§  1.2204   Applications to participate in competitive bidding.

   (a) Public notice of the application process. All applications to
   participate must be filed electronically. The dates and procedures for
   submitting applications to participate in the reverse auction shall be
   announced by public notice.

   (b) Applicant. The applicant identified on the application to
   participate must be the broadcast television licensee that would
   relinquish spectrum usage rights if it becomes a winning bidder. In the
   case of a channel sharing bid, the applicant will be the proposed
   channel sharee.

   (c) Information and certifications provided in the application to
   participate. An applicant may be required to provide the following
   information in its application to participate in the reverse auction:

   (1) The following identifying information:

   (i) If the applicant is an individual, the applicant's name and
   address. If the applicant is a corporation, the name and address of the
   corporate office and the name and title of an officer or director. If
   the applicant is a partnership, the name, citizenship, and address of
   all general partners, and, if a general partner is not a natural
   person, then the name and title of a responsible person for that
   partner, as well. If the applicant is a trust, the name and address of
   the trustee. If the applicant is none of the above, it must identify
   and describe itself and its principals or other responsible persons;

   (ii) Applicant ownership and other information as set forth in
   § 1.2112(a); and

   (iii) List, in the case of a non-profit entity, the name, address, and
   citizenship of each member of the governing board and of any
   educational institution or governmental entity with a controlling
   interest in the applicant, if applicable.

   (2) The identity of the person(s) authorized to take binding action in
   the bidding on behalf of the applicant.

   (3) For each broadcast television license for which the applicant
   intends to submit reverse auction bids:

   (i) The identity of the station and its television channel;

   (ii) Whether it is a full-power or Class A television station;

   (iii) If the license is for a Class A television station, certification
   under penalty of perjury that it is and will remain in compliance with
   the ongoing statutory eligibility requirements to remain a Class A
   station;

   (iv) Whether it is an NCE station and, if so, whether it operates on a
   reserved or non-reserved channel;

   (v) The types of reverse auction bids that the applicant may submit;

   (vi) Whether the license for the station is subject to a non-final
   revocation order, has expired and is subject to a non-final
   cancellation order, or if for a Class A station is subject to a
   non-final downgrade order and, if the license is subject to such a
   proceeding or order, then an acknowledgement that the Commission will
   place all of its auction proceeds into escrow pending the final outcome
   of the proceeding or order; and

   (vii) Any additional information required to assess the spectrum usage
   rights offered.

   (4) For each broadcast television license for which the applicant
   intends to submit a license relinquishment bid:

   (i) Whether it intends to enter into a channel sharing agreement if it
   becomes a winning bidder;

   (ii) Whether it will control another broadcast station if it becomes a
   winning bidder and terminates operations; and

   (iii) If it will control another broadcast station, an acknowledgement
   that it will remain subject to any pending license renewal, as well as
   any enforcement action, against the station offered; or

   (iv) If it will not control another broadcast station, an
   acknowledgement that the Commission will place a share of its auction
   proceeds into escrow to cover any potential forfeiture costs associated
   with any pending license renewal or any pending enforcement action
   against the station offered.

   (5) For each broadcast television license for which the applicant
   intends to submit a channel sharing bid:

   (i) The identity of the channel sharer and the television channel the
   applicant has agreed to share;

   (ii) Any required information regarding the channel sharing agreement,
   including a copy of the executed channel sharing agreement;

   (iii) Certification under penalty of perjury that the channel sharing
   agreement is consistent with all Commission rules and policies, and
   that the applicant accepts any risk that the implementation of the
   channel sharing agreement may not be feasible for any reason, including
   any conflict with requirements for operation on the shared channel;

   (iv) Certification under penalty of perjury that its operation from the
   shared channel facilities will not result in a change to its Designated
   Market Area;

   (v) Certification under penalty of perjury that it can meet the
   community of license coverage requirement set forth in § 73.625(a) of
   this chapter from the shared channel facilities or, if not, that the
   new community of license for its shared channel facilities either meets
   the same or a higher allotment priority as its current community; or,
   if no community meets the same or higher allotment priority, provides
   the next highest priority;

   (vi) Certification under penalty of perjury that the proposed channel
   sharing arrangement will not violate the multiple ownership rules, set
   forth in § 73.3555 of this chapter, based on facts at the time the
   application is submitted; and

   (vii) Certification by the channel sharer under penalty of perjury with
   respect to the certifications described in paragraphs (c)(3)(iii),
   (c)(5)(iii), and (c)(5)(vi) of this section.

   (6) Certification under penalty of perjury that the applicant and all
   of the person(s) disclosed under paragraph (c)(1) of this section are
   not person(s) who have been, for reasons of national security, barred
   by any agency of the Federal Government from bidding on a contract,
   participating in an auction, or receiving a grant. For the purposes of
   this certification, the term “person” means an individual, partnership,
   association, joint-stock company, trust, or corporation, and the term
   “reasons of national security” means matters relating to the national
   defense and foreign relations of the United States.

   (7) Certification that the applicant agrees that it has sole
   responsibility for investigating and evaluating all technical and
   marketplace factors that may have a bearing on the bids it submits in
   the reverse auction.

   (8) Certification that the applicant agrees that the bids it submits in
   the reverse auction are irrevocable, binding offers by the applicant.

   (9) Certification that the individual submitting the application to
   participate and providing the certifications is authorized to do so on
   behalf of the applicant, and if such individual is not an officer,
   director, board member, or controlling interest holder of the
   applicant, evidence that such individual has the authority to bind the
   applicant.

   (10) Certification that the applicant is in compliance with all
   statutory and regulatory requirements for participation in the reverse
   auction, including any requirements with respect to the license(s)
   identified in the application to participate.

   (11) Such additional information as may be required.

   (d) Application processing. (1) Any timely submitted application to
   participate will be reviewed for completeness and compliance with the
   Commission's rules. No untimely applications to participate shall be
   reviewed or considered.

   (2) Any application to participate that does not contain all of the
   certifications required pursuant to this section is unacceptable for
   filing, cannot be corrected subsequent to the application filing
   deadline, and will be dismissed with prejudice.

   (3) Applicants will be provided a limited opportunity to cure specified
   defects and to resubmit a corrected application to participate. During
   the resubmission period for curing defects, an application to
   participate may be amended or modified to cure identified defects or to
   make minor amendments or modifications. After the resubmission period
   has ended, an application to participate may be amended or modified to
   make minor changes or correct minor errors in the application to
   participate. Minor amendments may be subject to a deadline specified by
   public notice. Major amendments cannot be made to an application to
   participate after the initial filing deadline. Major amendments
   include, but are not limited to, changes in ownership of the applicant
   that would constitute an assignment or transfer of control, changes to
   any of the required certifications, and the addition or removal of
   licenses identified on the application to participate for which the
   applicant intends to submit reverse auction bids. Minor amendments
   include any changes that are not major, such as correcting
   typographical errors and supplying or correcting information as
   requested to support the certifications made in the application.

   (4) Applicants that fail to correct defects in their applications to
   participate in a timely manner as specified by public notice will have
   their applications to participate dismissed with no opportunity for
   resubmission.

   (5) Applicants shall have a continuing obligation to make any
   amendments or modifications that are necessary to maintain the accuracy
   and completeness of information furnished in pending applications to
   participate. Such amendments or modifications shall be made as promptly
   as possible, and in no case more than five business days after
   applicants become aware of the need to make any amendment or
   modification, or five business days after the reportable event occurs,
   whichever is later. An applicant's obligation to make such amendments
   or modifications to a pending application to participate continues
   until they are made.

   (e) Notice to qualified and non-qualified applicants. Each applicant
   will be notified as to whether it is qualified or not qualified to
   participate in the reverse auction.

   [ 79 FR 48530 , Aug. 15, 2014, as amended at  80 FR 67342 , Nov. 2, 2015]