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Auction 85

LPTV and TV Translator Digital Companion Channels

DateAuction 85 began on
 and closed on
Construction Permits
43* Low Power Television and TV Translator Digital Companion Channels
Specified frequencies from 54 MHz to 746 MHz (television channels 2-59)
See Public Notices DA 06-874 (pdf) and DA 08-1944 (pdf) and 47 CFR 73.606 and 73.622
6 MHz per digital companion channel
Winning Bidders19
Qualified Bidders27
Licenses Won30
Licenses Held By FCC13
Net Bids$134,725
Gross Bids$173,350
General information and associated licensing parameters are provided below. Public Notices provide specific information regarding this auction. This fact sheet includes:

Key Dates

Pre-Auction Seminar
6/12/2006 and 10/1/2008
Form 175 (Short Form) Application Filing Window Opens
6/19/2006; 09:00 am ET
Form 175 (Short Form) Application Filing Deadline
6/30/2006; 6:00 pm ET
Upfront Payments Deadline
10/10/2008; Before 6:00 pm ET
Mock Auction
Auction Start
Auction Closed

Construction Permits Offered

Auction 85 will offer 43* construction permits for specified LPTV, including Class A TV, and TV Translator digital companion channels. The construction permits to be auctioned are the subject of pending, mutually exclusive applications for the referenced broadcast services for which the Commission has not approved settlement agreements, dismissal requests or engineering amendments. Participation in this auction will be limited to those applicants for construction permits identified in Attachment A of Public Notice DA 08-1944 (pdf) (released September 2, 2008). Applicants will be eligible to bid only on the corresponding construction permits listed in Attachment A.
A complete list of construction permits for Auction 85 and their descriptions is provided in Attachment A of Public Notice DA 08-1944 (pdf).

Permissible Operations

LPTV (Secondary Service Television (SST)) - A station that may retransmit the programs and signals of a TV broadcast station and that may originate programming in any amount greater than 30 seconds per hour and/or operates a subscription service. Particular LPTV stations which meet specified criteria are accorded primary status as Class A television broadcast stations.
Television Translator (SST) – A station operated for the purpose of retransmitting the programs and signals of a television broadcast station, without significantly altering any characteristic of the original signal other than its frequency and amplitude, for the purpose of providing television reception to the general public.

License Period and Construction Requirements

A winning bidder, if its long-form application is granted, is awarded a construction permit, rather than a "license." A winning bidder is required, within 36 months to construct its facility and file an application for a "license to cover construction permits" to obtain a license for the constructed facility. (See 47 C.F.R. § 73.3598.) Initial licenses will be issued for a period running until the expiration date specified in section 73.1020 of the Commission rules for the state in which the proposal is located.

New Entrant Bidding Credits

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 06-874 (pdf). 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:
Attributable interests held by a winning bidder in existing low power television, television translator or FM translator facilities will not be counted among the winning bidder's "other mass media interests" in determining eligibility for a bidding credit.
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 application filing deadline, June 30, 2006.

Licensing Rules

47 C.F.R. Parts 73 and 74.
* With the removal of MX Group MX291 from Auction 85, (see Public Notice DA 08-2150 (pdf)), the number of construction permits was changed from 44 to 43.

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