FM auction

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On Friday, the FCC released a Public Notice setting out the rules for the auction for new FM channels, which will being in April. We wrote about that auction when it was first announced here. The Public Notice sets out the bidding process for the auction, and the dates for pre-auction filing deadlines necessary to participate in the auction. The notice also rejects several petitions asking that additional channels be added to the auction and one request for a deletion from the auction list. Thus, the channels to be sold in the auction remain the same as originally proposed. A list of the 130 available FM construction permits, with the minimum bid necessary for each of these channels, is available here.

The Public Notice sets out the following pre-auction dates and deadlines that those planning to participate in the auction must observe. These dates are as follows:

  • Auction Tutorial Available (via Internet) by January 22, 2020
  • Short-Form Application (FCC Form 175) Filing Window Opens January 29, 2020, 12:00 noon Eastern Time (ET)
  • Short-Form Application (FCC Form 175) Filing Window Deadline February 11, 2020, 6:00 p.m. ET
  • Upfront Payments (via wire transfer) March 20, 2020, 6:00 p.m. ET
  • Mock Auction April 24, 2020
  • Auction Bidding Begins April 28, 2020

The “short-form” is an application that anyone wishing to participate in the auction must file. This short-form application sets out the channels in which the applicant is interested and some basic information about the applicant. Specific site locations that an applicant wants to protect can also be listed in the short form. Upfront payments are required monetary deposits that must be made by auction participants in amounts sufficient to cover the minimum fees for the channels on which the applicant is interested in bidding. More details on the information required in the forms, and the mechanics of the auction, are set out in the Public Notice which should be carefully reviewed by parties interested in any of these construction permits authorizing the new stations. 
Continue Reading FCC Announces Deadlines for the Next Auction for New FM Channels – And a Filing Freeze

November is not one of those months with due dates for renewal filings, EEO public file reports or quarterly issues programs reports. Some of those obligations wait until December, when renewal filings for radio stations in Georgia and Alabama are due by December 2 (as December 1 falls on a weekend). Due for uploading on or before December 1 are EEO public file reports for station employment units with 5 or more full-time employees for radio or television stations in Alabama, Colorado, Connecticut, Georgia, Maine, Massachusetts, Minnesota, Montana, New Hampshire, North Dakota, Rhode Island, South Dakota, and Vermont.

November 1 does signal the first day on which radio and TV stations can file their Biennial Ownership Reports. As we wrote here, the FCC has extended the deadline date for those filings until January 31, 2020 as the FCC is making refinements in its forms in the LMS filing system. Reports are to reflect the licensee’s ownership as of October 1, 2019 so stations have the information that they need and can start filing their reports later this week.
Continue Reading November Regulatory Dates for Broadcasters – Ownership Reports, Comment Deadlines, LPTV Reimbursement Filing Deadline, a Forum to Examine the Future of the Broadcast Industry, and More

It has been many years since the FCC conducted an auction of new FM channels, principally due to its preoccupation with the TV incentive auction. But that is about to change as the FCC announced yesterday that it is planning a new FM auction starting on April 28, 2020, and issued a request for comment on the procedures to be used for the auction. The FCC is taking comment on the proposed auction procedures through November 6, with reply comments due by November 20. 130 vacant channels will be available for bid. The list of vacant channels is available here. Channels will be available across the country, with Texas and Wyoming having the most vacant channels in this auction list.

Working backward from the anticipated April 28 start date and using prior auctions as a guide, initial filings for the channels would likely be due early in the new year. “Upfront” payments equal to or greater than the minimum payments for the channels that an applicant ultimately wins in the auction will probably be due a month or so before the start of the auction. To protect the allotments during an auction, the FCC typically imposes a freeze on the filing of FM modification applications. So be on the alert for an announcement of such a freeze. (Addendum, 10/14/2019 – the Freeze was imposed on Friday – see our post here for details).
Continue Reading FCC Plans Auction in April for the Rights to Build New FM Stations

The FCC has finalized the rules for its auction for about 130 new FM channels to be auctioned in July. The Order setting the rules for the auction is available here, and the list of channels to be sold, and the opening minimum bid for each such channel, is available here. The minimum bids also constitute the “upfront payments” which must be made before the auction in order to be able to bid on the channels in which you may be interested. We wrote about these channels here, when the FCC first proposed the auction. As can be seen by reviewing the list, while there are channels across the country, the greatest number of available channels, by far, is in Texas. As we noted when we first wrote about this auction, many of the channels cover small communities in rural areas, and some are leftovers that went unsold in previous auctions. But in every auction there are a few channels that may prove to have some value, so we expect that there will again be interest in many of those on the list. Such interest must be expressed through the filing of “short-form” Form 175 applications by May 28. The actual auction will begin on July 23.

The FCC also announced a freeze on the filing of FM construction permit applications for changes in existing stations from May 18 through May 28 to stabilize the FCC’s engineering database during the period when applicants will be filing their applications. As auction applicants can specify in their short-form applications transmitter sites to be protected, a minor change application by an existing station could end up mutually exclusive with a transmitter site specified by an auction applicant, meaning that the existing station could end up in the auction. To avoid that, the FCC has frozen minor change applications during the filing window.
Continue Reading FCC Sets Final Rules For Auction of New FM Stations – Applications Due By May 28, Filing Freeze on FM Minor Changes from May 18 through May 28

The FCC today released its further Public Notice in connection with FCC Auction No. 93, which offers for sale 119 construction permits for new FM radio stations in various communities across the country.  Further details about the auction can be found in our earlier post here as well as on the Commission’s auction page here.  In all, 145 applicants…

The Commission today released its further Public Notice establishing the filing dates and adopting the procedures for the upcoming auction of 119 New FM Radio channels, scheduled to start on March 27, 2012.  The auction has been designated as FM Auction No. 93 and offers vacant FM allotments in various communities across the country.  Although the Commission removed four allotments…

Looking for opportunities for a new FM station?  The FCC has just released a list of new FM channels to be auctioned in the next FM auction, scheduled to begin on March 27, 2012, along with the proposed rules for that auction.  On the list of channels, the proposed minimum bid for each channel is also set out.  If the Commission follows the schedule used in prior auctions, we should expect that the deadline for the "short-form" application to participate in the auction (which basically contains information about the ownership of the applicant and a list of the channels in which they are interested) will be due in early 2012, likely sometime between January 1 and January 15, 2012.  The upfront payment of the necessary minimum bids would then likely be due around February 20, 2012 or so.  In another Notice of Proposed Rulemaking released late last week, the FCC also proposed to delete a number of FM channels that have gone unsold in previous auctions.

The construction permits for the new stations that will be available in the auction are spread all across the country.  Many are located in large western states including multiple channels in California, Colorado, Oklahoma and Texas, among other states.  But there are even opportunities in eastern states like Florida, Vermont and Virginia.  So, if you are interested in starting a station from scratch, look through this list of channels to see if there are opportunities for a construction permit for a new station in which you might be interested.  If you find something that might be interesting, you need to start your due diligence on each channel now, as the bidder is responsible for insuring that the channel for which they are bidding can be built and will serve the audience that the applicant expects.  If you win the auction and decide that you can’t really find a transmitter site, then you may well be on the hook for the full amount of the bid even if you don’t build the station.  And, if you are successful in the auction, you will have to have an available transmitter site to specify in your "long-form" application about a month after the end of the auction – an application which will specify all of the technical details of the new station.  So look at zoning issues, FAA considerations, coverage questions, and even whether technical details like the rural radio order limiting move-ins of FM stations from rural to more urban areas, may limit the potential economic value of the channel in which you are interested. Continue Reading Auction for New FM Stations Scheduled for March – Look for Filing Deadline Late This Year – FCC Also Proposes Deletion of Channels for Which No Bids Were Received

The FCC’s auction of 122 FM radio licenses came to a close last week with nearly a third of the licenses — 37 to be precise — remaining unsold at the closing hammer.  The outcome of the auction, which raised a net total of just $5.25 million on the sale of 85 licenses, may be…