Auction 93 (FM Broadcast) Winning Bidders
Federal Communications Commission
News Media Information 202 / 418-0500445 12th St., S.W.
Washington, D.C. 20554
TTY: 1-888-835-5322DA 12-600
April 17, 2012
AUCTION OF FM BROADCAST CONSTRUCTION PERMITS CLOSES
WINNING BIDDERS ANNOUNCED FOR AUCTION 93
Down Payments Due May 1, 2012
Final Payments Due May 15, 2012
FCC Form 301 Due May 29, 2012
INTRODUCTION1. On April 5, 2012, the Federal Communications Commission completed an auction of 119
construction permits in the FM broadcast service. This auction, which was designated Auction 93, raised
(in net bids) a total of $3,826,337.50, with 56 bidders winning a total of 93 construction permits.
AUCTION RESULTS2. This Public Notice provides detailed information concerning winning bidders, down
payments, final payments, refunds, long-form application (FCC Form 301) filing requirements, and
licensing matters. Key information appears in the following attachments:
Attachment A:“Winning Bids” lists winning bidders and both their total gross and net
winning bid amounts.
Attachment B:“Bidder Payment/Refund” lists down payments and final payments owed
by winning bidders and refunds due, if any.1
Attachment C:“Default Payment Report” contains default payments based upon
reconciliation of final results of Auction 62, Auction 70, and Auction 93.
A copy of this Public Notice will be sent via overnight delivery to each qualified bidder.
1 The amounts listed in Attachment B are based on upfront payments and net winning bids.
Down Payments3. The Commission’s rules require that within ten business days after the release of this Public
Notice, in this case by 6:00 p.m. Eastern Time (ET) on May 1, 2012, each winning bidder in Auction
93 must have on deposit with the Commission enough funds to cover the down payment on its winning
bid(s).2 Specifically, each winning bidder’s total deposit must be twenty percent of the aggregate net
amount of its winning bids. If a winning bidder’s upfront payment is not sufficient to meet this
requirement, it must deposit additional funds to meet its required down payment.3
4. The amount due from each winning bidder, if any, is set out in the “Additional Amount Due
after Upfront Payment Balance Applied Due by May 1, 2012” column of Attachment B. Note that a
payment and FCC Remittance Advice Form (FCC Form 159) are necessary only if a winning bidder’s
upfront payment does not cover the required total down payment (as reflected in Attachment B).
5. Wire transfers for down payments must be received by the Commission by 6:00 p.m. ET on
May 1, 2012. If a winning bidder fails to complete this down payment process, consistent with the
payment method described in this Public Notice, by 6:00 p.m. ET on May 1, 2012, it will be in default.4
Final Payments6. Each winning bidder will be required to submit the balance of the net amount of its winning
bid(s) as set out in the “Final Balance Due By May 15, 2012 or (Refund)” column of Attachment B.5
Each winning bidder must pay the full amount of the Final Balance Due shown in Attachment B by 6:00
p.m. ET on May 15, 2012 (or by 6:00 p.m. ET on May 30, 2012, along with the five percent late fee
required by section 1.2109(a) of the Commission’s rules).6 Full and timely payment of winning bids and
any applicable late fees must be made in accordance with section 1.2109(a) of the Commission’s rules
and must occur before action will be taken upon the winning bidder’s long-form applications (FCC Form
301).7 Specifically, construction permits will be granted only after the full and timely payment of
winning bids and any applicable late fees, in accordance with section 1.2109(a).8
7. Wire transfers of final payments must be received by the Commission by 6:00 p.m. ET on
May 15, 2012(or by 6:00 p.m. ET on May 30, 2012, along with the five percent late fee required by
section 1.2109(a) of the Commission’s rules).9 If the winning bidder fails to complete the final payment,
consistent with the payment method described in this Public Notice, by 6:00 p.m. ET on May 15, 2012
(or by 6:00 p.m. ET on May 30, 2012, along with the five percent late fee) it will be in default.10
2 47 C.F.R. § 1.2107(b).
4 See Section III. D., “Default and Disqualification Payments,” below.
5 47 C.F.R. § 1.2109(a).
10 Section III.D., “Default and Disqualification Payments,” below.
Method of Payment for Down and Final Payments8. All payments must be in U.S. dollars and made in the form of a wire transfer. No checks,
credit card payments, automated clearing house (“ACH”), or other forms of payment will be accepted.
Each payment must be accompanied by a completed FCC Form 159.11 A partially-completed copy of the
FCC Form 159 for the down payment and for the final payment will be sent to each winning bidder to
facilitate submission of the correct payments.
9. Each winning bidder is responsible for ensuring timely submission of its payment and for
timely filing accurate and complete FCC Remittance Advice Forms (FCC Form 159). Each winning
bidder should coordinate with its financial institution well ahead of the due date regarding its wire
transfer and should allow sufficient time for each wire transfer to be initiated and completed prior to the
deadline. The Commission repeatedly has cautioned auction participants about the importance of
planning ahead to prepare for unforeseen last-minute difficulties in making payments by wire transfer.12
A winning bidder should obtain confirmation from its financial institution that its wire transfer to U.S.
Bank was successful. It should also confirm with Commission staff that its payment has been received
by the Commission in the proper account by the specified deadline. Such confirmation may be obtained
by contacting Gail Glasser of the Office of Managing Director’s Auctions Accounting Group at (202)
418-0578, or Theresa Meeks at (202) 418-2945.
10. Down payments and final payments must be preceded by an accurate and complete FCC
Remittance Advice Form (FCC Form 159). At least one hour before placing the order for the wire
transfer (but on the same business day), the winning bidder must fax the completed FCC Form 159 to
U.S. Bank in St. Louis, Missouri, at (314) 418-4232. Proper completion of the FCC Form 159 is critical
to ensuring correct credit of the winning bidder’s deposits. Each winning bidder must use the same FCC
Registration Number (FRN) for the applicant that was used in its short-form application (FCC Form 175)
on the FCC Form 159.
11. To submit funds by wire transfer, the winning bidder will need the following information:
ABA Routing Number: 021030004
TREAS NYC33 Liberty Street
New York, NY 10045
OBI Field: (Skip one space between each information item) “AUCTIONPAY”
APPLICANT FRN: (same as FCC Form 159, block 21)
PAYMENT TYPE CODE: (same as FCC Form 159, block 24A: “D093”)
PAYER NAME: (same as FCC Form 159, Block 2)
LOCKBOX NO.: #979088
11 Copies of the FCC Form 159 may be obtained by calling the Commission’s Forms Distribution Center at (800)
418-3676 (outside Washington, DC) or (202) 418-3676. Copies of the FCC Form 159 can also be obtained via the
Internet (http://www.fcc.gov/formpage.html) or by calling from the handset of a fax machine the Commission’s Fax
Information System at (202) 418-0177.
12 See, e.g, Letter to Lee G. Petro [Esq.] from Margaret W. Wiener, Chief, Auctions and Spectrum Access Division,
Wireless Telecommunications Bureau, DA 10-1270, 25 FCC Rcd 9046 (2010); Letter to David G. O’Neil, Esq. from
Margaret W. Wiener, Chief, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau, DA 08-
622, 23 FCC Rcd 4765 (2008).
12. Please direct questions concerning the calculation and submission of down payments, final
payments, the FCC Form 159, and refunds to Gail Glasser at (202) 418-0578.
Default and Disqualification Payments13. The Commission imposes payment obligations on bidders that, after an auction closes,
default on payments due or are disqualified.13
14. Because Auction 93 is now closed, the Commission is in a position to calculate a final
default payment owed as a result of the default on construction permits won in Auction 62 and Auction
70. Such payments are identified in
Attachment C. Forthcoming orders will assess such payments, and
will specify due dates for the payment of any such obligations.
Bid Default/Disqualification Payments from Auction 9315. If a winning bidder defaults or is disqualified after the close of the auction (i.e., fails to remit
the required down payment by the specified deadline, fails to submit a timely long-form application, fails
to make full payment of the balance of its winning bid(s) by the specified deadline, or is otherwise
disqualified for any reason), the defaulting bidder will be subject to the payment obligations described in
section 1.2104(g)(2).14 These payment obligations include both a deficiency payment, equal to the
difference between the amount of the defaulter’s bid and the amount of the winning bid the next time a
permit or license covering the same spectrum is won in an auction, plus an additional payment equal to a
percent of the defaulter’s bid or the subsequent winning bid, whichever is less.15 The additional default
payment for Auction 93 permits was set at twenty percent of the applicable bid.16
16. If a winning bidder fails to remit the required down payment within ten business days after
the Commission has released this Public Notice, in this case by May 1, 2012, the bidder will be deemed
to have defaulted, its long-form application will be dismissed, and it will be liable for a default payment
as described above.17
17. If a winning bidder fails to pay the balance of its winning bid in a lump sum by the deadline
specified in this public notice, it will be allowed to make a late payment within ten business days after
the payment deadline, provided that it also pays a late fee equal to five percent of the amount due.18 If a
winning bidder fails to pay (a) the balance of its winning bid by the payment deadline on May 15, 2012,
or (b) the balance of its winning bid plus the late fee by the late payment deadline, on May 30, 2012, it
will be deemed to have defaulted, and it will be subject to applicable default payments.19
13 See 47 C.F.R. §§ 1.2104(g), 1.2109.
14 47 C.F.R. § 1.2104(g)(2).
15 Id. See also Auction of FM Broadcast Construction Permits Scheduled for March 27, 2012; Notice and Filing
Requirements, Minimum Opening Bids, Upfront Payments and Other Procedures for Auction 93, Public Notice, DA
11-1845, 26 FCC Rcd 15484, 15522-23 ¶¶ 159-60 (2011) (“Auction 93 Procedures Public Notice”).
17 47 C.F.R. §§ 1.2104(g)(2), 1.2109(b).
18 47 C.F.R. §§ 1.2109(a), 73.5003.
19 47 C.F.R. §§ 1.2104(g)(2), 1.2109(a), 1.2109(c).
18. The Commission will review an applicant’s long-form application only after receipt of full
and timely payment for the winning bid amount and any applicable late fees. The relevant construction
permit will be granted after determination that the long-form application meets the Commission’s
requirements for grant.20
19. A bidder that is found to have violated the antitrust laws or the Commission’s rules in
connection with its participation in the competitive bidding process may be subject, in addition to any
other applicable sanctions, to forfeiture of its upfront payment, down payment, or full bid amount, and
may be prohibited from participating in future auctions.21
Refund of Excess Payments20. Upfront monies on deposit that are in excess of an applicant’s Auction 93 obligations may be
refunded to the payer of record as identified on the FCC Form 159. To receive a refund, an applicant
must submit a refund request and provide wire transfer instructions. Each applicant can provide this
information by using the Commission’s Integrated Spectrum Auction System (“ISAS”) and clicking on
the “See Wire Transfer for Refund Purposes” link under the Post-Auction section of the My Auctions
web page by
May 1, 2012. After this date, an applicant must send a written request for refund, along
with the necessary wire transfer instructions and FRN, by fax to Gail Glasser of the Office of the
Managing Director at (202) 418-2843 (FAX). Any questions concerning refunds should be referred to
Gail Glasser at (202) 418-0578.
FCC Form 30121. Prior to midnight ET on May 29, 2012, each winning bidder must submit electronically a
properly-completed long-form application (FCC Form 301, Application for Construction Permit for
Commercial Broadcast Station), including all required exhibits, for each construction permit for which it
was the winning bidder in Auction 93.22
22. An applicant that fails to submit the required long-form application before the specified
deadline and fails to establish good cause for any late-filed submission shall be deemed to have defaulted
and shall be subject to the payments set forth in section 1.2104(g) of the Commission’s rules.23 Each
Auction 93 winning bidder must file an accurate and complete long-form application for each
construction permit for which it was the winning bidder in Auction 93. However, a winning bidder that
filed FCC Form 301 simultaneously with the Petition for Rule Making or counterproposal to allot the
channel for which it submitted the winning bid need only file an amendment to its existing FCC Form
301 application for that channel, if necessary.24 The long-form applications must be filed electronically
20 47 C.F.R. §§ 1.2109(a), 73.5003, 73.5006(d).
21 47 C.F.R. § 1.2109(d).
22 See 47 C.F.R. § 73.5005(a). In 2010, the Commission delegated authority to the Wireless Telecommunications
and Media Bureaus, on an auction-by-auction basis, to extend past thirty days the filing deadline for the submission
of post-auction long-form applications. Policies to Promote Rural Radio Service and to Streamline Allotment and
Assignment Procedures, MB Docket No. 09-52, First Report and Order and Further Notice of Proposed Rule
Making, FCC 10-24, 25 FCC Rcd 1583, 1607-08 ¶¶ 47-48 (2010).
23 See 47 C.F.R. §§ 1.2104(g), 1.2107(c), 73.5005(c).
24 See Revision of Procedures Governing Amendments To FM Table of Allotments and Changes of Community of
License in the Radio Broadcast Services, MB Docket No. 05-210, Report and Order, FCC 06-163, 21 FCC Rcd
14212, 14224 ¶ 20 (2006), recon. pending.
through the Media Bureau’s Consolidated Database System (CDBS) online electronic filing system.25
The information submitted on the FCC Form 301 application by the winning bidder may not constitute a
major change from any information specified in the winning bidder’s previously-filed FCC Form 175.26
23. For instructions and technical requirements for using the Media Bureau’s electronic filing
system, go to the electronic filing web site at http://www.fcc.gov/mb/cdbs.html. In the CDBS Electronic
Filing System section of the page, click on the CDBS Electronic Filing User’s Guide link. When filing
FCC Form 301, an applicant must select “Long Form Application for Auction 93” on the Pre-form. For
assistance with electronic filing, call the CDBS Help Desk at (202) 418-2662.
24. Commission staff will return applications not submitted in accordance with the procedures
described in this Public Notice. Applicants are encouraged to pay the FCC Form 301 application filing
fee electronically using the CDBS filing system in order to avoid processing delays.
Additional Post-Auction Filing Requirements25. When filing complete FCC Form 301 applications, each Auction 93 winning bidder must
submit the post-auction exhibits required by section 73.5005(a) of the Commission’s rules. Specifically,
section 73.5005(a)27 requires that post-auction long-form applications include the exhibits mandated by
section 1.2107(d) (providing a detailed explanation of the terms, conditions, and parties involved in any
bidding consortium, joint venture, partnership, or other agreement or arrangement the applicant had
entered into relating to the competitive bidding process);28 section 1.2110(j) (requiring an applicant
claiming bidding credit eligibility to describe how it satisfies the eligibility requirements for such bidding
credit, and to list and summarize all agreements that affect such status, such as partnership agreements,
shareholder agreements, management agreements, resale arrangements, and any other agreements,
including oral agreements, that establish that the auction applicant will have both de facto and de jure
control of the entity);29 and section 1.2112(a) (requiring that each long-form application fully disclose
ownership information and the real party or parties in interest in the applicant or application).30
26. An applicant claiming new entrant bidding credit eligibility must also provide information
establishing its eligibility in its long-form application,31 including, where relevant, the submission of a
response to the multiple ownership question on Form 301.32 Generally, media interests will be
attributable for purposes of the new entrant bidding credit to the same extent that such other media
interests are considered attributable for purposes of the broadcast multiple ownership rules. The
Commission also attributes the media interests held by substantial investors in, or creditors of, an
25 For information regarding electronic application filing, refer to “Mass Media Bureau Implements Mandatory
Electronic Filing of FCC Forms 301, 314, and 315,” Public Notice, DA 01-283, 16 FCC Rcd 3989 (MMB 2001).
26 See 47 C.F.R. §§ 73.3522, 73.3573.
27 47 C.F.R. § 73.5005(a). See also Instructions for Form 301, Application for Construction Permit for Commercial
Broadcast Station, Instructions for Section II: Legal Information, paragraph G. Item 10: Auction Authorization for
auction-related exhibit filing requirements.
28 47 C.F.R. § 1.2107(d).
29 47 C.F.R. § 73.5007(a).
30 47 C.F.R. § 1.2112(a).
31 47 C.F.R. §§ 73.3555, Note 2, 73.5007, 73.5008.
32 See Form 301, Section II – Legal, Item 4: Multiple Ownership.
applicant claiming new entrant status.33 Specifically, the attributable mass media interests held by an
individual or entity with an equity and/or debt interest in an applicant are attributed to that bidder for
purposes of determining its eligibility for the new entrant bidding credit, if the equity and debt interests,
in the aggregate, exceed 33 percent of the total asset value of the applicant, even if such an interest is
non-voting.34 However, the relaxed equity/debt plus attribution standard for “eligible entities”35 as the
basis for the new entrant bidding credit is unavailable in Auction 93.36
27. The Commission’s “red light rule” implementing the Debt Collection Improvement Act will
be enforced.37 Under the red light rule, the Commission will not process applications or other requests
for benefits filed by parties that have outstanding debts owed to the Commission.38
Maintaining Accuracy of Information28. After the auction closes, all required changes to an applicant’s information must be made by
filing or amending the applicant’s long-form application(s) (FCC Form 301). With the release of this
Public Notice, applicants are no longer required to maintain the accuracy and completeness of
information furnished on their short-form applications and exhibits.39
Application Processing, Petitions to Deny and Construction Permit Grant29. After its initial review of the long-form applications, the Media Bureau will issue public
notices listing the applications as they are accepted for filing. Pursuant to sections 1.2108(b) and
73.5006 of the Commission’s rules,40 interested parties will have ten days from release of that public
notice to file petitions to deny the application.41 The Media Bureau will use public notices generated by
CDBS to start the ten-day period for filing petitions to deny. A public notice entitled “Broadcast
Applications” will list such applications as “Accepted for Filing.” An applicant may file an opposition to
any petition to deny within five days after the filing deadline for petitions to deny its long-form
application.42 Replies must be filed within five days after the filing deadline for oppositions to a petition
33 47 C.F.R. § 73.5008(c) (attribution of mass media interests).
34 Id. See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station,
Instructions for Section II – Legal Information, paragraph B. Item 2: Parties to the Application; Equity/Debt Plus
35 In the Diversity Order, the Commission relaxed the equity/debt plus attribution standard, to allow for higher
investment opportunities in an entity meeting the definition of an “eligible entity.” Promoting Diversification of
Ownership in the Broadcasting Services, MB Docket No. 07-294, Report and Order and Third Further Notice of
Proposed Rule Making, FCC 07-217, 23 FCC Rcd 5922 (2008).
36 See Auction 93 Procedures Public Notice, 26 FCC Rcd at 15501-02 ¶ 61. See also Media Bureau Provides Notice
of Suspension of Eligible Entity Rule Changes and Guidance on the Assignment of Broadcast Station Construction
Permits to Eligible Entities, DA 11-1232, Public Notice, 26 FCC Rcd 10370 (MB 2011).
37 47 C.F.R. § 1.1910.
38 Id.; see also 47 C.F.R. § 1.2109(c) (post-auction defaults).
39 See 47 C.F.R. § 1.65.
40 47 C.F.R. §§ 1.2108(b), 73.5006(b).
41 47 C.F.R. § 73.5006.
42 47 C.F.R. § 73.5006(c).
to deny a long-form application.43 The Commission reminds all parties and their counsel that the
Commission intends to use its authority fully to deter the filing of frivolous pleadings.44
30. After the long-form application review process, if the Commission determines that additional
payment from an applicant is due, the Media Bureau will provide further instructions in a future public
notice or by demand letter. 45 If the Commission determines that an applicant is otherwise qualified, that
there are no substantial and material issues of fact, and that no additional payments are due, the
Commission will grant the construction permit.46
OTHER IMPORTANT INFORMATION
Maintaining Prohibition on Certain Communications31. To ensure the competitiveness of the auction process, the Commission’s rules prohibit
applicants for construction permits in any of the same geographic license areas from communicating with
each other about bids, bidding strategies, or settlements, unless such applicants have identified each other
on their short-form applications as parties with whom they have entered into agreements under section
1.2105(a)(2)(viii).47 As explained more fully in the Auction 93 Procedures Public Notice, this
prohibition began at the short-form application filing deadline at 6:00 p.m. ET on January 12, 2012, and
continues until the down payment deadline, which is 6:00 p.m. ET on May 1, 2012.48
32. The prohibition on certain communications applies to all applicants in Auction 93 (unless
they have identified each other on their short-form applications as parties with whom they have entered
into agreements under section 1.2105(a)(2)(viii)), regardless of whether an applicant became a qualified
bidder or actually participated in the bidding.49 This prohibition continues for all applicants until the
down payment deadline regardless of whether an applicant is a winning bidder or needs to make an
additional payment by the down payment deadline.50 Each applicant in this auction certified its
compliance with section 1.2105(c) when it filed its short-form application.51
44 See Commission Taking Tough Measures Against Frivolous Pleadings, Public Notice, FCC 96-42, 11 FCC Rcd
45 Commission staff may determine, for example, that a winning bidder is not entitled to the level of bidding credit
that it has claimed and may require an additional payment to cover the amount of any percentage discount for which
it was not eligible.
46 See 47 C.F.R. §§ 1.2108(d), 1.2109(a). See also 47 C.F.R. § 73.5006(d).
47 47 C.F.R. §§ 1.2105(a)(2)(viii), 1.2105(c)(1). See also Amendment of Part 1 of the Commission's Rules –
Competitive Bidding Procedures, WT Docket No. 97-82, Seventh Report and Order, FCC 01-270, 16 FCC Rcd
17,546 (2001); Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth
Further Notice of Proposed Rule Making, FCC 00-274, 15 FCC Rcd 15,293, 15,297-98 ¶¶ 7-8 (2000).
48 See Auction 93 Procedures Public Notice, 26 FCC Rcd at 15490 ¶ 14. See also Auction of FM Broadcast
Construction Permits, 109 Bidders Qualified to Participate in Auction 93, Public Notice, DA 12-374 (WTB/MB rel.
March 14, 2012).
49 See Auction 93 Procedures Public Notice, 26 FCC Rcd at 15488-93 ¶¶ 8-28.
50 Id., 26 FCC Rcd at 15490 ¶ 14.
51 See 47 C.F.R. § 1.2105(a)(2)(ix).
Return of SecurID® Tokens33. The SecurID® tokens distributed to qualified bidders are tailored to this auction and will not
work for future auctions. The Commission will send each bidder, along with a copy of this Public
Notice, a pre-addressed, stamped envelope to return its SecurID® tokens. Each bidder should return its
SecurID® tokens to the Commission for recycling by
May 1, 2012.
Contact Information34. For further information, contact:
Wireless Telecommunications Bureau
Media Bureau, Audio DivisionService Rules, Policies, Regulations
Lisa Scanlan (Attorney) or
Licensing Issues, Engineering Issues
Tom Nessinger (Attorney), at
Due Diligence, Incumbency Issues,
FCC Form 301 questions
Auction Payment Information
FCC Auctions Accounting BranchWire Transfers
Gail Glasser at (202) 418-0578, or
alternatively, Theresa Meeks at (202) 418-2945, or
(202) 418-2843 (fax)
Auction 93 Information
Auctions and Spectrum Access DivisionGeneral Auction Information, Process, and
Linda Sanderson, Project Manager, or
Jeff Crooks, Auction Analyst, at (202) 418-0660
Auction Rules, Policies, and Regulations
Lynne Milne, Attorney, at (202) 418-0660
Consumer and Governmental Affairs BureauBraille, large print, electronic files, or
(202) 418-0530, or (202) 418-0432 (TTY)
audio format for people with disabilities
FCC Internet Siteshttp://www.fcc.gov
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