[Federal Register: February 27, 2003 (Volume 68, Number 39)]
[Notices]
[Page 9080-9081]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27fe03-83]
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FEDERAL COMMUNICATIONS COMMISSION
[Report No. AUC-03-83-A (Auction No. 83); DA 03-359]
FM Translator Auction Filing Window and Application Freeze
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: This document announces an auction filing window for certain
FM translator station construction permit applications and a freeze on
the acceptance of FM translator and FM booster minor change and FM
booster new construction permit applications from February 8 to March
14, 2003.
DATES: The filing window will open on March 10, 2003, and close on
March 14, 2003.
FOR FURTHER INFORMATION CONTACT: James Bradshaw or Lisa Scanlan, Audio
Division, Media Bureau at (202) 418-2700; Auction Technical Support at
(202) 414-1250.
SUPPLEMENTARY INFORMATION: This is a summary of a Public Notice
released February 6, 2003. The complete text of the Public Notice,
including four attachments providing guidelines for electronic
application filing, is available for inspection and copying during
normal business hours in the FCC Reference Information Center (Room CY-
A257), 445 12th Street, SW., Washington, DC. It may also be purchased
from the Commission's copy contractor, Qualex International, 445 12th
Street, SW., Room CY-B402, Washington, DC 20554, (202) 863-2898. It is
also available on the Commission's Web site at http://www.fcc.gov.
also available on the Commission's Web site at http://www.fcc.gov.
General Information
The Media Bureau (``MB'') and the Wireless Telecommunications
Bureau (``WTB'') announce an auction filing window for certain FM
translator station construction permit applications. The filing window
will open on March 10, 2003, and close on March 14, 2003. In connection
with this window, MB also announces that it will not accept FM
translator and FM booster minor change construction permit applications
and FM booster new construction permit applications between February 8,
2003, and March 14, 2003.
The window is available for non-reserved band (channels 221 to 300)
proposals for new FM translator stations and major modifications to
authorized FM translator facilities. (See ``Implementation of section
309(j) of the Communications Act--Competitive Bidding for Commercial
Broadcast and Instructional Television Fixed Service Licenses,'' First
Report and Order, 63 FR 48615, September 11, 1998. A window open for
proposals in the non-reserved band provides a filing opportunity for
both noncommercial educational (``NCE'') and commercial FM translator
applicants. See 47 CFR 74.1202(b)).
The Commission also will consider those FM translator station new
and major modification applications that were received on or before
November 26, 1997, but for which no ``A'' cut-off list had been
released by that date (``Frozen FM Translator Applications''). Also on
file are a number of FM translator station new and major modification
applications filed after November 26, 1997, with ``freeze waiver''
requests (``Freeze Waiver Applications''). These applicants also may
participate in the filing window. Freeze Waiver Applications must
protect all minor change applications filed on or before February 7,
2003, in order to be considered in the upcoming window, the same
requirement that will apply generally to new FM translator station and
major change proposals submitted for the first time in the filing
window.
MB will institute a temporary freeze on the acceptance of minor
change FM translator applications on all channels (channels 201-300) at
12:01 a.m. Eastern Time (``ET''), February 8, 2003. The freeze shall
remain in effect until the close of the window. Minor change
applications filed during this freeze will be dismissed.
Participation. All applicants for new FM translator stations and
major modifications to authorized FM translator facilities must:
[sbull] If Form 349 IS NOT on file: File electronically FCC Form
349, Application for Authority to Construct or Make Changes in an FM
Translator or FM Booster Station, between 12:01 a.m. ET, March 8, 2003
and 6 p.m. ET, March 14, 2003.
[sbull] If an FCC Form 349 Frozen FM Translator Application or
Freeze Waiver Application IS currently on file: The applicant should
confirm that the information on file is accurate and complete.
[sbull] If no changes in the previously filed Form 349 applications
are necessary, the applicant must only file Form 175. The Form 175 must
include the file number of all previously filed Form 349 applications.
[sbull] If any information in a Frozen FM Translator Application or
Freeze Waiver Application is no longer accurate and complete, the
applicant must file a new Form 349 application electronically,
completing Section I, the Tech Box of Section III-A, and the Section VI
Certification.
[sbull] File electronically an FCC Form 175 by 6 p.m. ET March 14,
2003.
[sbull] Comply with all provisions outlined in the Public Notice
and applicable rules of the Commission.
An applicant's failure to reference a pending Form 349 application
on its Form 175 will result in the dismissal of that Form 349
application. No consideration will be given any proposal for which the
required engineering information is not on file by the close of the
window. No application filing fee is required at this time.
Application Processing. After the close of the window, the
Commission will make mutual exclusivity determinations with regard to
all timely and complete filings. Applications received during the
filing window that are not mutually exclusive with any other
applications submitted in the filing window will be identified by
subsequent public notice. No amendments to the FM translator filing
window Form 349 application, technical or otherwise, will be accepted
between the close of the application filing window, March 14, 2003, and
the public notice listing the non-mutually exclusive FM translator
applications. Complete FCC Form 349 non-mutually exclusive applications
will be processed and the staff will release public notices listing
those applications determined acceptable for filing. Petitions to deny
must be filed within 15 days of the public notice announcing acceptance
of the application at issue.
MB and WTB will issue a public notice identifying mutually
exclusive applications received during the window. This public notice
will also specify a settlement period for resolving application mutual
exclusivity. Technical amendments submitted by applicants to resolve
conflicts must be
[[Page 9081]]
minor, as defined by the applicable rules of the FM translator service,
and must not create any new mutual exclusivity or other application
conflict. No amendments to the FM translator filing window Form 349
application, technical or otherwise, will be accepted between the close
of the application filing window, March 14, 2003, and the public notice
listing the mutually exclusive FM translator applications.
Federal Communications Commission.
Lisa Scanlan,
Assistant Division Chief, Audio Division, Media Bureau.
[FR Doc. 03-4605 Filed 2-26-03; 8:45 am]
BILLING CODE 6712-01-P