§  1.21004   Winning bidder's obligation to apply for support

   (a) Timely and Sufficient Application. A winning bidder has a binding
   obligation to apply for support by the applicable deadline. A winning
   bidder that fails to file an application by the applicable deadline or
   that for any reason is not subsequently authorized to receive support
   has defaulted on its bid.

   (b) Dismissal for failure to prosecute. The Commission may dismiss a
   winning bidder's application with prejudice for failure of the winning
   bidder to prosecute, failure of the winning bidder to respond
   substantially within the time period specified in official
   correspondence or requests for additional information, or failure of
   the winning bidder to comply with requirements for becoming authorized
   to receive support. A winning bidder whose application is dismissed for
   failure to prosecute pursuant to this paragraph has defaulted on its
   bid(s).

   (c) Liability for default payment or forfeiture in the event of auction
   default. A winning bidder that defaults on its bid(s) is liable for
   either a default payment or a forfeiture, which will be calculated by a
   method that will be established as provided in an order or public
   notice prior to competitive bidding. If the default payment is
   determined as a percentage of the defaulted bid amount, the default
   payment will not exceed twenty percent of the amount of the defaulted
   bid amount.

   (d) Additional liabilities. In addition to being liable for a default
   payment or a forfeiture pursuant to paragraph (c) of this section, a
   winning bidder that defaults on its winning bid(s) shall be subject to
   such measures as the Commission may provide, including but not limited
   to disqualification from future competitive bidding pursuant to this
   subpart.

   [ 76 FR 73851 , Nov. 29, 2011, as amended at  85 FR 75816 , Nov. 25, 2020]

   

Subpart BB—Disturbance of AM Broadcast Station Antenna Patterns

   Source:  78 FR 66295 , Nov. 5, 2013, as amended at  78 FR 70499 , Nov. 26,
   2013, unless otherwise noted.