Updated: Feb 9, 2018
The Commission has released a Public Notice outlining Forward Auction Short-Form Application (FCC Form 175) and the process required to participate in the Forward Auction (Auction 1002). The FCC provides in depth instructions to address a variety of aspects, such as minimum software requirements, information required in different sections of the form, and how to attach additional supplementary forms or explanations. If you are planning on participating in the Forward Auction, you should review the Public Notice to become familiar with the Auction System and the Form 175 requirements. FCC Form 175 must be filed electronically, via the Auction System (auctions.fcc.gov). The initial application filing window opens at 12:00 pm ET on January 26, 2016 and must be submitted and confirmed by 6:00 pm ET on February 9, 2016.
Some, but not all, of Form 175’s requirements are listed below and discussed further in the Public Notice:
- providing basic applicant information, such as name, location, legal classification (i.e. corporation/partnership), etc.;
- indicating whether the applicant is eligible for Designated Entity status through use of rural or small business credits;
- selecting the license area(s) on which the applicant may wish to bid during the auction;
- An applicant must select and save at least one license area. As you may recall, while an applicant is not obligated to bid on any or all of the license areas selected, it will not be able to bid on any license area that has not been selected on its FCC Form 175. These license area selections cannot be changed after the initial filing window has closed.
- identifying auction-related license agreements that are subject to disclosure under the FCC Rules;
- Agreements relating to the licenses being auctioned, including any such agreements relating to the post-auction market structure.
- providing or confirming information regarding parties with ownership or controlling interests in the applicant; and
- If available, an applicant’s most current ownership information on file will automatically be entered into the applicant’s forward auction application, if it is in a format that is compatible with the application.
- certifying that the applicant is in compliance with the foreign ownership provisions of Section 310 or that it has filed a petition for declaratory ruling requesting Commission approval to exceed the statutory foreign ownership limit.
Please contact us if you have any questions or concerns.