Auction 37: FM Broadcast

The following files list each construction permit each qualified bidder in Auction No. 37 selected on their FCC Form 175:
QB_Licenses_selected (text)
QB_Licenses_selected (dbf)

Recent Releases
Major Releases

12/1/2004
Winning Bidders

10/18/2004
Qualified Bidders

9/13/2004
Applications to Participate

6/10/2004
Procedures

4/17/2015
ORDER ON RECONSIDERATION
Barry P. Lunderville, Request for Relief from Bid Withdrawal Payment Obligations Incurred in Auction 37
Word - pdf

Fact Sheet

Date:

Auction 37 began on 11/3/2004 and closed on 11/23/2004.
Round 62 (See PN DA 04-3694)

Licenses:

288 construction permits

Spectrum:

Various vacant allotments
(See Public Notice DA 04-2123)

Bandwidth:

FM - 200 kHz per construction permit

Winning Bidders:

110 bidders won 258 permits

Rounds:

Qualified Bidders:

456

Licenses Won:

258

Total Licenses:

288

Net Bids:

$147,876,075

Gross Bids:

$178,001,500

This FM Broadcast Auction disposed of construction permits on vacant FM allotments, reflecting FM channels assigned to the Table of FM Allotments, 47 C.F.R. § 73.202(b), pursuant to the Commission's established rulemaking procedures, designated for use in the indicated community. The Broadcast First Report and Order states that applicants may apply for any vacant FM allotment, as specified in Public Notice DA 04-2123 , Attachment A. Applicants specifying the same FM allotment will be considered mutually exclusive and, thus, the construction permit for the FM allotment will be awarded by competitive bidding procedures. For all mutually exclusive construction permits, the Commission proposes an electronic simultaneous multiple round auction.

*Note: The original was DA 01-119 . Three subsequent PNs were issued that modified the original list of vacant FM allotments (DA 01-233 , DA 01-448 , DA 01-479 ).

General information and associated licensing parameters are provided below. Public Notices provide specific information regarding this auction. This fact sheet includes:

Key Dates
Permissible Operations
Bidding Credits
License Period

Key Dates

Event	Date
Pre-Auction Seminar	7/22/2004
Form 175 (Short Form) Application Filing Window Opens	7/22/2004; 12:00 noon ET
Form 175 (Short Form) Application Filing Deadline	8/6/2004; 6:00 pm ET
Upfront Payments Deadline	9/24/2004; 6:00 pm ET
Mock Auction	10/28/2004 - 10/29/2004
Auction Start	11/3/2004
Auction Closed	11/23/2004

Permissible Operations

FM Broadcast (FM)- A station employing frequency modulation in the FM broadcast band and licensed primarily for the transmission of radio telephone emissions intended to be received by the general public.

Bidding Credits

A New Entrant Bidding Credit will be available for this auction. Eligibility and application requirements for New Entrant Bidding Credit are specified in Public Notice DA 01-119. Applicants that qualify for the New Entrant Bidding Credit are eligible for a bidding credit that represents the amount by which a bidder's winning bid is discounted. The size of a New Entrant Bidding Credit depends on the number of ownership interests in other media of mass communications that are attributable to the bidder-entity and its attributable interest-holders:

A 35 percent bidding credit will be given to a winning bidder if it, and/or any individual or entity with an attributable interest in the winning bidder, has no attributable interest in any other media of mass communications;
A 25 percent bidding credit will be given to a winning bidder if it, and/or any individual or entity with an attributable interest in the winning bidder, has an attributable interest in no more than three mass media facilities;
No bidding credit will be given if any of the commonly owned mass media facilities serve the same area as the proposed broadcast station, or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, has attributable interests in more than three mass media facilities.

Bidders intending to divest a media interest or make any other ownership changes, such as resignation of positional interests, in order to avoid attribution for purposes of qualifying for the New Entrant Bidding Credit must have consummated such divestment transactions or have completed such ownership changes by no later than the short-form filing deadline – (See "Key Dates").

License Period

A winning bidder will be awarded a construction permit, rather than a "license." Winning bidders will then be required, within a specified time period, to construct their facilities and file an application for a "license to cover construction permit" to obtain a license for the constructed facilities. (See 47 C.F.R. § 73.3598 ) Licenses will be issued for an eight-year term.

Releases P

12/1/2004
PUBLIC NOTICE (DA 04-3694)
FM Broadcast Construction Permits Auction Closes
Auction No. 37 Winning Bidders Announced; Payment and Application Deadlines Established. Down Payments Due December 15, 2004; FCC Form 301 Due January 3, 2005.

10/22/2004
PUBLIC NOTICE (DA 04-3354)
Auction of FM Broadcast Construction Permits; Pleadings Withdrawn
Withdrawal of Application for Review and a Motion of Stay of Auction 37 filed by Minority Media and Telecommunications Council.

10/18/2004
PUBLIC NOTICE (DA 04-3252)
Auction of FM Broadcast Construction Permits - 456 Bidders Qualified to Participate in Auction No. 37
The Federal Communications Commission identifies 456 applicants found to be qualified to bid in the upcoming auction for 288 FM Broadcast construction permits -- Auction No. 37.

9/22/2004
PUBLIC NOTICE (DA-04-3043)
Supplemental Notice Concerning Status of FCC Form 175 Applications to Participate in Auction No. 37, Auction of FM Broadcast Construction Permits
This Public Notice provides instructions to certain Auction 37 applicants for amending their short-form applications.

9/17/2004
ERRATUM
Erratum; Auction of FM Broadcast Construction Permits
Erratum corrects the application categories section and attachment A of DA04-2948 released September 13, 2004.
pdf - Word
Erratum revises PN 04-2948

9/13/2004
PUBLIC NOTICE (DA 04-2948)
Auction of FM Broadcast Construction Permits; Status of FCC Form 175 Applications to Participate in Auction No. 37
This Public Notice announces the status of the 697 FCC Form 175 (short-form) applications to participate in the upcoming auction of 288 FM broadcast construction permits (Auction No. 37) scheduled to begin November 3, 2004.

7/14/2004
PUBLIC NOTICE (DA 04-2123)
Removal of FM Broadcast Construction Permits From Auction No. 37
This Public Notice announces the removal of two FM Broadcast construction permits from Auction No. 37.
See PN DA 04-1699 for auction procedures
Attachment A: pdf - xls

7/7/2004
PUBLIC NOTICE (DA 04-2044)
Auction of FM Broadcast Construction Permits Scheduled for November 3, 2004; Reminder: Pre Auction Seminar July 22, 2004
This Public Notice announces the date of the pre-auction seminar for the FM Broadcast Auction (Auction No. 37) is scheduled for Thursday, July 22, 2004.

6/10/2004
PUBLIC NOTICE (DA 04-1699)
Auction of FM Broadcast Construction Permits Scheduled for November 3, 2004; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures
This public notice announces the procedures and minimum opening bids for the upcoming auction of certain FM Broadcast construction permits (Auction No. 37).
See PN DA 04-2123 for removal of two FM Broadcast construction permits
Attachment A: pdf - xls

6/7/2004
PUBLIC NOTICE (DA 04-1642)
Auction No. 37 Freezes Announced for FM Minor Change Applications and Certain Rulemaking Filings
The Media Bureau announces that it will not accept applications for construction permits for minor changes in authorized commercial and noncommercial educational FM facilities during the Auction No. 37 Form 175 application filing window.

5/6/2004
PUBLIC NOTICE (DA 04-1275)
Auction for FM Broadcast Construction Permits Deadlines Extended for Comments and Reply Comments
Comments period extended from May 6, 2004 to May 17, 2004 and Reply Comments extended to May 24, 2004. Comments Due: 05/17/2004. Reply Comments Due: 05/24/2004.

4/15/2004
PUBLIC NOTICE (DA 04-1020)
Revised Inventory and Auction Start Date for FM Broadcast Construction Permits
Auction rescheduled for November 3, 2004, comment sought on reserve prices or minimum opening bids and other auction procedures.

9/30/2003
PUBLIC NOTICE (DA 03-2990)
Media Bureau Opens Window to Permit Noncommercial Educational Reservation Showings for Certain Vacant FM Allotments
The Media Bureau announces that it will accept reservation showings until November 21, 2003, for all vacant FM allotments except those for which a Notice of Proposed Rulemaking was released on or after August 7, 2000.

9/14/2001
PUBLIC NOTICE (DA 01-2148)
FM Auction No. 37 Postponed
This Public Notice hereby announces the postponement of Auction No. 37 for vacant non-reserved band FM allotments, which was previously scheduled to begin on December 5, 2001.

7/3/2001
PUBLIC NOTICE (DA 01-1441)
Permanent and Interim Application Procedures Announced for Authority to Operate Stations Formerly Licensed to Entities Controlled by Michael Rice
This Public Notice contains information relevant to Auction No. 32 and Auction No. 37 and gives notice of filing windows for applications for permanent and/or interim authority operate stations formerly Licensed to Entities Controlled by Michael Rice.

3/7/2001
PUBLIC NOTICE (DA 01-619)
Auction for FM Broadcast Construction Permits Postponed until December 5, 2001, Broadcast Auction 37 FM Rescheduled from May 9, 2001 Freeze on FM Minor Change Applications Lifted
This Public Notice announces the postponement of Auction No. 37.

2/22/2001
PUBLIC NOTICE (DA 01-479)
Removal of FM Broadcast Construction Permit From Auction No. 37
This Public Notice provides additional information about the FM broadcast construction permits being offered in auction No. 37.
See PN below DA 01-448 for an updated list of the FM broadcast Construction permits

2/21/2001
PUBLIC NOTICE (DA 01-448)
Addendum to Auction Notice and Filing Requirements for FM Broadcast Construction Permits - Auction Rescheduled from February 21, 2001 to MAY 9, 2001, Minimum Opening Bids and Other Procedural Issues
This Public Notice provides the associated bidding units for the 352 FM broadcast construction permits being offered in Auction No. 37. (Note: this attachment has been updated to reflect the change.)
See PN DA 01-479 for removal of one FM broadcast Construction permit
Attachment A: xls

2/16/2001
PUBLIC NOTICE (DA 01-447)
Auction for FM Broadcast Construction Permits Scheduled for May 9, 2001, Pre-Auction Seminar Reminder (Wednesday, March 7, 2001)
This notice announces the pre-auction seminar for the FM Broadcast Auction (No. 37) which is scheduled to begin on May 9, 2001. Interested parties can pre-register using the attached form.
Form only: pdf

1/30/2001
PUBLIC NOTICE (DA 01-233)
Removal of FM Broadcast Construction Permit From Auction No. 37
This Public Notice provides additional information about the FM broadcast construction permits being offered in auction No. 37.

1/19/2001
PUBLIC NOTICE (DA 01-119)
Auction Notice and Filing Requirements for FM Broadcast Construction Permits; Auction Rescheduled from February 21, 2001 to May 9, 2001; Minimum Opening Bids and Other Procedural Issues
This Public Notice announces the procedures and minimum opening bids for the upcoming auction of certain FM Broadcast construction permits (Auction #37).
See PN above DA 01-233 for removal of one FM broadcast Construction permit
See PN above DA 01-448 for an updated list of the FM broadcast Construction permits
Attachment A: xls

1/19/2001
PUBLIC NOTICE (DA 01-118)
FM Minor Change Application Freeze
This Public Notice announces that the Mass Media Bureau will not accept applications for construction permits for minor changes in authorized commercial and noncommercial educational FM facilities from March 7, 2001 to March 19, 2001.

9/29/2000
PUBLIC NOTICE (DA 00-2232)
Auction of Additional FM Broadcast Construction Permits to be Included in Auction No. 37 Scheduled for February 21, 2001 Comment Sought on Reserve Prices or Minimum Opening Bids and Other Auction Procedural Issues
This Public Notice provides additional information about the FM broadcast construction permits being offered in Auction #37, seeks comment and adds and additional eight vacant FM allotments.

9/25/2000
PUBLIC NOTICE (DA 00-2171)
FM Broadcast Auction Scheduled for February 21, 2001. Comment Sought on Reserve Prices or Minimum Opening Bids and Other Auction Procedural Issue
This Public Notice announces the auction of certain FM broadcast construction permits to commence on February 21, 2001.

Releases L

1/29/2015
LETTER (DA 15-126)
Nassau Broadcasting Holdings, Inc., Notice of Interim Default Payment Obligation for Auction 37 Construction Permits FM216-A (Jefferson, NH) and FM325-A (Hardwick, VT)
Assessed interim default payment for Nassau Broadcasting Holdings, Inc. with respect to its participation in Auction 37.

10/1/2008
LETTER (DA 08-1915)
Re: Interim Default Payment Obligation of Walton Stations - New Mexico, Inc. for Auction 37
Assessed the interim default payment obligation for Walton Stations - New Mexico, Inc. with respect to its default arising out of a Commission auction of FM broadcast construction permits (Auction 37).

8/3/2007
LETTER (DA 07-3517)
College Creek Broadcasting, Inc. Re: Interim Default Payment Obligation for Auction No. 37
Provided notice of the interim default payment obligation for College Creek Broadcasting, Inc. with respect to its default arising out of a Commission auction of FM broadcast construction permits.

6/18/2007
LETTER (DA 07-2664)
Letter to Mr. Marcus D. Jones, President, Owensville Communications, LLC; Response to Request for Waiver of Section 1.2109(a) of the Commission's Rules
This letter denies the request of Owensville Communications, LLC for waiver of Section 1.2109(a) of the Commission's rules (Auction No. 37).

4/16/2007
LETTER (DA 07-1731)
Final Default Payment for Auction No. 37, In Vibration, Inc

4/16/2007
LETTER (DA 07-1735)
Final Default Payment for Auction No. 37, Spearman Properties, LLC

4/16/2007
LETTER (DA 07-1743)
Final Default Payment for Auction No. 37, Huryan Family Media, LLC

4/16/2007
LETTER (DA 07-1739)
Final Bid Withdrawal Payments for Auction Nos. 37 and 62, Salvador G. Ceja

4/16/2007
LETTER (DA 07-1736)
Final Bid Withdrawal Payments for Auction Nos. 37 and 62, Steven R. Bartholomew

4/16/2007
LETTER (DA 07-1744)
Final Bid Withdrawal Payments for Auction Nos. 37 and 62, Kemp Communications, Inc

4/16/2007
LETTER (DA 07-1738)
Final Bid Withdrawal Payments for Auction Nos. 37 and 62, Visionary Related Entertainment, LLC

10/31/2006
LETTER (DA 06-2136)
Final Bid Withdrawal Payments for Auction No. 37, Salvador Ceja

10/31/2006
LETTER (DA 06-2131)
Final Bid Withdrawal Payments for Auction No. 37, Bigglesworth Broadcasting, LLC

10/31/2006
LETTER (DA 06-2126)
Final Bid Withdrawal Payment for Auction No. 37, Advance Acquisition, Inc.

10/31/2006
LETTER (DA 06-2127)
Final Bid Withdrawal Payment for Auction No. 37, Airen Broadcasting Company

10/31/2006
LETTER (DA 06-2130)
Final Bid Withdrawal Payment for Auction No. 37, Steven R. Bartholomew

10/31/2006
LETTER (DA 06-2137)
Final Bid Withdrawal Payment for Auction No. 37, College Creek Broadcasting, Inc.

10/31/2006
LETTER (DA 06-2139)
Final Bid Withdrawal Payment for Auction No. 37, Cumulus Licensing, LLC

10/31/2006
LETTER (DA 06-2145)
Final Bid Withdrawal Payment for Auction No. 37, Fields Pond Group

10/31/2006
LETTER (DA 06-2150)
Final Bid Withdrawal Payment for Auction No. 37, Hispanic Target Media, Inc.

10/31/2006
LETTER (DA 06-2154)
Final Bid Withdrawal Payment for Auction No. 37, Kemp Communications, Inc.

10/31/2006
LETTER (DA 06-2155)
Final Bid Withdrawal Payment for Auction No. 37, LaGrange Broadcasting Corporation

10/31/2006
LETTER (DA 06-2158)
Final Bid Withdrawal Payment for Auction No. 37, Barry P. Lunderville

10/31/2006
LETTER (DA 06-2162)
Final Bid Withdrawal Payment for Auction No. 37, Nassau Broadcasting Holdings, Inc.

10/31/2006
LETTER (DA 06-2176)
Final Bid Withdrawal Payment for Auction No. 37, Ben Tunis Company, Inc.

4/22/2005
LETTER (DA-05-1118)
Spearman Properties, LLC Notice of Interim Default Payment Obligations for Auction No. 37
Letter from the WTB, Auction and Spectrum Access Division to Spearman Properties, LLC concerning the calculations for their interim default payment obligations for Auction No. 37.

4/22/2005
LETTER (DA 05-1116)
Huryan Family Media, LLC's Notice of Interim Default Payment Obligation for Auction No. 37
Letter from the WTB, Auction and Spectrum Access Division to Huryan Family Media concerning the calculations for their interim default payment obligations for Auction No. 37

4/22/2005
LETTER (DA 05-1117)
LaGrange Broadcasting Corporation Interim and Final Bid Withdrawal Payments for Auction No. 37
Assessed final and interim bid withdrawal payments as computed to LaGrange Broadcasting

4/14/2005
LETTER (DA-05-623)
Notice of Interim Default Payment Obligations for Auction No. 37
Letter from the WTB to Alva Fearon, President, in Vibration, Inc., concerning the calculations for its interim default payment obligations for Auction No. 37.

11/12/2004
LETTER (DA 04-3582)
Letter Denying Robert J. Ingstad's Request
This letter denies the request from Robert J. Ingstad to suspend L. Topaz Enterprises, Inc., from bidding in Auction No. 37.

11/12/2004
LETTER (DA 04-3583)
Lauren A. Colby, ESQ.
Issued letter to Lauren A. Colby, Esq. acknowledging receipt of correspondence on behalf of client John Fuller.

11/12/2004
LETTER
Letter Denying Request from Melodie A. Virtue, Esq.
This letter denies the request from Horizon Broadcasting Group, LLC to re-evaluate the eligibility of a bidder in Auction No. 37.
pdf - Word

9/24/2004
LETTER (DA 04-3065)
Letter Denying Tracy Broadcasting Corporation's Request in Auction 37
This letter denies counsel's request to reverse the rejection of Tracy Broadcasting Corporation's application to participate in Auction 37.

9/23/2004
LETTER (DA 04-3058)
Ideas for Business, Inc. - Request for Waiver of Short Form Application (FCC Form 175) Deadline for FM Broadcast; Auction No. 37
The letter denies the request for waiver of the deadline for filing a short-form application (FCC Form 175) to participate in Auction No. 37 filed on behalf of Ideas for Business, Inc.

9/22/2004
LETTER (DA-04-3037)
Letter Regarding Joint Petition for Reconsideration or Waiver of the Rules for Reinstatement of Rejected Applications Relating to FM Auction No. 37
This letter waives Section 1.2105(b)(2) of the Commission's rules, to a limited extent, for Auction 37 applicants that indicated "Noncommercial Educational" applicant status.

9/14/2004
LETTER (DA-04-2975)
Letter to Mr. Richard Hodson of Hodson Broadcasting
This letter denies Hodson Broadcasting's request for waiver of Section 1.206(a) Former Defaulter Upfront Payment Requirement for Participation in FM Broadcast Auction No. 37.

Releases O

4/17/2015
ORDER ON RECONSIDERATION
Barry P. Lunderville, Request for Relief from Bid Withdrawal Payment Obligations Incurred in Auction 37
Wireless Telecommunications Bureau denied a petition for reconsideration by Barry P. Lunderville, who seeks a reduction in his payment obligation resulting from his withdrawal of a provisionally winning bid for an FM broadcast construction in Auction 37.
Word - pdf

1/14/2013
MEMORANDUM OPINION AND ORDER (FCC 13-7)
Barry Lunderville, College Creek Broadcastings, Inc., and Cumulus Licensing LLC, Petition for Reconsideration; Connoisseur Media, LLC, Application for Review; Nassau Broadcasting Holdings, Inc., Petition for Reconsideration
Denied the requests from five bidders in FM broadcast auction for relief from payment obligations arising from bid withdrawals.

2/24/2011
MEMORANDUM OPINION AND ORDER (DA 11-209)
Connoisseur Media, LLC Petition for Refund of Winning Bid in Auction 37 for FM Construction Permit for Pacific Junction, Iowa
Granted the Request for Refund of Winning Bid Amount for Pacific Junction, Iowa, Construction Permit in Auction 37.

2/24/2010
MEMORANDUM OPINION AND ORDER
Fireside Media
Dismissed the Petition for Partial Reconsideration.
pdf - Word

8/22/2008
ORDER (FCC 08-191)
Fireside Media - Request for Compromise of Debts Pursuant to 31 U.S.C. Section 3711
Granted request for compromise of debt obligations incurred as a result of withdrawing provisionally winning bids during Auction 37.

7/2/2008
ORDER (DA 08-1581)
In the Matter of Barry P. Lunderville, Connoisseur Media, LLC, College Creek Broadcasting, Inc., Cumulus Licensing LLC, and Kemp Communications, Inc., Request to Reduce Bid Withdrawal Payments; Connoisseur Media, LLC, Petition for Reconsideration and Request for Refund of Bid Withdrawal Payment; Nassau Broadcasting Holdings, Inc., Petition for Reconsideration or, in the Alternative, Request for Waiver of Bid Withdrawal Payment Rule
Addressed several petitions and requests seeking relief from bid withdrawal payment obligations incurred under Section 1.2104(g) of the Commission's rules as a result of withdrawing provisionally winning bids in Auction No. 37.

10/22/2007
ORDER (DA 07-4367)
Advance Acquisition, Inc., Request for Waiver of Bid Withdrawal Payment

2/27/2007
MEMORANDUM OPINION AND ORDER (DA 07-880)
Request for Waiver of Section 1.2109(b) of the Commission's Rules and Request for Discretionary Implementation of Section 1.2109(b) of the Commission's Rules
In this order the Auctions and Spectrum Access Division denies waiver requests of three unsuccessful bidders, Glory Communications, Inc., Jeremy Itz and 2510 Licenses, LLC, for award of FM station construction permits of Auction Nos. 37 & 62.

2/7/2007
MEMORANDUM OPINION AND ORDER (DA 07-596)
Radio Layne, LLC, Request for Waiver of Section 1.2109 of the Commission's Rules
Granted the partial waiver of Section 1.2109 of the Commission's rules to Radio Layne, LLC, the winning bidder for FM broadcast construction permit FM003A (King Salmon, AK) in Auction No. 37.

11/2/2004
MEMORANDUM OPINION AND ORDER (FCC 04-261)
Richard Hodson - Request for Waiver of Section 1.2106(a) of the Commission's Rules
This Memorandum Opinion and Order denies the Application for Review filed by Richard Hodson on October 4, 2004, seeking reversal of the Bureau's decision to deny Hodson Broadcasting's request for waiver of Section 1.2106(a) of the Commission's Rules.

4/10/2003
SECOND REPORT AND ORDER (FCC 03-44)
Reexamination of the Comparative Standard for Noncommercial Educational Applicants
In this Second Report & Order, we establish new policies for licensing spectrum that the Commission has not reserved for the exclusive use of broadcast stations that provide or intend to provide noncommercial educational ("NCE") service.
Statement of Commissioner Copps: pdf - Word
Erratum: Word