FCC Record, Volume 27, No. 5, Pages 3728 to 4696, April 9 - April 27, 2012 Page: 4,062
ix, 3728-4696 p. ; 28 cm.View a full description of this book.
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applicant claiming new entrant status.33 Specifically, the attributable mass media interests held by an
individual or entity with an equity and/or debt interest in an applicant are attributed to that bidder for
purposes of determining its eligibility for the new entrant bidding credit, if the equity and debt interests,
in the aggregate, exceed 33 percent of the total asset value of the applicant, even if such an interest is
non-voting." However, the relaxed equity/debt plus attribution standard for "eligible entities"35 as the
basis for the new entrant bidding credit is unavailable in Auction 93.36
27. The Commission's "red light rule" implementing the Debt Collection Improvement Act will
be enforced.37 Under the red light rule, the Commission will not process applications or other requests
for benefits filed by parties that have outstanding debts owed to the Commission.38
I. Maintaining Accuracy of Information
28. After the auction closes, all required changes to an applicant's information must be made by
filing or amending the applicant's long-form application(s) (FCC Form 301). With the release of this
Public Notice, applicants are no longer required to maintain the accuracy and completeness of
information furnished on their short-form applications and exhibits.39
J. Application Processing, Petitions to Deny and Construction Permit Grant
29. After its initial review of the long-form applications, the Media Bureau will issue public
notices listing the applications as they are accepted for filing. Pursuant to sections 1.2108(b) and
73.5006 of the Commission's rules,"4 interested parties will have ten days from release of that public
notice to file petitions to deny the application.41 The Media Bureau will use public notices generated by
CDBS to start the ten-day period for filing petitions to deny. A public notice entitled "Broadcast
Applications" will list such applications as "Accepted for Filing." An applicant may file an opposition to
any petition to deny within five days after the filing deadline for petitions to deny its long-form
application.42 Replies must be filed within five days after the filing deadline for oppositions to a petition
33 47 C.F.R. 73.5008(c) (attribution of mass media interests).
34 Id. See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station,
Instructions for Section II - Legal Information, paragraph B. Item 2: Parties to the Application; Equity/Debt Plus
Attribution Standard.
35 In the Diversity Order, the Commission relaxed the equity/debt plus attribution standard, to allow for higher
investment opportunities in an entity meeting the definition of an "eligible entity." Promoting Diversification of
Ownership in the Broadcasting Services, MB Docket No. 07-294, Report and Order and Third Further Notice of
Proposed Rule Making, FCC 07-217, 23 FCC Red 5922 (2008).
36 See Auction 93 Procedures Public Notice, 26 FCC Red at 15501-02 61. See also Media Bureau Provides Notice
of Suspension of Eligible Entity Rule Changes and Guidance on the Assignment of Broadcast Station Construction
Permits to Eligible Entities, DA 11-1232, Public Notice, 26 FCC Red 10370 (MB 2011).
37 47 C.F.R. 1.1910.
38 Id.; see also 47 C.F.R. 1.2109(c) (post-auction defaults).
39 See 47 C.F.R. 1.65.
40 47 C.F.R. 1.2108(b), 73.5006(b).
41 47 C.F.R. 73.5006.
42 47 C.F.R. 73.5006(c).4062
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 5, Pages 3728 to 4696, April 9 - April 27, 2012, book, April 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc102307/m1/351/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.