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Second Post-Auction Filing Window to Open October 3, 2017

September 21, 2017

The Federal Communications Commission (FCC) has announced that the second filing window for the post-Incentive Auction repack will open on Tuesday, October 3, 2017 and continue through Thursday, November 2, 2017.

The second window is open to all television stations that were reassigned to new channels in the Closing and Channel Reassignment Public Notice (including stations that submitted successful bids to move to a VHF channel). Stations participating in the second window may request alternate channels and/or expanded facilities. Requests for expanded facilities must: (1) qualify as minor changes under the Commission’s rules; (2) protect facilities proposed in the first priority filing window and the initial 90-day filing window; and (3) protect facilities specified in applications filed before the April 2013 freeze with “cut-off” protection. Applications filed by Class A stations must also demonstrate that the proposal would not cause interference to a low power television or television translator facility previously authorized or proposed. Applications for alternate channels are considered major change applications and will be subject to local public notice requirements, including a 30-day period during which interested parties may file petitions to deny the requested channel change.

Eligible stations may file their applications at any time during the window; all timely filed applications will be treated as if they were filed on the last day of the window.

After the conclusion of the second window, the FCC will issue a public notice identifying available channels for LPTV and TV translators. No less than sixty days later, the FCC will open an LPTV and TV translator displacement window.

If you have questions or need assistance with your alternate channel/expanded facility or displacement applications, please contact the Wiley Rein attorney who regularly handles your FCC matters or one of the attorneys identified on this client alert.