FCC 94-283 Federal Communications Commission Record 9 FCC Red No. 24 
Before the 
Federal Communications Commission 
Washington, D.C. 20554 
Released: November 7, 1994 
PUBLIC NOTICE 
COMMISSION ANNOUNCES THAT MUTUALLY 
EXCLUSIVE "SHORT FORM" APPLICATIONS 
(FORM 175) TO PARTICIPATE IN COMPETITIVE 
BIDDING PROCESS ("AUCTIONS") ARE TREATED 
AS EXEMPT FOR EX PARTE PURPOSES 
In the Second Report and Order in PP Docket No. 
93-253, 9 FCC Red 2348 (1994), recon. Second Memoran­
dum Opinion and Order, FCC 94-215 (released August 15. 
1994), the Commission adopted general rules to implement 
the authority conferred in the Omnibus Budget Reconcili­
ation Act of 1993 to employ competitive bidding ("auc­
tion") procedures to choose among mutually exclusive 
applications for initial licenses. Under section 1.2105 of the 
new rules, the Commission requires applicants, in order to 
be eligible to bid, to submit a short-form application (FCC 
175), together with any appropriate filing fee set forth by 
Public Notice. Section 1.2102 of the rules sets forth which 
services or classes of services of "mutually exclusive initial 
applications" will be subject to competitive bidding. 
We have received inquiries from applicants and members 
of the public concerning which ex pane procedures apply 
to these applications. particularly in view of the fact that 
section 1.1208 of the Commission's ex pane rules ordinar­
ily treats "mutually exclusive applications" as "restricted." 
(In restricted proceedings, no ex pane presentations di­
rected to the merits or outcome of the proceeding are 
permissible unless such presentations are exempted under 
the rules.) Neither the Second Report and Order nor other 
related actions in PP Docket No. 93-253 addressed the 
question of the proper ex pane procedures that should 
apply to these application proceedings. 
Auction proceedings differ from other types of applica­
tion proceedings before the Commission from the stand­
point of the magnitude and complexity of this new process 
and its implementation. Because the auction process is new 
to the Commission, applicants and members of the public 
have numerous, wide-ranging questions concerning the 
Commission procedures and requirements that apply to 
competitive bidding. We believe it is desirable, therefore. to 
facilitate and encourage a free flow of information between 
applicants and the Commission staff concerning these mat­
ters. Moreover, because auctions, rather than comparative 
hearings. are used to select among these mutually exclusive 
applicants, it seems unnecessary to employ the same proce­
dural protections that ordinarily apply in other proceedings 
involving mutually exclusive applications. 
For these reasons, we are not treating mutually exclusive 
short form applications (Form 175) filed pursuant to sec­
tion 2.105 of the rules as restricted proceedings under 
section 1.1208 of the Commission's ex pane rules. Instead. 
we are treating these mutually exclusive applications as 
exempt proceedings and. therefore, not subject to the ex 
parte prohibitions that generally pertain to restricted pro-
6760 
ceedings. Proceedings involving auction applicants will be­
come restricted, however, at such time as the required long 
form application is filed and has been formally opposed. 
See section l.1208(c)(l)(i)(B). Moreover, particular pro­
ceedings relating to auction applications could become re­
stricted for reasons unrelated to mutual exclusivity, e.g., 
waiver requests or similar pleadings that are filed and 
relate to the short form applications would be restricted if 
such waiver or other similar pleading is formally opposed, 
as defined in the ex parte rules. See sections l.1202(e) and 
l.1208(c)(l)(ii)(D); also sections l.1204(a)(2)(ii) Note and 
l.l 208(b )(2). 
Action by the Commission November 4, 1994. by Public 
Notice (FCC 94-283) by Chairman Hundt, Commissioners 
Quello, Barrett, Ness and Chong. 
News Media contact: Rosemary Kimball (202) 418-0500. 
Office of General Counsel contact: Steve Bailey 
(202)418-1720. 
FEDERAL COMMUNICATIONS COMMISSION