[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Pages 12594-12602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04248]


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FEDERAL COMMUNICATIONS COMMISSION

[MB Docket No. 16-306; GN Docket No. 12-268; DA 17-106]


Incentive Auction Task Force and Media Bureau Announce Procedures 
for the Post-Incentive Auction Broadcast Transition

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) addresses the transition of full power and Class A 
television stations to post-auction channel assignments in the 
reorganized television bands following the conclusion of the broadcast 
television spectrum incentive auction (Auction 1000), summarizes and 
clarifies the process established in the Incentive Auction Report and 
Order and further developed in subsequent decisions.

DATES: March 6, 2017.

FOR FURTHER INFORMATION CONTACT: Shaun Maher, Video Division, Media 
Bureau, Federal Communications Commission, [email protected], 
(202) 418-2324.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
document, DA 17-106; MB Docket No. 16-306; GN Docket No. 12-268, 
released January 27, 2017. The complete text of this document is 
available for public inspection during regular business hours in the 
FCC Reference Center, Room CY-A257, 445 12th Street SW., Washington, DC 
20554, or online at http://transition.fcc.gov/Daily_Releases/Daily_Business/2017/db0127/DA-17-106A1.pdf.
    The document DA 17-106 provides detailed information, instructions, 
and projected deadlines for filing applications related to the post-
incentive auction broadcast transition. It includes details about the 
requirement that all stations assigned a new channel as a result of the 
incentive auction submit an application for construction permit for 
their post-auction channel, as well as the procedures by which winning 
reverse auction bidders must relinquish their spectrum usage rights. It 
also sets forth the process by which eligible television stations can 
seek reimbursement of certain costs incurred in relocating to new 
channels and Multichannel Video Programming Distributors (MVPDs) for 
certain costs incurred in order to continue to carry the signals of 
relocating television stations. Additionally, this Public Notice 
includes an Appendix with instructions for filing in the Commission's 
Licensing and Management System (LMS) the applications required to 
effectuate this transition.
    The document DA 17-106 provides broadcasters and other entities 
involved in the transition with information, instructions, and 
projected deadlines for filing applications related to the transition 
based on the following categories to which the broadcaster or entity 
belongs:
     Reassigned Station: A full power or Class A station that 
was protected during the repacking process and involuntarily assigned 
to a new channel in one of the reorganized broadcast television bands. 
This category includes every station involuntarily assigned to a new 
channel including those that did not apply to bid in Auction 1001, 
those that applied and did not bid, and those that bid, but exited.
     Band Changing Station: A station with a winning bid to 
move to the low or high very-high frequency (VHF) band.
     Non-Reassigned Station With Population Loss In Excess of 
One Percent: A station that was not reassigned to a new channel but was 
entitled to protection in the repacking process and is predicted to 
experience a loss in population served in excess of one percent because 
of new station-to-station interference.
     Displaced Class A Station: A Class A station that was not 
protected during the repacking process and is consequently displaced as 
a result of the repacking.
     License Relinquishment Station: A station with a winning 
bid to go off air that will relinquish its spectrum usage rights and 
cease broadcasting.
     Channel Sharing Station: Includes both a station with a 
winning bid to go off air that intends to relinquish spectrum usage 
rights on its current channel in order to share a channel (the sharee), 
as well as the station with which it will share following the incentive 
auction (the sharer).
     MVPDs: Multichannel Video Programming Distributors that 
reasonably incur costs in order to continue to carry the signals of 
stations relocating to new channels as a result of the incentive 
auction and that are eligible for reimbursement.
    LPTV, TV translator, and digital replacement translator stations 
were not eligible to participate in the incentive auction, are not 
protected in the repacking process, are not eligible for reimbursement, 
and are not included in the phased transition schedule. Some of these 
facilities will be displaced as a result of the repacking process. Such 
a displaced station will have the opportunity to file an application 
for a construction permit to move to another channel or seek to channel 
share with another LPTV or TV translator station. The Media Bureau will 
issue a public notice listing potential channels in all areas in which 
LPTV or TV translator stations are displaced not less than 60 days in 
advance of the filing window for displacement applications. A separate 
public notice will outline the requirements and approximate timeline 
for the filing of applications for such displaced stations.
    Some of the post auction transition-related deadlines set forth in 
the Commission's rules, such as the deadline for filing an application 
for a construction permit for post-auction

[[Page 12595]]

channel facilities, are referred to in months. For the sake of clarity 
and to provide greater ease of calculation, the Media Bureau instead 
refers to such deadlines in days. For example, a ``3-month'' deadline 
will be referred to as a ``90-day'' deadline.

Reassigned Stations, Band Changing Stations, Non-Reassigned Stations 
With Excess Population Loss, and Displaced Class A Stations

    Construction Permit Application Process for Reassigned Stations and 
Band Changing Stations. All reassigned stations and band changing 
stations must electronically file applications for construction permits 
to build their post-auction channel facilities via the Commission's LMS 
no later than 90 days after the release date of the Closing and 
Reassignment Public Notice. The instructions for filing FCC Form 2100--
Schedule A (full power stations) and Schedule E (Class A stations) are 
included in Appendix A. Applications must propose modified facilities 
consistent with the technical parameters set forth in the Closing and 
Reassignment Public Notice except as set forth below. These 
applications, including those that propose permissible contour 
extensions, as discussed immediately below, will be considered minor 
change applications and exempt from filing fees. Although they have up 
to 90 days to do so, stations should file their applications as early 
as possible following the release of the Closing and Reassignment 
Public Notice. The earlier that stations submit their applications, the 
quicker the Media Bureau will be able to process them and authorize 
construction.
    Flexibility to Expand Contour Coverage in Applications Filed During 
the Initial 90-Day Window. The Commission has provided limited 
flexibility for reassigned stations and band changing stations to 
request in their initial construction permit applications transmission 
facilities that will extend their post-auction coverage contour beyond 
the technical parameters specified in the Closing and Reassignment 
Public Notice.
    Reassigned Stations. A reassigned station may propose transmission 
facilities in its initial construction permit application that will 
extend its coverage contour if such facilities: (1) Are necessary to 
achieve the coverage contour specified in the Closing and Reassignment 
Public Notice or to address loss of coverage area resulting from its 
post-auction channel assignment; (2) will not extend a full power 
station's noise limited contour or a Class A station's protected 
contour by more than one percent in any direction; and (3) will not 
cause new interference beyond 0.5 percent to the technical parameters 
of any other station based on the parameters specified in the Closing 
and Reassignment Public Notice.
    Band Changing Stations. Band changing stations may specify 
transmission facilities that would result in a larger coverage contour 
than that resulting from the technical parameters specified in the 
Closing and Reassignment Public Notice, so long as the proposed 
facility will not cause new interference beyond a rounding tolerance of 
0.5 percent to any other station. Such stations are not limited to the 
one percent contour increase restriction applicable to reassigned 
stations.
    Applications that Qualify for Expedited Processing. In order to 
expedite the transition, the Commission provided for expedited 
processing by the Media Bureau of a construction permit application 
that: (1) Does not seek to expand the coverage area, as defined by the 
technical parameters specified in the Closing and Reassignment Public 
Notice, in any direction; (2) seeks authorization for facilities that 
are no more than five percent smaller than those specified in the 
Closing and Reassignment Public Notice with respect to predicted 
population served; and (3) is filed within the 90-day deadline. The 
Media Bureau expects to process applications meeting all three of these 
requirements within 10 business days of filing.
    Incomplete or Defective Applications. A station that files an 
application during the initial 90-day window that is incomplete or 
defective will be contacted and afforded an opportunity to submit an 
amendment via LMS to cure any defects. Failure to cure a defect will 
result in dismissal of the application. A station whose application is 
dismissed must file a new application within 15 calendar days of 
dismissal and pay the requisite filing fee. A station that files an 
amendment to cure its pending application or re-files its application 
will nonetheless be required to meet its assigned construction 
deadline.
    Minor Amendments and Modifications. A station may submit requests 
for minor amendments to pending applications or minor modifications to 
construction permits at any time so long as the proposed facility meets 
the technical parameters identified in the Closing and Reassignment 
Public Notice or the allowable variance discussed herein. Applicants 
must file amendments to pending applications and applications for minor 
modifications of construction permits electronically via LMS by 
following the instructions in Appendix A.
    Requests for Waiver of Construction Permit Filing Deadline. 
Reassigned stations and band changing stations that determine they are 
unable to construct facilities that meet the technical parameters 
specified in the Closing and Reassignment Public Notice within the 
permissible contour coverage variance discussed herein, as well as 
stations unable to meet the 90-day filing deadline, may seek a waiver 
of the deadline. For stations unable to construct, requests for waiver 
of the 90-day filing deadline must be filed no later than 30 days prior 
to the deadline. Stations must submit their waiver requests in the form 
of a request for a legal STA via LMS, in accordance with the 
instructions contained in Appendix A. Stations should also send an 
electronic copy of the request via email to: 
[email protected]. The staff will notify each requesting 
station of the grant or denial of a waiver. A station whose request is 
denied must submit its application no later than the 90-day deadline. 
Failure to do so may result in the imposition of a forfeiture or other 
sanctions.
    The Media Bureau will look most favorably on requests demonstrating 
that, due to extraordinary technical or legal issues beyond the 
station's control, it is impossible to construct the facility specified 
in the Closing and Reassignment Public Notice. This could occur, for 
example, if a station is unable to construct a compliant facility on 
its current tower and a replacement tower cannot be constructed from 
which the station would be able to meet the specified technical 
parameters. A station granted a waiver under this ``unable to 
construct'' standard will be allowed to file an application for a 
construction permit for an alternate channel or expanded facilities 
during the first priority filing window described below.
    We emphasize that any station that is granted a waiver of the 
construction permit application deadline nonetheless will be required 
to meet its construction deadline.
    Alternate Channel/Expanded Facilities Filing Windows. After the 
staff substantially completes its processing of the construction permit 
applications filed during the initial 90-day window, the Media Bureau 
will issue public notices announcing two, 30-day filing windows for 
stations to seek alternate channels and/or expanded facilities from 
those set forth in the Closing and Reassignment Public Notice. These

[[Page 12596]]

filing windows will run consecutively, with a brief period in between. 
Filings in the first ``priority'' filing window will be limited to: (1) 
Reassigned stations and band changing stations ``unable to construct'' 
facilities that meet the technical parameters specified in the Closing 
and Reassignment Public Notice; (2) any reassigned station, band 
changing station, or non-reassigned station entitled to protection in 
the repacking process that is predicted to experience a loss in 
population served in excess of one percent as a result of the repacking 
process; and (3) Class A stations that did not receive protection in 
the repacking process and were displaced during the repacking process. 
All other reassigned stations and band changing stations will have an 
opportunity to file in the second window.

Expanded Facilities and Alternate Channel Proposal Requirements

    Expanded Facilities. All applications for expanded facilities will 
be limited to those that would be considered a minor change under the 
Commission's rules, i.e., that propose a change in height above average 
terrain, effective radiated power, antenna pattern, or transmitter 
location. Reassigned stations that seek to extend their contours beyond 
one percent in any direction from the contour defined by the technical 
parameters specified in the Closing and Reassignment Public Notice must 
file applications for expanded facilities.
    Alternate Channels. An application for an alternate channel will be 
considered a major change application and thus will be subject to the 
local public notice requirements of section 73.3580 of the Commission's 
rules and a 30-day period for the filing of petitions to deny prior to 
grant. Band changing stations may not apply for alternate channels 
outside of their post-auction bands. Reassigned stations are not 
similarly limited and may apply for any channel in the reorganized 
television band.

First Priority Window Timing and Eligibility

    Timing. The Media Bureau anticipates opening the first priority 
window approximately 120 days after the release of the Closing and 
Reassignment Public Notice. Applicants in the first priority window 
must protect the construction permit facilities of reassigned stations 
and band changing stations filed in the initial 90-day window if those 
stations' applications have been granted or remain pending. Otherwise, 
applicants in the first priority window must protect the facilities 
specified in the Closing and Reassignment Public Notice. In addition, 
all applications filed in the first priority window must protect the 
facilities specified in applications filed before the April 2013 freeze 
with ``cut-off'' protection. The facilities proposed in applications 
filed during the first priority window will be entitled to interference 
protection from subsequently filed applications and amendments thereto.
    Eligibility--Stations Unable to Construct. Reassigned stations or 
band changing stations that receive a waiver of the 90-day filing 
deadline based on a demonstration that they are ``unable to construct'' 
may file for an alternate channel and/or expanded facilities in the 
first priority window. Such stations must submit their applications via 
LMS using either FCC Form 2100--Schedule A (full power stations) or 
Schedule E (Class A stations) in accordance with the procedures 
outlined in Appendix A. Because these applications will constitute 
these stations' initial applications for construction permits, the 
applications will not be subject to a filing fee.
    Stations with Excess Aggregate Interference and/or Terrain Loss. A 
reassigned station or band changing station that demonstrates that it 
is predicted to experience a loss in population served in excess of one 
percent as a result of its channel assignment specified in the Closing 
and Reassignment Public Notice, either because of new aggregate 
station-to-station interference or terrain loss (or a combination of 
both), may propose expanded facilities or an alternate channel by 
filing an amendment to the application it filed by the initial 90-day 
filing deadline or, if the application has been granted, by filing an 
application to modify its construction permit. The station's filing 
must include an exhibit demonstrating the predicted population loss. 
Such stations must electronically submit an application for 
modification of their construction permit via LMS using either FCC Form 
2100--Schedule A (full power stations) or Schedule E (Class A 
stations), or an amendment to their pending application by following 
the procedures outlined in Appendix A. These applications will be 
subject to a filing fee.
    Non-Reassigned Stations with Excess Population Loss. Stations not 
reassigned to new post-auction channels but that were entitled to 
protection in the repacking process and are predicted to experience a 
loss in population served in excess of one percent because of new 
station-to-station interference may submit a construction permit 
application proposing expanded facilities or an alternate channel and 
demonstrating the predicted population loss. Applications must be filed 
via LMS using FCC Form 2100--Schedule A (full power stations) or 
Schedule E (Class A stations). These applications will be subject to a 
filing fee. In addition, the costs incurred by non-reassigned stations 
to construct alternate channels or expanded facilities will not be 
reimbursable from the Reimbursement Fund.
    Displaced Class A Stations. Any Class A station that was not 
protected in the repacking process may file a displacement application 
in the first priority window. The station must electronically file a 
displacement application via LMS using FCC Form 2100--Schedule E, in 
accordance with the instructions contained in Appendix A. The 
application must specify a new channel or other modification that would 
comply with the interference and technical rules. The proposed facility 
must also comply with Section 336(f)(7)(B) of the Communications Act, 
which prevents the Commission from approving a modification of a Class 
A license, ``unless the . . . licensee shows'' that its proposal would 
not cause interference to a LPTV facility or translator facilities 
authorized or proposed before ``the application for . . . modification 
of such a license . . . was filed.'' We note that costs associated with 
constructing any Class A displacement facilities will not be eligible 
for reimbursement from the Reimbursement Fund.
    Second Window Timing and Requirements. During the second window, 
any reassigned station or band changing station may file an amendment 
to its initial construction permit application, if still pending, or a 
modification to its construction permit, if granted, to seek an 
alternate channel or expanded facility from that specified in the 
Closing and Reassignment Public Notice. The Media Bureau anticipates 
opening this window approximately 14 to 30 days after the close of the 
first priority filing window. All of the applications and amendments 
filed during the second window must protect the facilities proposed in 
the first priority window, and will be entitled to interference 
protection from subsequently-filed amendments and modification 
applications filed after the close of the second window. Applicants in 
the second window must also protect the construction permit facilities 
of reassigned stations and band changing stations filed in the initial 
90-day window if those stations' applications have been granted or 
remain pending. Otherwise, applicants in the second

[[Page 12597]]

window must protect the facilities specified in the Channel and 
Reassignment Public Notice. In addition, all applications filed in the 
second window must protect applications that were filed before the 
April 2013 freeze and have ``cut-off'' protection. Applications and 
amendments filed in the second window will be subject to the applicable 
filing fees.
    Cut-Off Protection and Mutually Exclusive (MX) Applications. 
Applications filed during either the first priority window or second 
window will be treated as filed on the last day of that window for 
purposes of determining mutual exclusivity. Stations filing 
applications during either window that are determined to be MX with 
another application filed in the same window will be notified and will 
be given a 90-day period to resolve the MX by proposing a technical 
solution or settlement in an amendment to their pending applications.
    Incomplete or Defective Applications. A station that files an 
application for a construction permit during either the first priority 
window or second window that is incomplete or defective will be 
contacted and afforded an opportunity to submit an amendment via LMS to 
cure any defects. Failure to correct any defect will result in 
dismissal of the application. If either an application filed during the 
first priority window by: (1) A station that was unable to construct 
the facilities specified in the Closing and Reassignment Public Notice 
or (2) a displaced Class A station is dismissed then the station must 
file a new application within 15 days of dismissal and pay the 
requisite filing fee. All other applications filed in the windows that 
are dismissed may not be re-filed until the Media Bureau lifts the 
freeze on the filing of minor change applications.
    International Coordination. Applications filed by reassigned 
stations and band changing stations to implement their post-auction 
channel facilities must adhere to technical parameters included in any 
coordinated arrangements between the Commission and the Canadian and 
Mexican regulatory agencies. Applications in the U.S.-Mexico border 
zone may not require additional coordination if they do not expand the 
noise-limited contour beyond the range of post-auction technical 
parameters negotiated with Mexico. Applications in the U.S.-Canada 
border zone may not require additional coordination if they do not 
expand the noise-limited contour by more than one percent in any 
direction beyond that predicted by the technical parameters listed in 
the Closing and Reassignment Public Notice, provided that the proposed 
facilities would not cause more than 0.5 percent new station-to-station 
interference to Canadian assignments or allotments. Applications for 
alternate channels or expanded facilities beyond these limits may 
require international coordination to assess potential cross-border 
interference and the potential impact on the construction deadline 
phases.
    Transition Phases and Phase Completion Dates. In the Transition 
Scheduling Adoption Public Notice, the Media Bureau, in consultation 
with IA Task Force, WTB, and the Office of Engineering and Technology, 
has announced its plan to adopt a phased transition schedule for 
reassigned stations and band changing stations. Under the approach, 
stations will be assigned to one of ten transition phases with 
sequential testing periods and phase completion dates. The transition 
phases and phase completion dates will be announced in the Closing and 
Reassignment Public Notice. The phase completion date, which will be 
the station's construction deadline as assigned by the Media Bureau, 
will be the last day that a station may operate on its pre-auction 
channel absent the grant of an STA. Any such STA will be granted only 
in very limited circumstances and will not extend beyond the end of the 
transition period. To the extent that the Media Bureau denies a request 
for a station to continue operating on its pre-auction channel past its 
construction permit deadline, the Media Bureau noted that stations can 
explore a variety of options to assist with their post-auction 
transitions, including the use of temporary channels and interim or 
auxiliary facilities.
    Extensions of Time to Construct Post-Auction Channel Facilities and 
Tolling. Reassigned stations and band changing stations that are unable 
to complete construction of their post-auction channel facilities by 
their deadlines may seek a single extension of up to 180 days. Stations 
anticipating the need for an extension must submit an extension 
application electronically via LMS on FCC Form 2100--Schedule 337, not 
less than 90 days before their deadlines.
    An application for extension of time to construct must include an 
exhibit demonstrating that, despite all reasonable efforts, the station 
is unable to complete construction of its new facility on time due to 
circumstances that were either unforeseeable or beyond its control. To 
illustrate, the following circumstances might justify an extension of a 
station's construction deadline: (1) Weather-related delays; (2) delays 
in construction due to the unavailability of equipment or a tower crew; 
(3) tower lease disputes; (4) unusual technical challenges; or (5) 
delays caused by the need to obtain government approvals, such as land 
use or zoning approvals, or to observe competitive bidding requirements 
prior to purchasing equipment or services.
    Additionally, in limited circumstances, stations may rely on 
``financial hardship'' as a criterion for seeking an extension of time. 
Such circumstances may include a situation in which a station is 
subject to an active bankruptcy or receivership proceeding. In such a 
case, the station must show that it has filed requests to proceed with 
construction of the post-auction facility in the relevant court 
proceeding. A station requesting an extension of time based on 
financial hardship that is not in a bankruptcy or receivership 
proceeding must demonstrate that additional time is warranted due to 
rare and exceptional financial circumstances that were unforeseeable or 
beyond its control, and that it made all reasonable efforts to resolve 
those issues.
    The Media Bureau reminds stations that additional time to construct 
beyond the 180-day extended deadline may only be sought pursuant to the 
Commission's strict ``tolling'' rule. The tolling rule provides that a 
construction permit deadline may be tolled only for specific 
circumstances not under the licensee's control, such as acts of God or 
delays due to administrative or judicial review. Stations must 
electronically file tolling requests via LMS, in accordance with the 
instructions in Appendix A. Stations may also seek a waiver of the 
tolling rule to receive additional time to construct in the case where 
``rare or exceptional circumstances'' prevent construction, following 
the instructions for requesting tolling in Appendix A. Stations should 
send an electronic copy of all tolling requests and tolling waivers via 
email to: [email protected].
    The Media Bureau reminds stations that it has also announced that, 
prior to grant, it will evaluate all extension applications to 
determine whether grant will delay or disrupt the post-auction 
transition schedule.
    Absent the grant of an STA, a reassigned station or a band changing 
station must cease operating on its pre-auction channel by its 
construction permit deadline even if construction of the station's 
post-auction channel facility is not complete. Grant of an extension of 
time to construct a station's post-auction channel facility will not 
extend the time during which the licensee may operate on its pre-
auction channel.

[[Page 12598]]

    Additional Flexibility. In order to facilitate timely construction 
of new facilities and to minimize any time broadcasters may be off the 
air, reassigned stations and band changing stations may request an STA 
to operate with temporary facilities while they complete construction 
of their post-auction channel facilities. The Media Bureau clarifies 
that all requests for an STA must be filed electronically via LMS and, 
for commercial stations, will require payment of a filing fee. 
Instructions for filing via LMS are contained in Appendix A. All STAs 
for temporary facilities granted in connection with the post-auction 
transition will be for a maximum of 180 days. In addition, the Media 
Bureau reserves the right to modify or cancel an STA at any time, 
without prior notice, at its sole discretion.
    To illustrate, examples of potential temporary facilities could 
include: A station operating on its assigned post-auction channel with 
parameters at variance from its post-auction construction permit; 
operating from a temporary antenna; operating on a temporary channel, 
including for a short period of time on a channel relinquished by a 
reverse auction winner; and the temporary joint use of a channel. 
Stations also may request an STA to continue to operate on their pre-
auction channels beyond their phase completion deadlines. The Media 
Bureau will examine all such requests to determine whether they would 
serve the public interest, and will require that all temporary 
authorizations not cause impermissible interference to other broadcast 
or wireless licensees. In addition, the Media Bureau reminds stations 
that it has announced that it will evaluate all STA requests to 
determine whether grant would delay or disrupt the post-auction 
transition schedule. It will not grant an STA that would authorize a 
station to operate on its pre-auction channel beyond the end of the 39-
month transition period.
    Silent Authority and Section 312(g) of the Communications Act. The 
Media Bureau recognizes that, in order to successfully complete the 
transition to its post-auction channel, a reassigned station or band 
changing station may need to temporarily suspend operations or ``go 
silent.'' The Media Bureau reminds stations that the rules provide that 
a station may suspend operations for a period of not more than 30 days 
absent specific authority from the Commission. Stations that remain 
silent for more than 10 days must notify the Commission not later than 
the tenth day of their suspended operations by filing a Suspension of 
Operations Notification via LMS as outlined in Appendix A. Stations 
that need to remain silent for more than 30 days must file a Silent STA 
via LMS as outlined in Appendix A, and pay the requisite fee.
    The Media Bureau also reminds stations that the license of any 
station that remains silent for any consecutive 12-month period expires 
automatically at the end of that period, by operation of law, except 
that the Commission can extend or reinstate such a license ``to promote 
equity and fairness.'' A station that remains silent for any 
consecutive 12-month period may request an extension or reinstatement 
of its license and a waiver of the pertinent Commission rules by filing 
a written request with the Commission. In considering such requests, we 
will examine whether the station has demonstrated that its silence is 
the result of compelling reasons beyond the station's control, 
including facts that relate to the post-auction transition process.

Completion of Transition to Post-Auction Channel

    Discontinuation of Operations on Pre-Auction Channels--Notice to 
Viewers. Reassigned stations and band changing stations must air 
notifications alerting viewers prior to transitioning to their post-
auction channels. At a minimum, these stations must air either 60 
seconds of on-air consumer education public service announcements 
(PSAs) or 60 seconds of crawls per day for 30 days prior to termination 
of operations on their pre-auction channels. Stations will have the 
discretion to choose the timeslots for these PSAs or crawls. Transition 
PSAs and crawls must conform to the requirements set forth in the 
Commission's rules. Stations must include a certification that they 
have complied with the viewer notification requirements in their online 
public file within 30 days after beginning operation on their post-
auction channel.
    Notice to MVPDs. Before a reassigned station or band changing 
station moves to its post-auction channel, it must provide notice to 
MVPDs that currently carry the station and will continue to be 
obligated to carry the station. The required notice must be provided in 
the form of a letter notification, and must include the following 
information: (1) The date and time of any channel change; (2) the pre-
auction and post-auction channel assignments; (3) the modification, if 
any, to the antenna position, location, or power levels; and (4) the 
engineering staff's contact information. Should any of this information 
change during the station's transition, an amended notification must be 
sent to MVPDs in the same form as the original notice. For cable 
systems, the letter must be addressed to the system's official address 
of record provided in the cable system's most recent filing in the 
Cable Operations and Licensing System (``COALS'') Form 322. For all 
other MVPDs, the letter must be addressed to the official corporate 
address registered with the MVPD's state of incorporation. The 
notification must be sent not less than 90 days prior to the station's 
transition to its post-auction channel. Should a station's anticipated 
transition date change due to an unforeseen delay or change in its 
transition plan, the station must send further notices to affected 
MVPDs informing them of the new anticipated transition date. Where 
COALS includes an email address with the official address of record the 
letter may be sent electronically. Where the official corporate address 
registered with the MVPD's state of incorporation includes a form of 
electronic communication the letter may be sent electronically.
    Commencement of Operation on Post-Auction Channel. Within 10 days 
after commencement of program test authority, a licensee must submit an 
application for license on its post-auction channel. Applications for 
license must be filed electronically via LMS using FCC Form 2100--
Schedule B (full power) and Schedule F (Class A). Commercial stations 
will be required to pay the requisite filing fee. Instructions for 
filing via LMS are contained in Appendix A.

License Relinquishment Stations and Channel Sharing Stations

    Payments to Reverse Auction Winning Bidders. The Media Bureau will 
release a separate public notice informing winning bidders of the 
process for receiving auction proceeds at a later date. That public 
notice will advise winning bidders about the process for providing 
instructions to the Commission for payments, including providing 
banking information and necessary certifications. As previously stated, 
though providing a precise timetable is not feasible, the Commission 
will share auction proceeds with broadcast licensees relinquishing 
spectrum usage rights as soon as practicable following the successful 
conclusion of the incentive auction. The forthcoming public notice will 
detail the steps that a winning reverse auction licensee must take 
before auction proceeds can be disbursed once they become available. In 
particular, the public notice will detail the form that winning reverse 
auction bidders will use to submit payment information, as

[[Page 12599]]

well as processes for validating the information prior to the 
disbursement of any payments. As described in a prior public notice, a 
winning bidder may provide instructions for payments to an account 
owned by a third-party.
    As a step prior to beginning this process, a representative from an 
entity that expects to receive a payment from the FCC for a winning 
reverse auction bid must have logged in to the updated Commission 
Registration System (CORES) (https://apps.fcc.gov/cores) and set up a 
username and password. Detailed instructions on how to register for an 
FCC Username Account can be found at: https://apps.fcc.gov/cores/html/Register_New_Account.htm. For additional information, please contact 
the Updated CORES System hotline at 202-418-4120 or [email protected].

License Relinquishment Transition Process

    Discontinuation of Operations. A license relinquishment station 
must discontinue operations within 90 days after receiving its share of 
auction proceeds.'' A station needing additional time to discontinue 
operations on its pre-auction channel may submit a waiver request 
demonstrating ``good cause'' pursuant to Section 1.3 of the 
Commission's rules. The Media Bureau anticipates that requests for 
additional time beyond 90 days are unlikely to meet our waiver 
standard. No license relinquishment station will be granted a waiver 
that would extend its deadline to discontinue operations beyond the end 
of the 39-month transition period. The Media Bureau reminds stations 
that it has announced that, prior to granting a waiver request, it will 
evaluate all requests to extend the deadline to discontinue operations 
to determine whether the grant would delay or disrupt the post-auction 
transition schedule.
    A station should file such a request as soon as it becomes apparent 
that it requires additional time to terminate operations on its pre-
auction channel. A waiver request must be filed electronically via LMS 
as a request for a legal STA, include the requisite fee, provide the 
above-described waiver showing, and include a proposed discontinuation 
date. A copy of the request should also be emailed to 
[email protected]. Instructions for filing via LMS are 
contained in Appendix A.
    Suspension and Discontinuance Notices to Commission. A license 
relinquishment station must notify the Commission at least two days 
prior to discontinuation of operations on its pre-auction channel. 
Instructions for filing a Suspension of Operations Notification via LMS 
are contained in Appendix A. As soon as possible following the 
discontinuation of operations on its pre-auction channel, a license 
relinquishment station must also submit a Request to Cancel License via 
LMS, as outlined in Appendix A, which will serve as the station's 
request for cancellation of its pre-auction channel license. Both 
notifications should be emailed to: [email protected]. 
There is no fee for these two filings.
    Notice to Viewers. Prior to termination of operations, 
relinquishment stations must air notifications to alert their viewers 
that they will discontinue service. Stations that operate on a 
commercial basis will be required to air a mix of PSAs and crawls. Such 
stations must air at least one transition PSA and run at least one 
transition crawl in every quarter of every day for 30 days prior to the 
date on which the station terminates operations on its pre-auction 
channel. One of the required PSAs and one of the required crawls must 
be run during primetime hours each day. Crawls must run during 
programming for no less than 60 consecutive seconds across the bottom 
or top of the viewing area and be provided in the same language as a 
majority of the programming carried by the station. Although stations 
have the flexibility to design the text of their crawls, they must 
include the date on which the station will terminate operations on its 
pre-auction channel, and explain how viewers may obtain more 
information by telephone or online. PSAs must have a duration of at 
least 15 seconds, be provided in the same language as a majority of the 
programs carried by the station and provide, at a minimum, the same 
information as required for crawls. In addition, transition PSAs must 
be closed-captioned. Stations are encouraged to include any other 
details about their discontinuation of operations that they believe to 
be important in their notifications, and stations may air additional 
notifications that they deem beneficial to their viewers.
    Noncommercial educational (NCE) full power television license 
relinquishment stations may choose to comply with notification 
requirements either through the framework set forth in the preceding 
paragraph or by airing 60 seconds of on-air consumer education PSAs 
each day for 30 days prior to termination of operations on their pre-
auction channel. NCE stations choosing the alternate plan will have the 
discretion to choose the timeslots for these PSAs. The NCE transition 
PSAs must include the same information as noted above for commercial 
stations and must be closed-captioned.
    A license relinquishment station must include a certification of 
compliance with the notice requirements in its Suspension of Operations 
Notification.
    Notice to MVPDs. A license relinquishment station must provide 
notice to each affected MVPD that the MVPD will no longer be required 
to carry the station because it will cease operations. The required 
notice must be provided in the form of a letter and must include the 
date and time of the planned termination of operations. For cable 
systems, the letter must be addressed to the system's official address 
of record provided in the cable system's most recent filing in the 
COALS Form 322. For all other MVPDs, the letter must be addressed to 
the official corporate address registered with the MVPD's state of 
incorporation. The notification must be sent not less than 30 days 
prior to terminating operations. Should a station's anticipated 
termination date change due to an unforeseen delay or change in 
transition plan, the station must send a further notice to affected 
MVPDs informing them of the new anticipated termination date. Where 
COALS includes an email address with the official address of record the 
letter may be sent electronically. Where the official corporate address 
registered with the MVPD's state of incorporation includes a form of 
electronic communication the letter may be sent electronically.
    Channel Sharing Station Transition Process. A channel sharing 
station must implement shared channel operations, and a sharee station 
must discontinue operations on its pre-auction channel within 180 days 
after the sharee receives its share of auction proceeds.
    Application for Construction Permit. Where a sharer station remains 
on its pre-auction channel, the sharee must file an application for 
construction permit via LMS using FCC Form 2100 Schedule A (full power) 
or Schedule E (Class A) no later than 60 days prior to its deadline for 
discontinuing operations on its pre-auction channel, which, absent any 
extension, is no later than 120 days after the sharee receives its 
share of auction proceeds. The applicant must pay the requisite filing 
fee. The application must specify the same technical facilities as the 
sharer station and include an executed copy of the Channel Sharing 
Agreement (CSA). Instructions for completing this form can be found in 
Appendix A. The timing of this filing requirement is the same 
regardless of whether the parties

[[Page 12600]]

have a pre- or post-auction CSA. Therefore, a sharee that indicated in 
its FCC Form 177 application to participate in the reverse auction the 
intent to enter into a post-auction CSA must enter into a CSA and 
submit its minor change application no later than 120 days after it 
receives its share of the auction proceeds.
    In the event that the sharer station is a reassigned station or 
band changing station, then it must follow the procedures outlined for 
Reassigned Stations and Band Changing Stations to implement the move to 
its new channel, including submitting an application for construction 
permit specifying its post-auction channel facilities no later than the 
initial 90-day filing deadline for initial construction permit 
applications. If the sharer has, or is expected to, transition to its 
new channel by the deadline on which the sharee must submit its 
application for construction permit (i.e., no later than 120 days after 
it receives its share of the auction proceeds), then the sharee's 
application should specify the sharer's post-auction channel facility. 
In the event that the sharee's deadline by which it must discontinue 
operations on its pre-auction channel (i.e., no later than 180 days 
after it receives its share of the auction proceeds), is expected to 
occur before the sharer has transitioned to its new channel, however, 
the sharee should file an application for a construction permit 
specifying the sharer's pre-transition channel. Not less than 60 days 
prior to the sharer's phase construction deadline, the sharee must then 
file a minor change application for a construction permit for the 
sharer's post-auction channel. Sharee applications for construction 
permits will be considered minor changes and will be subject to filing 
fees.
    If a sharee needs additional time to submit its application for a 
construction permit, then it may request a waiver of the construction 
permit filing deadline. Waivers must be filed as a request for legal 
STA via LMS following the instructions provided in Appendix A and 
include payment of the requisite filing fee. Such waivers must provide 
a ``good cause'' showing pursuant to section 1.3 of the Commission's 
rules and, specify the date by which the sharee anticipates filing its 
construction permit application. Stations should also email a copy of 
their waiver request to: [email protected]. In order to 
provide the staff with sufficient time to process the waiver request, 
and for stations to make arrangements to meet the deadline if the 
waiver is denied, stations are urged to file no later than 30 days 
prior to the deadline for filing their application for a construction 
permit, which, absent an extension, is no later than 120 days after it 
receives its share of auction proceeds.
    Suspension of Operations Notice to Commission. Sharees must notify 
the Commission at least two days prior to discontinuation of operations 
on their pre-auction channels by filing a Suspension of Operations 
Notification via LMS as outlined Appendix A. There is no fee for this 
filing. This notification also should be emailed to 
[email protected].
    Commencement of Operation on Shared Channel. When implementation is 
complete and within 10 days of commencement of operation of the shared 
facilities on program test authority, both sharer and sharee must 
submit applications for license on FCC Form 2100--Schedule B (full 
power stations) and Schedule F (Class A stations) via LMS following the 
instructions in Appendix A. This process may need to be completed twice 
if the sharer becomes a reassigned station and the sharee decides to 
share the sharer's pre-auction channel while it is waiting for the 
sharer to complete its transition to its post-auction channel, i.e., 
once for the sharer's pre-auction channel and once for the shared post-
auction channel.
    Waiver of Deadline to Commence Shared Operations. A channel sharee 
may request an additional 90 days to discontinue operations on its pre-
auction channel and commence shared operations by requesting a waiver 
pursuant to section 1.3 of the Commission's rules. Further, channel 
sharees may request an additional 90 days (for a total of 180 
additional days) using the same procedure. Prior to grant, the Media 
Bureau will evaluate all requests for waiver of the deadline to 
commence shared operations to determine whether grant will delay or 
disrupt the post-auction transition schedule. In any event, no channel 
sharee will be granted a waiver that would extend its deadline to 
discontinue operations on its pre-auction channel beyond the end of the 
39-month transition period.
    A station should file such a request for additional time as soon as 
it becomes apparent that it requires additional time prior to 
discontinuing operations, and in no event later than 60 days prior to 
its deadline for discontinuing operations. Such requests must be filed 
electronically via LMS as a request for a legal STA, include the 
requisite fee, provide the ``good cause'' waiver showing, and include a 
proposed discontinuation date not to exceed 90 days beyond the current 
date to discontinue operations. Instructions for filing via LMS are 
contained in Appendix A. A copy of the request should also be emailed 
to: [email protected].
    Notice to Viewers. Channel sharees must air notifications alerting 
their viewers prior to transitioning to their shared channels. These 
stations must air, at a minimum, either 60 seconds of on-air consumer 
education PSAs or 60 seconds of crawls per day for 30 days prior to 
termination of operations on their pre-auction channels. Stations will 
have the discretion to choose the timeslots for these PSAs or crawls. 
Transition PSAs and crawls must conform to the requirements set forth 
in the rules. Stations must include a certification that they have 
complied with the viewer notification requirements in their online 
public file within 30 days after beginning operations on their shared 
channel. Sharer stations are only required to air viewer notifications 
if they become a reassigned station as a result of the repacking.
    Notice to MVPDs. Channel sharing stations must also provide notice 
to MVPDs that no longer will be required to carry one of the stations 
because of the sharee's relocation; currently carry and will continue 
to be obligated to carry the sharee; or will become obligated to carry 
the sharee. The required notice must be provided in the form of a 
letter and must include: (i) Date and time of any channel changes; (ii) 
pre-auction and shared channels; (iii) modification (if any) to antenna 
position, location or power levels; (iv) stream identification 
information for channel sharing stations; and (v) engineering staff 
contact information. If any of this information changes during the time 
that the sharee station is transitioning from its pre-auction to its 
shared channel, an amended notification must be sent to MVPDs in the 
same form as the original notice. For cable systems, the letter must be 
addressed to the cable system's official address of record provided in 
the cable system's most recent filing in the COALS Form 322. For all 
other MVPDs, the letter must be addressed to the official corporate 
address registered with the MVPD's state of incorporation. For sharee 
stations, the notification must be sent not less than 30 days prior to 
terminating operations on the sharee's pre-auction channel; and for all 
channel sharing stations (i.e., both the sharer and sharee(s)), not 
less than 30 days prior to initiation of operations on the sharer 
channel. Should a station's anticipated termination date change due to 
an unforeseen delay or change in

[[Page 12601]]

transition plan, the station must send a further notice to affected 
MVPDs informing them of the new anticipated termination date. Where 
COALS includes an email address with the official address of record the 
letter may be sent electronically. Where the official corporate address 
registered with the MVPD's state of incorporation includes a form of 
electronic communications, the notice may be sent electronically.

Impact on Transition

    In the Transition Scheduling Adoption Public Notice, the Media 
Bureau adopted standards it will use to evaluate the impact on the 
transition of applications filed during the first and second priority 
windows, applications for extension of time, requests for STAs, and 
requests for waivers of deadlines to discontinuation operations on pre-
auction channels (``applications/requests''). Under these standards, 
the Bureau will examine the impact that grant of an application/request 
would have on the overall transition schedule by, for example, 
evaluating whether the application/request may create new, or affect 
existing, dependencies. The Media Bureau will view favorably 
applications/requests that are otherwise compliant with our rules and 
have little or no impact on other stations' transition schedule. In 
contrast, the Media Bureau will view unfavorably any application/
request that the staff determines would be likely to delay or disrupt 
the transition, such as by causing temporary pairwise interference to 
another station above the two percent authorized in the Transition 
Scheduling Adoption Public Notice, creating additional linked-station 
sets, necessitating changes to the construction permit deadlines for 
other station(s), or likely causing a strain on limited transition 
resources required by other stations. The Media Bureau will also view 
applications/requests that would have such adverse effects more 
favorably if the requesting station demonstrates that it has the 
approval of all the stations that would be affected, or it agrees to 
take steps during the transition period to mitigate the impact of the 
proposed request--such as accepting additional levels of temporarily 
increased interference, or operating with reduced facilities at 
variance from its pre-auction licensed parameters.
    The Media Bureau will evaluate each request on a case-by-case 
basis. After evaluating applications/requests, the Media Bureau may 
modify construction deadlines to enable the grant of a request. To the 
extent that the Media Bureau denies a request for a station to continue 
operating on its pre-auction channel past its phase completion date, 
the Media Bureau noted that stations can explore a variety of options 
to assist with their post-auction transitions, including the use of 
temporary channels and interim or auxiliary facilities.

Reimbursement

    In this section, the Media Bureau outlines the post-auction 
reimbursement process for reassigned stations as well as the process by 
which stations may seek a service rule waiver in lieu of reimbursement. 
Involuntarily reassigned stations as well as MVPDs that incur costs by 
continuing to carry such reassigned stations are eligible for 
reimbursement of their ``reasonably incurred'' costs. Entities eligible 
for reimbursement will use FCC Form 2100, Schedule 399 (Reimbursement 
Form), to submit both their estimated costs and, after incurring the 
costs, actual reimbursement requests with documentation substantiating 
all such expenses incurred. In lieu of receiving reimbursement, 
reassigned stations may request a waiver of the Commission's service 
rules permitting the station to make flexible use of the post-auction 
channel spectrum to provide services other than broadcast television 
services.
    Reimbursement Cost Estimates. Reassigned stations and MVPDs that 
will incur costs by continuing to carry reassigned stations must file 
their estimated construction costs for equipment and services no later 
than 90 days after release of the Closing and Reassignment Public 
Notice. After reviewing the cost estimates submitted, the Media Bureau 
will make an initial reimbursement allocation for each reassigned 
station and MVPD that filed cost estimates. The allocated amount is the 
dollar amount that stations and MVPDs will have to draw down against as 
they incur actual expenses. To ensure timely processing, stations must 
file their cost estimates by the deadline.
    Relocation cost estimates and any required supporting documentation 
must be filed via LMS using the Reimbursement Form. Instructions for 
filing the Reimbursement Form via LMS are contained in Appendix A. 
There is no fee for this filing. When filing estimated costs, 
reassigned stations and MVPDs must identify their current operational 
equipment as well as the equipment and services they expect to purchase 
to complete the post-auction channel transition. Cost estimates for 
such equipment and services can be based either on the predetermined 
cost estimates identified in the catalog of eligible expenses 
(Catalog), which is embedded in the Reimbursement Form, or by obtaining 
price quotes from vendors. Filers must submit supporting cost estimate 
documentation (such as a price quote from a vendor) for any equipment 
or service for which there is no predetermined cost estimate in the 
Catalog, and must provide a detailed explanation if an estimate exceeds 
the amount listed for the particular equipment or service in the 
Catalog. The Reimbursement Form is dynamic; and guides users with 
prompts that indicate how and when filers must provide explanations and 
supporting documentation.
    Relocation cost estimates must be filed no earlier than the day of 
release of, and no later than 90 days after release of, the Closing and 
Reassignment Public Notice.
    The Media Bureau will release a separate public notice informing 
eligible entities of the process for receiving reimbursements at a 
later date. That public notice will advise eligible entities about the 
process for providing the Commission with banking information and 
necessary certifications. In particular, the public notice will detail 
forms that eligible entities will use to submit information regarding 
estimates of relocation costs and relocation costs actually incurred, 
as well as relevant banking information, and the processes for 
validating such information prior to any reimbursements.
    As a step prior to beginning this process, as with all entities 
doing business with the FCC, a representative from an entity that 
expects to receive a payment from the FCC--including reassigned 
stations and MVPDs that incur expenses as a result of the post-auction 
station repack--must log in to the updated Commission Registration 
System (CORES) (https://apps.fcc.gov/cores) and set up a username and 
password. Detailed instructions on how to register for an FCC Username 
Account can be found at https://apps.fcc.gov/cores/html/Register_New_Account.htm. For additional information, please contact 
the Updated CORES System hotline at: 202-418-4120; or email: 
[email protected].
    Reimbursement Claims for Actual Expenses Incurred. Once reassigned 
stations and MVPDs incur actual costs as a result of the post-auction 
channel reassignments, they must file actual reimbursement claims along 
with any required supporting invoices and other cost documentation 
using the Reimbursement Form via LMS. Entities may, and likely will, 
submit multiple reimbursement requests as they incur expenses 
throughout the reimbursement

[[Page 12602]]

period. Because reimbursement payments can be made only during the 
statutory three-year reimbursement period, the Media Bureau will 
announce a date prior to the end of the reimbursement period at which 
time all remaining expense documentation and additional estimates for 
work not yet completed must be submitted. A station or MVPD must 
provide a detailed explanation on the Reimbursement Form if an actual 
cost exceeds the estimated cost for a particular line item. 
Reimbursement claims will be reviewed to ensure that payment is made 
only for costs ``reasonably incurred'' in accordance with Section 
1452(b)(4). The Commission has determined that costs incurred during or 
before the incentive auction that would otherwise be reimbursable are 
eligible for reimbursement. Although some reassigned stations will have 
already incurred expenses that may be eligible for reimbursement by the 
time the Closing and Reassignment Public Notice is released, requests 
for reimbursement of such costs will not be processed until after the 
Media Bureau makes an initial allocation for stations and MVPDs that 
have timely filed reimbursement cost estimates during the 90-day period 
after release of the Closing and Reassignment Public Notice.
    Service Rule Waiver in Lieu of Reimbursement. In lieu of receiving 
reimbursement for relocation costs, a reassigned station may request a 
waiver of the Commission's service rules to allow the station to make 
flexible use of its reassigned spectrum to provide services other than 
broadcast television services. Such waivers are subject to all 
applicable interference protections and will only remain in effect 
while the licensee provides at least one broadcast television program 
stream on such spectrum at no charge to the public. The Commission has 
delegated authority to the Media Bureau to act on service rule waivers 
on a case-by-case basis. Waivers will be evaluated in accordance with 
the Commission's general waiver standard, and must demonstrate that the 
applicant will protect against interference and provide at least one 
broadcast television program stream at no charge to the public, as 
required by the Spectrum Act. Stations may request that a waiver be 
granted on either a temporary or a permanent basis.
    The Media Bureau will accept service rule waiver requests from 
reassigned stations otherwise eligible for reimbursement for relocation 
costs during a 30-day window commencing upon release of the Closing and 
Reassignment Public Notice. Waiver requests must be filed via LMS in 
accordance with the instructions in Appendix A, and must include the 
requisite fee. Waiver requests should also be emailed to: 
[email protected]. The Media Bureau will expeditiously 
process petitions and timely inform the petitioners of the disposition. 
A licensee must accept the terms of a waiver within 10 days of grant. 
Instructions on how to accept grant of the waiver will be provided in 
the written notification sent to the station by the Media Bureau.
    Until the Media Bureau grants a waiver request and the station 
accepts the terms of the waiver grant, a station must meet all 
requirements to obtain reimbursement (e.g., timely filing the 
Reimbursement Form). A station that is granted and accepts the terms of 
a waiver must comply with all transition filings, construction, and 
notice requirements, and deadlines, unless otherwise instructed by the 
Media Bureau.

Federal Communications Commission.
Barbara Kreisman,
Chief, Video Division, Media Bureau.
[FR Doc. 2017-04248 Filed 3-3-17; 8:45 am]
 BILLING CODE 6712-01-P