FM Translator Auction No. 83 Non-Mutually Exclusive Applications

FM Translator Auction No. 83 Non-Mutually Exclusive Applications; Media Bureau Announces Form 349 Application Deadline


Media Bureau Announces Form 349 Application Deadline, Processing Procedures, and Fifteen-Day Petition to Deny Period

Report No. AUC-03-83-C

On February 6, 2003, the Media Bureau (the “Bureau”) and the Wireless Telecommunications Bureau announced an auction filing window, from March 10, 2003 to March 14, 2003, for the filing of applications for new FM translator stations and major modifications to authorized FM translator stations in the non-reserved FM band.  The filing window was subsequently extended to March 17, 2003.  On December 11, 2007, the Federal Communications Commission released Creation of a Low Power Radio Service, Third Report and Order and Second Further Notice of Proposed Rulemaking.  The Third Report and Order established a going-forward limit of ten pending short-form applications per applicant from FM translator Auction No. 83 and directed the Bureau to resume processing of applications of those applicants in compliance with the cap.  By this Public Notice, the Audio Division, under delegated authority, releases a list of timely filed applications, from applicants that comply with the cap limit, that are not mutually exclusive with any other applications submitted in the filing window.These “singleton” applications are exempt from the Commission’s auction procedures.

 Required Form and Fees:  All applicants listed in Attachment A must submit a complete FCC Form 349 by June 20, 2008.   All applicants also must submit the required application filing fee, if applicable, and a FCC Form 159, Remittance Advice.  Applicants that previously filed complete applications on FCC Form 349 prior to the 2003 FM translator filing window must comply with these requirements.  Applicants may seek refunds from the Office of Managing Director of filing fees submitted with such prior-filed applications.

How to File:  Applicants must file complete FCC Form 349 applications electronically through the Media Bureau’s Consolidated Database System (CDBS) online electronic forms filing system.  Additional information regarding electronic application filing is provided in Public Notice, Media Bureau Implements Mandatory Electronic Filing of FCC Forms 301-CA, 346, 349 and 350.   When filing the FCC Form 349, applicants must select “Long Form Application for FM Translator Auction Window 83” on the Pre-form for Form 349 (Question 2 – Application Purpose).  In addition, the CDBS file number previously issued to the Form 349 application submitted in the FM translator auction filing window must be entered in the field “Eng. Proposal File Number.”  Instructions for use of the electronic filing system are available in the CDBS User’s Guide, which can be accessed from the electronic filing web site at:

http: //

Internet access to the CDBS public access system at the Commission’s Web Site requires a user to have a browser such as Netscape version 3.04 or Internet Explorer version 3.51, or later.  For technical assistance with electronic filing, call the Media Bureau CDBS Help Desk at (202) 418-2MMB.

The staff will dismiss FCC Form 349 applications not submitted in accordance with the procedures described above.  The staff will dismiss, without further processing, the previously filed technical submissions of any applicant listed in Appendix A that fails to electronically submit the complete FCC Form 349 long form application by June 20, 2008.  The filing deadline will be strictly enforced.

Petition to Deny Filing Period.  The staff will study the submitted “singleton” FCC Form 349 applications for acceptability.  It will subsequently issue CDBS-generated Public Notices entitled “Broadcast Applications” listing those applications determined to be acceptable for filing.  A petition to deny the FCC Form 349 application must be filed within 15 days following the release of the pertinent Public Notice.  Interested parties should monitor these CDBS Broadcast Applications Public Notices.