Federal Communications Commission DA 22-659 DA 22-659 Released: June 23, 2022 AUCTION OF CONSTRUCTION PERMITS FOR FULL POWER TELEVISION STATIONS CLOSES WINNING BIDDERS ANNOUNCED FOR AUCTION 112 Down Payments Due July 8, 2022 Final Payments Due July 22, 2022 Long-Form Applications Due July 25, 2022 AU Docket No. 21-449 I. INTRODUCTION 1. On June 15, 2022, bidding concluded in the Commission’s auction of construction permits for full power television stations. This auction, which was designated Auction 112, raised a total of $33,043,250 in net bids, with seven bidders winning a total of 18 construction permits. 2. By this Public Notice, the Office of Economics and Analytics (OEA) and the Media Bureau (MB) announce the results of Auction 112. This Public Notice provides detailed information concerning winning bidders, down payments, final payments, refunds, long-form application (FCC Form 2100, Schedule A) filing requirements, and other post-auction procedures. Commission staff will send to each Auction 112 qualified bidder a package that includes a copy of this Public Notice. This package will be sent by overnight delivery via UPS only to the contact person at the contact person’s address identified in the qualified bidder’s short-form application (FCC Form 175). This package will require a signature to confirm receipt. The person signing for the package does not need to be the contact person identified in the qualified bidder’s short-form application. II. AUCTION 112 RESULTS AND PAYMENTS 3. This Public Notice provides auction result summaries and related payment information in Attachments A and B. Attachment A summarizes auction results for each bidder. Attachment B lists, for each bidder, information about the bidder’s upfront payment and post-auction payments or refund, as applicable. Concurrent with the release of this Public Notice, the Commission makes available in the Public Reporting System (PRS) detailed bidding data from Auction 112. The PRS can be accessed directly at auctiondata.fcc.gov or from a link in the “Results” section of the Auction 112 website (www.fcc.gov/auction/112). A. Winning Bids 4. The Winning Bids attachment, Attachment A to this Public Notice, lists the auction results for each permit with a winning bid. Specifically, for each construction permit, Attachment A provides the following information: · Permit · Permit Description · Round Number of Winning Bid · Bidder Name · FRN (bidder’s FCC Registration Number) · Winning Bid Amount · Net Winning Bid Amount B. Bidder Payments and Refunds 5. The Bidder Payment/Refund attachment, Attachment B to this Public Notice, summarizes each qualified bidder’s upfront payment and post-auction payments or refund, as applicable. For each bidder, Attachment B provides the following information: · Bidder Name · FRN (bidder’s FCC Registration Number) · Total Winning Bid Net Amount · Upfront Payment Amount · Down Payment Amount (20% of Net Winning Bids) · Additional Amount Due by July 8, 2022 · Final Payment Amount (80% of Net Winning Bids) · Final Balance Due by July 22, 2022 or (Refund) (the Total Net Winning Bid Amount, minus the Upfront Payment Amount and any Additional Amount Due for Down Payment) For a non-winning bidder, this Final Balance Due amount, which is equal to its Upfront Payment Amount, is shown in parentheses and is available for refund. For a winning bidder, this amount may equal the Final Payment Amount. However, if the Upfront Payment Amount exceeds the Down Payment Amount, any excess will reduce the Final Balance Due. C. Default and Disqualification Payments 6. The Commission imposes payment obligations on bidders that, after an auction closes, default on payments due or are disqualified. See 47 CFR §§ 1.2104(g), 1.2109. III. POST-AUCTION DEADLINES AND PROCEDURES A. Down Payments – Due By 6:00 p.m. Eastern Time on July 8, 2022 7. The Commission’s rules require that within 10 business days after the release of this Public Notice, in this case by 6:00 p.m. Eastern Time (ET) on July 8, 2022, each winning bidder in Auction 112 must have on deposit with the Commission enough funds to cover the down payment on its winning bid(s). 47 CFR § 1.2107(b); see Auction of Construction Permits for Full Power Television Stations Scheduled for June 7, 2022; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Procedures for Auction 112, AU Docket No. 21-449, Public Notice, DA 22-125, at 45, para. 171 (OEA/MB 2022) (Auction 112 Procedures Public Notice). Specifically, each winning bidder’s total amount on deposit must be 20% of the aggregate net amount of its winning bid(s). Each winning bidder whose upfront payment is not sufficient to meet this requirement must deposit additional funds to meet its required down payment. 47 CFR § 1.2107(b). 8. All down payments must be made by wire transfer as instructed in this Public Notice. See Section III.C, “Payment Instructions for Down Payments and Final Payments,” below. Wire transfers for down payments must be received in the Commission’s account at the U.S. Treasury by 6:00 p.m. ET on July 8, 2022. The down payment amount due from each winning bidder, if any, is set out in the “Additional Amount Due by July 8, 2022” column of Attachment B. Note that an additional payment toward the down payment due is necessary only if a winning bidder’s upfront payment does not cover the required total down payment (as reflected in Attachment B). 9. A winning bidder that fails to complete this down payment process consistent with the payment method described in this Public Notice by 6:00 p.m. ET on July 8, 2022, will be in default. See Section III.D, “Default and Disqualification Payments,” below. B. Final Payments – Due By 6:00 p.m. Eastern Time on July 22, 2022 10. Each winning bidder in Auction 112 must submit the balance of the net amount of its winning bid(s), as set out in the “Final Balance Due By July 22, 2022 or (Refund)” column of Attachment B. 47 CFR § 1.2109(a). To avoid a late fee or default, this payment must be made by wire transfer as instructed in this Public Notice and must be received in the Commission’s account at the U.S. Treasury before 6:00 p.m. ET on July 22, 2022. To avoid default, a late payment after this deadline must be made by wire transfer as instructed in this Public Notice and must be received in the Commission’s account at the U.S. Treasury before 6:00 p.m. ET on August 5, 2022, along with the 5% late fee required by section 1.2109(a) of the Commission’s rules. Id. Note that an additional payment toward the final balance due is necessary only if a winning bidder’s upfront payment does not cover the required total down and final payment (as reflected in Attachment B). 11. A winning bidder that fails to complete this down payment process consistent with the payment method described in this Public Notice by 6:00 p.m. ET on July 22, 2022 (or by 6:00 p.m. ET on August 5, 2022, along with the 5% late fee) will be in default. See Section III.D, “Default and Disqualification Payments,” below. C. Payment Instructions for Down Payments and Final Payments 12. All down payments and final payments must be made by wire transfer to the Commission’s account at the U.S. Treasury, in accordance with the instructions in this Public Notice, by the applicable deadline. A winning bidder must initiate the wire transfer through its bank, authorizing the bank to wire funds from the winning bidder’s account to the Commission’s account at the U.S. Treasury. Winning bidders should pay close attention to the payment instructions set forth in this Public Notice, as they differ from the payment instructions provided in past auctions and from upfront payment procedures in this auction. If a winning bidder has any questions about making a down payment or final payment, the winning bidder should contact Scott Radcliffe of the Office of the Managing Director’s Revenue & Receivables Operations Group/Auctions at (202) 418-7518, Scott.Radcliffe@fcc.gov, or Theresa Meeks at (202) 418-2945, Theresa.Meeks@fcc.gov, well in advance of the applicable deadlines. 13. All payments must be in U.S. dollars and made in the form of a wire transfer. No checks, credit card payments, automated clearing house (ACH), or other forms of payment will be accepted. 14. Each winning bidder is responsible for ensuring timely submission of all required payments. To avoid untimely payments, each winning bidder should discuss arrangements (including bank closing schedules, bank wire transfer schedules, and other bank wire transfer requirements, such as an in-person written request before a specified time of day) with its financial institution several days before it plans to make the wire transfer and should allow sufficient time for each wire transfer to be initiated and completed prior to the deadline. The Commission repeatedly has cautioned auction participants about the importance of planning ahead to prepare for unforeseen last-minute difficulties in making payments by wire transfer. See, e.g., Four Corners Broadcasting, LLC, Letter Order, 25 FCC Rcd 9046 (WTB 2010); Spectrum Acquisitions, Inc., Letter Order, 23 FCC Rcd 4765 (WTB 2008); Lynch 3G Communications Corp., Letter Order, 18 FCC Rcd 11552 (WTB 2003). 15. Each winning bidder should direct its financial institution(s) to monitor carefully its wire transfer(s) to assure timely deposit in the correct account. As a regulatory requirement, the U.S. Treasury screens all payment from all financial institutions before deposits are made available to specified accounts. If wire transfers are suspended, the U.S. Treasury may direct questions regarding any transfer to the financial institution initiating the wire. Each winning bidder must make arrangements in advance to assure that any questions to its financial institution(s) are addressed promptly. 16. Each winning bidder is responsible for obtaining confirmation from its financial institution that its wire transfer to the U.S. Treasury was successful and from Commission staff that each payment was timely received and deposited into the proper account. To receive confirmation from Commission staff regarding receipt and deposit of wire transfers, a winning bidder may contact Scott Radcliffe at (202) 418-7518, Scott.Radcliffe@fcc.gov, or Theresa Meeks at (202) 418-2945, Theresa.Meeks@fcc.gov. 17. Each payer must include specified information in its wire transfer instructions provided to its bank, as described below. The Commission no longer requires payers to submit a completed FCC Remittance Advice Form (Form 159) with down payments or final payments. FCC Form 159 now is used in Commission auctions for upfront payments only. The Commission will credit any such payments based on the information accompanying the wire transfer. To submit funds by wire transfer, the winning bidder must include the following information in its wire transfer instructions: ABA Routing Number: 021030004 Receiving Bank: TREAS NYC 33 Liberty Street New York, NY 10045 ACCOUNT NAME: FCC 45 L Street, NE, 3rd Floor Washington, DC 20554 ACCOUNT NUMBER: 27000001 Originating Bank Information (OBI Field): (Skip one space between each information item) “AUCTIONPAY” APPLICANT FCC REGISTRATION NUMBER (FRN): (use the same FRN as used on the FCC Form 175) PAYMENT TYPE CODE: (“D112”) PAYER NAME CONTACT NAME AND PHONE NUMBER OR EMAIL ADDRESS 18. Please direct questions concerning the calculation and submission of down payments, final payments, or refunds to the Scott Radcliffe at (202) 418-7518, Scott.Radcliffe@fcc.gov, or Theresa Meeks at (202) 418-2945, Theresa.Meeks@fcc.gov. Auctions Accounting Branch staff may also be reached through the FCC Auctions Hotline at (717) 338-2868. D. Default and Disqualification Payments for Auction 112 19. If a winning bidder defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment by the specified deadline, fails to submit a timely long-form application, fails to make full payment of the balance of its winning bid(s) by the specified deadline, or is otherwise disqualified for any reason), the defaulting bidder will be subject to the payment obligations described in section 1.2104(g)(2) of the Commission’s rules. Id. These payment obligations include both a deficiency payment and an additional payment amount. The deficiency payment component applies only in the event that the subsequent winning bid the next time the permit is won in an auction is less than the defaulted bid. The deficiency payment is equal to the difference between the amount of the defaulter’s bid and the amount of the subsequent winning bid. 47 CFR § 1.2104(g)(2)(i). The additional payment is owed by each defaulting bidder and is equal to a percentage of the defaulter’s bid or the subsequent winning bid, whichever is less. Id. The additional default payment for Auction 112 permits was set at 20% of the applicable bid. Auction 112 Procedures Public Notice at 45-46, paras. 173-174; see also 47 CFR § 1.2104(g)(2)(ii). 20. If a winning bidder fails to remit the required down payment by the July 8, 2022, deadline specified in this Public Notice, the bidder will be deemed to have defaulted, its long-form application will be dismissed, and it will be liable for a default payment as described above. 47 CFR § 1.2109(c); see also 47 CFR § 1.2104(g)(2). 21. If a winning bidder fails to pay the balance of its winning bid in a lump sum by the July 22, 2022, deadline specified in this Public Notice, then it will be allowed to make a late payment within 10 business days after the payment deadline, provided that it also pays a late fee equal to 5% of the amount due. Id. §§ 1.2109(a), 73.5003. If a winning bidder fails to pay (a) the balance of its winning bid by the payment deadline on July 22, 2022, or (b) the balance of its winning bid plus the late fee by the late payment deadline on August 5, 2022, then it will be in default, and it will be subject to applicable default payments. Id. §§ 1.2104(g)(2), 1.2109(a), 1.2109(c). 22. The Commission will review an applicant’s long-form application only after receipt of full and timely payment for the winning bid amount and any applicable late fees. The relevant construction permit will be granted only after full and timely payment of the winning bid amount (and any applicable late fees) and a determination that the long-form application meets the Commission’s requirements for grant. Id. §§ 1.2109(a), 73.5003, 73.5006(d). 23. A bidder that is found to have violated the antitrust laws or the Commission’s rules in connection with its participation in the competitive bidding process may be subject, in addition to any other applicable sanctions, to forfeiture of its upfront payment, down payment, or full bid amount, and may be prohibited from participating in future auctions. Id. § 1.2109(d). E. Refund of Excess Payments 24. Upfront payment monies on deposit that are in excess of an applicant’s Auction 112 obligations may be refunded to the payer of record as identified on the FCC Form 159 submitted with the applicant’s upfront payment, unless that payer submits written authorization providing alternative payee instructions. 25. To receive a refund, the payer of record, as identified on the FCC Form 159 submitted for a particular applicant’s upfront payment in Auction 112, an applicant must submit a written refund request with the information indicated in the next paragraph. Each applicant can provide this information by using the FCC auction application system to file its refund information electronically, using the Refund Form link found on the My Auctions page. After the required information is completed on the blank form, the form should be printed, signed, and submitted to the Commission by fax or email as instructed below. 26. If you have elected not to access the Refund Form through the My Auctions page, the Commission requests that all information listed below be supplied in writing: Name, address, contact and phone number of Bank Automated Clearing House (ACH) ABA Number (Please verify this number with your Bank) Account Number to Credit Name of Account Holder FCC Registration Number (FRN) 27. The refund request must be submitted by fax to the Revenue & Receivables Operations Group/Auctions at (202) 418-2843, by email to RROGWireFaxes@fcc.gov. 28. An applicant seeking a refund should verify that the taxpayer identification number (TIN) associated with its FCC Registration Number (FRN) is correct by visiting the FRN website at https://apps.fcc.gov/cores to update its records before submitting a refund request. A refund request related to an FRN with no TIN on file cannot be processed until a TIN is provided in CORES. 29. Refund processing generally takes up to two weeks to complete. Any questions concerning refunds should be directed to the Scott Radcliffe at (202) 418-7518, Scott.Radcliffe@fcc.gov, or Theresa Meeks at (202) 418-2945, Theresa.Meeks@fcc.gov. Auctions Accounting Branch staff may also be reached through the FCC Auctions Hotline at (717) 338-2868. F. Long-Form Application – Due By 11:59 p.m. ET on July 25, 2022 30. Each winning bidder must submit electronically a separate, properly completed long-form application, including each required exhibit, for each permit for which it was the winning bidder in Auction 112, along with the applicable application filing fee, no later than 11:59 p.m. ET on July 25, 2022. See 47 CFR § 73.5005(a) (deadline for the submission of post-auction long-form applications). A winning bidder in Auction 112 is required to submit an application filing fee with each long-form application. 47 CFR § 1.1104. The application filing fee must be paid in addition to the winning bid amount. Currently, the filing fee for an application for a full power television construction permit is $4,835.00. Id.; see also Application Fee Filing Guide for Media Bureau, at 8 (OMD July 15, 2021), https://www.fcc.gov/document/media-bureau-application-fee-filing-guide-2. 31. Each winning bidder must electronically file FCC Form 2100, Schedule A in the Media Bureau’s Licensing and Management System (LMS). In accordance with the Commission’s rules, electronic filing of FCC Form 2100, Schedule A must be accompanied by the appropriate application filing fee. Implementation of Section 309(j) of the Communications Act – Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, 13 FCC Rcd 15920, 15984-85, para. 164 (1998) (Broadcast Competitive Bidding Order); see also 47 CFR §§ 1.1104, 1.2107(c). The winning bidder’s long-form application may only propose technical facilities that are either identical to or are considered minor changes with respect to each permit for which it was the winning bidder. See 47 CFR §§ 1.2107(c), 73.3573(a)(1)-(a)(2), 73.3573(f)(5)(iii), 73.5005(b). If information submitted on the FCC Form 2100, Schedule A application by the winning bidder indicates that the applicant has effected a major change relative to information reported on the applicant’s short-form application (FCC Form 175), then the long-form application will be dismissed and the applicant will be in default. See 47 CFR §§ 1.2109(c), 73.3522(a)(3), 73.3573(f)(5)(iii). 32. For instructions and technical requirements for filing FCC Form 2100, Schedule A in LMS, go to the LMS login page at https://enterpriseefiling.fcc.gov/dataentry/login.html. Click on the “LMS Help Center” link on the LMS login page. In the Help Center there are several links to information and guidance for electronic filing of applications. Pay particular attention to the “Before You Start LMS Electronic Filing . . .” and “Logging in to LMS” sections. Instructions for filling out the sections of FCC Form 2100, Schedule A can be found at https://docs.fcc.gov/public/attachments/DOC-332131A1.pdf. The preceding link can be accessed from the LMS Help Center. When filing FCC Form 2100, Schedule A, an applicant must select “NEW DTV Construction Permit Application (Schedule A)” from the pull-down menu under the blue “File an Application” button at the top of the LMS landing page (the page to which you are taken after logging in to LMS). The “NEW DTV Construction Permit Application” will only be available to a winning bidder logging in to LMS using the FRN associated with it in Auction 112. This will take you to the first section of Schedule A – General Information. After completing that section, click the “Save and Continue” button to go to the next section. Every section must be completed without errors (indicated by a green check mark on the Application Sections listing to the right of the form) before the form can be certified and submitted. Winning bidders who have questions regarding basic filing requirements or who need assistance logging into LMS should contact the LMS Help Desk at (877) 480-3201 (Option 2), Monday through Friday, 8:00 a.m. to 6:00 p.m. ET. 33. Commission staff will return applications not submitted in accordance with the procedures described in this Public Notice. In order to avoid processing delays, applicants are encouraged to pay the long-form application filing fee electronically using the relevant filing system. 34. A winning bidder that fails to submit the required long-form application, along with the applicable application filing fee, before the specified deadline, and fails to establish good cause for any late-filed submission, shall be deemed to have defaulted and shall be subject to the payments set forth in section 1.2104(g) of the Commission’s rules. See 47 CFR §§ 1.1104, 1.2104(g), 1.2107(c), 73.5005(c). G. Additional Post-Auction Filing Requirements 35. To file a complete long-form application, each Auction 112 winning bidder must submit the post-auction exhibits required by section 73.5005(a) of the Commission’s rules. 47 CFR § 73.5005(a); see also Instructions — Form 2100, Schedule A, Commercial TV Station Construction Permit Application (Form 2100 Schedule A Instructions), Instructions for Auction Authorization section, for auction-related exhibit filing requirements. Section 73.5005(a) requires that post-auction long-form applications include the exhibits mandated by section 1.2107(d) (providing a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement the applicant had entered into relating to the competitive bidding process), 47 CFR § 1.2107(d). and section 1.2112(a) (requiring that each long-form application fully disclose ownership information and the real party or parties in interest in the applicant or application). Id. § 1.2112(a). 36. A winning bidder claiming new entrant bidding credit eligibility also must provide in its long-form application the information establishing its eligibility, 47 CFR §§ 1.2107(d), 73.3555 & Note 2, 73.5007, 73.5008. including, where relevant, the submission of a response to the multiple ownership question on its long-form application. See Form 2100, Schedule A, Attributable Interest - Multiple Ownership section. Generally, media interests will be attributable for purposes of the new entrant bidding credit to the same extent that such other media interests are considered attributable for purposes of the broadcast multiple ownership rules. The Commission also attributes the media interests held by substantial investors in, or creditors of, an applicant claiming new entrant status. 47 CFR § 73.5008(c) (attribution of mass media interests). 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% of the total asset value of the applicant, even if such an interest is non-voting. Id; see also Instructions for Form 2100 Schedule A Instructions, Parties to the Application – Equity/Debt Plus Attribution Standard section. We also remind winning bidders that each Auction 112 applicant that requested a new entrant bidding credit was required to specify in its FCC Form 175 whether the applicant is using the relaxed equity/debt plus attribution standard for “eligible entities” In 2008, the Commission relaxed the equity/debt plus attribution standard to allow for higher investment opportunities for 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, 23 FCC Rcd 5922 (2008). to qualify for the new entrant bidding credit in Auction 112. 37. The Commission’s “red light rule” that implements the Debt Collection Improvement Act will be enforced. 47 CFR § 1.1910. Under the red light rule, the Media Bureau will not process applications or other requests for benefits filed by parties that have outstanding debts owed to the Commission. Id.; see also id. § 1.2109(c) (post-auction defaults). H. Maintaining Accuracy of Information 38. Now that Auction 112 has closed, all required changes to an applicant’s information must be made by filing or amending the applicant’s long-form application(s) (FCC Form 2100, Schedule A). With the release of this Public Notice, an Auction 112 applicant is no longer required to maintain the accuracy and completeness of information furnished on its Auction 112 short-form application (FCC Form 175) and exhibits. See id. § 1.65. I. Application Processing, Petitions to Deny, and Construction Permit Grant 39. 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 section 73.5006 of the Commission’s rules, Id. § 73.5006(b). interested parties will have 10 days from release of that public notice to file any petitions to deny the applications. Id. § 73.5006. The Media Bureau will use public notices generated by LMS to start the 10-day period for filing petitions to deny. A public notice entitled “Applications” in LMS 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. Id. § 73.5006(c). Replies must be filed within five days after the filing deadline for oppositions to a petition to deny a long-form application. Id. The Commission reminds all parties and their counsel that the Commission intends to use its authority fully to deter the filing of frivolous pleadings. See Commission Taking Tough Measures Against Frivolous Pleadings, Public Notice, 11 FCC Rcd 3030 (1996). 40. After the long-form application review process, if the Commission determines that additional payment from an applicant is due, the Media Bureau will provide further instructions in a future public notice or by demand letter. For example, in an auction where a winning bidder has claimed eligibility for the new entrant bidding credit, Commission staff may determine that a winning bidder is not entitled to the level of bidding credit that it has claimed and may require an additional payment to cover the amount of any percentage discount for which it was not eligible (a payment as necessary to account for the difference between claimed and actual bidding credit eligibility). See 47 CFR § 73.5007(a). If the Commission determines that an applicant is otherwise qualified, that there are no substantial and material issues of fact regarding the applicant’s qualifications to be a Commission licensee, and that no additional payments are due, the Commission will grant the construction permit. See 47 CFR §§ 1.2108(d), 1.2109(a); see also 47 CFR § 73.5006(d). Although we expect applicants to provide complete and accurate information in all filings with the Commission, under our liberal amendment policy we will permit winning bidders to file minor amendments to their long-form applications including, as necessary, minor amendments to resolve site availability issues. See 47 CFR 73.3522(a); see also Broadcast Competitive Bidding Order, 13 FCC Rcd at 15986-89, paras. 167-76; Entravision Holdings, LLC., Letter Order, 27 FCC Rcd 15190, 15193 (MB 2012); Robert D. Yates, Jr., Letter Order, 28 FCC Rcd 6269, 6271 (MB 2013). IV. OTHER IMPORTANT INFORMATION A. Continuing Prohibition on Certain Communications 41. We remind applicants that the rules prohibiting certain communications set forth in section 1.2105(c)(1) of the Commission’s rules apply to each applicant that filed a short-form application (FCC Form 175) in Auction 112. 47 CFR §1.2105(c); see also Auction 112 Procedures Public Notice at 13-17, paras. 41-56. Section 1.2105(c)(1) provides that, subject to specified exceptions, after the deadline for filing a short-form application, “all applicants are prohibited from cooperating or collaborating with respect to, communicating with or disclosing to each other in any manner the substance of their own, or each other’s, or any other applicant’s bids or bidding strategies (including post-auction market structure), or discussing or negotiating settlement agreements, until after the down payment deadline[.]” 47 CFR § 1.2105(c)(1);see also Updating Part 1 Competitive Bidding Rules, WT Docket No. 14-170, Report and Order, Order on Reconsideration of the First Report and Order, Third Order on Reconsideration of the Second Report and Order, Third Report and Order, 30 FCC Rcd 7493, 7576-77, paras. 195, 199 (2015) (modified by Erratum, 30 FCC Rcd 8518 (WTB 2015)). An “applicant” for purposes of this rule includes all “controlling interest” in the entity submitting the FCC Form 175 auction application, as well as all holders of interest amounting to 10% or more of the entity, and all officers and directors of that entity. 42. This prohibition took effect as of the short-form application filing deadline, which for Auction 112 was March 30, 2022, at 6:00 p.m. ET, and continues until the down payment deadline, which is 6:00 p.m. ET on July 8, 2022. See Auction 112 Procedures Public Notice at 13-17, paras. 41-56; see also 47 CFR § 1.2105(c)(1). This prohibition applies to all applicants regardless of whether such applicant became qualified bidders, or actually bid in Auction 112. See Auction 112 Procedures Public Notice. at 14, para. 42. Each applicant in this auction certified its compliance with section 1.2105(c) when it filed its short-form application. See 47 CFR § 1.2105(a)(2)(ix). For further information on the prohibition, applicants should refer to the Auction 112 Procedures Public Notice and the Auction 112 Qualified Bidders Public Notice. Auction 112 Procedures Public Notice at 13-17, paras. 41-56; Auction of Construction Permits for Full Power Television Stations; Ten Applicants Qualified to Bid in Auction 112, AU Docket No. 21-449, Public Notice, DA 22-546, at 10-11, paras. 51-53 (OEA/MB 2022). B. Access to the Bidding System 43. The bidding system will remain accessible to Auction 112 qualified bidders until 12:00 p.m. ET on Tuesday, June 28, 2022. Bidders should download any files they wish to save from the bidding system before that time. C. Return of SecurID® Tokens 44. The SecurID® tokens distributed to qualified bidders are tailored to Auction 112 and will not work for future auctions. The Commission will send each bidder, along with a copy of this Public Notice, a pre-addressed, stamped envelope to return its SecurID® tokens. Each bidder should return its SecurID® tokens to the Commission for recycling by July 8, 2022. D. Contact Information 45. For further information, contact: Licensing Information Service Rules, Policies, Regulations Licensing Issues, Engineering Issues Due Diligence, Incumbency Issues, FCC Form 2100, Schedule A questions Video Division, MB Shaun Maher (Attorney) at (202) 418-2324 Kevin Harding (Engineer) at (202) 418-7077 Auction Payment Information Wire Transfers Refunds FCC Revenue & Receivables Operations Group/Auctions Scott Radcliffe at (202) 418-7518 Theresa Meeks at (202) 418-2945, or (202) 4182843 (fax) or email to RROGWireFaxes@fcc.gov FCC Auctions Hotline (888) 225-5322, option two; or (717) 338-2868 Auction 112 Information General Auction Information, Process and Procedures Auction Rules, Policies, and Regulations Auctions Division, OEA Auctions Hotline at (888) 225-5322, option two; or (717) 338-2868 Mary Lovejoy (Attorney) or Andrew McArdell (Attorney) at (202) 418-0660 Accessible Formats Braille, large print, electronic files, or audio format for people with disabilities Consumer and Governmental Affairs Bureau (202) 418-0530, or (202) 418-0432 (TTY) fcc504@fcc.gov FCC Internet Sites · www.fcc.gov/auction/112 · https://enterpriseefiling.fcc.gov/dataentry/login.html · www.fcc.gov · www.fcc.gov/media Press Information Janice Wise at (202) 418-8165 - FCC - 2