[Federal Register: October 30, 2006 (Volume 71, Number 209)]
[Notices]
[Page 63322-63323]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30oc06-96]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[Report No. AUC-06-85-C (Auction No. 85); DA 06-2034]
LPTV and TV Translator Digital Companion Channel Applications
Mutually Exclusive Proposals; Announcement of 60-Day Settlement Period
Ending December 15, 2006
AGENCY: Federal Communications Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This document announces a 60-day settlement period filing
window for parties that filed mutually exclusive proposals for digital
companion channels for low power television and television translator
stations to enter into settlement agreements or otherwise resolve
mutual exclusivities by means of engineering solutions.
DATES: Settlement Agreement filing window October 17, 2006--December
15, 2006.
FOR FURTHER INFORMATION CONTACT: Video Division, Media Bureau: Hossein
Hashemzadeh (technical) or Shaun Maher (legal) at (202) 418-1600. To
request materials in accessible formats (Braille, large print,
electronic files, or audio format) for people with disabilities, send
an e-mail to fcc504@fcc.gov or call the Consumer and Governmental
Affairs Bureau at (202) 418-0530 or 418-0432. (TTY).
SUPPLEMENTARY INFORMATION: This is a summary of the Auction No. 85
Settlement Public Notice released on October 17, 2006. The complete
text of the Auction No. 85 Settlement Public Notice, including
attachments and related Commission documents, is available for public
inspection and copying from 8 a.m. to 4:30 p.m. Monday through Thursday
or from 8 a.m. to 11:30 a.m. on Friday at the FCC Reference Information
Center, Portals II, 445 12th Street SW., Room CY-A257, Washington, DC
20554. The Auction No. 85 Settlement Public Notice and related
Commission documents may also be purchased from the Commission's
duplicating contractor, Best Copy and Printing, Inc. (BCPI), Portals
II, 445 12th Street, SW., Room CY-B402, Washington, DC, 20554,
telephone 202-488-5300, facsimile 202-488-5563, or you may contact BCPI
at its Web site: http://www.BCPIWEB.com. When ordering documents from
BCPI, please provide the appropriate FCC document number, such as DA
06-2034 for the Auction No. 85 Settlement Public Notice. The Auction
No. 85 Settlement Public Notice and related documents are
[[Page 63323]]
also available on the Internet at the Commission's Web site at: http://wireless.fcc.gov/auctions/85/
.
1. Mutually Exclusive Engineering Proposals: On April 20, 2006, the
Media and Wireless Telecommunications Bureaus (Bureaus) announced a
filing window for certain low power television (LPTV) and television
translator stations to submit proposals for digital companion channels
by public notice, 71 FR 34348, June 14, 2006. In attachment A of the
Auction No. 85 Settlement Public Notice, the Bureaus provide a list of
all proposals received that are mutually exclusive with other proposals
submitted in the filing window. Since the proposals listed in
Attachment A of the Auction No. 85 Settlement Public Notice are
mutually exclusive, they are subject to the Commission's competitive
bidding procedures.
2. 60-Day Settlement Period Ending December 15, 2006: The Bureaus
announce a 60-day period beginning with the release of the Auction No.
85 Settlement Public Notice and ending December 15, 2006, for parties
with proposals in the mutually exclusive (MX) groups listed in
Attachment A of the Auction No. 85 Settlement Public Notice to enter
into settlement agreements or otherwise resolve their mutual
exclusivities by means of engineering solutions. The parties must
submit the agreements and affidavits required by 47 CFR 73.3525 and/or
any engineering submission by the deadline on December 15, 2006. After
approval of a settlement and/or engineering submission, the proposed
permittee(s) must submit an accurate and complete FCC Form 346 by the
deadline subsequently specified by staff.
3. Settlement Agreement Submission Requirements: Applicants must
ensure that their settlement agreements comply with the provisions of
47 U.S.C. 311(c) and the pertinent requirements of 47 CFR 73.3525
including the reimbursement restrictions. For example: (a) Parties must
submit a copy of their settlement agreement and any ancillary
agreement(s); (b) parties must submit a joint request for approval of
such agreement; (c) parties must submit an affidavit of each party to
the agreement setting forth: (i) the reasons why it is considered that
such agreement is in the public interest; (ii) a statement that its
application was not filed for the purpose of reaching or carrying out
such agreement; (iii) a certification that neither the applicant nor
its principals has received any money or other consideration in excess
of the legitimate and prudent expenses of the applicant; (iv) the exact
nature and amount of any consideration paid or promised; (v) an
itemized accounting of the expenses for which it seeks reimbursement;
and (vi) the terms of any oral agreement relating to the dismissal or
withdrawal of its application.
4. Applicants that unilaterally dismiss their application or file
an engineering amendment that removes the mutual exclusivity to their
application without having entered a settlement agreement with another
applicant must nevertheless submit an affidavit as to whether or not
consideration has been promised to or received by such applicant in
connection with their dismissal or engineering amendment.
5. Anti-Collusion Rule: The prohibition of collusion set forth in
47 CFR 1.2105(c) and 73.5002(d) became effective upon the short-form
(FCC Form 175) filing deadline on June 30, 2006. However, the
Commission's Rules provide for a limited opportunity to settle, or
otherwise resolve mutual exclusivities by means of engineering
solutions, following the filing of the FCC Form 175 applications.
Specifically, parties in MX groups listed in Attachment A of the
Auction No. 85 Settlement Public Notice may discuss possible settlement
agreements or technical solutions with other parties in their group
during the limited period which commences with the release of the
Auction No. 85 Settlement Public Notice and ends on December 15, 2006.
Once the settlement period ends, the anti-collusion restrictions once
again take effect. The Commission will proceed to auction with any
competing mutually exclusive proposals that are not resolved by the
parties during this settlement period.
6. When and Where to File: Settlement agreements that are entered
into in connection with this settlement period must be filed prior to 6
p.m. Eastern Time (ET) on December 15, 2006, as an attachment to the
respective parties' FCC Form 175s via the FCC Auction System.
Similarly, applicants proposing engineering amendments in connection
with this settlement period must do so by amending the technical
portion of their FCC Form 175s via the FCC Auction System. Engineering
amendments also must be submitted prior to 6:00 p.m. on December 15,
2006. Late-filed settlement agreements and engineering amendments or
unconfirmed submissions of electronic data will not be accepted.
Settlement agreements and engineering amendments may be filed any time
beginning 9 a.m. ET on October 17, 2006, until 6 p.m. ET on December
15, 2006. Applicants are strongly encouraged to file their settlement
agreements and engineering amendments early and are responsible for
allowing adequate time for filing. Information about accessing,
viewing, completing amendments to, and filing settlement agreements for
the FCC Form 175 is included in Attachment B of the Auction No. 85
Settlement Public Notice. Technical support is available at (877) 480-
3201, option nine; (202) 414-1250; or (202) 414-1255 (text telephony
(TTY)); hours of service are Monday through Friday, from 8 a.m. to 6
p.m. ET. In order to provide better service to the public, all calls to
the hotline are recorded.
7. The Bureaus will withhold further action on the mutually
exclusive proposals listed in Attachment A of the Auction No. 85
Settlement Public Notice pending submission of settlement agreements or
engineering proposals to resolve mutual exclusivity. Following the
close of the settlement period, the Bureaus subsequently will announce
an auction date and propose auction procedures for selecting among the
remaining MX proposals.
Federal Communications Commission.
Gary D. Michaels,
Deputy Chief, Auctions Access and Spectrum Division, WTB.
[FR Doc. E6-18220 Filed 10-27-06; 8:45 am]
BILLING CODE 6712-01-P