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Auction 90

VHF Commercial Television

DateAuction 90 began on
 and closed on
(See Auction 90 Procedures Public Notice DA 10-2008 (pdf))
Construction Permits
Channel DTV 4 – Atlantic City, NJ (“MM-DTV012-4”)

Channel DTV 5 – Seaford, DE (“MM-DTV013-5”)
Two vacant allotments (6 MHz)

See Public Notice DA 10-2008 and 47 CFR § 73.622
6 MHz per construction permit
Winning Bidders1
Qualified Bidders3
Licenses Won2
Net Bids$2,631,200
Gross Bids$4,048,000
General information and associated licensing parameters are provided below. Public notices provide specific information regarding this auction. This fact sheet includes:

Key Dates

Comments Due
Reply Comments Due
Auction Tutorial Available (via Internet)
Form 175 (Short Form) Application Filing Window Opens
12/8/2010; 12:00 noon ET
Form 175 (Short Form) Application Filing Deadline
12/15/2010; prior to 6:00 p.m. ET
Upfront Payments Deadline
1/21/2011; 6:00 p.m. ET
Mock Auction
Auction Start
Auction Closed

Construction Permits Offered

Auction 90 will include two digital very high frequency (“VHF”) commercial digital television station construction permits. A list of the construction permits and their descriptions is provided in Attachment A to the Procedures Public Notice, DA 10-2008 (pdf).

Permissible Operations

A station in the television broadcast band transmitting simultaneous visual and aural digital signals intended to be received by the general public.

License Period and Construction Requirements

A winning bidder will be awarded a construction permit, rather than a “license.” Each construction permit for the construction of a new VHF commercial digital television station specifies a period of three years within which construction must be completed and a license application filed. See 47 C.F.R. § 73.3598. Broadcast station licenses are issued for eight year terms. See 47 C.F.R. § 73.1020(a).

New Entrant Bidding Credit

A New Entrant Bidding Credit will be available for this auction. See 47 C.F.R. § 73.5007(a). Eligibility and application requirements for the New Entrant Bidding Credit are specified in Public Notice DA 10-2008 (pdf) and Section 73.5007 of the Commission’s Rules. 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 applicant and its attributable interest holders:
Applicants 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 - December 15, 2010; 6:00 p.m. ET. Events occurring after the short-form application filing deadline, such as the acquisition of attributable interests in media of mass communications, may cause diminishment or loss of the bidding credit.

Due Diligence

Potential applicants are reminded that they are solely responsible for investigating and evaluating all technical and marketplace factors that may have a bearing on the value of the construction permits for broadcast facilities they are seeking in this auction. Bidders are responsible for assuring themselves that, if they win a construction permit, they will be able to build and operate facilities in accordance with the Commission’s rules. The FCC makes no representations or warranties about the use of this spectrum for particular services. Applicants should be aware that an FCC auction represents an opportunity to become an FCC construction permittee in a broadcast service, subject to certain conditions and regulations. An FCC auction does not constitute an endorsement by the FCC of any particular service, technology, or product, nor does an FCC construction permit or license constitute a guarantee of business success.
For more information, refer to Due Diligence in the Auction 90 Procedures Public Notice (DA 10-2008 (pdf)), released November 1, 2010.

Licensing Rules

47 C.F.R. Part 73.

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