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lotter on DSK11XQN23PROD with RULES1

Federal Register / Vol. 86, No. 190 / Tuesday, October 5, 2021 / Rules and Regulations 2018 by the Incentive Auction Task Force and MB for eligible licensees and permittees of LPTV/translator stations displaced by Auction 1000.
4. In order to facilitate resolution of pending mutually exclusive LPTV/
translator station applications before initiating competitive bidding procedures, and given the passage of time since the applications were filed, MB announced that it would withhold action on certain MX applications for new or modified LPTV/translator stations, including each application listed in Attachment A to the Auction 111 Procedures Public Notice, from June 1, 2020 to July 31, 2020, in order to provide applicants with an opportunity to resolve mutual exclusivity through settlement or technical modification of their engineering proposals. MB advised each applicant that, absent resolution of its mutual exclusivity, its application would be subject to the Commissions competitive bidding procedures.
5. On July 9, 2021, OEA and MB
released the Auction 111 Comment Public Notice, 86 FR 37972, July 19, 2021, seeking comment on competitive bidding procedures to be used in Auction 111 to resolve the applications that remained MX after this settlement period. OEA and MB received no comments in response to the Auction 111 Comment Public Notice. In the Auction 111 Procedures Public Notice, OEA and MB resolved all open issues raised in the Auction 111 Comment Public Notice. Auction 111 will proceed pursuant to the procedures described in the Auction 111 Procedures Public Notice.
6. Other Commission rules and decisions provide the underlying authority for the procedures OEA and MB adopted for Auction 111. Among other things, prospective applicants should familiarize themselves with the Commissions general competitive bidding rules, including recent amendments and clarifications thereto, as well as Commission decisions regarding competitive bidding procedures, application requirements, and obligations of Commission licensees. Applicants should also familiarize themselves with the Commissions rules relating to the LPTV
and TV translator services, as well as Commission orders concerning competitive bidding for broadcast construction permits. Applicants must also be thoroughly familiar with the procedures, terms and conditions contained in the Auction 111
Procedures Public Notice and any future public notices that may be released in this proceeding or that relate to the construction permits being offered in
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Auction 111 or the LPTV/translator services.
7. The terms contained in the Commissions rules, relevant orders, and public notices are not negotiable.
The Commission may amend or supplement the information contained in its public notices at any time and will issue public notices to convey any new or supplemental information to applicants. Pursuant to the Commissions rules, OEA and MB also retain the authority to implement further procedures during the course of this auction. It is the responsibility of all applicants to remain current with all Commission rules and with all public notices pertaining to Auction 111.
C. Construction Permits and Parties Eligible To Participate in Auction 111
8. Attachment A to the Auction 111
Procedures Public Notice lists the pending applications for LPTV/
translator station construction permits that will be assigned through Auction 111 unless the applicants resolve their mutual exclusivity by entering into settlement agreements or making minor amendments to their pending applications before the deadline for filing an application to participate in the auction FCC Form 175, referred to as a short-form application. Only the LPTV/translator station applicants listed in Attachment A to the Auction 111
Procedures Public Notice are eligible to file a short-form application for Auction 111. An applicant listed in Attachment A to the Auction 111 Procedures Public Notice may become qualified to bid in Auction 111 only if it complies with the auction filing, qualification, and payment requirements described in the Auction 111 Procedures Public Notice, and otherwise complies with applicable rules, policies, and procedures. Each listed applicant may become a qualified bidder only for those construction permits specified for that applicant in Attachment A to the Auction 111
Procedures Public Notice. As noted in the Auction 111 Comment Public Notice, each of the engineering proposals within each MX group are directly mutually exclusive with one another; therefore, no more than one construction permit will be awarded through Auction 111 for each MX group identified in Attachment A to the Auction 111 Procedures Public Notice.
9. A copy of the Auction 111
Procedures Public Notice has been sent by email and overnight delivery to the contact address listed on each LPTV/
translator station application listed in Attachment A of the Auction 111
Procedures Public Notice. Future public notices in this proceeding may be
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provided directly to each applicant listed in Attachment A at this contact address as well. Each applicant is obligated to maintain the accuracy of this information pursuant to 47 CFR
1.65. Each party that is eligible to file a short-form application in Auction 111
should make sure that the contact address provided in its LPTV/translator station application is accurate and is a location capable of accepting packages.
After the deadline for filing short-form applications FCC Form 175 to participate in Auction 111, Auction 111related materials will be sent to auction applicants at the contact addresses in their short-form applications. These addresses should also be locations that are capable of accepting packages that require signatures.
10. Section 73.3572b of the Commissions rules prohibits the transfer or assignment of an application for a new LPTV/translator station construction permit. Any change in ownership to an applicant for a new LPTV/translator station construction permit listed in Attachment A to the Auction 111 Procedures Public Notice that has resulted in a change in control of the applicant, or a situation where the original party or parties to the application do not retain more than 50
percent ownership interest in the application as originally filed, is considered a major amendment to the application and will result in the application being considered newly filed. If the LPTV/translator station application is considered newly-filed, the applicant will not be eligible to file a short-form application for Auction 111
and its pending application will be dismissed.
11. In accordance with the Commissions rules, the LPTV/translator station applicants listed in Attachment A to the Auction 111 Procedures Public Notice may withdraw or make minor amendments to their pending LPTV/
translator station applications or enter into legal or engineering settlement agreements until 6:00 p.m. ET on November 9, 2021, the deadline for filing short-form applications in Auction 111. As mentioned in the Auction 111 Comment Public Notice, if such actions 1 are submitted prior to the short-form application filing deadline, 2 are fully in accordance with the Communications Act of 1934, as amended the Act and the Commissions rules, as determined by Commission staff, and 3 completely resolve the mutual exclusivity, then the subject MX group will be removed from Auction 111 and the remaining engineering proposals will be processed under standard licensing
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