[Federal Register Volume 68, Number 39 (Thursday, February 27, 2003)]
[Notices]
[Pages 9080-9081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4605]


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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.

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