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Federal Communications Commission

FCC 11-98

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Amendment of the Schedule
)
of Application Fees Set Forth
)
GEN Docket No. 86-285
In Sections 1.1102 through 1.1109
)
of the Commission's Rules
)

SECOND ORDER

Adopted: June 17, 2011

Released: June 20, 2011

By the Commission:
1.
In the Notice of Proposed Rulemaking ("NPRM") in this proceeding, we proposed to
clarify the rules on payment of post-auction long-form filing fees by winning bidders in auctions of
construction permits in the broadcast services. We noted an inconsistency between the Broadcast
Competitive Bidding First Report and Order, in which the Commission required that winning bidders
pay filing fees with their post-auction long-form applications,1 Section 1.1104 of the Rules, the Schedule
of Charges for Media Bureau Service filings, which requires payment of a fee when the long-form
application is filed,2 and Section 1.2107(c) of the Rules, which suggests that a filing fee need not
accompany a high bidder's long-form application.3 To rectify this inconsistency and conform the Rules
to the Commission's stated intent in the Broadcast Competitive Bidding First Report and Order, we
proposed to amend Section 1.2107(c) to read, "Except as otherwise provided in Section 1.1104 of the
rules, high bidders need not submit an additional application fee with their long-form applications." By
amending Section 1.2107 (c), we clarify that high bidders must still pay any fees required by Section
1.1104 when filing their post-auction long-form application.
2. We received no comments or reply comments regarding the proposed rule change.
Therefore, we adopt the change to Section 1.2107(c) of our Rules proposed in the NPRM, and set forth in
Appendix.


1 Implementation of Section 309(j) of the Communications Act Competitive Bidding Procedures for Commercial
Broadcast and Instructional Television Fixed Television Service Licenses, MM Docket No. 97-234, First Report
and Order, 13 FCC Rcd 15920, 15984-85 164 (1998) (Broadcast Competitive Bidding First Report and Order).
2 47 C.F.R. 1.1104.
3 47 C.F.R. 1.2107(c) ("Notwithstanding any other provision in Title 47 of the Code of Federal Regulations to the
contrary, high bidders need not submit an additional application filing fee with their long-form applications."). The
Commission adopted section 1.2107(c) before the Balanced Budget Act of 1997 extended the Commission's
competitive bidding authority under Section 309(j) of the Communications Act of 1934 to mutually exclusive
applications for construction permits or licenses in broadcast services. See Balanced Budget Act of 1997, Pub. L.
No. 105-33, Title III, 111 Stat. 251 (1997).

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Federal Communications Commission

FCC 11-98

ORDERING CLAUSES

3. The rule adopted in this Second Order is a rule of agency procedure that does not
substantially affect the rights or obligations of non-agency parties, and is exempt from the requirements of
the Congressional Review Act Pursuant to 5 U.S.C. 804(3)(C).
4. IT IS FURTHER ORDERED that the rule change in this Second Order IS EFFECTIVE
the day of publication in the Federal Register.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch

Secretary
2

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Federal Communications Commission

FCC 11-98

APPENDIX

Rule Changes

Part 1 of Title 47 of the Code of Federal Regulations is amended to read as follows:

Part 1 PRACTICE AND PROCEDURE

1. The Authority citations for Part 1 continue to read as follows:
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 155, 157, 225, 303(r), and 309,
unless otherwise noted.
2.
Section 1.2107 (c) of the Commission's rules is amended to read as follows:
1.2107. Submission of down payment and filing of long-form applications.
(c) A high bidder that meets its down payment obligations in a timely manner must, within ten
(10) business days after being notified that it is a high bidder, submit an additional application (the "long-
form application") pursuant to the rules governing the service in which the applicant is the high bidder.
Except as otherwise provided in Section 1.1104, high bidders need not submit an additional application
filing fee with their long-form applications.
3

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