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FCC Announces Incentive Auction-Eligible TV Facilities

June 10, 2015

In a public notice released June 9, the FCC announced each station facility eligible for protection in the repacking process and for relinquishment in the reverse auction (the eligible facilities). The FCC also requires any licensee with a station listed must file an FCC Form 2100, Schedule 381, the Pre-Auction Technical Certification Form, through which the agency will verify and certify to the accuracy of the authorization and underlying database technical information for each eligible facility by July 9, 2015.

In the Incentive Auction R&O, the FCC adopted rules and procedures for conducting the broadcast television incentive auction, including rules for determining which full-power and Class A television station facilities would be eligible for protection in the repacking process and participation in the reverse auction. The Commission also instructed the Media Bureau to issue a public notice specifying the deadline by which all full-power and Class A licensees subject to either discretionary or mandatory protection, with limited exception, must either be licensed or have an application for a license to cover the construction permit on file (FCC Form 2100, Schedules B or F/FCC Forms 302 or 302-CA) to qualify as an eligible facility. May 29, 2015, was the pre-auction licensing deadline.

While the FCC believes the stations listed in the Appendix represents a complete list of all Class A and full-power stations eligible for protection in the repacking process and relinquishment in the reverse auction, if a licensee believes the Appendix omits an eligible facility, it should file with the Commission a Petition for Eligible Entity Status by July 9, 2015. The petitioner must explain the reason it believes the facility is eligible consistent with the Incentive Auction R&O. All petitions must be addressed to the Commission's secretary, Office of the Secretary, Federal Communications Commission, and to the attention of Barbara A. Kreisman, Chief, Video Division, Media Bureau, Room 2-A666. An electronic copy should also be sent to Barbara Kreisman (Barbara.Kreisman@fcc.gov) and to Evan Morris (Evan.Morris@fcc.gov).

Pre-auction Technical Certification Form

To ensure a stable and accurate database, and to facilitate the repacking process, the Incentive Auction R&O specified that all-full power and Class A television stations verify and certify to the accuracy of the information contained in the Commission's databases with respect to their protected facilities. Licensees listed in the Appendix have until July 9, 2015, to file a Pre-Auction Technical Certification Form (FCC Form 2100, Schedule 381).

The Pre-Auction Technical Certification Form includes two questions. The first question requires licensees to certify that they have reviewed the authorization for each eligible facility listed in the Appendix and to indicate whether the underlying Database Technical Information for their eligible facility is correct. A licensee must make one of the following certifications:

A. The authorization for the eligible facility and all underlying database technical information is accurate and complete, to the best of the licensee's knowledge;

B. The authorization for the eligible facility is inaccurate because of a discrepancy between the authorization and the underlying database technical information on file with the Commission; or

C. The eligible facility has been operating with parameters at variance from those specified in its authorization and the database technical information.

The second question requires licensees to provide additional information concerning their eligible facility, including information regarding the eligible facility's transmitter, antenna, and antenna support structure. The Commission will use this information to help facilitate the repacking process.

Licensees must file a separate form for each eligible facility listed in the Appendix. If a Pre-Auction Technical Certification Form for an eligible facility is not filed by July 9, 2015, the FCC will consider the authorization in the Appendix and the underlying database technical information for that facility as of May 29, 2015 to be accurate for purposes of determining protection in the repacking process and the spectrum usage rights eligible for relinquishment in the reverse auction.

If a licensee certifies in the form that there is a discrepancy between the authorization and the database technical information on file with the Commission (e.g., the Commission has made an error and the facility authorization listed in the Appendix or database technical information is incorrect), the licensee must attach an exhibit to the form providing the correct information. The FCC will review and correct such errors as appropriate. The FCC will take such corrections into account for purposes of determining protection in the repacking process and the spectrum usage rights eligible for relinquishment in the reverse auction.

In the alternative, if a licensee certifies in the form that its eligible facility has been operating with parameters at variance from those specified in the authorization listed in the Appendix and the database technical information, the licensee must either revise its operations to reflect the licensed parameters or file an application for modification of its facility (FCC Form 2100, Schedules A or E) and seek a Special Temporary Authorization to allow it to continue to operate with parameters at variance pending grant of its modified license. However, consistent with the FCC's objective of a stable and accurate database to facilitate the repacking process, it will rely on the operating parameters as specified in the authorization listed in the Appendix and the database technical information. Modifications occasioned by a licensee's operating at variance from those parameters, even if granted and ultimately licensed, will not be taken into account for purposes of determining protection in the repacking process and the spectrum usage rights eligible for relinquishment in the reverse auction.

In the Incentive Auction R&O, the Commission directed the Office of Engineering and Technology (OET) to release a detailed summary of baseline coverage area and population served by each television station to be protected in the repacking process. The final baseline released by the OET will contain the final list of eligible stations based on corrections to eligible facilities resulting from their certification in the Pre-Auction Technical Certification Form and any granted Petitions for Eligible Entity Status or Petitions for Reconsideration of the Incentive Auction R&O.

For additional information on this public notice, contact Evan Morris (Evan.Morris@fcc.gov, 202-418-1656 (legal)); Kevin Harding (Kevin.Harding@fcc.gov, 202-418-7077 (full power technical/database)); or Hossein Hashemzadeh (Hossein.Hashemzadeh@fcc.gov, 202-418-1658 (Class A technical/database)), of the Video Division, Media Bureau.


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