during course of long-form review.
- Will use CDBS “Broadcast Applications” public notices, listing application as “Accepted for Filing.”
- Triggers the ten day Petition to Deny period.

**Notes:**
Division staff will then review the Form 301.

The first public notice released is a CDBS-based “Broadcast Applications Public Notice,” announcing that the application has been “Accepted for Filing.”

The significance of this PN is that it triggers the statutorily-required petition period, in which interested parties have ten days to file a petition to deny.

The fact that a P2D is filed does not mean you will not receive a permit.

In Auction 37 and 62, we received very, very few petitions.

Fewer that 3% of construction permit applications received a petition.

## Grant Public Notice

- Will use CDBS “Broadcast Actions” public notices, listing application as granted.
- Permit is mailed to permittee’s address.
- Three year construction period.

**Notes:**
Construction permits are issued after we receive final payment.

Pubic notice of grant will be through a CDBS-based Broadcast Actions public notice.

Upon issuance of the permit, you have three years to build the station.