Federal Communications Commission
445 12th St., S.W.
News Media Information 202 / 418-0500
Washington, D.C. 20554
February 26, 2013
MEDIA BUREAU ANNOUNCES FM TRANSLATOR
AUCTION 83 FILING WINDOW AND FILING PROCEDURES
March 28, 2013 Deadline Set for Form 349 Applications for
Non-Mutually Exclusive Tech Box Proposals Outside Spectrum Limited Markets
Report No. AUC-03-83-D
Today, the Media Bureau (Bureau) opens a window for the filing of FCC Form 349 (Form 349)
FM translator new station construction permit applications for the 713 “tech box” proposals listed in
Attachment A. This action continues the Bureau’s expedited Auction 83 licensing initiative in
accordance with the procedures adopted in the Fifth Order On Reconsideration
in the low power FM
(LPFM) proceeding.1 This window is limited to timely filed proposals which are not mutually exclusive
with any other applications submitted in the Auction 83 Filing Window2 and specify transmitter site
locations which are (1) outside all Spectrum Limited markets and (2) not within 39 km of any Spectrum
Limited market grid.3 These “singleton” applications are exempt from the Commission’s auction
1 See Creation of a Low Power Radio Service
, Fifth Order on Reconsideration and Sixth Report and Order, 27 FCC
Rcd 15402 (2012) (“Fifth Order
2 See FM Translator Auction Filing Window and Application Freeze,
DA 03-359, Public Notice,
18 FCC Rcd 1565
(MB/WTB 2003). The filing window was subsequently extended to March 17, 2003. FM Translator Auction Filing
Window and Application Freeze Extended to March 17, 2003
, Public Notice, 18 FCC Rcd 3275 (MB/WTB 2003)
(“Auction 83 Filing Window”).
3 See Creation of a Low Power Radio Service
, FCC 12-29, Fourth Report and Order and Third Order on
Reconsideration, 27 FCC Rcd 3364, 3398-3406 (2012) (“Fourth Report and Order
”) (classifying each of 156
studied markets as “Spectrum Limited” or “Spectrum Available”).
47 U.S.C. § 309(j); 47 C.F.R. § 73.5005(d); Implementation of Section 309(j) of the Communications Act --
for Commercial Broadcast and Instructional Television Fixed Service Licenses
, First Report
and Order, 13 FCC Rcd 15920 (1998), Memorandum Opinion and Order, 14 FCC Rcd 8724 (1999), Memorandum
Opinion and Order, 14 FCC Rcd 12541 (1999) (“Broadcast Auction First Report and Order
Required Form and Fees:
Each applicant listed in Attachment A must submit a complete
FCC Form 349 by March 28, 2013 (the “Application Deadline”) for each of its listed tech box
5 All applicants also must submit the required application filing fee, if applicable, and a FCC
Form 159, Remittance Advice.6
How to File:
Applicants must file complete Form 349 applications electronically
Bureau’s Consolidated Database System (CDBS) online electronic forms filing system. When filing
Form 349, applicants must select “Long Form Application for FM Translator Auction Window 83” on the
Pre-form for Form 349 (Question 2 – Application Purpose). In addition, applicants must enter the CDBS
file number previously issued to the associated Form 349 tech box proposal in the field “Eng. Proposal
File Number.” The “long form” applications and amendments filed during this window will be afforded
cut-off protection against subsequently filed applications and amendments.7 Instructions on using the
electronic filing system are available in the CDBS User’s Guide, which can be accessed from the
electronic filing web site at:
For technical assistance with electronic filing, call the Bureau CDBS Help Desk at (202) 418-2662.
An applicant may file a minor amendment to the associated tech box
proposal. This includes, but is not limited to, changes to power, height, directional pattern and channel
that are considered “minor changes.”8 The Form 349 application may not create a new conflict to any
pending Auction 83 tech box proposal. Furthermore, any Form 349 proposal which differs from the
original tech box proposal and proposes a transmitter site (1) at a location within the 39 km buffer of
ANY defined Market Grid9 and/or (2) at an out-of-grid location within a Top-50 Spectrum Limited
Market must file a preclusion showing as described in Attachment B. Such showings must comply with
the requirements delineated in Section II.B of the Fourth Report and Order
.10 Applicants must submit all
required showings as Exhibit 1 (Section 1, Question 5) of Form 349. Attachment B of this Public Notice
provides instructions for preparing the required showings. Applicants should review their showings
47 U.S.C. § 8; 47 C.F.R. §§ 0.401(b), 1.1104, 1.1109, 1.1110, 73.5005(d), 73.3512, 74.1233(d).
Schedule of Charges at 47 C.F.R. § 1.1104. Method and form of payment are addressed in 47 C.F.R.
§§ 1.1111, 1.1112. See also
the Media Services Application Fee Filing Guide and the FCC Form 349 instructions.
The general exemptions to charges are specified in 47 C.F.R. § 1.1116. Governmental entities are exempt from this
fee requirement. Also exempt are applicants for noncommercial educational FM translator facilities, as defined in
47 C.F.R. § 74.1201(c). When filing a fee-exempt application, an applicant must complete Section I, item 3 of Form
349 and provide an explanation.
7 See Broadcast Auction First Report and Order,
13 FCC Rcd at 15991.
8 47 C.F.R. § 74.1233(a).
9 All markets identified on Appendix A as “Spectrum Limited” have 30x30 minute Market Grids. All other
Appendix A Markets used a grid size of either 30x30 minutes or 20x20 minutes, as shown in the far right column of
Appendix B. The term “Market Grid” is the 30x30 or 20x20 minute grid specified in Appendices A and B for each
studied market. See Fourth Report and Order
, 27 FCC Rcd at 3398-3406.
, 27 FCC Rcd at 3376-88, ¶¶ 28-49 (implementing Section 5 of the LCRA with a market-based processing
thoroughly before submission. Amendments to showings will be permitted during the filing window,
provided that the final application amendment does not specify a “major change” from the original tech
box proposal.11 An amended preclusion showing must be complete and sufficient. The staff will review
only the last-filed preclusion showing to determine compliance with all application filing requirements.
A preclusion showing filing may not be submitted, amended, corrected, completed, or resubmitted
for further consideration after the Application Deadline. Moreover, a preclusion showing will not
be treated as a matter subject to amendment pursuant to Section 73.3522(a) of the Rules12 after the
The staff will dismiss FCC Form 349 applications not submitted in
accordance with the procedures described above. A Form 349 application that, as of the Application
Deadline, specifies a “major change”13 to the facilities specified in the Auction 83 Filing Window tech
box and/or creates a new conflict to a pending Auction 83 tech box will be dismissed.14 The staff also
will dismiss, without further processing, any tech box proposal listed in Attachment A if the applicant
fails to electronically submit a complete Form 349 application for such tech box by the Application
Deadline. The Application Deadline will be strictly enforced.15
Petition to Deny Filing Period
. The staff will study the submitted “singleton” Form 349
applications for acceptability. It will subsequently issue CDBS-generated Public Notices entitled
“Broadcast Applications” listing those applications determined to be acceptable for filing. A petition to
deny the FCC Form 349 application must be filed within 15 days following the release of the pertinent
Public Notice.16 Interested parties should monitor these CDBS Broadcast Applications Public Notices.
For additional information, contact Rob Gates or Larry Hannif-Ali of the Audio Division at (202)
This Public Notice contains the following Attachments:
Singleton Tech Box Proposals Subject to March 28, 2013 Filing Deadline
Preclusion Studies for Certain Translator Applications: The Grid Test and the Top-50
Transmitter Site Test
11 47 C.F.R. § 74.1233(a).
12 47 C.F.R. § 73.3522(a).
13 47 C.F.R. § 74.1233(a).
14 See Broadcast Auction First Report and Order,
13 FCC Rcd at 15991.
47 C.F.R. §§ 73.5005, 74.1233(d).
16 See 47
C.F.R. §§ 73.5006(b), 74.1233(d)(4).