§ 73.5002   Application and certification procedures; return of mutually
exclusive applications not subject to competitive bidding procedures;
prohibition of collusion.

   (a) Prior to any broadcast service auction, the Commission will issue a
   public notice announcing the upcoming auction and specifying the period
   during which all applicants seeking to participate in an auction, and all
   applicants for noncommercial educational broadcast stations, as described in
   47 U.S.C. 397(6), on non-reserved channels, must file their applications for
   new  broadcast facilities or for major changes to existing facilities.
   Broadcast service applications for new facilities or for major modifications
   will be accepted only during these specified periods. This initial and other
   public notices will contain information about the completion and submission
   of applications to participate in the broadcast auction, and applications
   for noncommercial educational broadcast stations, as described in 47 U.S.C.
   397(6),  on  non-reserved channels, as well as any materials that must
   accompany the applications, and any filing fee that must accompany the
   applications or any upfront payments that will need to be submitted. Such
   public notices will also, in the event mutually exclusive applications are
   filed for broadcast construction permits that must be resolved through
   competitive bidding, contain information about the method of competitive
   bidding to be used and more detailed instructions on submitting bids and
   otherwise  participating in the auction. In the event applications are
   submitted that are not mutually exclusive with any other application in the
   same service, or in the event that any applications that are submitted that
   had been mutually exclusive with other applications in the same service are
   resolved as a result of the dismissal or modification of any applications,
   the non-mutually exclusive applications will be identified by public notice
   and will not be subject to auction.

   (b)  To  participate  in broadcast service auctions, or to apply for a
   noncommercial educational station, as described in 47 U.S.C. 397(6), on a
   non-reserved  channel,  all  applicants  must timely submit short-form
   applications  (FCC  Form 175), along with all required certifications,
   information and exhibits, pursuant to the provisions of § 1.2105(a) of this
   chapter and any Commission public notices. So determinations of mutual
   exclusivity for auction purposes can be made, applicants for non-table
   broadcast services must also submit the engineering data contained in the
   appropriate  FCC  form  (FCC Form 301, FCC Form 346, or FCC Form 349).
   Beginning  January  1, 1999, all short-form applications must be filed
   electronically. If any application for a noncommercial educational broadcast
   station,  as described in 47 U.S.C. 397(6), is mutually exclusive with
   applications for commercial broadcast stations, and the applicants that have
   the opportunity to resolve the mutually exclusivity pursuant to paragraphs
   (c) and (d) of this section fail to do so, the application for noncommercial
   educational broadcast station, as described in 47 U.S.C. 397(6), will be
   returned as unacceptable for filing, and the remaining applications for
   commercial  broadcast  stations  will  be processed in accordance with
   competitive bidding procedures.

   (c)  Applicants  in all broadcast service auctions, and applicants for
   noncommercial educational stations, as described in 47 U.S.C. 397(6), on
   non-reserved channels will be subject to the provisions of § 1.2105(b) of
   this chapter regarding the modification and dismissal of their short-form
   applications. Notwithstanding the general applicability of § 1.2105(b) of
   this  chapter  to broadcast auctions, and applicants for noncommercial
   educational stations, as described in 47 U.S.C. 397(6), on non-reserved
   channels, the following applicants will be permitted to resolve their mutual
   exclusivities  by  making  amendments to their engineering submissions
   following the filing of their short-form applications:

   (1)  Applicants for all broadcast services who file major modification
   applications that are mutually exclusive with each other;

   (2) Applicants for all broadcast services who file major modification and
   new station applications that are mutually exclusive with each other; or

   (3) Applicants for the secondary broadcast services who file applications
   for new stations that are mutually exclusive with each other.

   (d) The prohibition of collusion set forth in § 1.2105(c) of this chapter,
   which becomes effective upon the filing of short-form applications, shall
   apply  to  all broadcast service auctions. Notwithstanding the general
   applicability of § 1.2105(c) of this chapter to broadcast auctions, the
   following applicants will be permitted to resolve their mutual exclusivities
   by means of engineering solutions or settlements during a limited period
   after  the  filing of short-form applications, as further specified by
   Commission public notices:

   (1)  Applicants for all broadcast services who file major modification
   applications that are mutually exclusive with each other;

   (2) Applicants for all broadcast services who file major modification and
   new station applications that are mutually exclusive with each other; or

   (3) Applicants for the secondary broadcast services who file applications
   for new stations that are mutually exclusive with each other.

   (e) Applicants seeking to resolve their mutual exclusivities by means of
   engineering solution or settlement during a limited period as specified by
   public notice, pursuant to paragraph (d) of this section, may submit a
   non-universal engineering solution or settlement proposal, so long as such
   engineering solution or settlement proposal results in the grant of at least
   one application from the mutually exclusive group. A technical amendment
   submitted under this subsection must resolve all of the applicant's mutual
   exclusivities  with respect to the other applications in the specified
   mutually exclusive application group.

   [ 69 FR 72043 , Dec. 10, 2004, as amended at  75 FR 9806 , Mar. 4, 2010]

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