[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)]
[Notices]
[Pages 39109-39111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16754]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 15-679]


Media Bureau Announces Incentive Auction Eligible Facilities and 
Deadline for Filing Pre-Auction Technical Certification Form

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: This document announces each full power and Class A station 
facility eligible for protection in the repacking process and for 
relinquishment in the reverse auction (i.e., ``eligible facility''), as 
well as the date by which a licensee with a eligible facility must file 
a Pre-Auction Technical Certification Form (FCC Form 2100, Schedule 
381) (approved under OMB control under 3060-1206). An Appendix is 
attached to the Public Notice listing each eligible facility. The 
Public Notice also establishes a process for licensees to file a 
Petition for Eligible Entity Status in order to request that a facility 
not listed in the Appendix attached to the Public Notice be treated as 
an eligible facility.

DATES: The deadline for filing a Pre-Auction Technical Certification 
Form (FCC Form 2100, Schedule 381) is July 9, 2015. The deadline for 
filing a Petition for Eligible Entity Status is July 9, 2015. If 
granted, the Bureau will notify the petitioner of the date by which it 
must file its Pre-Auction Technical Certification Form as part of its 
decision. Furthermore, if the Commission grants a petition for 
reconsideration of the Incentive Auction R&O and in doing so extends 
discretionary protection to a different facility, or a facility that is 
not currently listed in the Appendix attached to the Public Notice, the 
licensee must file a Pre-Auction Technical Certification Form for each 
eligible facility no later than seven (7) days after release of the 
Commission's decision or by July 9, 2015, whichever is later.

FOR FURTHER INFORMATION CONTACT: Kevin Harding, Hossein Hashemzadeh, or 
Evan Morris, Video Division, Media Bureau, Federal Communications 
Commission, (202) 418-1600.

[[Page 39110]]


SUPPLEMENTARY INFORMATION: The Media Bureau (Bureau) announces each 
station facility eligible for protection in the repacking process and 
for relinquishment in the reverse auction (i.e., eligible facility). 
Each eligible facility is listed in an Appendix attached to the Public 
Notice, which includes each eligible facility's call sign, facility 
identification number, community of license (city and state), license 
file number, channel number, type of service, and name of the licensee. 
The Appendix is available at http://transition.fcc.gov/Daily_Releases/Daily_Business/2015/db0609/DA-15-679A2.pdf. Additionally, the Bureau 
announces that any licensee with a station listed in the Appendix must 
file an FCC Form 2100, Schedule 381 (Pre-Auction Technical 
Certification Form or Form), through which it will verify and certify 
to the accuracy of the authorization and underlying Database Technical 
Information for each eligible facility by July 9, 2015. ``Database 
Technical Information'' means all underlying technical data that sets 
forth the operational parameters of the facility, including but not 
limited to the technical information that may be found in the 
Commission's Consolidated Database System (as well as the successor 
Licensing Management System) and Antenna Registration System. 
Accordingly, when a licensee certifies on the Pre-Auction Technical 
Certification Form to the accuracy of underlying Database Technical 
Information for an eligible facility, it must review all technical 
information on file with the Commission related to that eligible 
facility. When making its certification a licensee should not limit its 
review solely to the information provided for each eligible facility in 
the Appendix.
    In the Incentive Auction R&O, the Federal Communications Commission 
(Commission) adopted rules and procedures for conducting the broadcast 
television incentive auction, including rules for determining which 
full power and Class A television station facilities would be eligible 
for protection in the repacking process and participation in the 
reverse auction. See Expanding the Economic and Innovation 
Opportunities of Spectrum Through Incentive Auctions, GN Docket No. 12-
268, Report and Order, 29 FCC Rcd 6567 (2014) (Incentive Auction R&O). 
The Commission also instructed the Bureau to issue a Public Notice 
specifying the deadline by which all full power and Class A licensees 
subject to either discretionary or mandatory protection, with limited 
exception, must either be licensed or have an application for a license 
to cover the construction permit on file (FCC Form 2100, Schedules B or 
F/FCC Forms 302 or 302-CA) in order to qualify as an eligible facility. 
Incentive Auction R&O, 29 FCC Rcd 6651, n.615 Pursuant to that 
authority, the Bureau designated May 29, 2015 as the Pre-Auction 
Licensing Deadline. Media Bureau Designates May 29, 2015 as Pre-Auction 
Licensing Deadline, Public Notice, 30 FCC Rcd 393 (2015).
    While the Appendix attached to the Public Notice is intended to 
represent a complete list of all Class A and full power station 
facilities eligible for protection in the repacking process and 
relinquishment in the reverse auction, if a licensee believes that the 
Appendix omits an eligible facility, it should file with the Commission 
a ``Petition for Eligible Entity Status'' by July 9, 2015. The petition 
must request that the facility be designated an eligible facility, and 
the caption should include the name of the licensee, station's call 
sign, station's community of license (city and state), facility 
identification number, channel number, and file number for the 
authorization the licensee believes should be eligible. The petitioner 
must explain the reason it believes the facility is eligible consistent 
with the Incentive Auction R&O (e.g., the facility was subject to 
mandatory or discretionary protection). The Bureau will process 
petitions in an expeditious manner and inform the petitioner of its 
decision well in advance of the reverse auction. All petitions must be 
addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission, and to the attention of Barbara A. 
Kreisman, Chief, Video Division, Media Bureau, Room 2-A666. An 
electronic copy should also be sent to Barbara Kreisman at 
[email protected] and to Evan Morris at [email protected].
    To ensure a stable and accurate database, and to facilitate the 
repacking process, the Incentive Auction R&O specified that the 
Commission would require all full power and Class A television stations 
to verify and certify to the accuracy of the information contained in 
the Commission's databases with respect to their protected facilities. 
The R&O also directed the Bureau to develop a form and announce by 
Public Notice the deadline and procedures for filing the form. 
Incentive Auction R&O, 29 FCC Rcd at 6651, n.615; Incentive Auction 
R&O, 29 FCC Rcd at 6656, para. 195, n.646. Accordingly, the Bureau 
announces that licensees listed in the Appendix have until July 9, 
2015, to file, through the Commission's Licensing Management System 
(LMS), a Pre-Auction Technical Certification Form (FCC Form 2100, 
Schedule 381). Licensees must file a separate Form for each eligible 
facility listed in the Appendix. If a Pre-Auction Technical 
Certification Form for an eligible facility is not filed by July 9, 
2015, we will consider the authorization in the Appendix and the 
underlying Database Technical Information for that facility as of May 
29, 2015 to be accurate for purposes of determining protection in the 
repacking process and the spectrum usage rights eligible for 
relinquishment in the reverse auction.
    If a licensee certifies in the Form that there is a discrepancy 
between the authorization and the underlying Database Technical 
Information on file with the Commission (e.g., the Commission has made 
an error and the facility authorization listed in the Appendix or 
underlying Database Technical Information is incorrect), the licensee 
must attach an exhibit to the Form providing the correct information. 
The Bureau will review and correct such errors as appropriate. The 
Bureau will take such corrections into account for purposes of 
determining protection in the repacking process and the spectrum usage 
rights eligible for relinquishment in the reverse auction.
    In the alternative, if a licensee certifies in the Form that its 
eligible facility has been operating with parameters at variance from 
those specified in the authorization listed in the Appendix and the 
underlying Database Technical Information, the licensee must either 
revise its operations to reflect the licensed parameters or file an 
application for modification of its facility (FCC Form 2100, Schedules 
A or E) and seek a Special Temporary Authorization to allow it to 
continue to operate with parameters at variance pending grant of its 
modified license. If an application for modification is filed prior to 
submitting the Pre-Auction Technical Certification Form, the file 
number of that application must be provided on the Form. However, 
consistent with our objective of a stable and accurate database to 
facilitate the repacking process, we will rely on the operating 
parameters as specified in the authorization listed in the Appendix and 
the underlying Database Technical Information. Modifications occasioned 
by a licensee's operating at variance from those parameters, even if 
granted and ultimately licensed, will not be taken into account for 
purposes of determining protection in the repacking process and the 
spectrum usage rights eligible for relinquishment in the reverse 
auction.

[[Page 39111]]

    In the Incentive Auction R&O, the Commission directed the Office of 
Engineering and Technology (OET) to release a detailed summary of 
baseline coverage area and population served by each television station 
to be protected in the repacking process. Incentive Auction R&O, 29 FCC 
Rcd at 6635, para. 145. The final baseline released by OET will contain 
the final list of eligible stations based on corrections to eligible 
facilities resulting from their certification in the Pre-Auction 
Technical Certification Form and any granted Petitions for Eligible 
Entity Status or Petitions for Reconsideration of the Incentive Auction 
R&O. Several parties have filed petitions for reconsideration of the 
Incentive Auction R&O requesting that discretionary protection be 
extended to facilities not currently protected under the R&O. The 
Commission is currently considering those petitions and the attached 
Appendix is not intended to pre-judge their outcome. If the Commission 
grants a petition for reconsideration and extends discretionary 
protection to a different facility, or a facility that is not currently 
listed in the Appendix, the licensee must file a Pre-Auction Technical 
Certification Form for each eligible facility no later than seven (7) 
days after release of the Commission's decision or by July 9, 2015, 
whichever is later.
    This action is taken by the Media Bureau pursuant to authority 
delegated by 47 CFR 0.283 of the Commission's rules.

Barbara A. Kreisman,
Chief, Video Division, Media Bureau, Federal Communications Commission.
[FR Doc. 2015-16754 Filed 7-7-15; 8:45 am]
 BILLING CODE 6712-01-P