80 FR 81547 - Guidance Regarding License Assignments and Transfers of Control During the Reverse Auction, Auction 1001

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 80, Issue 250 (December 30, 2015)

Page Range		81547-81548
FR Document		2015-32840

This document provides guidance regarding reverse auction participation by parties to pending transactions involving broadcast television licenses.

Federal Register, Volume 80 Issue 250 (Wednesday, December 30, 2015)

[Federal Register Volume 80, Number 250 (Wednesday, December 30, 2015)]
[Notices]
[Pages 81547-81548]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-32840]

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FEDERAL COMMUNICATIONS COMMISSION

[AU Docket No. 14-252, GN Docket No. 12-268, WT Docket No. 12-269; DA
15-1435]

Guidance Regarding License Assignments and Transfers of Control
During the Reverse Auction, Auction 1001

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: This document provides guidance regarding reverse auction
participation by parties to pending transactions involving broadcast
television licenses.

FOR FURTHER INFORMATION CONTACT: Wireless Telecommunications Bureau,
Auctions and Spectrum Access Division: For general reverse auction
questions contact Erin Griffith or Kathryn Hinton at (202) 418-0660.
Media Bureau licensing questions contact David Brown at (202) 418-1645
or Dorann Bunkin at (202) 418-1636.

SUPPLEMENTARY INFORMATION: This is a summary of the Auction 1001
Guidance on Broadcast Transactions Public Notice (PN), AU Docket No.
14-252, GN Docket No. 12-268, WT Docket No. 12-269, DA15-1435, released
on December 17, 2015. The complete text of the Auction 1001 Guidance on
Broadcast Transactions PN, is available for public inspection and
copying from 8:00 a.m. to 4:30 p.m. ET Monday through Thursday or from
8:00 a.m. to 11:30 a.m. ET on Fridays in the FCC Reference Information
Center, 445 12th Street SW., Room CY-A257, Washington, DC 20554. The
complete text is also available on the Commission's Web site at http://wireless.fcc.gov, or by using the search function on the ECFS Web page
at http://www.fcc.gov/cgb/ecfs/. Alternative formats are available to
persons with disabilities by sending an email to [email protected] or by
calling the Consumer & Governmental Affairs Bureau at (202) 418-0530
(voice), (202) 418-0432 (TTY).
1. The Wireless Telecommunications Bureau (Bureau) recently waived
the bar on the assignment of a license in, or transfer of control of an
applicant for, the reverse auction, provided that (1) the assignment or
transfer application has been accepted for filing as of January 12,
2016, the reverse auction application filing deadline, and (2) the
assignee or transferee agrees to be bound by the original applicant's
actions in the auction with respect to the license(s). Subject to these
two requirements and Commission approval, assignments and transfers
involving participating licensees may be consummated during the reverse
auction.
2. Reverse auction participants will utilize the FCC Registration
Number (FRN) and related password associated with a station to access
the application and bidding systems (collectively, the Auction System)
with respect to that station. The Bureau has frozen the FRN data in the
Auction System as of December 8, 2015, the opening date for the reverse
auction filing window. An assignee/transferee in a pending transaction
that is approved and consummated until the completion of

[[Page 81548]]

the auction will have two options if it wishes to participate in the
reverse auction on behalf of a station covered by such a transaction.
First, it may contractually designate the assignor/transferor as its
bidding agent for the covered stations. Second, the parties to the
transaction may agree that the assignee/transferee will use the FRN and
password associated with assigned or transferred stations (the
``auction FRN'') to apply for and participate in the reverse auction.
The parties must elect one of these options prior to the beginning of
the prohibited communications period on January 12, 2016 and inform the
Commission which option they have elected. Alternatively, the parties
may wait until after the auction to seek approval and consummate the
transaction.
3. With regard to the second option, the auction FRN and password
will also provide access to the assignor/transferor's data in
Commission licensing and other systems associated with that FRN. To
prevent the assignee/transferee from accessing the information related
to the stations the assignor/transferor may retain, the assignor/
transferor may obtain a new FRN and password for those stations.
Additionally, the auction FRN and password will provide access to the
assignor/transferor's bidding information for any stations associated
with the auction FRN. Thus, if a transaction involves fewer than all
the licenses associated with the auction FRN, the assignee/transferee
and the assignor/transferor would both have access to the same bidding
information regarding all the licenses associated with that auction FRN
that are in the reverse auction.
4. As a result, the parties to a pending transaction must
acknowledge that the Commission is not liable for their use of any
systems or information accessed as a result of a shared FRN and
password under the second option. The parties may also want to
contractually limit the assignee/transferee's right to access and/or
use any such systems or information. Finally, the parties are subject
to the rule prohibiting communication of an incentive auction
applicant's bids and bidding strategies.

Federal Communications Commission.
Craig Bomberger,
Deputy Division Chief, Auctions and Spectrum Access Division, WTB.
[FR Doc. 2015-32840 Filed 12-29-15; 8:45 am]
BILLING CODE 6712-01-P

81548 Federal Register / Vol. 80, No. 250 / Wednesday, December 30, 2015 / Notices

the auction will have two options if it FEDERAL RESERVE SYSTEM The notices are available for
wishes to participate in the reverse immediate inspection at the Federal
auction on behalf of a station covered by Formations of, Acquisitions by, and Reserve Bank indicated. The notices
such a transaction. First, it may Mergers of Bank Holding Companies also will be available for inspection at
contractually designate the assignor/ the offices of the Board of Governors.
The companies listed in this notice Interested persons may express their
transferor as its bidding agent for the have applied to the Board for approval,
covered stations. Second, the parties to views in writing to the Reserve Bank
pursuant to the Bank Holding Company indicated for that notice or to the offices
the transaction may agree that the Act of 1956 (12 U.S.C. 1841 et seq.)
assignee/transferee will use the FRN of the Board of Governors. Comments
(BHC Act), Regulation Y (12 CFR part must be received not later than January
and password associated with assigned 225), and all other applicable statutes
or transferred stations (the ‘‘auction 13, 2016.
and regulations to become a bank A. Federal Reserve Bank of Atlanta
FRN’’) to apply for and participate in holding company and/or to acquire the (Chapelle Davis, Assistant Vice
the reverse auction. The parties must assets or the ownership of, control of, or President) 1000 Peachtree Street NE.,
elect one of these options prior to the the power to vote shares of a bank or Atlanta, Georgia 30309:
beginning of the prohibited bank holding company and all of the 1. Andrew Charles Heaner, Atlanta,
communications period on January 12, banks and nonbanking companies Georgia; to retain voting shares of
2016 and inform the Commission which owned by the bank holding company, Heritage First Bancshares, Inc., and
option they have elected. Alternatively, including the companies listed below. thereby indirectly retain voting shares of
the parties may wait until after the The applications listed below, as well Heritage First Bank, both in Rome,
auction to seek approval and as other related filings required by the Georgia.
consummate the transaction. Board, are available for immediate B. Federal Reserve Bank of
inspection at the Federal Reserve Bank Minneapolis (Jacquelyn K. Brunmeier,
3. With regard to the second option, indicated. The applications will also be
the auction FRN and password will also Assistant Vice President) 90 Hennepin
available for inspection at the offices of Avenue, Minneapolis, Minnesota
provide access to the assignor/ the Board of Governors. Interested 55480–0291:
transferor’s data in Commission persons may express their views in 1. Richard Pedersen, Everett,
licensing and other systems associated writing on the standards enumerated in Washington; to retain voting shares of
with that FRN. To prevent the assignee/ the BHC Act (12 U.S.C. 1842(c)). Flathead Lake Bancorporation, Inc., and
transferee from accessing the The comment period for this thereby indirectly retain voting shares of
information related to the stations the application has been extended. First Citizens Bank of Polson, National
assignor/transferor may retain, the Comments regarding this application Association, both in Polson, Montana.
assignor/transferor may obtain a new must be received at the Reserve Bank
Board of Governors of the Federal Reserve
FRN and password for those stations. indicated or the offices of the Board of System, December 24, 2015.
Additionally, the auction FRN and Governors not later than January 31,
Michael J. Lewandowski,
password will provide access to the 2016.
A. Federal Reserve Bank of Cleveland Associate Secretary of the Board.
assignor/transferor’s bidding [FR Doc. 2015–32837 Filed 12–29–15; 8:45 am]
information for any stations associated (Nadine Wallman, Vice President) 1455
with the auction FRN. Thus, if a East Sixth Street, Cleveland, Ohio BILLING CODE 6210–01–P

transaction involves fewer than all the 44101–2566:
1. KeyCorp, Cleveland, Ohio; to
licenses associated with the auction FEDERAL RESERVE SYSTEM
acquire First Niagara Financial Group,
FRN, the assignee/transferee and the Inc., and thereby acquire control of its
assignor/transferor would both have Formations of, Acquisitions by, and
subsidiary bank, First Niagara Bank,
access to the same bidding information Mergers of Bank Holding Companies
National Association, both in Buffalo,
regarding all the licenses associated New York. The companies listed in this notice
with that auction FRN that are in the have applied to the Board for approval,
Board of Governors of the Federal Reserve
reverse auction. System, December 24, 2015. pursuant to the Bank Holding Company
4. As a result, the parties to a pending Michael J. Lewandowski, Act of 1956 (12 U.S.C. 1841 et seq.)
transaction must acknowledge that the Associate Secretary of the Board. (BHC Act), Regulation Y (12 CFR part
Commission is not liable for their use of 225), and all other applicable statutes
[FR Doc. 2015–32838 Filed 12–29–15; 8:45 am]
any systems or information accessed as and regulations to become a bank
BILLING CODE 6210–01–P
a result of a shared FRN and password holding company and/or to acquire the
under the second option. The parties assets or the ownership of, control of, or
may also want to contractually limit the FEDERAL RESERVE SYSTEM the power to vote shares of a bank or
assignee/transferee’s right to access and/ bank holding company and all of the
or use any such systems or information. Change in Bank Control Notices; banks and nonbanking companies
Acquisitions of Shares of a Bank or owned by the bank holding company,
Finally, the parties are subject to the
Bank Holding Company including the companies listed below.
rule prohibiting communication of an The applications listed below, as well
incentive auction applicant’s bids and The notificants listed below have as other related filings required by the
bidding strategies.
mstockstill on DSK4VPTVN1PROD with NOTICES

applied under the Change in Bank Board, are available for immediate
Federal Communications Commission. Control Act (12 U.S.C. 1817(j)) and inspection at the Federal Reserve Bank
Craig Bomberger, § 225.41 of the Board’s Regulation Y (12 indicated. The applications will also be
Deputy Division Chief, Auctions and CFR 225.41) to acquire shares of a bank available for inspection at the offices of
Spectrum Access Division, WTB. or bank holding company. The factors the Board of Governors. Interested
[FR Doc. 2015–32840 Filed 12–29–15; 8:45 am]
that are considered in acting on the persons may express their views in
notices are set forth in paragraph 7 of writing on the standards enumerated in
BILLING CODE 6712–01–P
the Act (12 U.S.C. 1817(j)(7)). the BHC Act (12 U.S.C. 1842(c)). If the

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Document Created: 2015-12-30 03:16:09
Document Modified: 2015-12-30 03:16:09

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		Wireless Telecommunications Bureau, Auctions and Spectrum Access Division: For general reverse auction questions contact Erin Griffith or Kathryn Hinton at (202) 418-0660. Media Bureau licensing questions contact David Brown at (202) 418-1645 or Dorann Bunkin at (202) 418-1636.
FR Citation		80 FR 81547