- Posted by cba admin
- On November 20, 2015
On Thursday, the FCC today released a Public Notice with instructions for filing Form 177, the application for licensees of full-power and Class A TV stations to participate in the reverse auction. As a reminder, the FCC recently extended the application filing deadline, so the filing window now begins at noon Eastern Time on December 8, 2015 and runs until 6 p.m. Eastern Time on January 12, 2016. The auction itself, however, is still on track to begin March 29, 2016.
To access Form 177, applicants must use their FRN and associated password to log into the Auction System, accessible at http://auctions.fcc.gov/ (primary location) or http://auctions2.fcc.gov/ (secondary location). As detailed in Attachment 1 to the Public Notice, the Form requires applicants to (i) provide, among other things, basic information about their legal classification, contact information, and authorized bidders; (ii) identify one or more relinquishment options for each station; (iii) disclose information about their ownership structure; and (iv) make certain certifications.
If an applicant has entered into an executed channel sharing agreement as a sharee for the station(s) at issue, the applicant must upload at least two channel sharing attachments before submitting the application: (i) a channel sharer certification, and (ii) an unredacted copy of the executed channel sharing agreement. A Channel Sharer Certification for full-power station sharers is attached to the Public Notice as Attachment 2, and one for Class A station sharers is included as Attachment 3.
The Auction System will display both “error” and “warning” messages for each section of the Form prior to allowing an applicant to file. While the Form cannot be submitted with an uncorrected error message, the Auction System will allow applicants to proceed to the Certify & Submit screen even if the application has a warning message. The FCC cautions that applicants should not rely on their ability to certify and submit an application with a warning message as evidence that the FCC has approved the submission, and reminds applicants that the automated check may not catch all errors.
The FCC will allow you to make as many changes as you’d like to an application during the filing window, and will not consider information in your application until you click the CERTIFY & SUBMIT button. You can even withdraw a previously submitted application up until the close of the filing window. So while you should strive to get it right the first time, if at first you don’t succeed, try, try again (until 6 p.m. Eastern Time January 12)! And, if 22 pages of instructions aren’t helpful enough, you may want to check out the FCC’s reverse auction tutorial regarding the pre-auction process, which will be available online after, November 20, 2015 on the Auction 1001 website.
Jessica Nyman | Partner
Pillsbury Winthrop Shaw Pittman