82 FR 33825 - Filing Instructions for Cross-Service FM Translator Auction Filing Window for AM Broadcasters To Be Open July 26-August 2, 2017; Freeze on FM Translator and Low-Power FM Station Minor Change Applications and FM Booster Applications July 19-August 2, 2017; Availability of Online Tutorial; Clarification of Eligible Applicants

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 82, Issue 139 (July 21, 2017)

Page Range		33825-33827
FR Document		2017-15327

In the document released June 6, 2017, the Media Bureau and the Wireless Telecommunications Bureau released instructions for filing applications in a filing window to be open from July 26, 2017, through August 2, 2017, in which certain AM station licensees and proposed assignees may seek new FM translator construction permits to retransmit the signals of the primary AM stations. In addition, the Media Bureau announced that it will not accept low-power FM and FM translator minor change construction permit applications and FM booster construction permit applications between July 19 and August 2, 2017. In the document released July 13, 2017, Commission staff announced that an online tutorial would be available for this auction, which is designated as Auction 99, and addressed a petition for clarification on an issue of applicant eligibility for this filing window opportunity.

Federal Register, Volume 82 Issue 139 (Friday, July 21, 2017)

[Federal Register Volume 82, Number 139 (Friday, July 21, 2017)]
[Rules and Regulations]
[Pages 33825-33827]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15327]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 73 and 74

[AU Docket No. 17-143; DA 17-533; DA 17-668]


Filing Instructions for Cross-Service FM Translator Auction 
Filing Window for AM Broadcasters To Be Open July 26-August 2, 2017; 
Freeze on FM Translator and Low-Power FM Station Minor Change 
Applications and FM Booster Applications July 19-August 2, 2017; 
Availability of Online Tutorial; Clarification of Eligible Applicants

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In the document released June 6, 2017, the Media Bureau and 
the Wireless Telecommunications Bureau released instructions for filing 
applications in a filing window to be open from July 26, 2017, through 
August 2, 2017, in which certain AM station licensees and proposed 
assignees may seek new FM translator construction permits to retransmit 
the signals of the primary AM stations. In addition, the Media Bureau 
announced that it will not accept low-power FM and FM translator minor 
change construction permit applications and FM booster construction 
permit applications between July 19 and August 2, 2017. In the document 
released July 13, 2017, Commission staff announced that an online 
tutorial would be available for this auction, which is designated as 
Auction 99, and addressed a petition for clarification on an issue of 
applicant eligibility for this filing window opportunity.

DATES: From 12:01 a.m. Eastern Time (ET) on July 19, 2017, until 
midnight ET on August 2, 2017, there is a filing freeze for low-power 
FM and FM translator minor change construction permit applications and 
for FM booster construction permit applications. Starting at 12:01 a.m. 
ET on July 26, 2017, and prior to 6:00 p.m. on August 2, 2017, an 
eligible applicant may file its FCC Form 349. Starting at 9:00 a.m. ET 
on July 26, 2017, and prior to 6:00 p.m. ET on August 2, 2017, an 
eligible applicant may file its FCC Form 175.

FOR FURTHER INFORMATION CONTACT: About broadcast radio or FCC Form 349, 
James Bradshaw, Lisa Scanlan or Tom Nessinger in the Media Bureau's 
Audio Division at (202) 418-2700. About FCC Form 175 and competitive 
bidding rules, Lynne Milne in the Wireless Telecommunications Bureau's 
Auctions and Spectrum Access Division at (202) 418-0660. About general 
auction procedures, the Auctions Hotline at (717) 338-2868.

SUPPLEMENTARY INFORMATION: This is a summary of a public notice 
released on June 6, 2017, supplemented by a related public notice 
released on July 13, 2017. The complete texts of these documents are 
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 St. SW., Room 
CY-A257, Washington, DC 20554. The complete texts also are available on 
the Commission's Web site at http://wireless.fcc.gov. Alternative 
formats are available for 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 Media Bureau will institute a freeze on the acceptance of FM 
booster construction permit applications, as well as minor change 
construction permit applications for FM translators or Low Power FM 
stations on all channels (channels 201-300) starting at 12:01 a.m. ET 
on July 19, 2017 until midnight ET on August 2, 2017. Any such 
applications filed during this freeze will be dismissed.
    2. On June 6, 2017, the Media Bureau and the Wireless 
Telecommunications Bureau announced in a public notice (Filing 
Instructions Public Notice) details and filing instructions for certain 
AM broadcasters to apply for cross-service FM translator station 
construction permits in Auction 99. Eligibility for this filing 
opportunity is limited to any Class C or D AM station licensee or 
permittee, or the proposed assignee of such an AM station, wishing to 
file an application to establish a new cross-service FM translator to 
retransmit its AM station signal full time, provided that the AM 
primary station was not listed as the AM primary station in a FM 
translator modification application filed in either of the 2016 
modification windows.
    3. During this upcoming filing window, an applicant may propose 
only one cross-service FM translator for each Class C or D AM primary 
station to be rebroadcast. Any FM translator awarded through this 
filing window will only be authorized to rebroadcast the AM primary 
station identified in the applicant's FCC Form 349 Tech Box (or to 
originate nighttime programming during periods when a daytime-only AM 
primary station is not operating), on a permanent basis. The 
authorization for any FM translator station awarded through this filing 
window will be subject to a condition that it may not be assigned or 
transferred except in conjunction with the AM primary station that it 
rebroadcasts and with which it is commonly owned.
    4. An eligible licensee or permittee, or proposed assignee if 
applicable, seeking a new cross-service FM translator for its AM 
station(s) must file electronically in the Media Bureau's Consolidated 
Database System (CDBS) prior to 6:00

[[Page 33826]]

p.m. ET on August 2, 2017, a separate FCC Form 349, Application for 
Authority to Construct or Make Changes in a FM Translator or FM Booster 
Station, for a construction permit for each such proposed FM 
translator. An applicant may designate in its FCC Form 349 Tech Box any 
non-reserved FM channel (Channels 221-300, 92.1-107.9 MHz) for its 
proposed cross-service translator. Only Section I, the Tech Box of 
Section III-A, and the Section VI Certification must be completed at 
this time. The applicant name entered in the FCC Form 349 must be 
identical with the name of the licensee or permittee on the AM primary 
station license or construction permit, unless it is the name of the 
assignee of a pending or granted assignment application for that 
eligible AM primary station.
    5. Applicants must review carefully each Form 349 Tech Box 
submission for compliance with section 74.1201(g) and all other 
Commission technical rules relating to FM translator stations, as well 
as insuring that only one Form 349 is submitted for each qualified AM 
station. At the end of the initial filing window, if an applicant has 
filed more than one FM translator proposal (Form 349 Tech Box) 
designating the same AM primary station, only the first-filed FM 
translator engineering proposal (Form 349 Tech Box) will be considered. 
To avoid staff consideration of an unintended proposal, each applicant 
must carefully review its Forms 349 before submission, and delete each 
undesired engineering proposal that specifies the identical AM primary 
station. Any request to delete an undesired proposal must be emailed 
before the initial filing window closes to [email protected].
    6. After the August 2, 2017, application deadline, an Auction 99 
applicant may only file a technical amendment during the settlement 
period to be specified in a future public notice. No amendment, 
technical or otherwise, to a cross-service FM translator Form 349 filed 
during this filing window will be accepted between the close of the 
application filing window on August 2, 2017, and the release of the 
public notice listing mutually exclusive (MX) FM translator engineering 
proposals (if the engineering proposal is MX) or the release of the 
public notice listing the non-mutually exclusive FM translator 
engineering proposals (if the engineering proposal is not MX). 
Additional instructions about the filing of a Form 349 in the upcoming 
filing window are provided in Attachment A of the Filing Instructions 
Public Notice.
    7. Each eligible AM station licensee or permittee applicant, or 
proposed assignee if applicable, for a new FM translator station must 
file electronically via the FCC Auction System one FCC Form 175, an 
Application to Participate in an Auction, in compliance with the 
Commission's rules and the instructions provided in the Filing 
Instructions Public Notice. A Form 175 must be submitted and confirmed 
prior to 6:00 p.m. ET on August 2, 2017. The applicant name entered in 
the FCC Form 175 must be identical with the name of the licensee or 
permittee on the AM primary station license or construction permit, 
unless the applicant name is identical with the name of a pending or 
granted assignment application assignee, if applicable.
    8. An individual or entity may not submit more than one FCC Form 
175 during this filing window, regardless of the number of Forms 349 it 
files. As explained in the Filing Instructions Public Notice, the 
Bureaus waived for Auction 99 the prohibition of section 1.2105(a)(3) 
on the filing of more than one FCC Form 175 by entities with any of the 
same controlling interests, but will continue to apply the prohibition 
against the filing of more than one FCC Form 175 by the same individual 
or entity.
    9. An applicant's one Form 175 must cover all proposed FM 
translator stations for which that applicant files a FCC Form 349 Tech 
Box. It is the applicant's responsibility to ensure that the CDBS-
assigned file number(s) and facility identification (ID) number(s) from 
its Form(s) 349 are entered accurately in the View/Edit Engineering 
Proposals section of the applicant's Form 175. Any inaccuracy in data 
entry in the Form 175 of the CDBS-assigned file number(s) or facility 
ID number(s) could result in the Form 349 being excluded from auction 
processing. Also, any Form 349 submitted during the initial filing 
window that is not referenced on that applicant's Form 175 will be 
dismissed in CDBS.
    10. Commission staff will not consider any proposal for which the 
required information is not on file by the close of the initial 
application filing window. No consideration will be given to the 
following: (a) Any application for which both a FCC Form 175 and a 
complete FCC Form 349 proposal are not on file by the close of the 
initial application filing window; (b) any proposal filed by an 
applicant that is not a licensee or permittee, or proposed assignee if 
applicable, of a Class C or D AM broadcast station (including but not 
limited to any proposal filed by the licensee or permittee of a Class A 
or B AM broadcast station); (c) any proposal designating an AM primary 
station that was designated as the primary station on any application 
filed in either of the 2016 modifications windows; or (d) any proposal 
that specifies a channel in the reserved FM broadcast band (Channels 
200-220, 88.1-91.9 MHz).
    11. Each prospective Auction 99 applicant must review carefully the 
instructions provided about completing and submitting a FCC Form 175 in 
the Filing Instructions Public Notice, including guidance in 
Attachments A and B to that document. This Filing Instructions Public 
Notice provided specific information about reporting authorized 
bidders, the disclosure of agreements relating to construction permits 
subject to Auction 99, disclosure requirements for applicant owners and 
controlling interests, and provisions regarding a current and former 
default or delinquency. For example, Commission rules prohibit an 
individual from serving as an authorized bidder for more than one 
auction applicant.
    12. Further, the interests of the applicant, and of any individual 
or entity with an attributable interest in the applicant, in other 
media of mass communications are considered as of the initial Form 175 
filing deadline when determining an applicant's eligibility for a new 
entrant bidding credit. Events occurring after this filing deadline, 
however, may cause diminishment or loss of bidding credit eligibility, 
and must be reported immediately.
    13. The description in the Filing Instructions Public Notice of the 
noncommercial education (NCE) status election included a warning that 
if an FCC Form 175 identifies the application's proposed FM translator 
as noncommercial educational and that NCE engineering proposal is 
mutually exclusive with any engineering proposal for a commercial 
station, the NCE engineering proposal (Form 349) will be returned as 
unacceptable for filing. Each prospective applicant should consider 
carefully if it wishes to propose NCE operation for any FM translator 
acquired in this auction. This NCE election cannot be reversed after 
the initial application filing deadline on August 2, 2017.
    14. After the initial application filing deadline, an applicant 
will be permitted to make only minor modifications to its FCC Form 175 
and major modifications are not permitted. For example, a claim of 
eligibility for a higher percentage of bidding credit will not be 
permitted after the initial application filing

[[Page 33827]]

deadline. Further information is provided in the Filing Instructions 
Public Notice.
    15. Each applicant has a continuing obligation to maintain the 
accuracy and completeness of information furnished in its pending FCC 
Form 175, including any change that may cause a loss of or reduction in 
the percentage of bidding credit requested previously. An auction 
applicant must file additional or corrected information within five 
days after a significant occurrence or amend its FCC Form 175 no later 
than five days after the applicant becomes aware of the need for 
amendment. An applicant's obligation to make modifications to a pending 
FCC Form 175 continues after these five days. An applicant is obligated 
to amend its pending application even if a reported change is 
considered to be a major modification that may result in the dismissal 
of its application.
    16. Prospective applicants should study carefully the explanations 
in the Filing Instructions Public Notice concerning prohibited 
communication by an auction applicant contained in sections 1.2105(c) 
and 73.5002. For example, an applicant is defined in section 1.2105(c) 
for purposes of these prohibitions to include each officer and each 
director of the applicant, each controlling interest of the applicant, 
and each holder of an ownership interest in the applicant of 10 percent 
or more. The Filing Instructions Public Notice provided further details 
concerning an impermissible communication, including a reminder of the 
duty to report immediately a communication that appears to violate 
section 1.2105(c). If mutual exclusivity (MX) is determined to exist 
for any engineering proposals submitted during this filing window, the 
Bureaus will announce a subsequent period during which this prohibition 
will be suspended for the purpose of resolving MX conflicts. Until such 
time, however, these prohibited communication rules remain in effect 
for Auction 99 from 6:00 p.m. on August 2, 2017, until the down payment 
deadline which will be announced in a future public notice.
    17. If any FM translator engineering proposals filed during this 
announced window are determined to be MX and such MX is not resolved 
through a future opportunity for settlement or technical amendment, the 
Commission will resolve MX engineering proposals for commercial 
stations through competitive bidding.

Federal Communications Commission.
Sue McNeil,
Chief of Staff/Special Counsel, Wireless Telecommunications Bureau.
[FR Doc. 2017-15327 Filed 7-20-17; 8:45 am]
 BILLING CODE 6712-01-P

Federal Register / Vol. 82, No. 139 / Friday, July 21, 2017 / Rules and Regulations 33825

CLEANING SOLVENTS
End-use Substitute Decision Further information 1

Electronics cleaning, HFE-7300 ................. Acceptable ................ HFE-7300 (CAS Reg. No. 132182–92–4) has no ozone depletion poten-
metals cleaning, (1,1,1,2,2,3,4,5,5,5- tial (ODP) and a 100-year GWP of approximately 310. It is excluded
precision cleaning. decafluoro-3- from the definition of volatile organic compounds under CAA regula-
methoxy-4- tions (see 40 CFR 51.100(s)) addressing the development of state im-
(trifluoromethy- plementation plans (SIPs) to attain and maintain the National Ambient
l)pentane). Air Quality Standards (NAAQS).
This compound is nonflammable.
The manufacturer recommends an AEL for the workplace for HFE-7300
of 100 ppm (8-hr TWA).
This substitute is subject to a Toxic Substance Control Act (TSCA) sec-
tion 5(a)(2) Significant New Use Rule (SNUR) (40 CFR 721.10061).
1 Observe recommendations in the manufacturer’s SDS and guidance for all listed substitutes.

[FR Doc. 2017–15379 Filed 7–20–17; 8:45 am] on August 2, 2017, there is a filing channels (channels 201–300) starting at
BILLING CODE 6560–50–P freeze for low-power FM and FM 12:01 a.m. ET on July 19, 2017 until
translator minor change construction midnight ET on August 2, 2017. Any
permit applications and for FM booster such applications filed during this
FEDERAL COMMUNICATIONS construction permit applications. freeze will be dismissed.
COMMISSION Starting at 12:01 a.m. ET on July 26, 2. On June 6, 2017, the Media Bureau
2017, and prior to 6:00 p.m. on August and the Wireless Telecommunications
47 CFR Parts 1, 73 and 74 2, 2017, an eligible applicant may file its Bureau announced in a public notice
[AU Docket No. 17–143; DA 17–533; DA 17– FCC Form 349. Starting at 9:00 a.m. ET (Filing Instructions Public Notice)
668] on July 26, 2017, and prior to 6:00 p.m. details and filing instructions for certain
ET on August 2, 2017, an eligible AM broadcasters to apply for cross-
Filing Instructions for Cross-Service applicant may file its FCC Form 175. service FM translator station
FM Translator Auction Filing Window FOR FURTHER INFORMATION CONTACT: construction permits in Auction 99.
for AM Broadcasters To Be Open July About broadcast radio or FCC Form 349, Eligibility for this filing opportunity is
26–August 2, 2017; Freeze on FM James Bradshaw, Lisa Scanlan or Tom limited to any Class C or D AM station
Translator and Low-Power FM Station Nessinger in the Media Bureau’s Audio licensee or permittee, or the proposed
Minor Change Applications and FM Division at (202) 418–2700. About FCC assignee of such an AM station, wishing
Booster Applications July 19–August Form 175 and competitive bidding to file an application to establish a new
2, 2017; Availability of Online Tutorial; rules, Lynne Milne in the Wireless cross-service FM translator to retransmit
Clarification of Eligible Applicants Telecommunications Bureau’s Auctions its AM station signal full time, provided
AGENCY: Federal Communications and Spectrum Access Division at (202) that the AM primary station was not
Commission. 418–0660. About general auction listed as the AM primary station in a FM
procedures, the Auctions Hotline at translator modification application filed
ACTION: Final rule.
(717) 338–2868. in either of the 2016 modification
SUMMARY: In the document released June SUPPLEMENTARY INFORMATION: This is a windows.
6, 2017, the Media Bureau and the summary of a public notice released on 3. During this upcoming filing
Wireless Telecommunications Bureau June 6, 2017, supplemented by a related window, an applicant may propose only
released instructions for filing public notice released on July 13, 2017. one cross-service FM translator for each
applications in a filing window to be The complete texts of these documents Class C or D AM primary station to be
open from July 26, 2017, through are available for public inspection and rebroadcast. Any FM translator awarded
August 2, 2017, in which certain AM copying from 8:00 a.m. to 4:30 p.m. ET through this filing window will only be
station licensees and proposed assignees Monday through Thursday or from 8:00 authorized to rebroadcast the AM
may seek new FM translator a.m. to 11:30 a.m. ET on Fridays in the primary station identified in the
construction permits to retransmit the FCC Reference Information Center, 445 applicant’s FCC Form 349 Tech Box (or
signals of the primary AM stations. In 12th St. SW., Room CY–A257, to originate nighttime programming
addition, the Media Bureau announced Washington, DC 20554. The complete during periods when a daytime-only
that it will not accept low-power FM texts also are available on the AM primary station is not operating), on
and FM translator minor change Commission’s Web site at http:// a permanent basis. The authorization for
construction permit applications and wireless.fcc.gov. Alternative formats are any FM translator station awarded
FM booster construction permit available for persons with disabilities by through this filing window will be
applications between July 19 and sending an email to FCC504@fcc.gov or subject to a condition that it may not be
August 2, 2017. In the document by calling the Consumer & assigned or transferred except in
released July 13, 2017, Commission staff Governmental Affairs Bureau at (202) conjunction with the AM primary
announced that an online tutorial would 418–0530 (voice), (202) 418–0432 station that it rebroadcasts and with
sradovich on DSK3GMQ082PROD with RULES

be available for this auction, which is (TTY). which it is commonly owned.
designated as Auction 99, and 1. The Media Bureau will institute a 4. An eligible licensee or permittee, or
addressed a petition for clarification on freeze on the acceptance of FM booster proposed assignee if applicable, seeking
an issue of applicant eligibility for this construction permit applications, as a new cross-service FM translator for its
filing window opportunity. well as minor change construction AM station(s) must file electronically in
DATES: From 12:01 a.m. Eastern Time permit applications for FM translators the Media Bureau’s Consolidated
(ET) on July 19, 2017, until midnight ET or Low Power FM stations on all Database System (CDBS) prior to 6:00

VerDate Sep<11>2014 16:05 Jul 20, 2017 Jkt 241001 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 E:\FR\FM\21JYR1.SGM 21JYR1

Document Created: 2017-07-21 06:00:08
Document Modified: 2017-07-21 06:00:08

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		Rules and Regulations
Action		Final rule.
Dates		From 12:01 a.m. Eastern Time (ET) on July 19, 2017, until midnight ET on August 2, 2017, there is a filing freeze for low-power FM and FM translator minor change construction permit applications and for FM booster construction permit applications. Starting at 12:01 a.m. ET on July 26, 2017, and prior to 6:00 p.m. on August 2, 2017, an eligible applicant may file its FCC Form 349. Starting at 9:00 a.m. ET on July 26, 2017, and prior to 6:00 p.m. ET on August 2, 2017, an eligible applicant may file its FCC Form 175.
Contact		About broadcast radio or FCC Form 349, James Bradshaw, Lisa Scanlan or Tom Nessinger in the Media Bureau's Audio Division at (202) 418-2700. About FCC Form 175 and competitive bidding rules, Lynne Milne in the Wireless Telecommunications Bureau's Auctions and Spectrum Access Division at (202) 418-0660. About general auction procedures, the Auctions Hotline at (717) 338-2868.
FR Citation		82 FR 33825
CFR Citation		47 CFR 1 47 CFR 73 47 CFR 74