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)

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

[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