[Federal Register Volume 71, Number 209 (Monday, October 30, 2006)]
[Notices]
[Pages 63322-63323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18220]


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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.

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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 [email protected] 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