The FCC has announced an auction of certain FM construction permits to commence on July 23, 2015. Designated as Auction 98, the auction will offer 131 construction permits for new non-reserved FM allotments, including 18 construction permits that were offered but not sold in prior auctions. Over half of the construction permits are located in Texas.
The list of allotments for which construction permits will be auctioned, and the proposed upfront payment/minimum opening bid amounts, are available here. Opening bids range from $500 to $75,000, with upper-end pricing generally indicating that that Commission has determined that the allotment has the potential for service to larger populations. While the FCC has not yet announced a deadline for filing initial applications, based on the July 23 auction date, such applications are likely to be due sometime in May, with upfront payments being due approximately a month before the start of the auction.
In anticipation of the auction, the FCC has imposed a freeze on the filing of any FM application that proposes to modify or fails to protect any of the allotments offered in Auction 98 and any rulemaking proposals that seek a change in the channel, class, community of license, or reference coordinates, or which fail to fully protect, any of the allotments.
Full information about the upcoming auction can be found in an FCC Public Notice available here.
If you would like more information about the Auction 98 proposed bidding procedures, or are interested in participating in Auction 98, please contact any attorney in our office.
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