§  73.5002   Application and certification procedures; return of mutually
exclusive applications not subject to competitive bidding procedures;
prohibition of collusion.

   (a) Prior to any broadcast service auction, the Commission will issue a
   public notice announcing the upcoming auction and specifying the period
   during which all applicants seeking to participate in an auction, and
   all applicants for noncommercial educational broadcast stations, as
   described in 47 U.S.C. 397(6), on non-reserved channels, must file
   their applications for new broadcast facilities or for major changes to
   existing facilities. Broadcast service applications for new facilities
   or for major modifications will be accepted only during these specified
   periods. This initial and other public notices will contain information
   about the completion and submission of applications to participate in
   the broadcast auction, and applications for noncommercial educational
   broadcast stations, as described in 47 U.S.C. 397(6), on non-reserved
   channels, as well as any materials that must accompany the
   applications, and any filing fee that must accompany the applications
   or any upfront payments that will need to be submitted. Such public
   notices will also, in the event mutually exclusive applications are
   filed for broadcast construction permits that must be resolved through
   competitive bidding, contain information about the method of
   competitive bidding to be used and more detailed instructions on
   submitting bids and otherwise participating in the auction. In the
   event applications are submitted that are not mutually exclusive with
   any other application in the same service, or in the event that any
   applications that are submitted that had been mutually exclusive with
   other applications in the same service are resolved as a result of the
   dismissal or modification of any applications, the non-mutually
   exclusive applications will be identified by public notice and will not
   be subject to auction.

   (b) To participate in broadcast service auctions, or to apply for a
   noncommercial educational station, as described in 47 U.S.C. 397(6), on
   a non-reserved channel, all applicants must timely submit short-form
   applications (FCC Form 175), along with all required certifications,
   information and exhibits, pursuant to the provisions of §  1.2105(a) of
   this chapter and any Commission public notices. So determinations of
   mutual exclusivity for auction purposes can be made, applicants for
   non-table broadcast services must also submit the engineering data
   contained in the appropriate FCC form (FCC Form 301, FCC Form 346, or
   FCC Form 349). Beginning January 1, 1999, all short-form applications
   must be filed electronically. If any application for a noncommercial
   educational broadcast station, as described in 47 U.S.C. 397(6), is
   mutually exclusive with applications for commercial broadcast stations,
   and the applicants that have the opportunity to resolve the mutually
   exclusivity pursuant to paragraphs (c) and (d) of this section fail to
   do so, the application for noncommercial educational broadcast station,
   as described in 47 U.S.C. 397(6), will be returned as unacceptable for
   filing, and the remaining applications for commercial broadcast
   stations will be processed in accordance with competitive bidding
   procedures.

   (c) Applicants in all broadcast service auctions, and applicants for
   noncommercial educational stations, as described in 47 U.S.C. 397(6),
   on non-reserved channels will be subject to the provisions of
   §  1.2105(b) of this chapter regarding the modification and dismissal
   of their short-form applications. Notwithstanding the general
   applicability of §  1.2105(b) of this chapter to broadcast auctions,
   and applicants for noncommercial educational stations, as described in
   47 U.S.C. 397(6), on non-reserved channels, the following applicants
   will be permitted to resolve their mutual exclusivities by making
   amendments to their engineering submissions following the filing of
   their short-form applications:

   (1) Applicants for all broadcast services who file major modification
   applications that are mutually exclusive with each other;

   (2) Applicants for all broadcast services who file major modification
   and new station applications that are mutually exclusive with each
   other; or

   (3) Applicants for the secondary broadcast services who file
   applications for new stations that are mutually exclusive with each
   other.

   (d) The prohibition of collusion set forth in §  1.2105(c) of this
   chapter, which becomes effective upon the filing of short-form
   applications, shall apply to all broadcast service auctions.
   Notwithstanding the general applicability of §  1.2105(c) of this
   chapter to broadcast auctions, the following applicants will be
   permitted to resolve their mutual exclusivities by means of engineering
   solutions or settlements during a limited period after the filing of
   short-form applications, as further specified by Commission public
   notices:

   (1) Applicants for all broadcast services who file major modification
   applications that are mutually exclusive with each other;

   (2) Applicants for all broadcast services who file major modification
   and new station applications that are mutually exclusive with each
   other; or

   (3) Applicants for the secondary broadcast services who file
   applications for new stations that are mutually exclusive with each
   other.

   (e) Applicants seeking to resolve their mutual exclusivities by means
   of engineering solution or settlement during a limited period as
   specified by public notice, pursuant to paragraph (d) of this section,
   may submit a non-universal engineering solution or settlement proposal,
   so long as such engineering solution or settlement proposal results in
   the grant of at least one application from the mutually exclusive
   group. A technical amendment submitted under this subsection must
   resolve all of the applicant's mutual exclusivities with respect to the
   other applications in the specified mutually exclusive application
   group.

   [ 69 FR 72043 , Dec. 10, 2004, as amended at  75 FR 9806 , Mar. 4, 2010]

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