Auction 62: FM Broadcast

Event	Date
Pre-Auction Seminar	7/27/2005
Form 175 (Short Form) Application Filing Window Opens	7/27/2005; 12:00 noon ET
Form 175 (Short Form) Application Filing Deadline	8/12/2005; 6:00 pm ET
Upfront Payments Deadline	12/2/2005; 6:00 pm ET
Mock Auction	1/9/2006
Auction Start	1/12/2006
Auction Closed	1/31/2006

Construction Permits Offered

Auction No. 62 will offer 171 construction permits in the FM Broadcast service for stations throughout the United States and the U.S. Virgin Islands. The construction permits to be auctioned include 171 new FM allotments, including 30 FM construction permits that were offered, but not sold, in Auction No. 37. These construction permits are for vacant FM allotments, reflecting FM channels assigned to the FM Table of Allotments, 47 C.F.R. § 73.202(b), pursuant to the Commission’s established rulemaking procedures, designated for use in the indicated communities.

Pursuant to the policies established in the Broadcast First Report and Order, applicants may apply for any vacant FM allotment as specified in Public Notice DA 05-1598 , Attachment A; applicants specifying the same FM allotment will be considered mutually exclusive and, thus, the construction permit for the FM allotment will be awarded by competitive bidding procedures. For all mutually exclusive construction permits, the Commission proposes an electronic simultaneous multiple round auction.

Permissible Operations

FM Broadcast—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.

License Period

A winning bidder will be awarded a construction permit, rather than a “license.” Winning bidders will then be required, within a specified time period, to construct their facilities and file an application for a “license to cover construction permit” to obtain a license for the constructed facilities (see 47 C.F.R. § 73.3598 ). Licenses will be issued for an eight-year term.

New Entrant Bidding Credit

A New Entrant Bidding Credit will be available for this auction. Eligibility and application requirements for New Entrant Bidding Credit are specified in Public Notice DA 05-1598 . Applicants that qualify for the New Entrant Bidding Credit are eligible for a bidding credit that represents the amount by which a bidder’s winning bid is discounted. The size of a New Entrant Bidding Credit depends on the number of ownership interests in other media of mass communications that are attributable to the bidder-entity and its attributable interest-holders:

A 35 percent bidding credit will be given to a winning bidder if it, and/or any individual or entity with an attributable interest in the winning bidder, has no attributable interest in any other media of mass communications;
A 25 percent bidding credit will be given to a winning bidder if it, and/or any individual or entity with an attributable interest in the winning bidder, has an attributable interest in no more than three mass media facilities;
No bidding credit will be given if any of the commonly owned mass media facilities serve the same area as the proposed broadcast station, or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, has attributable interests in more than three mass media facilities.

Bidders intending to divest a media interest or make any other ownership changes, such as resignation of positional interests, in order to avoid attribution for purposes of qualifying for the New Entrant Bidding Credit must have consummated such divestment transactions or have completed such ownership changes by no later than the short-form filing deadline (see “Key Dates”).

Licensing Rules

47 C.F.R. Parts 73

Releases P

2/9/2006
ERRATUM
Auction of FM Broadcast Construction Permits Closes; Winning Bidders Announced for Auction No. 62; Down Payments Due February 23rd, 2006
Issued an Erratum correcting Attachment B of Public Notice, DA 06-252, released 02/08/2006 by ERRATUM.
pdf - Word
See DA 06-252
Attachment B: pdf

2/8/2006
PUBLIC NOTICE (DA 06-252)
Auction of FM Broadcast Construction Permits Closes, Winning Bidders Announced for Auction No. 62
Winning bidders announced for Auction No. 62, down payments due February 23, 2006 FCC Form 301 due March 10, 2006.

12/23/2005
ERRATUM
Erratum: Auction of FM Broadcast Construction Permits, 214 Bidders Qualified to Participate in Auction No. 62
Erratum corrects the description of Attachment A and corrects Attachments A, B and C of DA 05-3204 released December 21, 2005.
pdf - Word
See Release DA 05-3204

12/21/2005
Public Notice (DA 05-3204)
Auction of FM Broadcast Construction Permits, 214 Bidders Qualified to Participate in Auction No. 62
The Media Bureau and the WTB identify 214 applicants found to be qualified to bid in the upcoming auction for 171 FM broadcast construction permits. Auction No. 62.

11/9/2005
PUBLIC NOTICE (DA 05-2892)
Auction of FM Broadcast Construction Permits, Status of FCC Form 175 Applications to Participate in Auction No. 62
Auction No. 62 Status Public Notice Concerning Applications Accepted, Incomplete and Rejected.

9/21/2005
PUBLIC NOTICE (DA 05-2478)
FM Broadcast Auction Start Date Rescheduled for January 12, 2006, New Pre-Auction Dates and Deadlines Established for Auction No. 62
Due to the aftermath of Hurricane Katrina, the upcoming auction of 171 FM broadcast construction permits ("Auction No. 62"), initially scheduled to commence on November 1, 2005 has been rescheduled to begin on January 12, 2006.

7/25/2005
PUBLIC NOTICE (DA 05-2057)
Removal of FM Broadcast Construction Permit from FM Auction No. 62

7/12/2005
PUBLIC NOTICE (DA 05-1964)
Auction of FM Broadcast Construction Permits Scheduled for November 1, 2005; Reminder: Pre-Auction Seminar July 27, 2005
Auction of FM Broadcast Construction Permits Scheduled for November 1, 2005: Auction No. 62

6/17/2005
PUBLIC NOTICE (DA 05-1598)
Auction of FM Broadcast Construction Permits Scheduled for November 1, 2005, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedures for Auction No. 62
Auction of FM Broadcast Construction Permits Scheduled for November 1, 2005, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedures for Auction No. 62

4/14/2005
PUBLIC NOTICE (DA-05-1076)
Auction of FM Broadcast Construction Permits Scheduled for November 1, 2005; Comment Sought on Reserve Prices or Minimum Opening Bids and Other Auction Procedures for Auction No. 62
The WTB and the Media Bureau ("MB") announce the auction of certain FM broadcast construction permits (Auction No. 62) to commence on November 1, 2005.

Comments Filed:
Ted Austin, Jr.: pdf
CODO Group: pdf
Stephen Cronin: pdf
Eric Funk: pdf
Hodson Broadcasting: pdf
Jeremy Itz: pdf
Marquee Broadcasting, Inc. : pdf
Minority Media and Telecommunications Council: pdf
Mullaney Engineering, Inc. : pdf
Smith Broadcasting, Inc.: pdf
Strattan Broadcasting, Inc.: pdf
Summit Media Broadcasting: pdf
Sutton Radiocasting: pdf
R. Stan Thompson: pdf
Wildcat Communications and Connoisseur Media: pdf

Reply Comments Filed:
Mullaney Engineering, Inc.: pdf
Mullaney Engineering, Inc. (Supplemental): pdf

Releases L

11/4/2022
LETTER (DA 22-1147)
Final Default Payment Obligation for Wilber Johnson
Assessed the final default payment obligation for Wilber Johnson with respect to its defaulted bids on construction permit FM027-A (Boonville, CA) in Auction 62

11/4/2022
LETTER (DA 22-1148)
Final Default Payment Obligation for Talkline Communications, Inc.
Assessed the final default payment obligation for Talkline Communications, Inc. with respect to its defaulted bids on construction permit FM241-A (Narrowsburg, NY) in Auction 62

1/29/2015
LETTER (DA 15-120)
Ace Radio Corporation, Notice of Interim Default Payment Obligation for Auction 62 Construction Permit FM 459-A (Mertzon, Texas)
Assessed interim default payment for Ace Radio Corporation with respect to its participation in Auction 62.

6/20/2012
LETTER (DA 12-966)
Interim Default Payment Obligation for Auction 62, Talkline Communications, Inc
Assessed the interim default payment obligation for Talkline Communications, Inc. with respect to its participation in Auction 62.

6/19/2012
LETTER (DA 12-964)
Final Withdrawal Payment Obligation for Auction 62, Sheila Callahan and Friends, Inc
Assessed the final bid withdrawal payment obligation for Sheila Callahan and Friends, Inc. with respect to its participation in Auction 62.

6/19/2012
LETTER (DA 12-965)
Final Default Payment Obligation for Auction 62, Kankakee Valley Broadcasting Company, Inc
Assessed the final default payment obligation for Kankakee Valley Broadcasting Company, Inc. with respect to its participation in Auction 62

3/22/2012
LETTER (DA 12-443)
Final Default Obligation for Auction 62, Mary Vargas
Assessed a final default payment obligation as computed in Attachment A for Mary Vargas.

2/12/2008
LETTER (DA 08-324)
Mary Vargas Re: Interim Default Payment Obligations for Auction 62
Assessed an interim default payment obligation.

2/12/2008
LETTER (DA 08-323)
Eric P. Reier Re: Interim Default Payment Obligation for Auction 62
Assessed an interim default payment obligation.

4/16/2007
LETTER (DA 07-1742)
Final Bid Withdrawal Payment for Auction No. 62, Wilber Johnson

4/16/2007
LETTER (DA 07-1737)
Final Bid Withdrawal Payment for Auction No. 62, Radioactive, LLC

4/16/2007
LETTER (DA 07-1739)
Final Bid Withdrawal Payments for Auction Nos. 37 and 62, Salvador G. Ceja

4/16/2007
LETTER (DA 07-1740)
Final Bid Withdrawal Payment for Auction No. 62, Tower Investment Trust, Inc

4/16/2007
LETTER (DA 07-1736)
Final Bid Withdrawal Payments for Auction Nos. 37 and 62, Steven R. Bartholomew

4/16/2007
LETTER (DA 07-1744)
Final Bid Withdrawal Payments for Auction Nos. 37 and 62, Kemp Communications, Inc

4/16/2007
LETTER (DA 07-1738)
Final Bid Withdrawal Payments for Auction Nos. 37 and 62, Visionary Related Entertainment, LLC

1/30/2007
LETTER (DA 07-358)
Letter to J. Dominic Monahan
This letter dismisses as moot the objection of Combined Communications Inc. objection to the short-form application for Auction No. 62.

11/9/2006
LETTER (DA-06-2300)
Letter to Wilber Johnson re: Notice of Interim Default Payment Obligation for Auction No. 62
Letter providing notice of interim default payment obligation

10/31/2006
LETTER (DA 06-2136)
Final Bid Withdrawal Payments for Auction No. 37, Salvador Ceja

10/31/2006
LETTER (DA 06-2131)
Final Bid Withdrawal Payments for Auction No. 37, Bigglesworth Broadcasting, LLC

10/31/2006
LETTER (DA 06-2126)
Final Bid Withdrawal Payment for Auction No. 37, Advance Acquisition, Inc.

10/31/2006
LETTER (DA 06-2127)
Final Bid Withdrawal Payment for Auction No. 37, Airen Broadcasting Company

10/31/2006
LETTER (DA 06-2130)
Final Bid Withdrawal Payment for Auction No. 37, Steven R. Bartholomew

10/31/2006
LETTER (DA 06-2137)
Final Bid Withdrawal Payment for Auction No. 37, College Creek Broadcasting, Inc.

10/31/2006
LETTER (DA 06-2139)
Final Bid Withdrawal Payment for Auction No. 37, Cumulus Licensing, LLC

10/31/2006
LETTER (DA 06-2145)
Final Bid Withdrawal Payment for Auction No. 37, Fields Pond Group

10/31/2006
LETTER (DA 06-2150)
Final Bid Withdrawal Payment for Auction No. 37, Hispanic Target Media, Inc.

10/31/2006
LETTER (DA 06-2154)
Final Bid Withdrawal Payment for Auction No. 37, Kemp Communications, Inc.

10/31/2006
LETTER (DA 06-2155)
Final Bid Withdrawal Payment for Auction No. 37, LaGrange Broadcasting Corporation

10/31/2006
LETTER (DA 06-2158)
Final Bid Withdrawal Payment for Auction No. 37, Barry P. Lunderville

10/31/2006
LETTER (DA 06-2162)
Final Bid Withdrawal Payment for Auction No. 37, Nassau Broadcasting Holdings, Inc.

10/31/2006
LETTER (DA 06-2176)
Final Bid Withdrawal Payment for Auction No. 37, Ben Tunis Company, Inc.

1/26/2006
LETTER (DA 06-157)
Letter to John Cooper, Aurora Communications, Inc.
Found an apparent violation of anti-collusion rule.

1/26/2006
LETTER (DA 06-156)
Letter to Howard A. Kalmenson, Lotus Communications Corporation
Found an apparent violation of anti-collusion rule.

1/9/2006
LETTER (DA 06-40)
Response to Daniel W. Finch, Jr., Concerning His Request That the Commission Disqualify a Bidder from Auction No. 62

12/6/2005
LETTER (DA 05-3148)
To: Vero Beach Broadcasting, LLC: Re: Request for Waiver of Short-Form Deadline for FM Broadcast Auction No. 62
The WTB responds to James K. Davis, Vice President of Vero Beach Broadcasting, LLC, waiver request to extend the deadline for submitting short-form application (FCC Form 175).

Releases O

4/10/2015
MEMORANDUM OPINION AND ORDER (FCC 15-45)
Application for Review of Order Denying Request for Waiver of Down Payment Deadline for Auction 62
Affirmed a Wireless Telecommunications Bureau and Media Bureau staff Order denying Ted W. Austin, Jr.'s request for waiver of the deadline to make a down payment for the FM station construction permit he won in Auction 62. Action by: the Commission. Adopted: 04/09/2015 by MO&O.

2/18/2010
MEMORANDUM OPINION AND ORDER (DA 10-267)
Ted W. Austin, Jr., Request for Waiver of Down Payment Deadline for Auction 62
Denied the Request for Waiver filed by Ted W. Austin, Jr., assessed an interim default payment, and dismissed his long-form application for the Baggs, Wyoming, FM permit.

6/9/2008
ORDER (DA 08-1364)
In the Matter of Lotus Communications Corporation; The Wireless Telecommunications Bureau dismissed a Petition for Reconsideration filed by Lotus Communications Corporation concerning an apparent violation of the Commission's competitive bidding anti-collusion rule

5/7/2007
MEMORANDUM OPINION AND ORDER (DA 07-2016)
Kankakee Valley Broadcasting Co., Inc.

2/27/2007
MEMORANDUM OPINION AND ORDER (DA 07-880)
Request for Waiver of Section 1.2109(b) of the Commission's Rules and Request for Discretionary Implementation of Section 1.2109(b) of the Commission's Rules
In this order the Auctions and Spectrum Access Division denies waiver requests of three unsuccessful bidders, Glory Communications, Inc., Jeremy Itz and 2510 Licenses, LLC, for award of FM station construction permits of Auction Nos. 37 & 62.

1/23/2006
ORDER (DA 06-130)
Response to Fireside Media Request for Postponement of the Upcoming FM Radio Construction Permit Auction No. 62 Scheduled to Begin on January 12, 2006

No results here for this auction.

Auction Seminar

This seminar was held on July 27, 2005. You may view the presentations below.

Presentations

Welcome and Opening Remarks
Kathryn Garland, Deputy Division Chief, Auctions & Spectrum Access Division (ASAD)
pdf - PowerPoint

Pre-Auction Process
Linda Sanderson, Auctions Marketing Specialist, ASAD
pdf - PowerPoint

Overview of FM Broadcast and Due Diligence
Thomas Nessinger, Attorney Advisor, Audio Division

Legal, Technical, Auction Rules and Payment Procedures

Electronic Filing of Form 175

Lisa Stover, Auctions Marketing Specialist, ASAD

pdf - PowerPoint

Wire Transfer and Payment Process

Gail Glasser, Financial Management Specialist, Auctions Accounting Group

pdf - PowerPoint

Auction Bidding Procedures

Overview of Auction Process & FCC Integrated Spectrum Auction System

Craig Bomberger, Associate Chief, ASAD

pdf - PowerPoint

Post-Auction Process

Payment and Filing Requirements

Linda Sanderson, Auctions Marketing Specialist, ASAD

pdf - PowerPoint

Auction 62: FM Broadcast

Summary

Fact Sheet

Auction Seminar

Education