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$3,000 Forfeiture Awaits Winning Bid in CP Auction

Applicant neglected to file certain post-auction documents on time

The winning bidder for a broadcast construction permit auction had her application approved, but she may incur a fine for failing to file important post-auction documents.

The Federal Communications Commission says Nanette Valdez-Schwartz took part in the July 2021 auction of AM and FM broadcast construction permits known as Auction 109 and was the winning bidder of an FM construction permit at Medicine Bow, Wyo.

Winning bidders were required to file certain forms by Sept. 13 — in Valdez-Schwartz’s case, post-auction FCC Form 2100, Schedule 301, otherwise known as a long-form application.

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The Media Bureau had warned that any winning bidder who failed to submit the required forms before the deadline and failed to establish a good cause for late submission would be in default. Those applicants would not only be subject to monetary forfeitures, but in most cases would see their application dismissed outright.

There are cases, however, when the Media Bureau decides to accept a late-filed application. It can consider these when the delinquency does not disrupt the auction process or undermine the FCC’s goal of getting service out to the public rapidly.

In Valdez-Schwartz’s case, she did not file the form by Sept. 13, but she did get submit it two weeks later. She also made a rule-compliant late payment on the balance of her auction bid. In approving the application, the bureau said it also gave weight to her record of compliance with previous auction-related requirements.

One thing Valdez-Schwartz did not do was to file a waiver request along with her late application.

But despite that, the bureau said it believes it is in the public interest to move ahead and implement a new service in Medicine Bow.

As a result, the FCC granted Valdez-Schwartz a waiver, assuming she makes the $3,000 forfeiture payment listed in the notice of apparent liability. She has 30 days to file a written statement asking for reduction or cancellation.

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