Auction 94 Freeze Announced ofr FM Minor Change Applications
FEDERAL COMMUNICATIONS COMMISSION
News Media Information: (202) 418-0500445 12th STREET, S.W. Internet: http://www.fcc.gov
WASHINGTON, D.C. 20554
November 21, 2012
Auction 94 Freeze Announced for FM Minor Change ApplicationsThe Media Bureau announces that it will not accept FM commercial and noncommercial
educational (“NCE”) minor change applications during the Auction 94 Form 175 application filing
window. This window will open on January 28, 2013, and close on February 6, 2013.1
In Auction 94, scheduled to begin on April 23, 2013, the Media and Wireless
Telecommunications Bureaus will make available through competitive bidding procedures 112 vacant
non-reserved band allotments in the FM broadcast service. These allotments are listed in Attachment A
of the Auction 94 Procedures Public Notice.2 FM minor change applications, which can now be filed on
a first-come first-served basis, must protect the reference coordinates of each of these allotments. As part
of the pre-auction procedures, an auction participant must file Form 175, Application to Participate in an
FCC Auction. In conjunction with its Form 175 submission, an auction participant also may specify
preferred site coordinates, and thereby gain protection for a potential transmitter site.3 However, absent a
freeze during the Form 175 filing period, an existing station could file a minor change proposal that
would be mutually exclusive with an auction applicant’s new station proposal at its preferred site, thereby
subjecting the minor change application to auction procedures. This freeze also will include reserved
band minor change applications to avoid potential conflicts between these filings and Form 175
1 On September 11, 2012, the Media Bureau also announced a freeze, effective immediately, on the filing of
applications proposing to modify any of the vacant non-reserved band FM allotments scheduled for Auction 94, and
petitions and counterproposals that propose a change in channel, class, community, or reference coordinates for any
of the FM allotments scheduled for Auction 94. Any application, petition or counterproposal that either proposes
any change to, or fails to fully protect an Auction 94 FM allotment, or preferred site coordinates specified in an
applicant’s Form 175 application, will be dismissed. This freeze will automatically terminate the day after the filing
deadline for post-Auction 94 long form applications. See Auction 94 Freeze Announced for Certain FM
Applications and Rulemaking Filings, Public Notice, DA 12-1451 (MB rel. Sept. 11, 2012).
2 Auction of FM Broadcast Construction Permits Scheduled for April 23, 2013; Notice and Filing Requirements,
Minimum Opening Bids, Upfront Payments and Other Procedures for Auction 94, Public Notice, DA 12-1865
(WTB/MB rel. Nov. 21, 2012) (“Auction 94 Procedures Public Notice”). Bidders are also cautioned that currently
pending petitions for rulemaking and open rulemaking proceedings may affect the 112 FM allotments scheduled
for Auction 94. See Auction 94 Procedures Public Notice, “Due Diligence,” Section I.B.3.
3 See Implementation of Section 309(j) of the Communications Act – Competitive Bidding for Commercial
Broadcast and Instructional Television Fixed Service Licenses, 13 FCC Rcd 15920, 15975 and n.153 (1998)
(“Broadcast First Report and Order”), on recon., Memorandum Opinion and Order, 14 FCC Rcd 8724 (1999), on
further recon., Memorandum Opinion and Order, 14 FCC Rcd 14521 (1999).
applications.4 These temporary freezes are designed to avoid conflicts between the frozen filings and
auction proposals, and promote a more certain and speedy auction process.
For additional information, contact James Bradshaw or Rudy Bonacci, Audio Division, Media
Bureau at (202) 418-2700.
By: Chief, Media Bureau
4 Such conflicts may arise when the Commission’s minimum distance separation requirements for FM facilities
are applied to proposals specifying operation on channels in the “border” between the reserved and non-reserved
bands (Channels 218-223) or on intermediate frequency (IF) channels, i.e., channels that are separated by 53 or 54
channels. See 47 C.F.R. §§ 73.207 and 73.507.
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