Auction No. 62 will offer 171 construction permits in the FM Broadcast service for stations throughout the United States and the U.S. Virgin Islands. The construction permits to be auctioned include 171 new FM allotments, including 30 FM construction permits that were offered, but not sold, in Auction No. 37. These construction permits are for vacant FM allotments, reflecting FM channels assigned to the FM Table of Allotments, 47 C.F.R. § 73.202(b), pursuant to the Commission’s established rulemaking procedures, designated for use in the indicated communities.

Pursuant to the policies established in the Broadcast First Report and Order, applicants may apply for any vacant FM allotment as specified in Public Notice DA 05-1598, Attachment A; applicants specifying the same FM allotment will be considered mutually exclusive and, thus, the construction permit for the FM allotment will be awarded by competitive bidding procedures. For all mutually exclusive construction permits, the Commission proposes an electronic simultaneous multiple round auction.

FM Broadcast—A station employing frequency modulation in the FM broadcast band and licensed primarily for the transmission of radio telephone emissions intended to be received by the general public.

A winning bidder will be awarded a construction permit, rather than a “license.” Winning bidders will then be required, within a specified time period, to construct their facilities and file an application for a “license to cover construction permit” to obtain a license for the constructed facilities (see 47 C.F.R. § 73.3598). Licenses will be issued for an eight-year term.

A New Entrant Bidding Credit will be available for this auction. Eligibility and application requirements for New Entrant Bidding Credit are specified in Public Notice DA 05-1598. Applicants that qualify for the New Entrant Bidding Credit are eligible for a bidding credit that represents the amount by which a bidder’s winning bid is discounted. The size of a New Entrant Bidding Credit depends on the number of ownership interests in other media of mass communications that are attributable to the bidder-entity and its attributable interest-holders:

• A 35 percent bidding credit will be given to a winning bidder if it, and/or any individual or entity with an attributable interest in the winning bidder, has no attributable interest in any other media of mass communications;
• A 25 percent bidding credit will be given to a winning bidder if it, and/or any individual or entity with an attributable interest in the winning bidder, has an attributable interest in no more than three mass media facilities;
• No bidding credit will be given if any of the commonly owned mass media facilities serve the same area as the proposed broadcast station, or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, has attributable interests in more than three mass media facilities.

Bidders intending to divest a media interest or make any other ownership changes, such as resignation of positional interests, in order to avoid attribution for purposes of qualifying for the New Entrant Bidding Credit must have consummated such divestment transactions or have completed such ownership changes by no later than the short-form filing deadline (see “Key Dates”).

47 C.F.R. Parts 73.