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 PUBLIC  NOTICE  FEDERAL  COMMUNICATIONS  COMMISSION  445  TWELFTH  STREET,  S.  W.;  TW-  A325  WASHINGTON,  D.  C.  20554  News  Media  Information:  (202)  418-  0500  Fax-  On-  Demand:  (202)  418-  2830  Internet:  http://  www.  fcc.  gov 
 ftp.  fcc.  gov 
 DA  01-  2148 
 Released:  September  14,  2001 


 FM  Auction  No.  37  Postponed 
 Report  No.  AUC-  01-  37-  H  (Auction  No.  37) 
 By  this  Public  Notice,  the  Wireless  Telecommunications  Bureau  and  the  Mass  Media  Bureau  (collectively,  the  “Bureaus”)  hereby  announce  the  postponement  of  Auction  No.  37  for  vacant  non-  reserved 
 band  FM  allotments,  which  was  previously  scheduled  to  begin  on  December  5,  2001. 
 On  July  3,  2001,  the  United  States  Court  of  Appeals  for  the  District  of  Columbia  Circuit  in 
 National  Public  Radio,  Inc.  et  al.,  v.  FCC,  Nos.  00-  1246,  00-  1255  (decided  July  3,  2001)  (“  NPR”)  vacated  the  portion  of  the  Commission’s 
 Noncommercial  Report  and  Order,  15  FCC  Rcd  7386  (2000),  that  required  noncommercial  educational  (“  NCE”)  entities  that  applied  for  authorizations  in  the  non-reserved 


 spectrum  to  participate  in  auctions  with  mutually  exclusive  commercial  applicants.  1  Each  of  the  vacant  non-  reserved  FM  band  allotments  included  in  Auction  No.  37  is  potentially  impacted  by 
 NPR.  Accordingly,  the  Bureaus  announce  that  they  will  postpone  Auction  No.  37  while  the  Commission 


 formulates  its  response  to  the  NPR  decision.  Therefore,  the  previously  announced  filing  window  for  FCC  Form  175  submissions  is  cancelled,  and  Auction  No.  37  FCC  Form  175  applications  will  not  be  accepted 
 as  previously  scheduled.  2  Further  information,  including  a  revised  FM  Auction  No.  37  schedule,  will  be  announced  in  forthcoming  Commission  notices. 


 For  additional  information  concerning  this  proceeding,  contact  Kathy  Garland,  Auctions  and  Industry  Analysis  Division,  Wireless  Telecommunications  Bureau  at  (717)  338-  2888;  Kenneth  Burnley, 
 Legal  Branch,  Auctions  and  Industry  Analysis  Division,  Wireless  Telecommunications  Bureau  at  (202)  418-  0660;  or  Lisa  Scanlan,  Audio  Services  Division,  Mass  Media  Bureau  at  (202)  418-  2700. 


 1  Comparative  Standards  for  Noncommercial  Educational  Applicants,  MM  Docket  95-  31,  Notice  of  Proposed 
 Rulemaking,  10  FCC  Rcd  2877  (1995);  Further  Notice  of  Proposed  Rulemaking,  13  FCC  Rcd  21167  (1998); 
 Report  and  Order,  15  FCC  Rcd  7386  (2000)  (“  Noncommercial  Report  and  Order”);  Memorandum  Opinion  and 
 Order,  16  FCC  Rcd  5074  (2001).  See  also  Implementation  of  309(  j)  of  the  Communications  Act  –  Competitive 
 Bidding  for  Commercial  Broadcast  and  Instructional  Television  Fixed  Services,  MM  Docket  No.  97-  234,  GC 
 Docket  No.  92-  52  and  GEN  Docket  No.  90-  264,  Notice  of  Proposed  Rulemaking,  12  FCC  Rcd  22363  (1997),  First 
 Report  and  Order,  13  FCC  Rcd  15920  (1998),  reconsid.  denied,  14  FCC  Rcd  8724  (1999),  aff’d  Orion 
 Communications,  Ltd.  v.  FCC,  213  F.  3d  761  (D.  C.  Cir.  2000). 


 2  “Auction  for  FM  Broadcast  Construction  Permits  Postponed  until  December  5,  2001,”  Public  Notice,  DA  01-  619 
 (released  March  7,  2001). 
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