*Pages 1--2 from Microsoft Word - 60130.doc* PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION News Media Information: (202) 418- 0500 445 12th STREET, S. W. Fax- On- Demand: (202) 418- 2830 WASHINGTON, D. C. 20554 Internet: http:// www. fcc. gov DA 06- 1927 October 6, 2006 Auction No. 68 Freezes Announced for FM Minor Change Applications and Certain FM Table of Allotments Rulemaking Filings The Media Bureau announces that it will not accept FM commercial and noncommercial educational (NCE) minor change applications during the Auction No. 68 Form 175 application filing window. This window will open on November 6, 2006, and close on November 13, 2006. The Media Bureau also announces a freeze, effective immediately, on the filing of counterproposals in proceedings to amend the FM Table of Allotments where such counterproposals propose a change in channel, class, and/ or reference coordinates for any of the nine vacant non- reserved band FM allotments scheduled for Auction No. 68. 1 These allotments are listed in Attachment A of the Auction No. 68 Procedures Public Notice. 2 Any counterproposal proposing such a change to an Auction No. 68 FM allotment will be dismissed. 3 Following the close of the Form 175 application filing window the Media Bureau will not accept any counterproposals which propose a change in or do not fully protect preferred site coordinates specified in Auction No. 68 Form 175 applications. In Auction No. 68, scheduled to begin on January 10, 2007, the Media and Wireless Telecommunications Bureaus will make available through competitive bidding procedures nine vacant non- reserved band allotments in the FM broadcast service. FM minor change applications must protect the reference coordinates of each of these allotments. As part of the pre- auction procedures, an auction participant must file Form 175, Application to Participate in an FCC Auction. In conjunction with its Form 175 submission, an auction participant also may specify preferred site coordinates, and thereby gain protection for a potential transmitter site. 4 However, absent a freeze during the Form 175 filing period, an 1 On June 9, 2005, the Commission imposed a freeze on the filing of all petitions to amend the FM Table of Allotments. See Revision of Procedures Governing Amendments to FM Table of Allotments and Change of Community of License in the Radio Broadcast Services, Notice of Proposed Rule Making, 20 FCC Rcd 11169 (2005). 2 “Auction of FM Broadcast Construction Permits Scheduled for January 10, 2007; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures for Auction No. 68,” Public Notice, DA 06- 1949 (WTB/ MB rel. Oct. 6, 2006) (“ Auction No 68 Procedures Public Notice”). Bidders are also cautioned that currently pending petitions for rulemaking and open rulemaking proceedings may affect the nine FM allotments scheduled for Auction No. 68. See Auction No. 68 Procedures Public Notice, “Due Diligence,” Section I. B. 3. 3 47 C. F. R. § 1.401( e). 4 See Implementation of Section 309( j) of the Communications Act – Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, 13 FCC Rcd 15920, 15975 and n. 153 (1998) 1 existing station could file a minor change proposal that would be mutually exclusive with an auction applicant’s new station proposal at its preferred site, thereby subjecting the minor change application to auction procedures. This freeze also will include reserved band minor change applications to avoid potential conflicts between these filings and Form 175 applications. 5 For additional information, contact James Bradshaw or Rudy Bonacci at the Audio Division, Media Bureau at (202) 418- 2700. By: Chief, Media Bureau -FCC- (“ Broadcast First Report and Order”), on recon., Memorandum Opinion and Order, 14 FCC Rcd 8724 (1999), on further recon., Memorandum Opinion and Order, 14 FCC Rcd 12541 (1999). 5 Such conflicts may arise when the Commission’s minimum distance separation requirements for FM facilities are applied to proposals specifying operation on channels in the “border” between the reserved and non- reserved bands (Channels 218- 223) or on intermediate frequency (IF) channels, i. e., channels that are separated by 53 or 54 channels. See 47 C. F. R. §§ 73. 207 and 73. 507. 2