FCC Seeks Comment on Procedures for Upcoming Auction of 130 FM CPs

The FCC will auction 130 construction permits for FM allotments beginning on April 28, 2020. A list of the available construction permits in the auction, known as Auction 106, is available here.

The FCC is currently seeking comments on the Auction 106 procedures, including:

· Conducting the auction using a simultaneous multiple-round auction format.

· Requiring bidders to submit upfront payments for specific construction permits as a prerequisite to qualifying for the auction, and then using the amount of the upfront payments to determine a participant’s bidding units, which measure bidding eligibility.

· Allowing a bidder to place bids on multiple construction permits, if the total number of bidding units for those permits does not exceed the bidder’s current eligibility.

· Requiring bidders to bid actively throughout the auction by implementing an “activity rule.” Bidders would be required to be active on a specific percentage of their current bidding eligibility during each round of the auction.

· Setting a minimum opening bid amount, but not separate reserve prices.

· Allowing a bidder to remove (or “unsubmit”) any bid placed prior to the close of a bidding round, but prohibiting a bidder from withdrawing a bid after the close of the round.

Comments are due November 6, 2019, with reply comments due November 20, 2019.

If you would like more information about Auction 106 or the proposed auction bidding procedures, please contact any attorney in our office.