Filing Instructions for Cross-Service FM Translator Auction Filing Window for AM Broadcasters To Be Open July 26-August 2, 2017; Freeze on FM Translator and Low-Power FM Station Minor Change Applications and FM Booster Applications July 19-August 2, 2017; Availability of Online Tutorial; Clarification of Eligible Applicants, 33825-33827 [2017-15327]

Download as PDF Federal Register / Vol. 82, No. 139 / Friday, July 21, 2017 / Rules and Regulations 33825 CLEANING SOLVENTS End-use Substitute Decision Further information 1 Electronics cleaning, metals cleaning, precision cleaning. HFE-7300 ................. (1,1,1,2,2,3,4,5,5,5decafluoro-3methoxy-4(trifluoromethyl)pentane). Acceptable ................ HFE-7300 (CAS Reg. No. 132182–92–4) has no ozone depletion potential (ODP) and a 100-year GWP of approximately 310. It is excluded from the definition of volatile organic compounds under CAA regulations (see 40 CFR 51.100(s)) addressing the development of state implementation plans (SIPs) to attain and maintain the National Ambient Air Quality Standards (NAAQS). This compound is nonflammable. The manufacturer recommends an AEL for the workplace for HFE-7300 of 100 ppm (8-hr TWA). This substitute is subject to a Toxic Substance Control Act (TSCA) section 5(a)(2) Significant New Use Rule (SNUR) (40 CFR 721.10061). 1 Observe recommendations in the manufacturer’s SDS and guidance for all listed substitutes. [FR Doc. 2017–15379 Filed 7–20–17; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 1, 73 and 74 [AU Docket No. 17–143; DA 17–533; DA 17– 668] Filing Instructions for Cross-Service FM Translator Auction Filing Window for AM Broadcasters To Be Open July 26–August 2, 2017; Freeze on FM Translator and Low-Power FM Station Minor Change Applications and FM Booster Applications July 19–August 2, 2017; Availability of Online Tutorial; Clarification of Eligible Applicants Federal Communications Commission. ACTION: Final rule. AGENCY: In the document released June 6, 2017, the Media Bureau and the Wireless Telecommunications Bureau released instructions for filing applications in a filing window to be open from July 26, 2017, through August 2, 2017, in which certain AM station licensees and proposed assignees may seek new FM translator construction permits to retransmit the signals of the primary AM stations. In addition, the Media Bureau announced that it will not accept low-power FM and FM translator minor change construction permit applications and FM booster construction permit applications between July 19 and August 2, 2017. In the document released July 13, 2017, Commission staff announced that an online tutorial would be available for this auction, which is designated as Auction 99, and addressed a petition for clarification on an issue of applicant eligibility for this filing window opportunity. DATES: From 12:01 a.m. Eastern Time (ET) on July 19, 2017, until midnight ET sradovich on DSK3GMQ082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:05 Jul 20, 2017 Jkt 241001 on August 2, 2017, there is a filing freeze for low-power FM and FM translator minor change construction permit applications and for FM booster construction permit applications. Starting at 12:01 a.m. ET on July 26, 2017, and prior to 6:00 p.m. on August 2, 2017, an eligible applicant may file its FCC Form 349. Starting at 9:00 a.m. ET on July 26, 2017, and prior to 6:00 p.m. ET on August 2, 2017, an eligible applicant may file its FCC Form 175. FOR FURTHER INFORMATION CONTACT: About broadcast radio or FCC Form 349, James Bradshaw, Lisa Scanlan or Tom Nessinger in the Media Bureau’s Audio Division at (202) 418–2700. About FCC Form 175 and competitive bidding rules, Lynne Milne in the Wireless Telecommunications Bureau’s Auctions and Spectrum Access Division at (202) 418–0660. About general auction procedures, the Auctions Hotline at (717) 338–2868. SUPPLEMENTARY INFORMATION: This is a summary of a public notice released on June 6, 2017, supplemented by a related public notice released on July 13, 2017. The complete texts of these documents are available for public inspection and copying from 8:00 a.m. to 4:30 p.m. ET Monday through Thursday or from 8:00 a.m. to 11:30 a.m. ET on Fridays in the FCC Reference Information Center, 445 12th St. SW., Room CY–A257, Washington, DC 20554. The complete texts also are available on the Commission’s Web site at https:// wireless.fcc.gov. Alternative formats are available for persons with disabilities by sending an email to FCC504@fcc.gov or by calling the Consumer & Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). 1. The Media Bureau will institute a freeze on the acceptance of FM booster construction permit applications, as well as minor change construction permit applications for FM translators or Low Power FM stations on all PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 channels (channels 201–300) starting at 12:01 a.m. ET on July 19, 2017 until midnight ET on August 2, 2017. Any such applications filed during this freeze will be dismissed. 2. On June 6, 2017, the Media Bureau and the Wireless Telecommunications Bureau announced in a public notice (Filing Instructions Public Notice) details and filing instructions for certain AM broadcasters to apply for crossservice FM translator station construction permits in Auction 99. Eligibility for this filing opportunity is limited to any Class C or D AM station licensee or permittee, or the proposed assignee of such an AM station, wishing to file an application to establish a new cross-service FM translator to retransmit its AM station signal full time, provided that the AM primary station was not listed as the AM primary station in a FM translator modification application filed in either of the 2016 modification windows. 3. During this upcoming filing window, an applicant may propose only one cross-service FM translator for each Class C or D AM primary station to be rebroadcast. Any FM translator awarded through this filing window will only be authorized to rebroadcast the AM primary station identified in the applicant’s FCC Form 349 Tech Box (or to originate nighttime programming during periods when a daytime-only AM primary station is not operating), on a permanent basis. The authorization for any FM translator station awarded through this filing window will be subject to a condition that it may not be assigned or transferred except in conjunction with the AM primary station that it rebroadcasts and with which it is commonly owned. 4. An eligible licensee or permittee, or proposed assignee if applicable, seeking a new cross-service FM translator for its AM station(s) must file electronically in the Media Bureau’s Consolidated Database System (CDBS) prior to 6:00 E:\FR\FM\21JYR1.SGM 21JYR1 sradovich on DSK3GMQ082PROD with RULES 33826 Federal Register / Vol. 82, No. 139 / Friday, July 21, 2017 / Rules and Regulations p.m. ET on August 2, 2017, a separate FCC Form 349, Application for Authority to Construct or Make Changes in a FM Translator or FM Booster Station, for a construction permit for each such proposed FM translator. An applicant may designate in its FCC Form 349 Tech Box any non-reserved FM channel (Channels 221–300, 92.1– 107.9 MHz) for its proposed crossservice translator. Only Section I, the Tech Box of Section III–A, and the Section VI Certification must be completed at this time. The applicant name entered in the FCC Form 349 must be identical with the name of the licensee or permittee on the AM primary station license or construction permit, unless it is the name of the assignee of a pending or granted assignment application for that eligible AM primary station. 5. Applicants must review carefully each Form 349 Tech Box submission for compliance with section 74.1201(g) and all other Commission technical rules relating to FM translator stations, as well as insuring that only one Form 349 is submitted for each qualified AM station. At the end of the initial filing window, if an applicant has filed more than one FM translator proposal (Form 349 Tech Box) designating the same AM primary station, only the first-filed FM translator engineering proposal (Form 349 Tech Box) will be considered. To avoid staff consideration of an unintended proposal, each applicant must carefully review its Forms 349 before submission, and delete each undesired engineering proposal that specifies the identical AM primary station. Any request to delete an undesired proposal must be emailed before the initial filing window closes to James.Bradshaw@fcc.gov. 6. After the August 2, 2017, application deadline, an Auction 99 applicant may only file a technical amendment during the settlement period to be specified in a future public notice. No amendment, technical or otherwise, to a cross-service FM translator Form 349 filed during this filing window will be accepted between the close of the application filing window on August 2, 2017, and the release of the public notice listing mutually exclusive (MX) FM translator engineering proposals (if the engineering proposal is MX) or the release of the public notice listing the non-mutually exclusive FM translator engineering proposals (if the engineering proposal is not MX). Additional instructions about the filing of a Form 349 in the upcoming filing window are provided in Attachment A of the Filing Instructions Public Notice. VerDate Sep<11>2014 16:05 Jul 20, 2017 Jkt 241001 7. Each eligible AM station licensee or permittee applicant, or proposed assignee if applicable, for a new FM translator station must file electronically via the FCC Auction System one FCC Form 175, an Application to Participate in an Auction, in compliance with the Commission’s rules and the instructions provided in the Filing Instructions Public Notice. A Form 175 must be submitted and confirmed prior to 6:00 p.m. ET on August 2, 2017. The applicant name entered in the FCC Form 175 must be identical with the name of the licensee or permittee on the AM primary station license or construction permit, unless the applicant name is identical with the name of a pending or granted assignment application assignee, if applicable. 8. An individual or entity may not submit more than one FCC Form 175 during this filing window, regardless of the number of Forms 349 it files. As explained in the Filing Instructions Public Notice, the Bureaus waived for Auction 99 the prohibition of section 1.2105(a)(3) on the filing of more than one FCC Form 175 by entities with any of the same controlling interests, but will continue to apply the prohibition against the filing of more than one FCC Form 175 by the same individual or entity. 9. An applicant’s one Form 175 must cover all proposed FM translator stations for which that applicant files a FCC Form 349 Tech Box. It is the applicant’s responsibility to ensure that the CDBS-assigned file number(s) and facility identification (ID) number(s) from its Form(s) 349 are entered accurately in the View/Edit Engineering Proposals section of the applicant’s Form 175. Any inaccuracy in data entry in the Form 175 of the CDBS-assigned file number(s) or facility ID number(s) could result in the Form 349 being excluded from auction processing. Also, any Form 349 submitted during the initial filing window that is not referenced on that applicant’s Form 175 will be dismissed in CDBS. 10. Commission staff will not consider any proposal for which the required information is not on file by the close of the initial application filing window. No consideration will be given to the following: (a) Any application for which both a FCC Form 175 and a complete FCC Form 349 proposal are not on file by the close of the initial application filing window; (b) any proposal filed by an applicant that is not a licensee or permittee, or proposed assignee if applicable, of a Class C or D AM broadcast station (including but not limited to any proposal filed by the PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 licensee or permittee of a Class A or B AM broadcast station); (c) any proposal designating an AM primary station that was designated as the primary station on any application filed in either of the 2016 modifications windows; or (d) any proposal that specifies a channel in the reserved FM broadcast band (Channels 200–220, 88.1–91.9 MHz). 11. Each prospective Auction 99 applicant must review carefully the instructions provided about completing and submitting a FCC Form 175 in the Filing Instructions Public Notice, including guidance in Attachments A and B to that document. This Filing Instructions Public Notice provided specific information about reporting authorized bidders, the disclosure of agreements relating to construction permits subject to Auction 99, disclosure requirements for applicant owners and controlling interests, and provisions regarding a current and former default or delinquency. For example, Commission rules prohibit an individual from serving as an authorized bidder for more than one auction applicant. 12. Further, the interests of the applicant, and of any individual or entity with an attributable interest in the applicant, in other media of mass communications are considered as of the initial Form 175 filing deadline when determining an applicant’s eligibility for a new entrant bidding credit. Events occurring after this filing deadline, however, may cause diminishment or loss of bidding credit eligibility, and must be reported immediately. 13. The description in the Filing Instructions Public Notice of the noncommercial education (NCE) status election included a warning that if an FCC Form 175 identifies the application’s proposed FM translator as noncommercial educational and that NCE engineering proposal is mutually exclusive with any engineering proposal for a commercial station, the NCE engineering proposal (Form 349) will be returned as unacceptable for filing. Each prospective applicant should consider carefully if it wishes to propose NCE operation for any FM translator acquired in this auction. This NCE election cannot be reversed after the initial application filing deadline on August 2, 2017. 14. After the initial application filing deadline, an applicant will be permitted to make only minor modifications to its FCC Form 175 and major modifications are not permitted. For example, a claim of eligibility for a higher percentage of bidding credit will not be permitted after the initial application filing E:\FR\FM\21JYR1.SGM 21JYR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 82, No. 139 / Friday, July 21, 2017 / Rules and Regulations deadline. Further information is provided in the Filing Instructions Public Notice. 15. Each applicant has a continuing obligation to maintain the accuracy and completeness of information furnished in its pending FCC Form 175, including any change that may cause a loss of or reduction in the percentage of bidding credit requested previously. An auction applicant must file additional or corrected information within five days after a significant occurrence or amend its FCC Form 175 no later than five days after the applicant becomes aware of the need for amendment. An applicant’s obligation to make modifications to a pending FCC Form 175 continues after these five days. An applicant is obligated to amend its pending application even if a reported change is considered to be a major modification that may result in the dismissal of its application. 16. Prospective applicants should study carefully the explanations in the Filing Instructions Public Notice concerning prohibited communication by an auction applicant contained in sections 1.2105(c) and 73.5002. For example, an applicant is defined in section 1.2105(c) for purposes of these prohibitions to include each officer and each director of the applicant, each controlling interest of the applicant, and each holder of an ownership interest in the applicant of 10 percent or more. The Filing Instructions Public Notice provided further details concerning an impermissible communication, including a reminder of the duty to report immediately a communication that appears to violate section 1.2105(c). If mutual exclusivity (MX) is determined to exist for any engineering proposals submitted during this filing window, the Bureaus will announce a subsequent period during which this prohibition will be suspended for the purpose of resolving MX conflicts. Until such time, however, these prohibited communication rules remain in effect for Auction 99 from 6:00 p.m. on August 2, 2017, until the down payment deadline which will be announced in a future public notice. 17. If any FM translator engineering proposals filed during this announced window are determined to be MX and such MX is not resolved through a future opportunity for settlement or technical amendment, the Commission will resolve MX engineering proposals for commercial stations through competitive bidding. VerDate Sep<11>2014 16:05 Jul 20, 2017 Jkt 241001 Federal Communications Commission. Sue McNeil, Chief of Staff/Special Counsel, Wireless Telecommunications Bureau. [FR Doc. 2017–15327 Filed 7–20–17; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 161017970–6999–02] RIN 0648–XF550 Fisheries of the Northeastern United States; Summer Flounder Fishery; Commercial Quota Harvested for the Commonwealth of Massachusetts National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS announces that the 2017 summer flounder commercial quota allocated to the Commonwealth of Massachusetts has been harvested. Vessels issued a commercial Federal fisheries permit for the summer flounder fishery may not land summer flounder in Massachusetts for the remainder of calendar year 2017, unless additional quota becomes available through a transfer from another state. Regulations governing the summer flounder fishery require publication of this notification to advise Massachusetts that the quota has been harvested and to advise vessel permit holders and dealer permit holders that no Federal commercial quota is available for landing summer flounder in Massachusetts. SUMMARY: Effective 0001 hours, July 20, 2017 through December 31, 2017. FOR FURTHER INFORMATION CONTACT: Cynthia Hanson, (978) 281–9180, or Cynthia.Hanson@noaa.gov. SUPPLEMENTARY INFORMATION: Regulations governing the summer flounder fishery are found at 50 CFR part 648. The regulations require annual specification of a commercial quota that is apportioned on a percentage basis among the coastal states from Maine through North Carolina. The process to set the annual commercial quota and the percent allocated to each state is described in § 648.102. The initial commercial quota for summer flounder for the 2017 calendar year was set equal to 5,658,260 lb DATES: PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 33827 (2,566,544 kg) (81 FR 93842, December 22, 2016). The percent allocated to vessels landing summer flounder in Massachusetts is 6.82046 percent, resulting in a commercial quota of 385,988 lb (175,081 kg). Massachusetts has not received any quota transfers in 2017 that would cause the initial commercial quota to be adjusted. The NMFS Administrator for the Greater Atlantic Region (Regional Administrator), monitors the state commercial landings and determines when a state’s commercial quota has been harvested. NMFS is required to publish notification in the Federal Register advising and notifying commercial vessels and dealer permit holders that, effective upon a specific date, the state’s commercial quota has been harvested and no commercial quota is available for landing summer flounder in that state. The Regional Administrator has determined, based upon dealer reports and other available information, that the 2017 Massachusetts commercial summer flounder quota will be harvested by July 19, 2017. Section 648.4(b) provides that Federal permit holders agree, as a condition of the permit, not to land summer flounder in any state that the Regional Administrator has determined no longer has commercial quota available. Therefore, effective 0001 hours, July 20, 2017, landings of summer flounder in Massachusetts by vessels holding summer flounder commercial Federal fisheries permits are prohibited for the remainder of the 2017 calendar year, unless additional quota becomes available through a transfer and is announced in the Federal Register. Effective 0001 hours, July 20, 2017, federally permitted dealers are also notified that they may not purchase summer flounder from federally permitted vessels that land in Massachusetts for the remainder of the calendar year, or until additional quota becomes available through a transfer from another state. Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. The Assistant Administrator for Fisheries, NOAA, finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment because it would be contrary to the public interest. This action closes the commercial summer flounder fishery for Massachusetts until January 1, 2018, under current regulations. The regulations at § 648.103(b) require such action to E:\FR\FM\21JYR1.SGM 21JYR1

Agencies

[Federal Register Volume 82, Number 139 (Friday, July 21, 2017)]
[Rules and Regulations]
[Pages 33825-33827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15327]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 73 and 74

[AU Docket No. 17-143; DA 17-533; DA 17-668]


Filing Instructions for Cross-Service FM Translator Auction 
Filing Window for AM Broadcasters To Be Open July 26-August 2, 2017; 
Freeze on FM Translator and Low-Power FM Station Minor Change 
Applications and FM Booster Applications July 19-August 2, 2017; 
Availability of Online Tutorial; Clarification of Eligible Applicants

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In the document released June 6, 2017, the Media Bureau and 
the Wireless Telecommunications Bureau released instructions for filing 
applications in a filing window to be open from July 26, 2017, through 
August 2, 2017, in which certain AM station licensees and proposed 
assignees may seek new FM translator construction permits to retransmit 
the signals of the primary AM stations. In addition, the Media Bureau 
announced that it will not accept low-power FM and FM translator minor 
change construction permit applications and FM booster construction 
permit applications between July 19 and August 2, 2017. In the document 
released July 13, 2017, Commission staff announced that an online 
tutorial would be available for this auction, which is designated as 
Auction 99, and addressed a petition for clarification on an issue of 
applicant eligibility for this filing window opportunity.

DATES: From 12:01 a.m. Eastern Time (ET) on July 19, 2017, until 
midnight ET on August 2, 2017, there is a filing freeze for low-power 
FM and FM translator minor change construction permit applications and 
for FM booster construction permit applications. Starting at 12:01 a.m. 
ET on July 26, 2017, and prior to 6:00 p.m. on August 2, 2017, an 
eligible applicant may file its FCC Form 349. Starting at 9:00 a.m. ET 
on July 26, 2017, and prior to 6:00 p.m. ET on August 2, 2017, an 
eligible applicant may file its FCC Form 175.

FOR FURTHER INFORMATION CONTACT: About broadcast radio or FCC Form 349, 
James Bradshaw, Lisa Scanlan or Tom Nessinger in the Media Bureau's 
Audio Division at (202) 418-2700. About FCC Form 175 and competitive 
bidding rules, Lynne Milne in the Wireless Telecommunications Bureau's 
Auctions and Spectrum Access Division at (202) 418-0660. About general 
auction procedures, the Auctions Hotline at (717) 338-2868.

SUPPLEMENTARY INFORMATION: This is a summary of a public notice 
released on June 6, 2017, supplemented by a related public notice 
released on July 13, 2017. The complete texts of these documents are 
available for public inspection and copying from 8:00 a.m. to 4:30 p.m. 
ET Monday through Thursday or from 8:00 a.m. to 11:30 a.m. ET on 
Fridays in the FCC Reference Information Center, 445 12th St. SW., Room 
CY-A257, Washington, DC 20554. The complete texts also are available on 
the Commission's Web site at https://wireless.fcc.gov. Alternative 
formats are available for persons with disabilities by sending an email 
to FCC504@fcc.gov or by calling the Consumer & Governmental Affairs 
Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
    1. The Media Bureau will institute a freeze on the acceptance of FM 
booster construction permit applications, as well as minor change 
construction permit applications for FM translators or Low Power FM 
stations on all channels (channels 201-300) starting at 12:01 a.m. ET 
on July 19, 2017 until midnight ET on August 2, 2017. Any such 
applications filed during this freeze will be dismissed.
    2. On June 6, 2017, the Media Bureau and the Wireless 
Telecommunications Bureau announced in a public notice (Filing 
Instructions Public Notice) details and filing instructions for certain 
AM broadcasters to apply for cross-service FM translator station 
construction permits in Auction 99. Eligibility for this filing 
opportunity is limited to any Class C or D AM station licensee or 
permittee, or the proposed assignee of such an AM station, wishing to 
file an application to establish a new cross-service FM translator to 
retransmit its AM station signal full time, provided that the AM 
primary station was not listed as the AM primary station in a FM 
translator modification application filed in either of the 2016 
modification windows.
    3. During this upcoming filing window, an applicant may propose 
only one cross-service FM translator for each Class C or D AM primary 
station to be rebroadcast. Any FM translator awarded through this 
filing window will only be authorized to rebroadcast the AM primary 
station identified in the applicant's FCC Form 349 Tech Box (or to 
originate nighttime programming during periods when a daytime-only AM 
primary station is not operating), on a permanent basis. The 
authorization for any FM translator station awarded through this filing 
window will be subject to a condition that it may not be assigned or 
transferred except in conjunction with the AM primary station that it 
rebroadcasts and with which it is commonly owned.
    4. An eligible licensee or permittee, or proposed assignee if 
applicable, seeking a new cross-service FM translator for its AM 
station(s) must file electronically in the Media Bureau's Consolidated 
Database System (CDBS) prior to 6:00

[[Page 33826]]

p.m. ET on August 2, 2017, a separate FCC Form 349, Application for 
Authority to Construct or Make Changes in a FM Translator or FM Booster 
Station, for a construction permit for each such proposed FM 
translator. An applicant may designate in its FCC Form 349 Tech Box any 
non-reserved FM channel (Channels 221-300, 92.1-107.9 MHz) for its 
proposed cross-service translator. Only Section I, the Tech Box of 
Section III-A, and the Section VI Certification must be completed at 
this time. The applicant name entered in the FCC Form 349 must be 
identical with the name of the licensee or permittee on the AM primary 
station license or construction permit, unless it is the name of the 
assignee of a pending or granted assignment application for that 
eligible AM primary station.
    5. Applicants must review carefully each Form 349 Tech Box 
submission for compliance with section 74.1201(g) and all other 
Commission technical rules relating to FM translator stations, as well 
as insuring that only one Form 349 is submitted for each qualified AM 
station. At the end of the initial filing window, if an applicant has 
filed more than one FM translator proposal (Form 349 Tech Box) 
designating the same AM primary station, only the first-filed FM 
translator engineering proposal (Form 349 Tech Box) will be considered. 
To avoid staff consideration of an unintended proposal, each applicant 
must carefully review its Forms 349 before submission, and delete each 
undesired engineering proposal that specifies the identical AM primary 
station. Any request to delete an undesired proposal must be emailed 
before the initial filing window closes to James.Bradshaw@fcc.gov.
    6. After the August 2, 2017, application deadline, an Auction 99 
applicant may only file a technical amendment during the settlement 
period to be specified in a future public notice. No amendment, 
technical or otherwise, to a cross-service FM translator Form 349 filed 
during this filing window will be accepted between the close of the 
application filing window on August 2, 2017, and the release of the 
public notice listing mutually exclusive (MX) FM translator engineering 
proposals (if the engineering proposal is MX) or the release of the 
public notice listing the non-mutually exclusive FM translator 
engineering proposals (if the engineering proposal is not MX). 
Additional instructions about the filing of a Form 349 in the upcoming 
filing window are provided in Attachment A of the Filing Instructions 
Public Notice.
    7. Each eligible AM station licensee or permittee applicant, or 
proposed assignee if applicable, for a new FM translator station must 
file electronically via the FCC Auction System one FCC Form 175, an 
Application to Participate in an Auction, in compliance with the 
Commission's rules and the instructions provided in the Filing 
Instructions Public Notice. A Form 175 must be submitted and confirmed 
prior to 6:00 p.m. ET on August 2, 2017. The applicant name entered in 
the FCC Form 175 must be identical with the name of the licensee or 
permittee on the AM primary station license or construction permit, 
unless the applicant name is identical with the name of a pending or 
granted assignment application assignee, if applicable.
    8. An individual or entity may not submit more than one FCC Form 
175 during this filing window, regardless of the number of Forms 349 it 
files. As explained in the Filing Instructions Public Notice, the 
Bureaus waived for Auction 99 the prohibition of section 1.2105(a)(3) 
on the filing of more than one FCC Form 175 by entities with any of the 
same controlling interests, but will continue to apply the prohibition 
against the filing of more than one FCC Form 175 by the same individual 
or entity.
    9. An applicant's one Form 175 must cover all proposed FM 
translator stations for which that applicant files a FCC Form 349 Tech 
Box. It is the applicant's responsibility to ensure that the CDBS-
assigned file number(s) and facility identification (ID) number(s) from 
its Form(s) 349 are entered accurately in the View/Edit Engineering 
Proposals section of the applicant's Form 175. Any inaccuracy in data 
entry in the Form 175 of the CDBS-assigned file number(s) or facility 
ID number(s) could result in the Form 349 being excluded from auction 
processing. Also, any Form 349 submitted during the initial filing 
window that is not referenced on that applicant's Form 175 will be 
dismissed in CDBS.
    10. Commission staff will not consider any proposal for which the 
required information is not on file by the close of the initial 
application filing window. No consideration will be given to the 
following: (a) Any application for which both a FCC Form 175 and a 
complete FCC Form 349 proposal are not on file by the close of the 
initial application filing window; (b) any proposal filed by an 
applicant that is not a licensee or permittee, or proposed assignee if 
applicable, of a Class C or D AM broadcast station (including but not 
limited to any proposal filed by the licensee or permittee of a Class A 
or B AM broadcast station); (c) any proposal designating an AM primary 
station that was designated as the primary station on any application 
filed in either of the 2016 modifications windows; or (d) any proposal 
that specifies a channel in the reserved FM broadcast band (Channels 
200-220, 88.1-91.9 MHz).
    11. Each prospective Auction 99 applicant must review carefully the 
instructions provided about completing and submitting a FCC Form 175 in 
the Filing Instructions Public Notice, including guidance in 
Attachments A and B to that document. This Filing Instructions Public 
Notice provided specific information about reporting authorized 
bidders, the disclosure of agreements relating to construction permits 
subject to Auction 99, disclosure requirements for applicant owners and 
controlling interests, and provisions regarding a current and former 
default or delinquency. For example, Commission rules prohibit an 
individual from serving as an authorized bidder for more than one 
auction applicant.
    12. Further, the interests of the applicant, and of any individual 
or entity with an attributable interest in the applicant, in other 
media of mass communications are considered as of the initial Form 175 
filing deadline when determining an applicant's eligibility for a new 
entrant bidding credit. Events occurring after this filing deadline, 
however, may cause diminishment or loss of bidding credit eligibility, 
and must be reported immediately.
    13. The description in the Filing Instructions Public Notice of the 
noncommercial education (NCE) status election included a warning that 
if an FCC Form 175 identifies the application's proposed FM translator 
as noncommercial educational and that NCE engineering proposal is 
mutually exclusive with any engineering proposal for a commercial 
station, the NCE engineering proposal (Form 349) will be returned as 
unacceptable for filing. Each prospective applicant should consider 
carefully if it wishes to propose NCE operation for any FM translator 
acquired in this auction. This NCE election cannot be reversed after 
the initial application filing deadline on August 2, 2017.
    14. After the initial application filing deadline, an applicant 
will be permitted to make only minor modifications to its FCC Form 175 
and major modifications are not permitted. For example, a claim of 
eligibility for a higher percentage of bidding credit will not be 
permitted after the initial application filing

[[Page 33827]]

deadline. Further information is provided in the Filing Instructions 
Public Notice.
    15. Each applicant has a continuing obligation to maintain the 
accuracy and completeness of information furnished in its pending FCC 
Form 175, including any change that may cause a loss of or reduction in 
the percentage of bidding credit requested previously. An auction 
applicant must file additional or corrected information within five 
days after a significant occurrence or amend its FCC Form 175 no later 
than five days after the applicant becomes aware of the need for 
amendment. An applicant's obligation to make modifications to a pending 
FCC Form 175 continues after these five days. An applicant is obligated 
to amend its pending application even if a reported change is 
considered to be a major modification that may result in the dismissal 
of its application.
    16. Prospective applicants should study carefully the explanations 
in the Filing Instructions Public Notice concerning prohibited 
communication by an auction applicant contained in sections 1.2105(c) 
and 73.5002. For example, an applicant is defined in section 1.2105(c) 
for purposes of these prohibitions to include each officer and each 
director of the applicant, each controlling interest of the applicant, 
and each holder of an ownership interest in the applicant of 10 percent 
or more. The Filing Instructions Public Notice provided further details 
concerning an impermissible communication, including a reminder of the 
duty to report immediately a communication that appears to violate 
section 1.2105(c). If mutual exclusivity (MX) is determined to exist 
for any engineering proposals submitted during this filing window, the 
Bureaus will announce a subsequent period during which this prohibition 
will be suspended for the purpose of resolving MX conflicts. Until such 
time, however, these prohibited communication rules remain in effect 
for Auction 99 from 6:00 p.m. on August 2, 2017, until the down payment 
deadline which will be announced in a future public notice.
    17. If any FM translator engineering proposals filed during this 
announced window are determined to be MX and such MX is not resolved 
through a future opportunity for settlement or technical amendment, the 
Commission will resolve MX engineering proposals for commercial 
stations through competitive bidding.

Federal Communications Commission.
Sue McNeil,
Chief of Staff/Special Counsel, Wireless Telecommunications Bureau.
[FR Doc. 2017-15327 Filed 7-20-17; 8:45 am]
 BILLING CODE 6712-01-P
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