Federal Register / Vol. 71, No. 209 / Monday, October 30, 2006 / Notices 63323 

also available on the Internet at the 

Commission’s Web site at: http:// 

wireless.fcc.gov/auctions/85/. 

1. Mutually Exclusive Engineering 

Proposals: On April 20, 2006, the Media 

and Wireless Telecommunications 

Bureaus (Bureaus) announced a filing 

window for certain low power 

television (LPTV) and television 

translator stations to submit proposals 

for digital companion channels by 

public notice, 71 FR 34348, June 14, 

2006. In attachment A of the Auction 

No. 85 Settlement Public Notice, the 

Bureaus provide a list of all proposals 

received that are mutually exclusive 

with other proposals submitted in the 

filing window. Since the proposals 

listed in Attachment A of the Auction 

No. 85 Settlement Public Notice are 

mutually exclusive, they are subject to 

the Commission’s competitive bidding 

procedures. 

2. 60-Day Settlement Period Ending 

December 15, 2006: The Bureaus 

announce a 60-day period beginning 

with the release of the Auction No. 85 

Settlement Public Notice and ending 

December 15, 2006, for parties with 

proposals in the mutually exclusive 

(MX) groups listed in Attachment A of 

the Auction No. 85 Settlement Public 

Notice to enter into settlement 

agreements or otherwise resolve their 

mutual exclusivities by means of 

engineering solutions. The parties must 

submit the agreements and affidavits 

required by 47 CFR 73.3525 and/or any 

engineering submission by the deadline 

on December 15, 2006. After approval of 

a settlement and/or engineering 

submission, the proposed permittee(s) 

must submit an accurate and complete 

FCC Form 346 by the deadline 

subsequently specified by staff. 

3. Settlement Agreement Submission 

Requirements: Applicants must ensure 

that their settlement agreements comply 

with the provisions of 47 U.S.C. 311(c) 

and the pertinent requirements of 47 

CFR 73.3525 including the 

reimbursement restrictions. For 

example: (a) Parties must submit a copy 

of their settlement agreement and any 

ancillary agreement(s); (b) parties must 

submit a joint request for approval of 

such agreement; (c) parties must submit 

an affidavit of each party to the 

agreement setting forth: (i) the reasons 

why it is considered that such 

agreement is in the public interest; (ii) 

a statement that its application was not 

filed for the purpose of reaching or 

carrying out such agreement; (iii) a 

certification that neither the applicant 

nor its principals has received any 

money or other consideration in excess 

of the legitimate and prudent expenses 

of the applicant; (iv) the exact nature 

and amount of any consideration paid 

or promised; (v) an itemized accounting 

of the expenses for which it seeks 

reimbursement; and (vi) the terms of 

any oral agreement relating to the 

dismissal or withdrawal of its 

application. 

4. Applicants that unilaterally dismiss 

their application or file an engineering 

amendment that removes the mutual 

exclusivity to their application without 

having entered a settlement agreement 

with another applicant must 

nevertheless submit an affidavit as to 

whether or not consideration has been 

promised to or received by such 

applicant in connection with their 

dismissal or engineering amendment. 

5. Anti-Collusion Rule: The 

prohibition of collusion set forth in 47 

CFR 1.2105(c) and 73.5002(d) became 

effective upon the short-form (FCC Form 

175) filing deadline on June 30, 2006. 

However, the Commission’s Rules 

provide for a limited opportunity to 

settle, or otherwise resolve mutual 

exclusivities by means of engineering 

solutions, following the filing of the 

FCC Form 175 applications. 

Specifically, parties in MX groups listed 

in Attachment A of the Auction No. 85 

Settlement Public Notice may discuss 

possible settlement agreements or 

technical solutions with other parties in 

their group during the limited period 

which commences with the release of 

the Auction No. 85 Settlement Public 

Notice and ends on December 15, 2006. 

Once the settlement period ends, the 

anti-collusion restrictions once again 

take effect. The Commission will 

proceed to auction with any competing 

mutually exclusive proposals that are 

not resolved by the parties during this 

settlement period. 

6. When and Where to File: 

Settlement agreements that are entered 

into in connection with this settlement 

period must be filed prior to 6 p.m. 

Eastern Time (ET) on December 15, 

2006, as an attachment to the respective 

parties’ FCC Form 175s via the FCC 

Auction System. Similarly, applicants 

proposing engineering amendments in 

connection with this settlement period 

must do so by amending the technical 

portion of their FCC Form 175s via the 

FCC Auction System. Engineering 

amendments also must be submitted 

prior to 6:00 p.m. on December 15, 

2006. Late-filed settlement agreements 

and engineering amendments or 

unconfirmed submissions of electronic 

data will not be accepted. Settlement 

agreements and engineering 

amendments may be filed any time 

beginning 9 a.m. ET on October 17, 

2006, until 6 p.m. ET on December 15, 

2006. Applicants are strongly 

encouraged to file their settlement 

agreements and engineering 

amendments early and are responsible 

for allowing adequate time for filing. 

Information about accessing, viewing, 

completing amendments to, and filing 

settlement agreements for the FCC Form 

175 is included in Attachment B of the 

Auction No. 85 Settlement Public 

Notice. Technical support is available at 

(877) 480–3201, option nine; (202) 414–

1250; or (202) 414–1255 (text telephony 

(TTY)); hours of service are Monday 

through Friday, from 8 a.m. to 6 p.m. 

ET. In order to provide better service to 

the public, all calls to the hotline are 

recorded. 

7. The Bureaus will withhold further 

action on the mutually exclusive 

proposals listed in Attachment A of the 

Auction No. 85 Settlement Public Notice 

pending submission of settlement 

agreements or engineering proposals to 

resolve mutual exclusivity. Following 

the close of the settlement period, the 

Bureaus subsequently will announce an 

auction date and propose auction 

procedures for selecting among the 

remaining MX proposals. 

Federal Communications Commission. 

Gary D. Michaels, 

Deputy Chief, Auctions Access and Spectrum 

Division, WTB. 

[FR Doc. E6–18220 Filed 10–27–06; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL ELECTION COMMISSION 

Sunshine Act Notices 

DATE AND TIME: Thursday, November 2, 

2006 at 10 a.m. 

PLACE: 999 E Street, NW., Washington, 

DC (Ninth Floor). 

STATUS: This meeting will be open to the 

public. 

ITEMS TO BE DISCUSSED: 

Correction and Approval of Minutes. 

Advisory Opinion 2006–29: 

Representative Mary Bono, by Jason 

Vasquez, Communications Director. 

Advisory Opinion 2006–30: ActBlue, by 

Jonathan Zucker, Senior Strategist and 

Counsel. 

Draft Guidance Bulletin Regarding 

‘‘Purpose of Disbursement’’ Entries for 

Reports Filed with the Commission. 

Management and Administrative 

Matters. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Biersack, Press Officer. 

Mary W. Dove, 

Secretary of the Commission. 

[FR Doc. 06–8991 Filed 10–26–06; 3:03 pm] 

BILLING CODE 6715–01–M 


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