Auction 54: Closed Broadcast

General information and associated licensing parameters are provided below. Public Notices provide specific information regarding this auction. This fact sheet includes:

• Key Dates
• Construction Permits Offered
• Permissible Operations
• License Period
• Incumbents
• New Entrant Bidding Credits

Initially the inventory for this auction was seven construction permits. Due to non mutual exclusive applications, several MX groups (FM1, LP01, and LP02) were removed from the auction. (See Public Notice DA 03-2098 - Attachment C).

Auction No. 54 included construction permits for one full power television (TV), two low power television (LPTV), and four FM broadcast stations. These broadcast stations were the subject of pending, mutually exclusive FCC Form 301 or Form 346 applications for construction permits for the referenced broadcast services, for which the Commission had not approved a settlement agreement that obviated the need for an auction. Participation in this auction was limited to those applicants. All applications within a mutually exclusive applicant group ("MX Group") were directly mutually exclusive with one another, and therefore a single construction permit was auctioned for each MX Group. Applicants were eligible to bid on only those construction permits selected on their previously filed FCC Form 301 or Form 346.

A complete list of construction permits and eligible applications for Auction No. 54 is provided in Attachment A of Public Notice DA 03-1547.

FM Broadcast (FM) - A station employing frequency modulation in the FM broadcast band and licensed primarily for the transmission of radio telephone emissions intended to be received by the general public.

TV Broadcast (PST) - A station in the television broadcast band transmitting simultaneous visual and aural signals intended to be received by the general public.

LPTV and TV Translator (SST) - A station that may retransmit the programs and signals of a TV broadcast station and that may originate programming in any amount greater than 30 seconds per hour and/or operates a subscription service.

A winning bidder is awarded a construction permit, rather than a "license." A winning bidder is required, within a specified time period, to construct its facility and file an application for a "license to cover construction permits" to obtain a license for the constructed facility. (See 47 C.F.R. § 73.3598) Licenses are issued for an eight-year term.

Upon submission of its long-form application (FCC Form 301), the winning bidders for the television construction permits will have to provide interference protection to qualified Class A television stations.

Potential bidders for the television construction permits are also reminded that full service television stations are in the process of converting from analog to digital operation and that stations may have pending applications to construct and operate digital television facilities, construction permits and/or licenses for such digital facilities. Bidders should investigate the impact such applications, permits and licenses may have on their ability to operate the facilities proposed in this auction.

For more information, refer to Due Diligence in the Auction No. 54 Procedures Public Notice (DA 03-1547), released May 12, 2003.

An applicant claiming that it qualifies for a 35 percent new entrant credit must certify under penalty of perjury that neither it nor any of its attributable interest holders have any attributable interests in any other media of mass communications, as defined in 47 C.F.R. § 73.5008. Noncommercial educational broadcast stations are considered when determining eligibility for the new entrant bidding credit. With respect to those qualifying for a 25 percent credit, the applicant must provide a certification under penalty of perjury that neither it nor any of its attributable interest holders have attributable interests in more than three media of mass communications, as defined in 47 C.F.R. § 73.5008. In addition, applicants claiming a 25 percent credit shall identify and describe such media of mass communications. See 47 C.F.R. §§ 73.5007 and 73.5008.