FCC Clarifies What Communications Are Barred Around Incentive Auction, in New PN

The FCC clarified what communications are and aren't barred around the incentive auction. The clarification came in an 18-page public notice Tuesday evening. There are three exceptions in which communications on bids or bidding strategies are OK, with some caveats, the PN said: if licensees share a common controlling interest or some personnel; between a broadcaster and a forward auction applicant that have such overlapping interests; and between broadcasters that are part of channel-sharing agreements. Also OK, the commission said: "Communicating directly or indirectly that a licensee has or has not filed an application to participate in the reverse auction does not constitute communication regarding an applicant’s bids or bidding strategies and therefore does not violate the reverse auction rule prohibiting certain communications." And "routine" business communications that don't convey bids or bidding strategies are allowed, as are discussions with some third parties.