§ 1.2204   Applications to participate in competitive bidding.

   (a)  Public  notice  of  the  application process. All applications to
   participate must be filed electronically. The dates and procedures for
   submitting applications to participate in the reverse auction shall be
   announced by public notice.

   (b) Applicant. The applicant identified on the application to participate
   must be the broadcast television licensee that would relinquish spectrum
   usage  rights if it becomes a winning bidder. In the case of a channel
   sharing bid, the applicant will be the proposed channel sharee.

   (c)  Information  and  certifications  provided  in the application to
   participate.  An  applicant  may  be required to provide the following
   information in its application to participate in the reverse auction:

   (1) The following identifying information:

   (i) If the applicant is an individual, the applicant's name and address. If
   the applicant is a corporation, the name and address of the corporate office
   and the name and title of an officer or director. If the applicant is a
   partnership, the name, citizenship, and address of all general partners,
   and, if a general partner is not a natural person, then the name and title
   of a responsible person for that partner, as well. If the applicant is a
   trust, the name and address of the trustee. If the applicant is none of the
   above, it must identify and describe itself and its principals or other
   responsible persons;

   (ii) Applicant ownership and other information as set forth in § 1.2112(a);
   and

   (iii) List, in the case of a non-profit entity, the name, address, and
   citizenship of each member of the governing board and of any educational
   institution  or governmental entity with a controlling interest in the
   applicant, if applicable.

   (2) The identity of the person(s) authorized to take binding action in the
   bidding on behalf of the applicant.

   (3) For each broadcast television license for which the applicant intends to
   submit reverse auction bids:

   (i) The identity of the station and its television channel;

   (ii) Whether it is a full-power or Class A television station;

   (iii) If the license is for a Class A television station, certification
   under penalty of perjury that it is and will remain in compliance with the
   ongoing statutory eligibility requirements to remain a Class A station;

   (iv) Whether it is an NCE station and, if so, whether it operates on a
   reserved or non-reserved channel;

   (v) The types of reverse auction bids that the applicant may submit;

   (vi)  Whether  the  license  for the station is subject to a non-final
   revocation order, has expired and is subject to a non-final cancellation
   order, or if for a Class A station is subject to a non-final downgrade order
   and,  if the license is subject to such a proceeding or order, then an
   acknowledgement that the Commission will place all of its auction proceeds
   into escrow pending the final outcome of the proceeding or order; and

   (vii) Any additional information required to assess the spectrum usage
   rights offered.

   (4) For each broadcast television license for which the applicant intends to
   submit a license relinquishment bid:

   (i)  Whether it will control another broadcast station if it becomes a
   winning bidder and terminates operations; and

   (ii) If it will control another broadcast station, an acknowledgement that
   it  will remain subject to any pending license renewal, as well as any
   enforcement action, against the station offered; or

   (iii) If it will not control another broadcast station, an acknowledgement
   that the Commission will place a share of its auction proceeds into escrow
   to cover any potential forfeiture costs associated with any pending license
   renewal or any pending enforcement action against the station offered.

   (5) For each broadcast television license for which the applicant intends to
   submit a channel sharing bid:

   (i)  The identity of the channel sharer and the television channel the
   applicant has agreed to share;

   (ii) Any required information regarding the channel sharing agreement,
   including a copy of the executed channel sharing agreement;

   (iii)  Certification under penalty of perjury that the channel sharing
   agreement is consistent with all Commission rules and policies, and that the
   applicant accepts any risk that the implementation of the channel sharing
   agreement may not be feasible for any reason, including any conflict with
   requirements for operation on the shared channel;

   (iv) Certification under penalty of perjury that its operation from the
   shared channel facilities will not result in a change to its Designated
   Market Area;

   (v) Certification under penalty of perjury that it can meet the community of
   license coverage requirement set forth in § 73.625(a) of this chapter from
   the shared channel facilities or, if not, that the new community of license
   for  its  shared  channel facilities either meets the same or a higher
   allotment priority as its current community; or, if no community meets the
   same or higher allotment priority, provides the next highest priority;

   (vi)  Certification under penalty of perjury that the proposed channel
   sharing arrangement will not violate the multiple ownership rules, set forth
   in § 73.3555 of this chapter, based on facts at the time the application is
   submitted; and

   (vii) Certification by the channel sharer under penalty of perjury with
   respect  to  the  certifications  described in paragraphs (c)(3)(iii),
   (c)(5)(iii), and (c)(5)(vi) of this section.

   (6) Certification under penalty of perjury that the applicant and all of the
   person(s) disclosed under paragraph (c)(1) of this section are not person(s)
   who have been, for reasons of national security, barred by any agency of the
   Federal Government from bidding on a contract, participating in an auction,
   or receiving a grant. For the purposes of this certification, the term
   “person” means an individual, partnership, association, joint-stock company,
   trust, or corporation, and the term “reasons of national security” means
   matters relating to the national defense and foreign relations of the United
   States.

   (7) Certification that the applicant agrees that it has sole responsibility
   for investigating and evaluating all technical and marketplace factors that
   may have a bearing on the bids it submits in the reverse auction.

   (8) Certification that the applicant agrees that the bids it submits in the
   reverse auction are irrevocable, binding offers by the applicant.

   (9)  Certification  that  the individual submitting the application to
   participate and providing the certifications is authorized to do so on
   behalf of the applicant, and if such individual is not an officer, director,
   board member, or controlling interest holder of the applicant, evidence that
   such individual has the authority to bind the applicant.

   (10) Certification that the applicant is in compliance with all statutory
   and  regulatory requirements for participation in the reverse auction,
   including any requirements with respect to the license(s) identified in the
   application to participate.

   (11) Such additional information as may be required.

   (d)  Application  processing.  (1) Any timely submitted application to
   participate  will be reviewed for completeness and compliance with the
   Commission's  rules.  No untimely applications to participate shall be
   reviewed or considered.

   (2)  Any  application  to participate that does not contain all of the
   certifications required pursuant to this section is unacceptable for filing,
   cannot be corrected subsequent to the application filing deadline, and will
   be dismissed with prejudice.

   (3) Applicants will be provided a limited opportunity to cure specified
   defects and to resubmit a corrected application to participate. During the
   resubmission period for curing defects, an application to participate may be
   amended or modified to cure identified defects or to make minor amendments
   or modifications. After the resubmission period has ended, an application to
   participate may be amended or modified to make minor changes or correct
   minor errors in the application to participate. Minor amendments may be
   subject to a deadline specified by public notice. Major amendments cannot be
   made to an application to participate after the initial filing deadline.
   Major amendments include, but are not limited to, changes in ownership of
   the applicant that would constitute an assignment or transfer of control,
   changes to any of the required certifications, and the addition or removal
   of licenses identified on the application to participate for which the
   applicant intends to submit reverse auction bids. Minor amendments include
   any changes that are not major, such as correcting typographical errors and
   supplying  or  correcting  information  as  requested  to  support the
   certifications made in the application.

   (4)  Applicants  that fail to correct defects in their applications to
   participate in a timely manner as specified by public notice will have their
   applications to participate dismissed with no opportunity for resubmission.

   (5) Applicants shall have a continuing obligation to make any amendments or
   modifications that are necessary to maintain the accuracy and completeness
   of  information furnished in pending applications to participate. Such
   amendments or modifications shall be made as promptly as possible, and in no
   case more than five business days after applicants become aware of the need
   to make any amendment or modification, or five business days after the
   reportable event occurs, whichever is later. An applicant's obligation to
   make  such  amendments  or  modifications  to a pending application to
   participate continues until they are made.

   (e) Notice to qualified and non-qualified applicants. Each applicant will be
   notified as to whether it is qualified or not qualified to participate in
   the reverse auction.

   Effective Date Note: At  79 FR 48530 , Aug. 15, 2014, § 1.2204 was added.
   Paragraphs (a), (c), (d)(3) and (d)(5) contain information collection and
   recordkeeping requirements and will not become effective until approval has
   been given by the Office of Management and Budget.

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