20294 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

‘‘Lemon/lime subgroup 10–10B, oil,’’ isomers; 2-[2-(4-cyanophenyl)-1-[3- SUPPLEMENTARY INFORMATION: This is a ‘‘Melon subgroup 9A,’’ ‘‘Orange (trifluoromethyl) phenyl]ethylidene]-N- summary of the Auction 109 Procedures subgroup 10–10A,’’ and ‘‘Orange [4-(trifluoromethoxy)phenyl] Public Notice, released on April 1, 2021. subgroup 10–10A, oil’’ in alphabetical hydrazinecarboxamide) in or on the The complete text of the Auction 109 order; and following animal commodities: Procedures Public Notice, including ■ vii. Revise footnote 1; and attachments and any related document, ■ c. Add paragraph (a)(2). TABLE 2 TO PARAGRAPH (a)(2) are available on the Commission’s The additions and revisions read as website at www.fcc.gov/auction/109 or follows: Parts per by using the search function for AU Commodity million § 180.657 Metaflumizone; tolerances for Docket No. 21–39, DA 21–361, on the Commission’s Electronic Comment residues. Cattle, fat ...... 0.15 Filing System (ECFS) web page at (a) General. (1) Tolerances are Goat, fat ...... 0.15 www.fcc.gov/ecfs. Alternative formats established for residues of the Horse, fat ...... 0.15 are available to persons with disabilities insecticide metaflumizone, including its Milk, fat ...... 0.6 by sending an email to [email protected] metabolites and degradates, in or on the Sheep, fat ...... 0.15 or by calling the Consumer & commodities listed in table 1 to this Governmental Affairs Bureau at (202) paragraph (a)(1). Compliance with the * * * * * [FR Doc. 2021–07951 Filed 4–16–21; 8:45 am] 418–0530 (voice), (202) 418–0432 tolerance levels specified in this (TTY). paragraph (a)(1) is to be determined by BILLING CODE 6560–50–P measuring only the sum of I. General Information metaflumizone (E and Z isomers; 2-[2- 1. Introduction. By the Auction 109 FEDERAL COMMUNICATIONS (4-cyanophenyl)-1-[3-(trifluoromethyl) Procedures Public Notice, the Office of COMMISSION phenyl]ethylidene]-N-[4- Economics and Analytics (OEA), in (trifluoromethoxy)phenyl] 47 CFR Parts 1 and 73 conjunction with the Media Bureau hydrazinecarboxamide) and its (MB), establishes the procedures and { metabolite 4- 2-oxo-2-[3- [AU Docket No. 21–39; DA 21–361; FR ID minimum opening bid amounts for the } (trifluoromethyl) phenyl]ethyl - 21109] upcoming auction of certain AM and benzonitrile, calculated as the FM broadcast construction permits. stoichiometric equivalent of Auction of AM and FM Broadcast 2. On February 8, 2021, OEA, in metaflumizone, in or on the following Construction Permits Scheduled for conjunction with MB, released a public commodities: July 27, 2021; Notice of Filing notice seeking comment on competitive Requirements, Minimum Opening Bids, bidding procedures and minimum TABLE 1 TO PARAGRAPH (a)(1) Upfront Payments, and Other opening bid amounts to be used in Procedures for Auction 109 Auction 109. Three parties submitted Parts per comments in response to the Auction Commodity million AGENCY: Federal Communications Commission. 109 Comment Public Notice, 86 FR 12556, March 4, 2021. ACTION: Final action; requirements and 3. Construction Permits Offered in ***** procedures. Apple ...... 0.9 Auction 109. Auction 109 will offer four Apple, wet pomace ...... 3 SUMMARY: This document summarizes AM construction permits and 136 FM Coffee, green bean 1 ...... 0.15 the procedures, deadlines, and upfront construction permits. The construction payment and minimum opening bid permits to be auctioned are listed in ***** Attachment A to the Auction 109 Fruit, pome, group 11–10, ex- amounts for the upcoming auction of cept apple ...... 0.04 certain AM and FM broadcast Procedures Public Notice. Grape ...... 5 construction permits. The Auction 109 4. AM Construction Permits. Auction Grape, raisin ...... 13 Procedures Public Notice summarized 109 will offer four construction permits Grapefruit subgroup 10–10C .... 0.04 here is intended to familiarize potential in the AM broadcast service. Lemon/lime subgroup 10–10B 3 applicants with details of the Attachment A to the Auction 109 Lemon/lime subgroup 10–10B, procedures, terms, and conditions Procedures Public Notice lists the oil ...... 100 governing participation in Auction 109. community of license, channel, class, Melon subgroup 9A 1 ...... 1 and coordinates for each AM permit DATES: Applications to participate in being offered. ***** Auction 109 must be submitted before 5. The construction permits to be Orange subgroup 10–10A ...... 3 6:00 p.m. Eastern Time (ET) on May 11, auctioned are for four previously Orange subgroup 10–10A, oil .. 100 2021. Upfront payments for Auction 109 licensed AM stations: KFTK(AM), East must be received by 6:00 p.m. ET on ***** St. Louis, IL, former Facility ID No. June 16, 2021. Bidding in Auction 109 72815; WQQW(AM), Highland, IL, 1 There are no U.S. registrations for this is scheduled to start on July 27, 2021. former Facility ID No. 90598; commodity as of April 19, 2021. FOR FURTHER INFORMATION CONTACT: KZQZ(AM), St. Louis, MO, former (2) Tolerances are established for General Auction 109 Information: Facility ID No. 72391; and KQQZ(AM), residues of the insecticide FCC Auctions Hotline at 888–225–5322, Fairview Heights, IL, former Facility ID metaflumizone, including its option two; or 717–338–2868. No. 5281. The license renewals of each metabolites and degradates, in or on the Auction 109 Legal Information: Lynne of these former AM stations were commodities listed in table 2 to this Milne or Lyndsey Grunewald at 202– dismissed with prejudice in a hearing paragraph (a)(2). Compliance with the 418–0660. before the Commission’s Administrative tolerance levels specified in this Licensing Information: Lisa Scanlan Law Judge and the call signs deleted. paragraph (a)(2) is to be determined by or Tom Nessinger or James Bradshaw at 6. To facilitate the auction of the four measuring only metaflumizone (E and Z (202) 418–2700. AM permits, the four AM facilities will

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be treated as existing allotments, using commercial or NCE minor change Commission orders concerning the coordinates, AM station frequency application during the Auction 109 competitive bidding for broadcast and class, and community of license of short-form application filing window construction permits. Applicants must the respective AM facility as listed in from April 28, 2021, to May 11, 2021. also be thoroughly familiar with the Attachment A to the Auction 109 FM commercial and NCE minor change procedures, terms, and conditions Procedures Public Notice. The Media applications filed during the Auction contained in the Auction 109 Bureau has protected these four AM 109 short-form application filing Procedures Public Notice and any future stations by freezing the filing of any window will be dismissed. In addition, public notices that may be released in minor modification applications that MB has announced that, in order to this proceeding or that relate to the would be mutually exclusive with the promote a more certain and speedy construction permits being offered in facilities of the four AM stations. auction process, during a period that Auction 109 or the AM and FM Pursuant to that freeze, any AM minor started on February 8, 2021 and ending broadcast services. change application that conflicts with the day after the filing deadline for post- 13. The terms contained in the the most recently licensed facilities of Auction 109, long-form applications, it Commission’s rules, relevant orders, these four AM stations may not be filed will not accept any application and public notices are not negotiable. during a period that started on March proposing to modify any FM allotments The Commission may amend or 20, 2020, and ends the day after the that will be offered in Auction 109; any supplement the information contained filing deadline for long-form petition or counterproposal that in its public notices at any time, and applications by Auction 109 winning proposes a change in channel, class, will issue public notices to convey any bidders. Because protections only community, or reference coordinates for new or supplemental information to extend to the previously licensed any FM allotments that will be offered applicants. It is the responsibility of all facility parameters, any winning bidder in Auction 109; nor any application, applicants to remain current with all or permittee will be limited in its petition, or counterproposal that fails to Commission rules and with all public opportunities to modify these AM fully protect any FM allotment that will notices pertaining to this auction. permits. Due to the existence of these be offered in Auction 109. Any such Copies of most auctions-related technical limitations, preferred site application filed between February 8, Commission documents, including coordinates cannot be specified for any 2021 and the day after the filing public notices, can be retrieved from the of these AM construction permits. deadline for post-auction 109, long-form FCC Auctions internet site at 7. FM Construction Permits. Auction applications will be dismissed. www.fcc.gov/auctions. 109 will also offer 136 construction 10. OEA and MB declined to adopt 14. An applicant should consult the permits in the FM broadcast service. commenters’ suggestions to add certain Commission’s rules to ensure that, in The construction permits to be AM facilities and FM allotments to the addition to the materials described auctioned include all of the 130 FM Auction 109 inventory. below, all required information is permits that had previously been listed 11. An applicant may apply for any included in its short-form application. in the inventory for Auction 106, as well AM or FM construction permit listed in as six additional permits. The FM Attachment A to the Auction 109 To the extent the information in the construction permits offered in Auction Procedures Public Notice. Consistent Auction 109 Procedures Public Notice 109 include 34 construction permits with our approach in previous broadcast does not address a potential applicant’s that were offered but not sold or were service auctions, when two or more specific operating structure, or if the defaulted upon in prior auctions. short-form applications (FCC Form 175) applicant needs additional information 8. Attachment A to the Auction 109 are submitted specifying the same or guidance concerning the following Procedures Public Notice lists the permit, mutual exclusivity exists for disclosure requirements, the applicant specific vacant FM allotments for which auction purposes, and that construction should review the educational materials the Commission will offer construction permit must be awarded by competitive for Auction 109 and/or use the contact permits in this auction, along with the bidding procedures. As explained in the information provided in the Auction reference coordinates for each vacant Auction 109 Comment Public Notice, 109 Procedures Public Notice to consult FM allotment. These construction once mutual exclusivity exists for with Commission staff to better permits are for vacant FM allotments auction purposes, even if only one understand the information it must reflecting FM channels added to the applicant is qualified to bid for a submit in its short-form application. Table of FM Allotments, 47 CFR particular construction permit, that 15. General Information Regarding 73.202(b), pursuant to the Commission’s applicant is required to submit a bid in Short-Form Applications. An established rulemaking procedures, and order to obtain the construction permit. application to participate in Auction assigned at the indicated communities. 109, referred to as a short-form 9. Each applicant in the FM service II. Applying To Participate in Auction application or FCC Form 175, provides may submit a set of preferred site 109 information that the Commission uses to coordinates on its short-form 12. Relevant Authority. Auction 109 determine whether the applicant is application (FCC Form 175) as an applicants must familiarize themselves legally, technically, and financially alternative to the reference coordinates thoroughly with the Commission’s qualified to participate in Commission for the vacant FM allotment upon which general competitive bidding rules, auctions for licenses or permits. The the applicant intends to bid. In order to including Commission decisions in short-form application is the first part of avoid potential conflicts between, on proceedings regarding competitive the Commission’s two-phased auction the one hand, FM commercial and bidding procedures, application application process. In the first phase, noncommercial educational (NCE) requirements, and obligations of parties desiring to participate in the minor change applications, which can Commission licensees. Broadcasters auction must file a streamlined, short- typically be filed on a first-come first- should also familiarize themselves with form application in which they certify served basis, and, on the other hand, the Commission’s AM and FM broadcast under penalty of perjury as to their any alternative reference coordinates service and competitive bidding qualifications. Eligibility to participate submitted on an applicant’s short form requirements contained in part 73 of the in bidding is based on the applicant’s application, MB will not accept any FM Commission’s rules, as well as short-form application and

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certifications, and on its upfront Consistent with this requirement, a construction permit(s) or license(s) on payment, as explained below. broadcaster interested in bidding on which to bid or not to bid), or the post- 16. A party seeking to participate in more than one construction permit auction market structure, to which the Auction 109 must file a short-form cannot use two or more subsidiary applicant, or any party that controls or application electronically via the FCC’s entities to bid separately on is controlled by the applicant, is a party. Auction Application System prior to construction permits in separate In connection with the agreement 6:00 p.m. ET on May 11, 2021, following markets, regardless of whether each disclosure requirements, the applicant the FCC Form 175 Filing Instructions for subsidiary were to select different must certify under penalty of perjury in this auction in Attachment B to the construction permits on its short-form its FCC Form 175 that it has described, Auction 109 Procedures Public Notice. application. Likewise, if an entity, and identified each party to, any such All those wishing to participate in individual, or set of individuals hold agreement, arrangement, or Auction 109, regardless of whether they controlling interests in multiple entities understanding into which it has may have previously filed a short-form that are interested in participating in entered. An auction applicant that application for Auction 106, will be Auction 109, regardless of whether enters into any agreement during an required to file a new application to those entities have other, non-shared auction that relates to the permits or participate in Auction 109. controlling or non-controlling interests, licenses being auctioned is subject to 17. An applicant bears full those entities must participate in the the same disclosure obligations it would responsibility for submitting an auction through a single bidding entity have for agreements existing at the FCC accurate, complete, and timely short- and only that bidding entity may file an Form 175 filing deadline, and it must form application. An applicant must auction application. In that regard, the maintain the accuracy and completeness certify on its short-form application bidding entity must disclose in its short- of the information in its pending under penalty of perjury that it is form application any joint ventures or auction application. legally, technically, financially, and other agreements or arrangements with 24. The Commission’s rules generally otherwise qualified to hold a license. any commonly controlled, non- prohibit joint bidding and other Each applicant should read carefully the applicant entities related to bidding in arrangements involving auction instructions set forth in Attachment B to Auction 109. As noted by the applicants (including any party that the Auction 109 Procedures Public Commission in adopting the prohibition controls, or is controlled by, such Notice and should consult the of applications by commonly controlled applicants). For purposes of this Commission’s rules to ensure that, in entities, this rule, in conjunction with prohibition, joint bidding arrangements addition to the materials described the prohibition against joint bidding include arrangements relating to the below, all the information required is agreements, protects the permits being auctioned that address or included within its short-form competitiveness of our auctions. communicate, directly or indirectly, application. 21. Authorized Bidders. An applicant bidding at the auction, bidding 18. Submission of a short-form must designate at least one authorized strategies, including arrangements application (and any amendments bidder, and no more than three, in its regarding price or the specific permits thereto) constitutes a representation by FCC Form 175. The Commission’s rules on which to bid, and any such the certifying official that he or she is an prohibit an individual from serving as arrangements relating to the post- authorized representative of the an authorized bidder for more than one auction market structure. applicant, that he or she has read the auction applicant or being listed as an 25. To implement the prohibition on form’s instructions and certifications, authorized bidder in more than one FCC joint bidding arrangements, the and that the contents of the application, Form 175 application. Commission’s rules require each auction its certifications, and any attachments 22. Permit Selection. An applicant applicant to certify in its short-form are true and correct. Submission of a must select on its FCC Form 175 the application that it has disclosed any false certification to the Commission construction permit or permits, from the arrangements or understandings of any may result in penalties, including list of available permits, on which it kind relating to the permits or licenses monetary forfeitures, license forfeitures, wants to bid. An applicant must being auctioned to which it (or any ineligibility to participate in future carefully review and verify its party that controls or is controlled by it) auctions, and/or criminal prosecution. construction permit selections before is a party. The applicant must also 19. No individual or entity may file the deadline for submitting the FCC certify that it (or any party that controls more than one short-form application or Form 175, because those selections or is controlled by it) has not entered have a controlling interest in more than cannot be changed after the initial and will not enter into any arrangement one short-form application. If a party auction application filing deadline. The or understanding of any kind relating submits multiple short-form FCC auction bidding system will not directly or indirectly to bidding at applications for an auction, then only accept bids on construction permits that auction with, among others, any other one application may be the basis for that were not selected on the applicant’s applicant. party to become qualified to bid in that FCC Form 175. 26. Although the Commission’s rules auction. 23. Disclosure of Agreements and do not prohibit auction applicants from 20. Consistent with the Commission’s Bidding Arrangements. An applicant communicating about matters that are general prohibition of joint bidding must provide in its FCC Form 175 a within the scope of an excepted agreements, a party is generally brief description of, and identify each agreement that has been disclosed in an permitted to participate in a party to, any partnership, joint venture, FCC Form 175, the Commission reminds Commission auction only through a consortium, or agreement, arrangement, applicants that certain discussions or single bidding entity. Accordingly, the or understanding of any kind relating to exchanges could nonetheless touch filing of applications in Auction 109 by the AM and FM construction permits upon impermissible subject matters, and multiple entities controlled by the same being auctioned, including any that compliance with the Commission’s individual or set of individuals is not agreement that addresses or rules will not insulate a party from permitted. This restriction applies communicates directly or indirectly enforcement of the antitrust laws. across all applications, without regard bids (including specific prices), bidding 27. Applicants should bear in mind to the construction permits selected. strategies (including the specific that a winning bidder will be required

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to disclose in its long-form application Media Bureau prior to the FCC Form applicant may continue to communicate following the close of the auction the 175 filing deadline a petition for pursuant to any pre-existing agreements, specific terms, conditions, and parties declaratory ruling requesting arrangements, or understandings that involved in any agreement relating to Commission approval to exceed the are solely operational or that provide for the permits or licenses being auctioned applicable foreign ownership limit or transfer or assignment of licenses, into which it had entered prior to the benchmark in section 310(b) that is provided that such agreements, time bidding closed. This applies to any pending before, or has been granted by, arrangements, or understandings are joint venture, partnership, or other the Commission. disclosed on its application and do not agreement, arrangement, or 30. Prohibited Communication and both relate to the permits at auction and understanding of any kind entered into Compliance with Antitrust Laws. The address or communicate bids (including relating to the competitive bidding rules prohibiting certain amounts), bidding strategies, or the process, including any agreements communications set forth in particular permits or licenses on which relating to the permits being auctioned §§ 1.2105(c) and 73.5002(d) and (e) of to bid or the post-auction market that address or communicate directly or the rules apply to each applicant that structure. indirectly bids (including specific files an FCC Form 175 in Auction 109. 33. In addition to express statements prices), bidding strategies (including the Section 1.2105(c)(1) of the of bids and bidding strategies, the specific permits on which to bid or not Commission’s rules provides that, prohibition against communicating in to bid), or the post-auction market subject to specified exceptions, after the any manner includes public disclosures structure, to which the applicant, or any deadline for filing a short-form as well as private communications and party that controls or is controlled by application all applicants are prohibited indirect or implicit communications. the applicant, is a party. from cooperating or collaborating with Consequently, an applicant must take 28. Ownership Disclosure respect to, communicating with or care to determine whether its auction- Requirements. Each applicant must disclosing, to each other in any manner related communications may reach comply with the ownership disclosure the substance of their own, or each another applicant. requirements and provide information other’s, or any other applicant’s bids or 34. Parties subject to § 1.2105(c) required by §§ 1.2105 and 1.2112 and, bidding strategies (including post- should take special care in where applicable, 1.2110 of the auction market structure), or discussing circumstances where their officers, Commission’s rules. Specifically, in or negotiating settlement agreements, directors, and employees may receive completing the FCC Form 175, an until after the down payment deadline. information directly or indirectly applicant will be required to fully 31. Entities Subject to § 1.2105(c). An relating to any applicant’s bids or disclose information on the real applicant for purposes of this rule bidding strategies. Such information party(ies)-in-interest and the ownership includes the officers and directors of the may be deemed to have been received structure of the applicant, including applicant, all controlling interests in the by the applicant under certain both direct and indirect ownership entity submitting the FCC Form 175, as circumstances. For example, interests of 10% or more, as prescribed well as all holders of interests Commission staff have determined that, in §§ 1.2105 and 1.2112 and, where amounting to 10% or more of that where an individual serves as an officer applicable, 1.2110 of the Commission’s entity. A party that submits an or director for two or more applicants, rules. Each applicant is responsible for application becomes an applicant under the bids and bidding strategies of one ensuring that information submitted in the rule at the application filing applicant are presumed conveyed to the its short-form application is complete deadline, and that status does not other applicant through the shared and accurate. change based on later developments, officer or director, which creates an 29. Foreign Ownership Disclosure including failure to become a qualified apparent violation of the rule. Requirements. Section 310 of the bidder. 35. Subject to the exception described Communications Act of 1934, as 32. Scope of Prohibition on above, § 1.2105(c)(1) prohibits amended (the Act), 47 U.S.C. 310, Communications; Prohibition on Joint applicants from communicating with requires the Commission to review Bidding Agreements. Section 1.2105 of specified other parties only with respect foreign investment in radio station the Commission’s rules prohibits certain to their own, or each other’s, or any licenses and imposes specific communications between applicants for other applicant’s bids or bidding restrictions on who may hold certain an auction, regardless of whether the strategies. Moreover, a communication types of radio licenses. In its FCC Form applicants seek permits in the same conveying bids or bidding strategies 175, an applicant must report geographic area or market. The (including post-auction market citizenship or jurisdiction of formation Commission’s rules also prohibit any structure) must also relate to the for the applicant and for each joint bidding arrangement, including licenses being auctioned in order to be disclosable interest holder (DIH). In arrangements relating to the permits covered by the prohibition. Thus, the completing the FCC Form 175, an being auctioned, that address or prohibition is limited in scope and does applicant also will be required to certify communicate, directly or indirectly, not apply to all communications that it is in compliance with the foreign bidding at the auction, bidding between or among the specified parties. ownership provisions contained in strategies, including arrangements The Commission consistently has made section 310 of the Act. Section regarding price or the specific permits clear that application of the rule 1.2105(a)(2)(vi) specifies that the on which to bid, and any such prohibiting communications has never Commission will accept an auction arrangements relating to the post- required total suspension of essential application certifying that a request for auction market structure. The rule ongoing business. Entities subject to the waiver or declaratory ruling from the provides limited exceptions for a prohibition may negotiate agreements requirements of section 310 is pending. communication within the scope of any during the prohibition period, provided If an applicant has foreign ownership arrangement consistent with the that the communications involved do interests in excess of the applicable exclusion from the Commission’s rule not relate both (1) to the licenses or limit or benchmark specified in section prohibiting joint bidding, provided such permits being auctioned and (2) to bids 310(b), it may seek to participate in arrangement is disclosed on the or bidding strategies or post-auction Auction 109 if it has filed with the applicant’s auction application. An market structure.

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36. Accordingly, business discussions individual from any of the applicants following email address: auction109@ and negotiations that are unrelated to the individual advises. No person may fcc.gov. If you choose instead to submit bidding in Auction 109 and that do not serve as an authorized bidder for more a report in hard copy, contact Auctions convey information about the bids or than one applicant in Auction 109. Division staff for guidance at bidding strategies of an applicant, 39. Applicants also should use [email protected] or (202) 418–0660. including the post-auction market caution in their dealings with other 43. A party reporting any structure, are not prohibited by the rule. parties, such as members of the press, communication pursuant to § 1.65 or While § 1.2105(c) does not prohibit financial analysts, or others who might § 1.2105(a)(2) or (c)(4) must take care to business discussions and negotiations become conduits for the communication ensure that any report of a prohibited among auction applicants that are not of prohibited bidding information. For communication does not itself give rise auction related, each applicant must example, even though communicating to a violation of § 1.2105(c). For remain vigilant not to communicate, that it has applied to participate in this example, a party’s report of a prohibited directly or indirectly, information that auction will not violate the rule, an communication could violate the rule affects, or could affect, bids or bidding applicant’s statement to the press that it by communicating prohibited strategies. Certain discussions might intends to stop bidding in an auction information to other applicants through touch upon subject matters that could could give rise to a finding of a § 1.2105 the use of Commission filing procedures convey price or geographic information violation. Similarly, an FCC Form 175 that would allow such materials to be related to bidding strategies. Such applicant’s public statement of intent made available for public inspection. A subject areas include, but are not not to place bids during bidding in party seeking to report such a prohibited limited to, management, sales, local Auction 109 could also violate the rule. communication should consider marketing agreements, and other 40. Section 1.2105(c) Certification. By submitting its report with a request that transactional agreements. electronically submitting its FCC Form the report or portions of the submission 37. Communicating with Third 175, each applicant in Auction 109 be withheld from public inspection by Parties. Section 1.2105(c) does not certifies its compliance with following the procedures specified in 47 prohibit an applicant from §§ 1.2105(c) and 73.5002(d) of the rules. CFR 0.459. Such parties also are communicating bids or bidding However, the mere filing of a certifying encouraged to coordinate with the strategies to a third-party, such as a statement as part of an application will Auctions Division staff about the consultant or consulting firm, counsel, not outweigh specific evidence that a procedures for submitting such reports. or lender. The applicant should take prohibited communication has 44. Winning Bidders Must Disclose appropriate steps, however, to ensure occurred, nor will it preclude the Terms of Agreements. Each applicant that any third party it employs for initiation of an investigation when that is a winning bidder will be required advice pertaining to its bids or bidding warranted. Any applicant found to have to disclose in its long-form application strategies does not become a conduit for violated these communication the specific terms, conditions, and prohibited communications to other prohibitions may be subject to parties involved in any agreement specified parties, as that would violate sanctions. relating to the competitive bidding the rule. For example, an applicant 41. Duty to Report Prohibited process it has entered into. Such might require a third party, such as a Communications. Section 1.2105(c)(4) agreements must have been entered into lender, to sign a non-disclosure requires that any applicant that makes prior to the filing deadline for short- agreement before the applicant or receives a communication that form applications. This disclosure communicates any information appears to violate § 1.2105(c) must requirement applies to any bidding regarding bids or bidding strategy to the report such communication in writing consortia, joint venture, partnership, or third party. Within third-party firms, to the Commission immediately, and in agreement, understanding, or other separate individual employees, such as no case later than five business days arrangement entered into relating to the attorneys or auction consultants, may after the communication occurs. Each competitive bidding process, including advise individual applicants on bids or applicant’s obligation to report any such any agreement relating to the post- bidding strategies, so long as such firms communication continues beyond the auction market structure. Failure to implement firewalls and other five-day period after the communication comply with the Commission’s rules compliance procedures that prevent is made, even if the report is not made can result in enforcement action. such individuals from communicating within the five-day period. 45. Antitrust Laws. Regardless of the bids or bidding strategies of one 42. Procedures for Reporting compliance with the Commission’s applicant to other individuals Prohibited Communications. Section rules, applicants remain subject to the representing separate applicants. 1.2105(c) requires parties to file only a antitrust laws, which are designed to Although firewalls and/or other single report concerning a prohibited prevent anticompetitive behavior in the procedures should be used, their communication and to file that report marketplace. Compliance with the existence is not an absolute defense to with Commission personnel expressly disclosure requirements of § 1.2105(c) liability if a violation of the rule has charged with administering the will not insulate a party from occurred. Commission’s auctions. This rule is enforcement of the antitrust laws. To the 38. Applicants may discuss the short- designed to minimize the risk of extent the Commission becomes aware form application or bids for specific inadvertent dissemination of of specific allegations that suggest that permits with their counsel, consultant, information in such reports. Any reports violations of the Federal antitrust laws or expert of their choice before the required by § 1.2105(c) must be filed may have occurred, the Commission short-form application deadline. consistent with the instructions set forth may refer such allegations to the United Furthermore, the same third-party in the Auction 109 Procedures Public States Department of Justice for individual could continue to give advice Notice. For Auction 109, such reports investigation. If an applicant is found to to multiple applicants regarding their must be filed with the Chief of the have violated the antitrust laws or the applications after the short-form Auctions Division, OEA, by the most Commission’s rules in connection with application deadline, provided that no expeditious means available. Any such its participation in the competitive information pertaining to bids or report should be submitted by email to bidding process, it may be subject to bidding strategies is conveyed to that the Auctions Division Chief at the forfeiture of its upfront payment, down

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payment, or full bid amount, and may receive either the 25% or the 35% asset value of the applicant, even if such be prohibited from participating in bidding credit, but not both. an interest is non-voting. future auctions, among other sanctions. 50. The interests of the applicant, and 54. Generally, media interests will be 46. New Entrant Bidding Credits. To of any individuals or entities with an attributable for purposes of the New promote the objectives of section 309(j) attributable interest in the applicant, in Entrant Bidding Credit to the same of the Act and further its long-standing other media of mass communications extent that such other media interests commitment to the diversification of are considered when determining an are considered attributable for purposes broadcast facility ownership, the applicant’s eligibility for the New of the broadcast multiple ownership Commission provides a tiered new Entrant Bidding Credit. Attributable rules. However, attributable interests entrant bidding credit for broadcast interests are defined in 47 CFR 73.3555 held by a winning bidder in existing auction applicants with no, or very few, and note 2 of that section. In Auction low power television, television other media interests. 109, the bidder’s attributable interests, translator or FM translator facilities will 47. The Auction 109 Procedures and thus, its maximum new entrant not be counted among the applicant’s Public Notice explains why OEA and bidding credit eligibility, are other mass media interests in MB are unable to establish for Auction determined as of the short-form determining its eligibility for a New 109 a bidding credit for a party that had application filing deadline. An Entrant Bidding Credit. A medium of successfully petitioned for a vacant FM applicant intending to divest a media mass communications is defined in 47 channel to be added to the FM Table of interest or make any other ownership CFR 73.5008(b). Full service Allotments, as suggested by a change, such as resignation of positional noncommercial educational stations, on commenter. interests (officer or director) in order to both reserved and non-reserved 48. Applicants that qualify for the avoid attribution for purposes of channels, are included among media of new entrant bidding credit are eligible qualifying for the New Entrant Bidding mass communications as defined in for a bidding credit in this auction that Credit, must have consummated such § 73.5008(b). represents the amount by which a divestment transactions or have 55. Application Requirements. If an bidder’s winning bid is discounted. The completed such ownership changes by applicant claims eligibility for a bidding size of a new entrant bidding credit no later than the FCC Form 175 filing credit, the information provided in its depends on the number of ownership FCC Form 175 will be used to determine deadline. However, events occurring interests in other media of mass whether the applicant is eligible for the after the short-form application filing communications that are attributable to claimed bidding credit. In addition to deadline, such as the acquisition of the bidder-entity and its attributable the ownership information required attributable interests in media of mass interest-holders. A 35% bidding credit pursuant to §§ 1.2105 and 1.2112, communications, may cause will be given to a winning bidder if it, applicants seeking a New Entrant diminishment or loss of the bidding and/or any individual or entity with an Bidding Credit are required to establish credit and, must be reported attributable interest in the winning on their short-form applications that immediately. bidder, has no attributable interest in they satisfy the eligibility requirements any other media of mass 51. Under broadcast attribution rules, to qualify for the bidding credit. In those communications, as defined in 47 CFR those entities or individuals with an cases, a certification under penalty of 73.5008. A 25% bidding credit will be attributable interest in a bidder include: perjury must be provided in completing given to a winning bidder if it, and/or (1) All officers and directors of a the short-form application. An applicant any individual or entity with an corporate bidder; (2) any owner of 5% claiming that it qualifies for a 35% New attributable interest in the winning or more of the voting stock of a Entrant Bidding Credit must certify that bidder, has an attributable interest in no corporate bidder; (3) all general partners neither it nor any of its attributable more than three mass media facilities, as and limited partners of a partnership interest holders has any attributable defined in 47 CFR 73.5008. No bidding bidder, unless the limited partners are interests in any other media of mass credit will be given if any of the sufficiently insulated; and (4) all communications. An applicant claiming commonly owned mass media facilities members of a limited liability company, that it qualifies for a 25% New Entrant serve the same area as the broadcast unless sufficiently insulated. Bidding Credit must certify that neither permit proposed in the auction, as 52. In cases where an applicant’s it nor any of its attributable interest defined in 47 CFR 73.5007(b), or if the spouse or close family member holds holders has any attributable interests in winning bidder, and/or any individual other media interests, such interests are more than three media of mass or entity with an attributable interest in not automatically attributable to the communications, and must identify and the winning bidder, has attributable bidder. The Commission decides describe such media of mass interests in more than three mass media attribution issues in this context based communications. facilities. For purposes of determining on certain factors traditionally 56. Unjust Enrichment. Unjust whether a broadcast permit offered in considered relevant. enrichment provisions apply to a this auction is in the same area as an 53. The eligibility standards for the winning bidder that utilizes a bidding applicant’s existing mass media New Entrant Bidding Credit include credit and subsequently seeks to assign facilities, the coverage area of the to-be- attribution of the media interests held or transfer control of its license or auctioned facility is calculated using by very substantial investors in, or construction permit to an entity not maximum class facilities at the AM creditors of, an applicant claiming new qualifying for the same level of bidding construction permit coordinates or the entrant status. Specifically, the credit. FM allotment reference coordinates attributable mass media interests held 57. Former and Current Defaulters. specified in Attachment A to the by an individual or entity with an Pursuant to the rules governing Auction 109 Procedures Public Notice, equity and/or debt interest in an competitive bidding, each applicant not, based on any applicant-specified applicant shall be attributed to that must make certifications regarding preferred site coordinates for FM bidder for purposes of determining its whether it is a current or former allotments. eligibility for the New Entrant Bidding defaulter or delinquent. A current 49. Bidding credits are not Credit, if the equity and debt interests, defaulter or delinquent is not eligible to cumulative; qualifying applicants in the aggregate, exceed 33% of the total participate in Auction 109. Accordingly,

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each applicant must certify under Commission’s adoption of the red light stations. For this reason, each penalty of perjury on its FCC Form 175 rule does not alter the applicability of prospective applicant in this auction that, as of the filing deadline, the any of its competitive bidding rules, should consider carefully whether it applicant, any of its affiliates, any of its including the provisions and wishes to propose NCE operation for controlling interests, and any of the certifications of §§ 1.2105 and 1.2106, any AM or FM station acquired in this affiliates of its controlling interests are with regard to current and former auction. This NCE election cannot be not in default on any payment for a defaults or delinquencies. reversed after the initial application Commission construction permit or 61. The Commission’s Red Light filing deadline. license (including down payments), and Display System, which provides 64. Only Minor Modifications to FCC that they are not delinquent on any non- information regarding debts currently Form 175 Allowed. After the initial tax debt owed to any Federal agency. owed to the Commission, may not be application filing deadline, an applicant 58. An applicant is considered a determinative of an auction applicant’s will be permitted to make only minor former defaulter or a former delinquent ability to comply with the default and modifications to its short-form when it or any of its controlling delinquency disclosure requirements of application. Examples of minor changes interests has defaulted on any § 1.2105. Thus, while the red light rule include the deletion or addition of Commission construction permit or ultimately may prevent the processing authorized bidders (to a maximum of license or has been delinquent on any of long-form applications by auction three), revision of addresses and non-tax debt owed to any Federal winners, an auction applicant’s lack of telephone numbers of the applicant, its agency, but has since remedied all such current red light status is not necessarily responsible party, and its contact defaults and cured all of the outstanding determinative of its eligibility to person, or change in the applicant’s non-tax delinquencies, as of the FCC participate in an auction (or whether it selected bidding option (electronic or Form 175 filing deadline. A former may be subject to an increased upfront telephonic). A major modification to an defaulter or delinquent who has payment obligation). Moreover, any FCC Form 175 (e.g., change of remedied all such defaults and cured all long-form applications filed after the construction permit selection, change in of the outstanding non-tax close of bidding will be reviewed for the required certifications, change in delinquencies prior to the FCC Form compliance with the Commission’s red control of the applicant such as any 175 filing deadline in this auction may light rule, and such review may result change in ownership or control that participate so long as it is otherwise in the dismissal of a winning bidder’s would constitute an assignment or qualified, if the applicant makes an long-form application. Each applicant transfer of control of the applicant) will upfront payment that is 50% more than should carefully review all records and not be permitted after the initial FCC would otherwise be required. For this other available Federal agency databases Form 175 filing deadline. If an applicant reason, an applicant must certify under and information sources to determine makes a major amendment, as defined penalty of perjury whether it (along whether the applicant, or any of its by § 1.2105(b)(2), the major amendment with any of its controlling interests) has affiliates, or any of its controlling may result in the disqualification of the ever been in default on any payment for interests, or any of the affiliates of its applicant from participating in bidding. a Commission construction permit or controlling interests, currently owes or Questions about FCC Form 175 license (including a down payment) or was ever delinquent in the payment of amendments should be directed to the has ever been delinquent on any non-tax non-tax debt owed to any Federal Auctions Division at (202) 418–0660. debt owed to any Federal agency, agency. 65. Duty to Maintain Accuracy and subject to the exclusions described in 47 62. Optional Applicant Status Completeness of FCC Form 175. Each CFR 1.2105(a)(2)(xii). Identification. An applicant owned by applicant has a continuing obligation to 59. Applicants should review members of minority groups and/or maintain the accuracy and completeness previous guidance provided on default women, as defined in § 1.2110(c)(3), or of information furnished in its pending and delinquency disclosure that is a rural telephone company, as application in a competitive bidding requirements in the context of the defined in § 1.2110(c)(4), may identify proceeding. An auction applicant must auction short-form application process. itself as such in filling out its FCC Form furnish additional or corrected Applicants also may consult with 175. This applicant status information is information to the Commission within Auctions Division staff if they have optional and collected for statistical five days after a significant occurrence, questions about delinquency or default purposes only because it assists the or amend its FCC Form 175 no more disclosure requirements. Commission in monitoring the than five days after the applicant 60. The Commission considers participation of various groups in its becomes aware of the need for the outstanding debts owed to the United auctions. amendment. In accordance with the States Government, in any amount, to be 63. Noncommercial Educational Commission’s rules, an applicant’s a serious matter. The Commission Status Election. If an FCC Form 175 obligation to make modifications to a adopted rules, including a provision filed during the Auction 109 filing pending auction application in order to referred to as the red light rule, that window identifying the application’s provide additional or corrected implement its obligations under the proposed station as noncommercial information continues beyond the five- Debt Collection Improvement Act of educational (NCE) is mutually exclusive day period, even if the report is not 1996, which governs the collection of with any application filed during that made within the five-day period. An debts owed to the United States. Under window for a commercial station, the applicant is obligated to amend its the red light rule, applications and other NCE application will be returned as pending application even if a reported requests for benefits filed by parties that unacceptable for filing and the applicant change is considered to be a major have outstanding debts owed to the will not be provided with any further modification that may result in the Commission will not be processed. opportunity to become eligible to bid in dismissal of its application. When adopting that rule, the this auction. Short-form applications 66. Modifying an FCC Form 175. Commission explicitly declared, that do not identify the facilities During the initial filing window, an however, that its competitive bidding proposed in the FCC Form 175 as NCE applicant will be able to make any rules are not affected by the red light will be considered, as a matter of law, necessary modifications to its FCC Form rule. As a consequence, the applications for commercial broadcast 175 in the Auction Application System.

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An applicant that has certified and applicable technical and legal to which such matters may affect their submitted its FCC Form 175 before the requirements. For example, potential ability to bid on, otherwise acquire, or close of the initial filing window may applicants should note the short-spacing make use of the construction permits continue to make modifications as often restrictions for FM allotment MM– available in Auction 109. Each potential as necessary until the close of that FM1192–B, Channel 300B, at bidder is responsible for undertaking window; however, the applicant must Sacramento, California. Each applicant research to ensure that any permits won re-certify and re-submit its FCC Form should inspect any prospective in this auction will be suitable for its 175 before the close of the initial filing transmitter sites located in, or near, the business plans and needs. Each window to confirm and effect its latest service area for which it plans to bid, to potential bidder must undertake its own application changes. After each confirm the availability of such sites, assessment of the relevance and submission, a confirmation page will be and to familiarize itself with the importance of information gathered as displayed stating the submission time Commission’s rules regarding any part of its due diligence efforts. and submission date. Additional applicable Federal, state, and local 73. The Commission makes no information on the procedures for requirements. representations or guarantees regarding modifying an FCC Form 175 appear in 70. The Media Bureau has protected the accuracy or completeness of Attachment B to the Auction 109 the parameters of the four previously- information in its databases or any Procedures Public Notice. licensed AM stations that were on the third-party databases, including, for 67. As with filing the FCC Form 175, relevant frequencies in the St. Louis example, court docketing systems. To any amendment(s) to the application area. Because protections only extend to the extent the Commission’s databases and related statements of fact must be those previously licensed station may not include all information deemed certified by an authorized representative parameters, the winning bidders will be necessary or desirable by an applicant, of the applicant with authority to bind limited in their opportunities to modify it must obtain or verify such the applicant. Submission of any such these AM construction permits. For information from independent sources amendment or related statement of fact example, to the extent that any of these or assume the risk of any constitutes a representation by the four previously licensed stations had incompleteness or inaccuracy in said person certifying that he or she is an contour overlap with nearby stations in databases. Furthermore, the authorized representative with such violation of § 73.37 or § 73.187 of the Commission makes no representations authority and that the contents of the rules, the winning bidder for that AM or guarantees regarding the accuracy or amendment or statement of fact are true construction permit will be limited to completeness of information that has and correct. the parameters of the previously been provided by incumbent licensees licensed station on that frequency, and and incorporated into its databases. III. Preparing for Bidding in Auction will not be permitted to make such 74. Bidder Education—Online 109 overlap worse. Furthermore, to the Tutorial on Auction Process. An 68. Due Diligence. Each potential extent that any of the four previously educational auction tutorial is available bidder is solely responsible for licensed AM stations exceeded the root- on the Auction 109 web page. This investigating and evaluating all sum-square (RSS) contribution limits in online tutorial provides information technical and marketplace factors that § 73.182 of the rules, a winning bidder about pre-auction procedures, the FCC may have a bearing on the value of the will be limited to the nighttime RSS auction application system, completing construction permit(s) it is seeking in contributions of the previously-licensed short-form applications, auction this auction. The FCC makes no St. Louis area AM station. Generally, a conduct, the FCC auction bidding representations or warranties about the winning bidder may avail itself of any system, auction rules, and broadcast use of this spectrum or these grandfathered situation involving the services rules. The online auction construction permits for particular relevant previously licensed St. Louis tutorial is accessible on the Education services. Applicants should be aware area AM station. tab of the Auction 109 website at that an FCC auction represents an 71. Each applicant should continue to www.fcc.gov/auction/109. This tutorial opportunity to become an FCC conduct its own research throughout will remain available and accessible permittee in a broadcast service, subject Auction 109 in order to determine the anytime for reference in connection to certain conditions and regulations. existence of pending or future with the procedures outlined in the This includes the established authority administrative or judicial proceedings Auction 109 Procedures Public Notice. of the Commission to alter the terms of that might affect its decision to continue 75. Short-Form Application Filing existing licenses by rulemaking, which participating in the auction. Each Deadline. In order to be eligible to bid is equally applicable to licenses Auction 109 applicant is responsible for in Auction 109, in addition to other awarded by auction. An FCC auction assessing the likelihood of the various requirements, an applicant must first does not constitute an endorsement by possible outcomes and for considering follow the procedures to submit a short- the FCC of any particular service, the potential impact on construction form application (FCC Form 175) for the technology, or product, nor does an FCC permits available in this auction. The relevant auction electronically via the construction permit or license constitute due diligence considerations mentioned FCC Auction Application System, a guarantee of business success. in the Auction 109 Procedures Public following the instructions set forth in 69. An applicant should perform its Notice do not comprise an exhaustive Attachment B to the Auction 109 due diligence research and analysis list of steps that should be undertaken Procedures Public Notice. The short- before proceeding, as it would with any prior to participating in this auction. As form application will become available new business venture. In particular, always, the burden is on the potential with the opening of the initial filing each potential bidder should perform bidder to determine how much research window and must be submitted prior to technical analyses and/or refresh its to undertake, depending upon specific 6:00 p.m. ET on May 11, 2021. Late previous analyses to assure itself that, facts and circumstances related to its applications will not be accepted. No should it become a winning bidder for interests. filing fee is required to be paid at the any Auction 109 construction permit, it 72. Applicants are solely responsible time of filing a short-form application. will be able to build and operate for identifying associated risks and for 76. Applications may be filed at any facilities that will fully comply with all investigating and evaluating the degree time beginning at noon ET on April 28,

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2021, until the filing window closes at corrected any identified deficiencies) transfer information is specified in the 6:00 p.m. ET on May 11, 2021. and make a timely and sufficient Making Upfront Payments by Wire Applicants are strongly encouraged to upfront payment. Qualified bidders will Transfer section of the Auction 109 file early and are responsible for be identified by public notice at least 10 Procedures Public Notice. allowing adequate time to file their days prior to the mock auction. 84. Each applicant is responsible for applications. There are no limits or 79. After the application filing ensuring timely submission of its restrictions on the number of times an deadline on May 11, 2021, applicants upfront payment and for timely filing of application can be updated or amended can make only minor corrections or an accurate and complete Form 159. To until the initial filing deadline on May updates to their applications. They will avoid untimely payments, an applicant 11, 2021. not be permitted to make major should discuss arrangements and 77. An applicant must always click on modifications. deadlines with its financial institution the CERTIFY & SUBMIT button on the 80. Commission staff will (including that financial institution’s Certify & Submit screen to successfully communicate only with an applicant’s specific wire transfer requirements) submit its FCC Form 175 and any contact person or certifying official, as several days before they plan to make modifications; otherwise the application designated on the short-form the wire transfer, and well ahead of the or changes to the application will not be application, unless the applicant’s due date, as well as allowing sufficient received or reviewed by Commission certifying official or contact time for the wire transfer to be initiated staff. Additional information about representative notifies the Commission and completed prior to the deadline. accessing, completing, and viewing the in writing that applicant’s counsel or The Commission repeatedly has FCC Form 175 is included in other representative is authorized to cautioned auction participants about the Attachment B to the Auction 109 speak on behalf of the applicant. importance of planning ahead to Procedures Public Notice. Applicants Authorizations may be sent by email to prepare for unforeseen last-minute requiring technical assistance should [email protected]. difficulties in making payments by wire contact FCC Auctions Technical 81. Public Notice of Final Application transfer. Each applicant is responsible Support at (877) 480–3201, option nine; Status After Upfront Payment Deadline. for obtaining confirmation from its (202) 4141250; or (202) 414–1255 (text After Commission staff review financial institution that its wire telephony (TTY)). Hours of service are resubmitted applications for Auction transfer to the U.S. Treasury was Monday through Friday, from 8:00 a.m. 109 and evaluate upfront payment successful and from Commission staff to 6:00 p.m. ET. In order to provide submissions, Commission staff will that its upfront payment was timely better service to the public, all calls to release a public notice identifying received and that it was deposited into Technical Support are recorded. applicants that have become qualified the proper account. As a regulatory 78. Correction of Application bidders. A public notice announcing requirement, the U.S. Treasury screens Deficiencies by Minor Modifications. qualified bidders will be issued before all payments from all financial After the deadline for filing auction bidding in the auction begins. Qualified institutions before deposits are made applications, Commission staff will bidders are those applicants with available to specified accounts. If wires review all timely submitted applications submitted FCC Forms 175 that are are suspended, the U.S. Treasury may for Auction 109 to determine whether deemed timely filed and complete, and direct questions regarding any transfer each applicant has complied with the which have made a timely and to the financial institution initiating the application requirements and whether it sufficient upfront payment (as described wire. Each applicant must take care to has provided all required information below). assure that any questions directed to its concerning its qualifications for 82. Upfront Payments. In order to be financial institution(s) are addressed bidding. After this review is completed, eligible to bid in this auction, a promptly. To receive confirmation from OEA and MB will issue a public notice sufficient upfront payment and a Commission staff requesting receipt and announcing applicants’ initial complete and accurate FCC Remittance deposit of wire transfers, contact Scott application status by identifying (1) Advice Form (FCC Form 159, February Radcliffe of the Office of Managing those that are complete; (2) those that 2003 edition) must be submitted before Director’s Revenue & Receivables are rejected; and (3) those that are 6:00 p.m. ET on June 16, 2021, Operations Group/Auctions at (202) incomplete or deficient because of following the procedures outlined 418–7518, or Theresa Meeks at (202) minor defects that may be corrected. below and the instructions in 418–2945. This public notice also will establish an Attachment C to the Auction 109 85. Failure to deliver a sufficient application resubmission filing window, Procedures Public Notice. After upfront payment as instructed in the during which an applicant may make completing its short-form application, Auction 109 Procedures Public Notice permissible minor modifications to its an applicant will have access to an by the 6:00 p.m. deadline on June 16, application to address identified electronic version of the FCC Form 159. 2021, will result in dismissal of the deficiencies. The public notice will This FCC Form 159 can be printed and short-form application and include the deadline for resubmitting the completed form must be sent by fax disqualification from participation in corrected applications, and a paper copy to the FCC at (202) 418–2843, or by the auction. will be sent by overnight delivery to the email to [email protected]. 86. Completing and Submitting FCC contact address listed in the FCC Form 83. Making Upfront Payments by Wire Form 159. An accurate and complete 175 for each applicant. In addition, each Transfer. All upfront payments must be FCC Form 159 (February 2003 edition) applicant with an incomplete made by wire transfer. No other must be sent to the FCC to accompany application will be sent information on payment method is acceptable. All each upfront payment. At least one hour the nature of the deficiencies in its payments must be made in U.S. dollars. before placing the order for the wire application, along with the name and Upfront payments for Auction 109 go to transfer (but on the same business day), phone number of a Commission staff a U.S. Treasury account number specific applicants must fax a completed Form member who can answer questions to Auction 109 and different from the 159 to the FCC at (202) 418–2843. specific to the application. To become a accounts used in previous FCC auctions. Alternatively, the completed form can qualified bidder, an applicant must have Do not use a beneficiary account be scanned and sent as an attachment to a complete application (i.e., have timely number from a previous auction. Wire an email to [email protected].

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On the fax cover sheet, write: Wire on or hold provisionally winning bids respond to a request for replacement Transfer—Auction Payment for Auction on) in any single round, and submit an registration materials from anyone other 109. upfront payment amount covering that than the authorized bidder, contact 87. Upfront Payments and Bidding number of bidding units. In order to person, or certifying official listed on Eligibility. OEA and MB adopted the make this calculation, an applicant the applicant’s FCC Form 175. Receipt upfront payment amount proposed for should add together the bidding units of this registration mailing is critical to each construction permit in Attachment for all construction permits on which it participating in the auction, and each A of the Auction 109 Comment Public seeks to be active in any given round. qualified bidder is responsible for Notice, except that the upfront payment Applicants should check their ensuring it has received all of the amount for Allotment MM–FM1237–C1, calculations carefully, as there is no registration materials. Big Lake, Texas is reduced because the provision for increasing a bidder’s 94. In the event that SecurID® tokens minimum opening bid for that permit eligibility after the upfront payment are lost or damaged, only a person who should be lower than the amount deadline. has been designated as an authorized initially proposed, as discussed below. 91. An applicant that is a former bidder, the contact person, or the The specific upfront payment amounts defaulter, as described above, must pay certifying official on the applicant’s and bidding units for each construction an upfront payment 50% greater than short-form application may request permit in Auction 109 are specified in that required of an applicant that is not replacements. To request replacement of Attachment A to the Auction 109 a former defaulter. For purposes of this these items, call the Auction Bidder Procedures Public Notice. rule, defaults and delinquencies of the Line at the telephone number provided 88. An applicant must make an applicant itself and its controlling in the registration materials or the upfront payment sufficient to obtain interests are included. If an applicant is Auctions Hotline at (717) 338–2868. bidding eligibility on the construction a former defaulter, it must calculate its 95. The SecurID® tokens can be permits on which it will bid. OEA and upfront payment for all of its selected recycled, and bidders should return the MB proposed in the Auction 109 construction permits by multiplying the tokens to the FCC. Pre-addressed Comment Public Notice that the amount number of bidding units on which it envelopes will be provided to return the of the upfront payment would wishes to be active (bid on or hold tokens once bidding in the auction has determine a bidder’s initial bidding provisionally winning bids on) during a ended. eligibility, the maximum number of given round by 1.5. In order to calculate 96. Remote Electronic Bidding via the bidding units on which a bidder may the number of bidding units to assign to FCC Auction Bidding System. The place bids in any single round. Under former defaulters, the Commission will Commission will conduct this auction that proposal, in order to bid on a divide the upfront payment received by over the internet, and telephonic particular construction permit, a 1.5 and round the result up to the bidding will be available as well. Only qualified bidder must have selected the nearest bidding unit. If an applicant qualified bidders are permitted to bid. construction permit on its FCC Form fails to submit a sufficient upfront Each applicant should indicate its 175 and must have a current eligibility payment to establish eligibility to bid on bidding preference—electronic or level that meets or exceeds the number at least one of the construction permits telephonic—on its FCC Form 175. In of bidding units assigned to that selected on its FCC Form 175, the either case, each authorized bidder must construction permit. At a minimum, applicant will not be eligible to have its own SecurID® token, which the therefore, an applicant’s total upfront participate in bidding in the auction. Commission will provide at no charge. payment must be enough to establish This applicant will retain its status as an Each qualified bidder will be issued eligibility to bid on at least one of the applicant in Auction 109 and will three SecurID® tokens. For security construction permits selected on its FCC remain subject to 47 CFR 1.2105(c), purposes, the SecurID® tokens, bidding Form 175, or else the applicant will not 73.5002(d). system web address, FCC assigned be qualified to participate in the 92. Auction Registration. All qualified username, and the telephonic bidding auction. An applicant does not have to bidders for Auction 109 are telephone number are only mailed to make an upfront payment to cover all automatically registered for the auction. the contact person at the contact address construction permits the applicant Registration materials will be listed on the FCC Form 175. Each selected on its FCC Form 175, but only distributed prior to the auction by SecurID® token is tailored to a specific enough to cover the maximum number overnight mail. The mailing will be sent auction. SecurID® tokens issued for of bidding units that are associated with only to the contact person at the contact other auctions or obtained from a source construction permits on which they address listed in the FCC Form 175 and other than the FCC will not work for wish to place bids and hold will include the SecurID® tokens that Auction 109. provisionally winning bids in any given will be required to place bids, the web 97. The Commission makes no round. The total upfront payment does address and instructions for accessing warranties whatsoever, and shall not be not affect the total dollar amount the and logging in to the auction bidding deemed to have made any warranties, bidder may bid on any given system, FCC assigned username (User with respect to the FCC Auction construction permit. ID) for each authorized bidder, and the Application System and the auction 89. OEA and MB received no Auction Bidder Line phone number. bidding system, including any implied comments on the proposal that the 93. Qualified bidders that do not warranties of merchantability or fitness upfront payment amount would receive this registration mailing will not for a particular purpose. In no event determine a bidder’s initial eligibility. be able to submit bids. Therefore, if this shall the Commission, or any of its Therefore, OEA and MB adopted this mailing is not received by the contact officers, employees, or agents, be liable proposal. Each applicant’s upfront representative for a qualified bidder by for any damages whatsoever (including, payment amount will determine that noon on Tuesday, July 20, 2021, call the but not limited to, loss of business bidder’s initial bidding eligibility. Auctions Hotline at (717) 338–2868. In profits, business interruption, loss of 90. In calculating its upfront payment no event, however, will the FCC send use, loss of revenue, loss of business amount, an applicant should determine auction registration materials to anyone information, or any other loss) arising the maximum number of bidding units other than the contact person listed on out of or relating to the existence, on which it may wish to be active (bid the applicant’s FCC Form 175 or furnishing, functioning, or use of the

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FCC Auction Application System or the environmental rules require, among 104. FCC Auction Bidding System. All FCC auction bidding systems that are other things, that the permittee or bidding will take place remotely either accessible to qualified bidders in licensee consult with expert agencies over the internet through the FCC connection with this auction. Moreover, having environmental responsibilities, auction bidding system or by telephone no obligation or liability will arise out including the U.S. Fish and Wildlife using the telephonic bidding option. of the Commission’s technical, Service, the State Historic Preservation Please note that telephonic bid programming, or other advice or service Office, the U.S. Army Corps of assistants are required to use a script provided in connection with the FCC Engineers, and the Federal Emergency when entering bids placed by telephone. auction systems. Management Agency (through the local Telephonic bidders are therefore 98. To the extent an issue arises with authority with jurisdiction over reminded to allow sufficient time to bid the auction bidding system itself, the floodplains). In assessing the effect of by placing their calls well in advance of Commission will take all appropriate facility construction on historic the close of a round. The length of a call measures to resolve such issues quickly properties, the permittee or licensee to place a telephonic bid may vary; and equitably. Should an issue arise that must follow the provisions of the FCC’s please allow a minimum of ten minutes. is outside the auction bidding system or Nationwide Programmatic Agreement All telephone calls are recorded. attributable to a bidder, including, but Regarding the Section 106 National 105. An Auction 109 bidder’s ability not limited to, a bidder’s hardware, Historic Preservation Act Review to bid on specific construction permits software, or internet access problem that Process. The permittee or licensee must is determined by two factors: (1) The prevents the bidder from submitting a prepare environmental assessments for construction permits selected by that bid prior to the end of a round, the any facility that may have a significant applicant in its FCC Form 175 and (2) Commission shall have no obligation to impact in or on wilderness areas, the bidder’s bidding eligibility resolve or remedy such an issue on wildlife preserves, threatened or measured in bidding units. The FCC behalf of the bidder. Similarly, if an endangered species, or designated auction bidding system will allow issue arises due to bidder error using the critical habitats, historical or bidders to submit bids on only those auction bidding system, the archaeological sites, Indian religious construction permits the bidder selected Commission shall have no obligation to sites, floodplains, and surface features. on its FCC Form 175. resolve or remedy such an issue on In addition, the permittee or licensee 106. In order to access the bidding behalf of the bidder. Accordingly, after must prepare environmental function of the FCC auction bidding the close of a bidding round, the results assessments for facilities that include system, bidders must be logged in of bid processing will not be altered during a bidding round using the high intensity white lights in residential ® absent evidence of any failure in the neighborhoods or excessive radio passcode generated by the SecurID auction bidding system. frequency emission. token and a personal identification 99. Mock Auction. All qualified number (PIN) created by the bidder. bidders will be eligible to participate in IV. Bidding Bidders are strongly encouraged to print a mock auction on Friday, July 23, 2021. a round summary for each round after The mock auction will enable bidders to 102. The first round of bidding for they have completed all of their activity become familiar with the FCC auction Auction 109 will begin on Tuesday, July for that round. bidding system prior to the auction. All 27, 2021. Unless otherwise announced, 107. Round Structure. The initial bidders should participate in the mock bidding on all construction permits will schedule of bidding rounds will be auction. Details will be announced by be conducted on each business day until announced in the public notice listing public notice. bidding has stopped on all construction the qualified bidders in the auction. 100. Fraud Alert. As is the case with permits. The initial bidding schedule Each bidding round is followed by the many business investment will be announced in a public notice release of round results. Multiple opportunities, some unscrupulous listing the qualified bidders, which is bidding rounds may be conducted each entrepreneurs may attempt to use released at least one week before the day. Auction 109 to deceive and defraud start of bidding in the auction. 108. In the Auction 109 Comment unsuspecting investors. Information A. Auction Structure Public Notice, OEA and MB proposed to about deceptive telemarketing retain the discretion to change the investment schemes is available from 103. Simultaneous Multiple Round bidding schedule in order to foster an the FCC as well as the Federal Trade Auction. In the Auction 109 Comment auction pace that reasonably balances Commission (FTC), Securities and Public Notice, OEA and MB proposed to speed with the bidders’ need to study Exchange Commission (SEC) and the auction all construction permits listed round results and adjust their bidding National Fraud Information Center. in Attachment A of this Auction 109 strategies. OEA and MB received no Additional sources of information for Procedures Public Notice in a single comment on these proposals and potential bidders and investors are auction using the Commission’s adopted them for Auction 109. OEA and described in the Auction 109 Procedures standard simultaneous multiple-round MB may change the amount of time for Public Notice. auction format. This type of auction the bidding rounds, the amount of time 101. Environmental Review offers every construction permit for bid between rounds, or the number of Requirements. Permittees or licensees at the same time and consists of rounds per day, depending upon must comply with the Commission’s successive bidding rounds in which bidding activity and other factors, by rules for environmental review under qualified bidders may place bids on prior announcement. the National Environmental Policy Act, individual construction permits. OEA 109. Eligibility and Activity Rules. In the National Historic Preservation Act, and MB received no comment on this Auction 109, upfront payments will be and other Federal environmental proposal, and this proposal was used to determine initial (maximum) statutes. The construction of a broadcast adopted. Unless otherwise announced, bidding eligibility (as measured in facility is a Federal action, and the bids will be accepted on all construction bidding units) for Auction 109. The permittee or licensee must comply with permits in each round of the auction amount of the upfront payment the Commission’s environmental rules until bidding stops on every submitted by a bidder determines initial for each such facility. These construction permit. bidding eligibility, the maximum

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number of bidding units on which a that proposed in the Auction 109 bids, the number of new bids, and the bidder may be active (bid or hold Comment Public Notice, OEA and MB increase in revenue. provisionally winning bids) in a given adopted a more flexible activity 117. The auction will start in Stage round. Each construction permit is requirement in the Auction 109 One. Prior to moving from Stage One to assigned a specific number of bidding Procedures Public Notice. Accordingly, Stage Two or to any subsequent stages, units as listed in Attachment A to the OEA and MB initially adopt two activity OEA and MB will alert bidders by Auction 109 Procedures Public Notice. requirements: An 80% requirement for announcement in the bidding system. Bidding units assigned to each the beginning of the auction and a 95% Because activity requirements increase construction permit do not change as requirement that will be used later in in Stage Two, bidders must carefully prices rise during the auction. Upfront the auction. These requirements will be check their activity during the first payments are not attributed to specific implemented using auction stages, as round following a stage transition to construction permits. Rather, a bidder described below. ensure that they are meeting the may place bids on any of the 113. Auction Stages. OEA and MB increased activity requirement. In past construction permits selected on its FCC will conduct the auction in at least two auctions, some bidders have Form 175 as long as the total number of stages as described below. Under this inadvertently lost bidding eligibility or bidding units associated with those approach, a bidder desiring to maintain used an activity rule waiver because construction permits does not exceed its current bidding eligibility will be they did not re-verify their activity at the bidder’s current eligibility. required to be active on construction stage transitions. Eligibility cannot be increased during permits representing at least 80% of its 118. OEA and MB have the discretion the auction; it can only remain the same current eligibility during each round of to further alter the activity requirements or decrease. Thus, in calculating its Stage One, and on at least 95% of its before and/or during the auction as upfront payment amount, an applicant current bidding eligibility in Stage Two. circumstances warrant. In addition to transitioning to Stage Two, OEA and must determine the maximum number 114. Stage One: During the first stage MB retain the discretion to change the of bidding units on which it may wish of the auction, a bidder desiring to activity requirements during the auction to bid or hold provisionally winning maintain its current bidding eligibility by other means, including adding an bids in any single round, and submit an will be required to be active on additional stage with a higher activity upfront payment amount covering that construction permits representing at requirement, not transitioning to Stage total number of bidding units. At a least 80% of its current bidding Two, and transitioning to Stage Two minimum, an applicant’s upfront eligibility in each bidding round. with an activity requirement that is payment must cover the bidding units Failure to maintain the required activity higher or lower than 95%. This for at least one of the construction level will result in the use of an activity determination will be based on a variety permits it selected on its short-form rule waiver or, if the bidder has no application. The total upfront payment of measures of auction activity, activity rule waivers remaining, a including, but not limited to, the does not affect the total dollar amount reduction in the bidder’s bidding a bidder may bid on any given number of new bids and the percentages eligibility in the next round. During of construction permits (as measured in construction permit. OEA and MB Stage One, reduced eligibility for the received no comments on the bidding bidding units) on which there are new next round will be calculated by eligibility proposals, and these bids. multiplying the bidder’s current round proposals are adopted. 119. Activity Rule Waivers. For 110. To ensure that an auction closes activity (the sum of bidding units of the Auction 109, OEA and MB adopted the within a reasonable period of time, an bidder’s provisionally winning bids and proposal to provide each bidder in the bids during the current round) by five- auction with three activity rule waivers, activity rule requires bidders to bid 5 actively throughout the auction, rather fourths ( ⁄4). which are principally a mechanism for than wait until late in the auction before 115. Stage Two: During the second a bidder to avoid the loss of bidding participating. Bidders are required to be stage of the auction, a bidder desiring to eligibility in the event that exigent active (bid or hold provisionally maintain its current bidding eligibility circumstances prevent it from bidding winning bids) on a specified percentage is required to be active on 95% of its in a particular round. of their current bidding eligibility current bidding eligibility. Failure to 120. Use of an activity rule waiver during each round of the auction. A maintain the required activity level will preserves the bidder’s eligibility despite bidder’s activity level in a round is the result in the use of an activity rule its activity in the current round being sum of the bidding units associated with waiver or, if the bidder has no activity below the required minimum activity construction permits covered by the rule waivers remaining, a reduction in level. An activity rule waiver applies to bidder’s new bids in the current round the bidder’s bidding eligibility in the an entire round of bidding and not to a and provisionally winning bids from the next round. During Stage Two, reduced particular construction permit. A bidder previous round. eligibility for the next round will be may use an activity rule waiver in any 111. The minimum required activity calculated by multiplying the bidder’s round of the auction as long as the is expressed as a percentage of the current round activity (the sum of bidder has not used all of its waivers. bidder’s current eligibility, and it bidding units of the bidder’s 121. The FCC auction bidding system increases by stage as the auction provisionally winning bids and bids will assume that a bidder that does not progresses. Failure to maintain the during the current round) by twenty- meet the activity requirement would requisite activity level will result in the nineteenths (20/19). prefer to use an activity rule waiver (if use of an activity rule waiver, if any 116. Stage Transitions. OEA and MB available) rather than lose bidding remain, or a reduction in the bidder’s intend to advance the auction from eligibility. Therefore, the system will eligibility, possibly curtailing or Stage One to Stage Two after automatically apply a waiver at the end eliminating the bidder’s ability to place considering a variety of measures of of any bidding round in which a additional bids in the auction. auction activity including, but not bidder’s activity level is below the 112. In response to a commenter’s limited to, the percentages of minimum required unless (1) the bidder suggestion that the auction should begin construction permits (as measured in has no activity rule waiver remaining, or with an activity requirement lower than bidding units) on which there are new (2) the bidder overrides the automatic

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application of a waiver by reducing round in which no bidder applies a affects the fair and efficient conduct of eligibility, therefore meeting the activity waiver or places any new bid on any competitive bidding. In such cases, OEA requirement. If the bidder has no construction permit that already has a and MB, in their sole discretion, may waivers remaining and does not satisfy provisionally winning bid. Thus, absent elect to resume the auction starting from the required activity level, the bidder’s any other bidding activity, a bidder the beginning of the current round or current eligibility will be permanently placing a new bid on an FCC-held from some previous round, or cancel the reduced, possibly curtailing or construction permit (a construction auction in its entirety. This authority eliminating the ability to place permit that does not have a will be exercised solely at the discretion additional bids in the auction. provisionally winning bid) would not of OEA and MB, and not as a substitute 122. A bidder with insufficient keep the auction open under this for situations in which bidders may activity may wish to reduce its bidding modified stopping rule. wish to apply their activity rule waivers. eligibility rather than use an activity Option 3. The auction would close rule waiver. If so, the bidder must using a modified version of the B. Bidding Procedures affirmatively override the automatic simultaneous stopping rule that 128. Minimum Opening Bids and waiver mechanism during the bidding combines Option 1 and Option 2 above. Acceptable Bid Amounts. Consistent round by using the reduce eligibility Option 4. The auction would close with the mandate of section 309(j) of the function in the FCC auction bidding after a specified number of additional Act, the Commission directed OEA and system. In this case, the bidder’s rounds (special stopping rule) to be MB to seek comment on the use of a eligibility would be permanently announced in advance in the FCC minimum opening bid and/or reserve reduced to bring it into compliance with auction bidding system. If OEA and MB price prior to the start of each auction. the activity rule described above. invoke this special stopping rule, bids 129. In the Auction 109 Comment Reducing eligibility is an irreversible will be accepted in the specified final Public Notice, OEA and MB did not action once the round has closed, and round(s), after which the auction will propose to establish separate reserve a bidder cannot regain its lost bidding close. prices for the construction permits in eligibility. Option 5. The auction would remain Auction 109, and OEA and MB found 123. Finally, a bidder may apply an open even if no bidder places any new no basis for establishing any separate activity rule waiver proactively as a bid or applies a waiver. In this event, reserve price in the Auction 109 means to keep the auction open without the effect will be the same as if a bidder Procedures Public Notice. This is placing a bid. If a bidder proactively had applied a waiver. Thus, the activity consistent with policy applied in earlier applies an activity rule waiver (using rule will apply as usual, and a bidder broadcast spectrum auctions. OEA and the proactive waiver function in the FCC with insufficient activity will either lose MB, however, proposed to establish auction bidding system) during a bidding eligibility or use a waiver. minimum opening bids for each bidding round in which no bids are 126. OEA and MB proposed to construction permit in Auction 109, placed, the auction will remain open exercise these options only in certain reasoning that a minimum opening bid, and the bidder’s eligibility will be circumstances, for example, where the which has been used in other auctions, preserved. An automatic waiver applied auction is proceeding unusually slowly is an effective tool for accelerating the by the FCC auction bidding system in a or quickly, there is minimal overall competitive bidding process. The round in which there is no new bid or bidding activity, or it appears likely that bidding system will not accept bids a proactive waiver will not keep the the auction will not close within a lower than the minimum opening bids auction open. reasonable period of time or will close for each construction permit. Based on 124. Auction Stopping Rule. For prematurely. Before exercising these experience in past auctions, setting Auction 109, OEA and MB proposed to options, OEA and MB are likely to minimum opening bid amounts employ a simultaneous stopping rule attempt to change the pace of the judiciously is an effective tool for approach, which means all construction auction. For example, OEA and MB may accelerating the competitive bidding permits remain available for bidding adjust the pace of bidding by changing process. until bidding stops on every the number of bidding rounds per day 130. OEA and MB adopted the construction permit. Specifically, and/or the minimum acceptable bids. minimum opening bid amounts bidding will close on all construction OEA and MB proposed to retain the proposed in the Auction 109 Comment permits after the first round in which no discretion to exercise any of these Public Notice., except that the minimum bidder submits any new bid or applies options with or without prior opening bid for Allotment MM– a proactive waiver. announcement during the auction. OEA FM1237–C1, Big Lake, Texas is lowered 125. OEA and MB also sought and MB received one comment to $35,000 after further analysis in comment on alternative versions of the regarding stopping rule Option 2. The response to one commenter’s filing. The simultaneous stopping rule for Auction commenter cautioned against the use of specific minimum opening bid and 109: Option 2, but indicated that this option upfront payment amounts for each Option 1. The auction would close for should remain available. OEA and MB construction permit are set forth in all construction permits after the first adopted these approaches for Auction Attachment A to the Auction 109 round in which no bidder applies a 109. Procedures Public Notice. proactive waiver or places any new bid 127. Auction Delay, Suspension, or 131. In each round of Auction 109 a on any construction permit on which it Cancellation. By public notice or by qualified bidder will be able to place a is not the provisionally winning bidder. announcement through the FCC auction bid on a given construction permit in Thus, absent any other bidding activity, bidding system, OEA and MB may any of up to nine different amounts. The a bidder placing a new bid on a delay, suspend, or cancel bidding in the FCC auction bidding system interface construction permit for which it is the auction in the event of natural disaster, will list the nine acceptable bid provisionally winning bidder would not technical obstacle, network amounts for each construction permit. keep the auction open under this interruption, administrative or weather 132. In the Auction 109 Comment modified stopping rule. necessity, evidence of an auction Public Notice, to calculate the first of Option 2. The auction would close for security breach or unlawful bidding the acceptable bid amounts, OEA and all construction permits after the first activity, or for any other reason that MB proposed to use a minimum

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acceptable bid increment percentage of amount is (minimum acceptable bid will determine a provisionally winning 10%. This means that the minimum amount) * (0.05), rounded. The first bid for each construction permit based acceptable bid amount for a additional acceptable bid amount equals on the highest bid amount received for construction permit will be (minimum acceptable bid amount) + that permit. A provisionally winning approximately 10% greater than the (additional increment amount); the bid will remain the provisionally provisionally winning bid amount for second additional acceptable bid winning bid until there is a higher bid the construction permit. To calculate amount equals (minimum acceptable on the same construction permit at the the eight additional acceptable bid bid amount) + (2 * (additional close of a subsequent round. amounts, OEA and MB proposed in the increment amount)); the third additional Provisionally winning bids at the end of Auction 109 Comment Public Notice to acceptable bid amount equals the auction become the winning bids. use an additional bid increment (minimum acceptable bid amount) + (3 138. OEA and MB will use a pseudo- percentage of 5%. The Commission did * (additional increment amount)); etc. random number generator to select a not receive any comments on these 135. OEA and MB proposed to retain single provisionally winning bid in the proposals to use 10% and 5% the discretion to change the minimum event of identical high bid amounts respectively in the calculation of nine acceptable bid amounts, the minimum being submitted on a construction acceptable bid amounts for each acceptable bid increment percentage, permit in a given round (i.e., tied bids). construction permit. Based on OEA and the additional bid increment percentage, Accordingly, the FCC auction bidding MB experience in previous broadcast and the number of acceptable bid system will assign a pseudo-random auctions, a minimum acceptable bid amounts if circumstances so dictate, number to each bid upon submission. increment percentage of 10% and an consistent with past practice. OEA and The tied bid with the highest pseudo- additional bid increment percentage of MB also proposed to retain the random number wins the tiebreaker and 5% are sufficient to ensure active discretion to do so on a construction becomes the provisionally winning bid. bidding. Therefore, OEA and MB will permit-by-construction permit basis. The remaining bidders, as well as the begin the auction with a minimum OEA and MB also proposed to retain the provisionally winning bidder, can acceptable bid increment percentage of discretion to limit (a) the amount by submit higher bids in subsequent 10% and an additional bid increment which a minimum acceptable bid for a rounds. However, if the auction were to percentage of 5%. construction permit may increase close with no other bids being placed, 133. In Auction 109, the minimum compared with the corresponding the winning bidder would be the one acceptable bid amount for a provisionally winning bid, and (b) the that placed the provisionally winning construction permit will be equal to its amount by which an additional bid bid. If the construction permit receives minimum opening bid amount until amount may increase compared with any bids in a subsequent round, the there is a provisionally winning bid for the immediately preceding acceptable provisionally winning bid again will be the construction permit. After there is a bid amount. For example, OEA and MB determined by the highest bid amount provisionally winning bid for a could set a $1,000 limit on increases in received for the construction permit. As construction permit, the minimum minimum acceptable bid amounts over a reminder, provisionally winning bids acceptable bid amount will be provisionally winning bids. Thus, if count toward activity for purposes of calculated by multiplying the calculating a minimum acceptable bid the activity rule. provisionally winning bid amount by using the minimum acceptable bid one plus the minimum acceptable bid increment percentage results in a 139. Bid Removal and Bid percentage—i.e., provisionally winning minimum acceptable bid amount that is Withdrawal. In the Auction 109 bid amount * 1.10, rounded. In $1,200 higher than the provisionally Comment Public Notice, OEA and MB accordance with the Commission’s winning bid on a construction permit, explained bid removal procedures in the standard rounding procedure for the minimum acceptable bid amount FCC auction bidding system. Each auctions, results of this calculation would instead be capped at $1,000 qualified bidder has the option of above $10,000 will be rounded to the above the provisionally winning bid. removing any bids placed in a round nearest $1,000; results below $10,000 136. The sole commenter to address provided that such bids are removed but above $1,000 will be rounded to the this issue expressed support for the before the close of that bidding round. nearest $100; and results below $1000 proposal to retain discretion to change By removing a bid within a round, a will be rounded to the nearest $10. the minimum acceptable bid amounts, bidder effectively unsubmits the bid. A 134. In Auction 109, the FCC auction yet suggested that OEA and MB should bidder removing a bid placed in the bidding system will calculate the eight not exercise this discretion until several same round is not subject to withdrawal additional bid amounts by multiplying bidding rounds have concluded when payments. Removing a bid will affect a the minimum acceptable bid amount by more price information is available. bidder’s activity because a removed bid the additional bid increment percentage OEA and MB did not receive any other no longer counts toward bidding of 5%, and that result (rounded) is the comments on these proposals activity for the round. Once a round additional increment amount. The first concerning changes of bid amounts. closes, a bidder may no longer remove additional acceptable bid amount equals OEA and MB typically exercise this a bid. the minimum acceptable bid amount discretion based on monitoring of 140. Bidders in Auction 109 are plus the additional increment amount. ongoing bidding and reserved such prohibited from withdrawing any bid The second additional acceptable bid discretion in the Auction 109 after close of the round in which that amount equals the minimum acceptable Procedures Public Notice. If OEA and bid was placed. OEA and MB adopted bid amount plus two times the MB exercise this discretion, bidders will the prohibition in recognition of the additional increment amount; the third be alerted by announcement in the FCC site-specific nature and wide geographic additional acceptable bid amount is the auction bidding system during the dispersion of the permits available in minimum acceptable bid amount plus auction. this auction, as well as experience with three times the additional increment 137. Provisionally Winning Bids. past auctions of broadcast construction amount; etc. Because the additional bid Consistent with practice in past permits. Bidders are cautioned to select increment percentage is 5%, the auctions, the FCC auction bidding bid amounts carefully because no bid calculation of the additional increment system at the end of each bidding round withdrawals will be allowed in Auction

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109, even if a bid was mistakenly or 147. A winning bidder is required to payment balances will be returned to erroneously made. submit an application filing fee with the payer of record as identified on the 141. Bidding Results. Bids placed each long-form application. 47 CFR FCC Form 159 unless the payer submits during a round will not be made public 1.1104. The application filing fee must written authorization instructing until the conclusion of that round. After be paid in addition to the winning bid otherwise. This written authorization a round closes, OEA and MB will amount. The Commission recently must comply with the refund compile reports of all bids placed, adopted a new long-form application instructions provided in the Auction current provisionally winning bids, new filing fee that includes an amount to 109 Procedures Public Notice. recover costs for processing the short- minimum acceptable bid amounts for VI. Procedural Matters the following round, whether the form application. The amended construction permit is FCC-held, and § 1.1104, which specifies filing fees for 153. Paperwork Reduction Act. The bidder eligibility status (bidding AM and FM long-form applications, is Office of Management and Budget eligibility and activity rule waiver), and not yet in effect. The long-form (OMB) has approved the information post the reports for public access. application filing fee that is in effect collections in the Application to 142. Auction Announcements. The when such form is filed will be the Participate in an FCC Auction, FCC Commission staff will use auction applicable fee. Form 175, OMB Control No. 3060–0600. announcements to report necessary 148. Winning bidders claiming new The Auction 109 Procedures Public information to bidders, such as schedule entrant status must include an exhibit Notice does not contain new or modified information collection changes. All auction announcements demonstrating their eligibility for the requirements subject to the Paperwork will be available by clicking a link in bidding credit. Further instructions on Reduction Act of 1995 (PRA), Public the FCC auction bidding system. these and other filing requirements will be provided to winning bidders in the Law 104–13. Therefore, it does not V. Post-Auction Procedures auction closing public notice. contain any new or modified information collection burden for small 143. Shortly after bidding has closed, 149. Default and Disqualification. business concerns with fewer than 25 the Commission will issue a public Any winning bidder that defaults or is employees pursuant to the Small notice declaring the auction closed, disqualified after the close of the auction (i.e., fails to remit the required Business Paperwork Relief Act of 2002, identifying the winning bidders, and down payment within the prescribed Public Law 107–198. establishing the deadlines for period of time, fails to submit a timely 154. Congressional Review Act. The submitting down payments, final long-form application, fails to make full Commission will submit the Auction payments, and the long-form and timely final payment, or is 109 Procedures Public Notice to the applications. otherwise disqualified) is liable for a Administrator of the Office of 144. Down Payments. Within ten default payment as described in 47 CFR Management and Budget Office of business days after release of the 1.2104(g)(2). This default payment Information and Regulatory Affairs for auction closing public notice, each consists of a deficiency payment, equal concurrence as to whether these winning bidder must submit sufficient to the difference between the amount of procedures are major or non-major funds (in addition to its upfront the Auction 109 bidder’s winning bid under the Congressional Review Act, 5 payment) to bring its total amount of and the amount of the winning bid the U.S.C. 804(2). The Commission will money on deposit with the Commission next time a construction permit send a copy of the Auction 109 for Auction 109 to 20% of the net covering the same spectrum is won in Procedures Public Notice in a report to amount of its winning bid(s) (gross an auction, plus an additional payment Congress and the Government bid(s) less any applicable new entrant equal to a percentage of the defaulter’s Accountability Office pursuant to the bidding credit(s)). bid or of the subsequent winning bid, Congressional Review Act, 5 U.S.C. 145. Final Payments. Each winning whichever is less. 801(a)(1)(A). bidder will be required to submit the 150. The percentage of the applicable 155. Supplemental Final Regulatory balance of the net amount of its winning bid to be assessed as an additional Flexibility Analysis. As required by the bid(s) within ten business days after the payment for defaults in a particular Regulatory Flexibility Act of 1980, as applicable deadline for submitting auction is established in advance of the amended (RFA), the Commission down payments. auction. The additional default payment prepared Initial Regulatory Flexibility 146. Long-Form Applications. The for Auction 109 is 20% of the applicable Analyses (IRFAs) in connection with the Commission’s rules currently provide bid. Broadcast Competitive Bidding Notice that within thirty days following the 151. Finally, in the event of a default, of Proposed Rulemaking (NPRM), 62 FR close of bidding and notification to the the Commission has the discretion to re- 65392, December 12, 1997, and other winning bidders, unless a longer period auction the construction permit or offer Commission NPRMs (collectively, is specified by public notice, each it to the next highest bidder (in Competitive Bidding NPRMs) pursuant winning bidder must electronically descending order) at its final bid to which Auction 109 will be submit a separate, properly completed amount. In addition, if a default or conducted. Final Regulatory Flexibility long-form application for each permit disqualification involves gross Analyses (FRFAs) likewise were won, and required exhibits, along with misconduct, misrepresentation, or bad prepared in the Broadcast Competitive the applicable application filing fee. faith by an applicant, the Commission Bidding Order, 63 FR 48615, September Winning bidders for FM construction may declare the applicant and its 11, 1998, and other Commission permits will electronically file FCC principals ineligible to bid in future rulemaking orders (collectively, Form 2100, Schedule 301–FM, in the auctions, and may take any other action Competitive Bidding Orders) pursuant Media Bureau’s Licensing and that it deems necessary, including to which Auction 109 will be Management System (LMS). Winning institution of proceedings to revoke any conducted. In this proceeding, a bidders for AM construction permits existing authorizations held by the Supplemental Initial Regulatory will electronically file FCC Form 301 in applicant. Flexibility Analysis (Supplemental the Media Bureau’s Consolidated Data 152. Refund of Remaining Upfront IRFA) was incorporated in the Auction Base System (CDBS). Payment Balance. All refunds of upfront 109 Comment Public Notice, 86 FR

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12556, March 4, 2021. The Commission in the event that a winning bidder of factors beyond the Commission’s sought written public comment on the defaults or is disqualified after the knowledge. proposals in the Auction 109 Comment auction. 162. Radio Stations. This Economic Public Notice, including comments on 158. Summary of Significant Issues Census category comprises the Supplemental IRFA. This Raised by Public Comments in Response establishments primarily engaged in Supplemental Final Regulatory to the IRFA. There were no comments broadcasting aural programs by radio to Flexibility Analysis (Supplemental filed that specifically addressed the the public. Programming may originate FRFA) supplements the FRFAs in the Supplemental IRFA. in their own studio, from an affiliated Competitive Bidding Orders to reflect 159. Response to Comments by the network, or from external sources. the actions taken in the Auction 109 Chief Counsel for Advocacy of the Small According to the most recent Procedure Public Notice and conforms Business Administration. Pursuant to rulemaking order to assess annual to the RFA. the Small Business Jobs Act of 2010, regulatory fees, Commission staff 156. Need for, and Objectives of, the which amended the RFA, the identified from the Media Bureau’s Public Notice. The procedures for the Commission is required to respond to licensing databases 9,636 licensed radio conduct of Auction 109 as described in any comment filed by the Chief Counsel facilities subject to annual regulatory the Auction 109 Procedures Public for Advocacy of the Small Business fees as of October 1, 2019, excluding Notice implement the Commission’s Administration (SBA), and to provide a from this count radio stations exempt competitive bidding rules, which have detailed statement of any change made from required annual regulatory fees. been adopted by the Commission in to the proposed procedures as a result 163. The SBA has established a small multiple notice-and-comment of those comments. The Chief Counsel business size standard for this category rulemaking proceedings. More did not file any comments in response as firms having $41.5 million or less in specifically, the Auction 109 Procedures to the procedures that were proposed in annual receipts. Economic Census data Public Notice provides an overview of the Auction 109 Comment Public for 2012 shows that 2,849 radio station the procedures, terms, and conditions Notice. firms operated during that year. Of that governing Auction 109, and the post- 160. Description and Estimate of the number, 2,806 firms operated with auction application and payment Number of Small Entities to Which the annual receipts of less than $25 million processes, as well as setting the Procedures Will Apply. The RFA directs per year, 17 with annual receipts minimum opening bid amount for each agencies to provide a description of and, between $25 million and $49,999,999, of the AM and FM broadcast where feasible, an estimate of the and 26 with annual receipts of $50 construction permits that are subject to number of small entities that may be million or more. Therefore, based on the being assigned by competitive bidding. affected by the rules adopted in the SBA’s size standard the majority of such 157. To promote the efficient and fair Auction 109 Procedures Public Notice. entities are small entities. administration of the competitive The RFA generally defines the term 164. According to Commission staff bidding process for all Auction 109 small entity as having the same meaning review of the BIA/Kelsey, LLC’s Media participants, including small as the terms small business, small Access Pro Radio Database (BIA) as of businesses, in the Auction 109 organization, and small governmental January 26, 2021, nearly all AM and FM Procedures Public Notice OEA and MB jurisdiction. In addition, the term small full-service radio stations announced the following procedures: (1) business has the same meaning as the (approximately 15,478 of 15,483 total Use of a simultaneous multiple-round term small business concern under the stations, or 99.97%) had revenues of auction format, consisting of sequential Small Business Act. A small business $41.5 million or less and thus qualify as bidding rounds with a simultaneous concern is one which: (1) Is small entities under the SBA definition. stopping procedure; (2) a specific independently owned and operated; (2) The SBA size standard data, however, upfront payment amount for each is not dominant in its field of operation; does not enable a meaningful estimate construction permit; (3) a specific and (3) satisfies any additional criteria of the number of small entities who may minimum opening bid amount for each established by the SBA. participate in Auction 109. construction permit; (4) a specific 161. The specific competitive bidding 165. Also, in assessing whether a number of bidding units for each procedures and minimum opening bid business entity qualifies as small under construction permit; (5) a bidder’s amounts described in the Auction 109 the SBA definition, business control initial bidding eligibility will be based Procedures Public Notice will affect all affiliations must be included. This on the amount of that bidder’s upfront applicants participating in Auction 109. estimate therefore likely overstates the payment; (6) a two-stage auction with an The number of entities that may apply number of small entities that might be activity requirement in which a bidder to participate in Auction 109 is affected by this auction because the is required to be active on 80% of its unknown. Based on the number of revenue figure on which it is based does bidding eligibility in stage one and 95% applicants in prior FM auctions, OEA not include or aggregate revenues from of its bidding eligibility in stage two; (7) and MB estimate that the number of affiliated companies. Moreover, the provision of three activity waivers for applicants for Auction 109 may range definition of small business also each qualified bidder to allow it to from approximately 130 to 260. This requires that an entity not be dominant preserve bidding eligibility during the estimate is based on the number of in its field of operation and that the course of the auction; (8) use of applicants who filed short-form entity be independently owned and minimum acceptable bid amounts and applications to participate in previous operated. The estimate of small additional acceptable increments, along auctions of FM construction permits businesses to which Auction 109 with the methodology for calculating held to date, an average of 1.8 short- competitive bidding procedures may such amounts; (9) a procedure for form applications were filed per apply does not exclude any radio station breaking ties if identical high bid construction permit offered, with a from the definition of a small business amounts are submitted on one permit in median of 1.2 applications per permit. on these bases and is therefore over- a given round; (10) a prohibition on bid The actual number of applicants for inclusive to that extent. Furthermore, withdrawals; and (11) establishment of Auction 109 could vary significantly as OEA and MB are unable at this time to an additional default payment any individual’s or entity’s decision to define or quantify the criteria that percentage of 20% of the applicable bid participate may be affected by a number would establish whether a specific radio

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station is dominant in its field of winning bidder does not need to file a others): (1) The establishment of operation. It is difficult to assess these long-form application and provide the differing compliance or reporting criteria in the context of media entities additional showings and more detailed requirements or timetables that take into and therefore estimates of small demonstrations required of a winning account the resources available to small businesses to which they apply may be bidder. entities; (2) the clarification, over-inclusive to this extent. 169. Auction 109 applicants, consolidation, or simplification of 166. OEA and MB are unable to including small entities, will become compliance and reporting requirements accurately develop an estimate of how qualified to bid in Auction 109 only if under the rule for such small entities; many of the entities in this auction they comply with the following: (1) (3) the use of performance rather than would be small businesses based on the Submission of a short-form application design standards; and (4) an exemption number of small entities that applied to that is timely and is found to be from coverage of the rule, or any part participate in prior broadcast auctions substantially complete, and (2) timely thereof, for such small entities. See 5 because that information is not collected submission of a sufficient upfront U.S.C. 603(c)(1)–(4). from applicants for broadcast auctions payment for at least one of the 173. OEA and MB intend that the in which bidding credits are not based construction permits that the applicant procedures adopted in the Auctions 109 on an applicant’s size (as is the case in selected on its FCC Form 175. In Procedures Public Notice to facilitate auctions of licenses for wireless accordance with the terms of 47 CFR participation in Auction 109 will result services). 1.2105(b)(2), an applicant whose in both operational and administrative 167. In 2013, the Commission application is found to contain cost savings for small entities and other estimated that 97% of radio deficiencies will have a limited auction participants. In light of the broadcasters met the SBA’s prior opportunity to bring its application into numerous resources that will be definition of small business concern, compliance with the Commission’s available from the Commission to small based on annual revenues of $7 million. competitive bidding rules during a entities and other auction participants at The SBA has since increased that resubmission window. In addition, each no cost, the processes and procedures revenue threshold to $41.5 million, Auction 109 applicant must maintain announced in the Auctions 109 which suggests that an even greater the accuracy of its previously filed Procedures Public Notice should percentage of radio broadcasters would short-form application electronically minimize any economic impact of the fall within the SBA’s definition. The using the FCC auction application auction processes and procedures on Commission has estimated the number system. of licensed commercial AM radio 170. In the second phase of the small entities and should result in both stations to be 4,347 and the number of process, there are additional compliance operational and administrative cost commercial FM radio stations to be requirements only applicable to savings for small entities and other 6,699, for a total number of 11,046 radio winning bidders. As with other winning auction participants. For example, prior stations. As of January 2021, 4,347 AM bidders, any small entity that is a to the beginning of bidding in this stations and 6,694 FM stations had winning bidder will be required to auction, the Commission will hold a revenues of $41.5 million or less, comply with the terms of the following mock auction to allow qualified bidders according to Commission staff review of rules, among others: (1) 47 CFR the opportunity to familiarize the BIA Database. Accordingly, based on 1.2107(b), by submitting as a down themselves with both the processes and this data, OEA and MB that the majority payment within 10 business days after systems that will be used in Auction of Auction 109 applicants would likely release of the auction closing public 109. During the auction, participants meet the SBA’s definition of a small notice sufficient funds (in addition to its will be able to access and participate in business concern. upfront payment) to bring its total bidding via the internet using a web- 168. Description of Projected amount of money on deposit with the based system, or telephonically, Reporting, Recordkeeping, and Other Commission for Auction 109 to 20% of providing two cost-effective methods of Compliance Requirements for Small the amount of its winning bid or bids; participation and avoiding the cost of Entities. For Auction 109, no new (2) 47 CFR 1.2109(a), by submitting travel for in-person participation. reporting, recordkeeping, or other within 10 business days after the down Further, small entities as well as other compliance requirements for small payment deadline the balance of the auction participants will be able to avail entities or other auction applicants were amount for each of its winning bids; and themselves of a telephone hotline for proposed. The Commission designed (3) 47 CFR 73.5005(a), by electronically assistance with auction processes and the auction application process itself to filing a properly completed long-form procedures as well as a technical minimize reporting and compliance application and required exhibits for support telephone hotline to assist with requirements for applicants, including each construction permit won through issues such as access to or navigation small business applicants. For all Auction 109. within the electronic FCC Form 175 and spectrum auctions, in the first part of 171. Further, as required by 47 CFR use of the FCC’s auction bidding system. the Commission’s two-phased auction 1.2105(c), reports concerning prohibited In addition, all auction participants, application process, parties desiring to communications must be filed with the including small business entities, will participate in an auction file Chief of the Auctions Division, as have access to various other sources of streamlined, short-form applications in detailed in the Auctions 109 Procedures information and databases through the which they certify under penalty of Public Notice. Commission that will aid in both their perjury as to their qualifications. 172. Steps Taken to Minimize the understanding and participation in the Eligibility to participate in bidding is Significant Economic Impact on Small process. These mechanisms are made based on an applicant’s short-form Entities, and Significant Alternatives available to facilitate participation by all application and certifications, as well as Considered. The RFA requires an qualified bidders and may result in its upfront payment. In the second agency to describe any significant, significant cost savings for small phase of the auction application specifically small business, alternatives business entities that utilize these process, there are additional compliance that it has considered in reaching its mechanisms. These resources, coupled requirements for winning bidders. Thus, proposed approach, which may include with the description and a small business that fails to become a the following four alternatives (among communication of the bidding

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procedures before bidding begins in Clearance Officer, U.S. Fish and proposed rule to update the regulations Auction 109, should ensure that the Wildlife Service, 5275 Leesburg Pike, for the taking of migratory birds for auction will be administered MS: PRB (JAO/3W), Falls Church, VA subsistence uses in Alaska during the predictably, efficiently and fairly, thus 22041–3803 (mail); or [email protected] spring and summer (86 FR 11707, providing certainty for small entities as (email). Please reference ‘‘OMB Control February 26, 2021). By the end of the well as other auction participants. Number 1018–BF08’’ in the subject line comment period on the proposed rule, 174. Notice to SBA. The Commission of your comments. we received five comments. While one will send a copy of the Auctions 109 FOR FURTHER INFORMATION CONTACT: Eric comment pertained to an issue that is Procedures Public Notice, including the J. Taylor, U.S. Fish and Wildlife Service, outside the scope of this rulemaking Supplemental FRFA, to the Chief 1011 E. Tudor Road, Mail Stop 201, action, we hereby respond to the Counsel for Advocacy of the SBA. Anchorage, AK 99503; (907) 903–7210. relevant issues that were raised in the Federal Communications Commission. SUPPLEMENTARY INFORMATION: public input. We made no changes to Erik Salovaara, the proposed rule as a result of the input Background we received via the public comments Assistant Chief, Auctions Division, Office of Economics and Analytics. The Migratory Bird Treaty Act of 1918 (see Final Regulations, below, for more information). [FR Doc. 2021–08000 Filed 4–16–21; 8:45 am] (MBTA, 16 U.S.C. 703 et seq.) was Issue: One commenter expressed the BILLING CODE 6712–01–P enacted to conserve certain species of migratory birds and gives the Secretary following concerns: (i) Migratory bird of the Interior the authority to regulate populations cannot sustain hunting pressure; (ii) migratory birds are DEPARTMENT OF THE INTERIOR the harvest of these birds. The law further authorizes the Secretary to issue resources belonging to all residents of Fish and Wildlife Service regulations to ensure that the the United States; (iii) the proposed indigenous inhabitants of the State of Kodiak Island Roaded Area permit hunt 50 CFR Part 92 Alaska may take migratory birds and did not undergo sufficient public collect their eggs for nutritional and review; (iv) the Service’s treatment of [Docket No. FWS–R7–MB–2020–0134; other essential needs during seasons common and Wilson’s snipe in Alaska FXMB12610700000–201–FF07M01000] established by the Secretary ‘‘so as to is incorrect by conflating them together; RIN 1018–BF08 provide for the preservation and and (v) the Service’s enforcement of maintenance of stocks of migratory prohibitions on the use of lead shot to Migratory Bird Subsistence Harvest in birds’’ (16 U.S.C. 712(1)). hunt waterfowl is insufficient. Alaska; Harvest Regulations for The take of migratory birds for Response: The Service conducts Migratory Birds in Alaska During the subsistence uses in Alaska occurs migratory bird population and harvest 2021 Season during the spring and summer, during surveys to monitor potential effects of hunting on abundance, distribution, and AGENCY: which timeframe the sport harvest of Fish and Wildlife Service, trend; further, we use an adaptive Interior. migratory birds is not allowed. Regulations governing the subsistence harvest strategy to ensure harvest does ACTION: Final rule. harvest of migratory birds in Alaska are not impact sustainable and healthy waterfowl populations. The Service SUMMARY: The U.S. Fish and Wildlife located in title 50 of the Code of Federal agrees that migratory birds should be Service (FWS, Service, or we) is revising Regulations (CFR) in part 92. These managed on a flyway or continental the migratory bird subsistence harvest regulations allow for the continuation of basis for the enjoyment of all U.S. regulations in Alaska. These regulations customary and traditional subsistence residents. allow for the continuation of customary uses of migratory birds and prescribe The proposed 3-year experimental and traditional subsistence uses of regional information on when and Kodiak Roaded Area Permit hunt migratory birds in Alaska and prescribe where the harvesting of birds in Alaska underwent a rigorous review over a regional information on when and may occur. multiyear period involving Council, where the harvesting of birds may The migratory bird subsistence Flyway, and national public review occur. These regulations were harvest regulations are developed periods. We explain the process developed under a co-management cooperatively by the Alaska Migratory establishing the experimental hunt in process involving the Service, the Bird Co-Management Council (AMBCC our May 11, 2020, proposed rule (85 FR Alaska Department of Fish and Game, or the Council), which consists of the 27698) in the preamble under ‘‘(5) and Alaska Native representatives. This U.S. Fish and Wildlife Service, the Kodiak Archipelago Region Kodiak rule incorporates regulatory revisions Alaska Department of Fish and Game Island Roaded Area Closure,’’ and our requested by these partners. (ADFG), and representatives of Alaska’s Native population. The Council’s response to comments on this topic is DATES: This rule is effective April 19, primary purpose is to develop found in our November 17, 2020, final 2021. recommendations pertaining to the rule (85 FR 73233). ADDRESSES: You may find the comments subsistence harvest of migratory birds. Snipe in Alaska are recognized submitted on the proposed rule as well This rule incorporates changes to the primarily as Wilson’s snipe, but as supplementary materials for this subsistence harvest regulations that common snipe are known to occur on rulemaking action at the Federal were recommended by the Council in the Aleutian Islands of Alaska. Thus, for eRulemaking Portal: http:// 2020 as described below. This rule also administrative purposes, we clarify that www.regulations.gov in Docket No. sets forth an updated list of migratory snipe includes both recognized species FWS–R7–MB–2020–0134. bird species open to subsistence harvest. in Alaska: Wilson’s snipe and common Information Collection Requirements: snipe. The separation of these species in Written comments and suggestions on Comments Received on the Proposed the list of migratory birds open to the information collection requirements Rule subsistence harvest will not result in may be submitted at any time to the Per the collaborative process differential harvest effects on either Service Information Collection described above, we published a species.

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