*Pages 1--7 from Microsoft Word - 9172.doc* 1 PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION News Media Information: (202) 418- 0500 445 12th STREET, S. W. Fax- On- Demand: (202) 418- 2830 WASHINGTON, D. C. 20554 Internet: http:// www. fcc. gov ftp. fcc. gov DA 01- 1288 May 25, 2001 Low Power Television Auction No. 81 Non- Mutually Exclusive Proposals Mass Media Bureau Announces June 25, 2001, FCC Form 346 Application Deadline On June 23, 2000, the Mass Media Bureau and Wireless Telecommunications Bureau (Bureaus) announced a limited auction filing window for certain low power television (LPTV), television translator, and Class A television broadcast stations. 1 The filing window was partially extended to permit the engineering portion of the filing to be submitted up to August 31, 2000. 2 By this public notice, the Video Services Division, under delegated authority, provides as Attachment A a list of all proposals received during the filing widow, as partially extended, that are not mutually exclusive with any other proposal submitted in the filing window. 3 Since the proposals listed in Attachment A are not mutually exclusive with any other proposal, i. e., since they are “singletons,” they will not be subject to the Commission’s auction procedures. 4 By this 1 See Notice and Filing Requirements Regarding July 31 through August 4, 2000, Limited Low Power Television/ Television Translator/ Class A Television Auction Filing Window, Public Notice, DA 00- 1383, released June 23, 2000. Since any mutually exclusive application filed during the window would be subject to the Commission’s auction procedures, applicants were required to file electronically an FCC Form 175, Application to Participate in an FCC Auction, by the August 4, 2000 deadline. LPTV and television translator filers were required also to file Section I, the Tech Box portion of Section III, and Question 12 of Section III of FCC Form 346. Class A television filers were required also to submit Section I and the Tech Box portion of Section III of FCC Form 301- CA. 2 See Limited Low Power Television/ Television Translator/ Class A Television Auction Filing Window Partially Extended to August 31, 2000, Public Notice, DA 00- 1648, July 25, 2000. 3 Other non- mutually exclusive proposals from this window were identified on Public Notice, DA 01- 383, released February 13, 2001. 4 See 47 U. S. C. § 309( j); 47 C. F. R. § 73. 5005( d); First Report and Order, Implementation of Section 309( j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, 13 FCC Rcd 15920, 15944 (1998) (“ Broadcast Auction First Report and Order”). 1 2 public notice, the Video Services Division announces processing procedures for the singleton proposals. In another public notice being released this day, the Bureaus have announced those proposals that are mutually exclusive and have afforded those parties a 60- day window of opportunity to settle their mutually exclusivity. Following the settlement period, the Bureaus will propose an auction date and auction procedures for selecting among the remaining MX proposals. Required Forms and Fee: The parties listed in Attachment A must now submit a complete FCC Form 346 (June 2000 version) by June 24, 2001, pursuant to the procedures set forth in the Commission’s rules. 5 Along with an FCC Form 346, parties must also by June 25, 2001 submit the required application filing fee of $570.00 for an FCC Form 346 and an FCC Form 159, Remittance Advice. 6 Applicants filing their FCC Form 346 in paper form should check the appropriate response to Question 5 of Section I (either “new station,” “major modification of construction permit” or “major change in licensed facility”) and include the file number listed in Attachment A in the space provided in Question 5( a) of Section I of the Form. Where to File: To submit by mail, send an original and two copies of the FCC Form 346 application and an original FCC Form 159 to: Federal Communications Commission, Mass Media Services, P. O. Box 358185, Pittsburgh, Pennsylvania 15251- 5190. 7 To hand carry, in person or by courier, deliver an original and two copies of the FCC Form 346 application to: Mellon Bank, Three Mellon Bank Center, 525 William Penn Way, 27th Floor, Room 153- 2713, Pittsburgh, Pennsylvania 15259- 0001 (Attention: Wholesale Lockbox Shift Supervisor). Applicants should send a courtesy copy of each FCC Form 346 application to Hossein Hashemzadeh, Video Services Division, Mass Media Bureau, Federal Communications Commission, 445 12 th Street, S. W., Washington, D. C. 20554. Applicants may also file their FCC Form 346 application( s) electronically. For electronic application filers, an FCC Form 159 in payor form should also be sent to the Federal Communications Commission in the manner set forth above. Instructions for use of the electronic filing system are available in the CDBS User’s Guide, which can be accessed from the electronic filing web site at: http: // www. fcc. gov/ mmb For assistance with electronic filing, call the Mass Media Bureau Help Desk at (202) 418- 2MMB. The staff will return applications not submitted in accordance with the procedures described above. The staff will dismiss, without further processing, the previously filed 5 See 47 U. S. C. § 8; 47 C. F. R. §§ 0.401( b), 1. 1104, 1. 1109, 1.1110, 73. 5005( d), 73. 3512. 6 See 47 C. F. R. § 1. 1104 and the Mass Media Bureau Application Fee Filing Guide available at the following Internet location: http:// www. fcc. gov/ fees/ 2000mmbguide. pdf 7 See 47 C. F. R. §§ 0. 401( b), 1.1104. 2 3 technical submissions of any applicant that fails to submit the complete FCC Form 346 and/ or pay the requisite filing fee by June 25, 2001. 8 Acceptance and Petition to Deny Filing Period. Inclusion on Attachment A of this Public Notice does not constitute acceptance of a proposal. The staff will study the submitted FCC Form 346 applications for acceptability. It will subsequently announce applications determined to be acceptable for filing and for which the staff is prepared to grant. Petitions to deny these FCC Form 346 applications must be filed within 15 days following the release of the public notice announcing acceptance of the applications at issue. 9 Interested parties should monitor these public notices. For additional information, contact Shaun Maher (legal) or Hossein Hashemzadeh (technical) of the Video Services Division at (202) 418- 1600. This Public Notice contains the following Attachment: Attachment A: Non- Mutually Exclusive Proposals Not Subject to Auction 8 See 47 C. F. R. § 73. 5005. Pursuant to procedures adopted in the Broadcast Auction First Report and Order, non- mutually exclusive applicants filing FCC Form 346 applications may change the technical proposals specified in their previous filing. However, such non- mutually exclusive applicants may not specify in the FCC Form 346 application a change in the proposed facility that constitutes a major change from the facility specified earlier, nor may applicants create new mutual exclusivity or application conflict. See Broadcast Auction First Report and Order, 13 FCC Rcd at 15991. 9 See 47 C. F. R. § 73. 5006. 3 4 ATTACHMENT A BNPTT 20000830BSI 131194 ACME TELEVISION LICENSES OF OREGON, LLC 21 NEHALEM & ROCKAWAY OR BNPTT 20000831CGE 130859 ACME TELEVISION LICENSES OF UTAH, LLC 40 ROOSEVELT UT BNPTT 20000831AUJ 128242 ACME TELEVISION LICESNSES OF UTAH 40 DUCHESNE UT BMAPTTL 20000831CMS 2712 ARIES TELECOMMUNIC ATION CORPORATION 31 MENOMINEE MI BMJPTT 20000831CKN 57448 AZTECA BROADCASTING CORPORATION 66 SALT LAKE CITY UT BNPTTL 20000831BQT 129236 BELL MOUNTAIN COMMUNICATIO NS, INC. 39 BRADY TX BMJPTTV 20000831CKK 8303 CALIFORNIA OREGON BROADCASTING , INC. 2 GOLD HILL OR BMJPTTV 20000831AMS 8235 CALIFORNIA OREGON BROADCASTING , INC. 13 JACKSONVILLE, ETC. OR BNPTTL 20000831AHS 127403 DAVID PRIMM 16 BARSTOW CA BNPTT 20000828ALK 126978 ELKO TELEVISION DISTRICT 47 ELKO NV BNPTT 20000828BCV 129068 ELKO TELEVISION DISTRICT 32 ELKO NV BNPTTL 20000831ANR 127930 EQUITY BROADCASTING CORPORATION 16 GLOBE AZ BNPTTL 20000831EIO 130779 G& M MEDIA PARTNERS, LLC 23 LAREDO TX BNPTTL 20000828AJL 126616 HUMBOLDT COUNTY 40 VALMY NV 4 5 BNPTT 20000809AAU 125426 IRON COUNTY 49 NEW CASTLE, ETC UT BNPTT 20000808AAO 125357 IRON COUNTY 49 NEW CASTLE, ETC. UT BNPTVL 20000831ANB 127905 JOHN R. POWLEY 13 CHARLOTTESVI LLE VA BNPTTL 20000831BZM 129841 JOHN R. POWLEY 35 GEORGE WEST TX BNPTVL 20000829ANM 130039 KENNETH E. LEWETAG 4 NEWPORTOR BMJPTT 20000816ACP 35303 KOB- TV 47 TAOS NM BNPTTL 20000824AEE 130290 LANGER BROADCASTING GROUP, LLC 40 GRAND COULEE WA BNPTTL 20000831CBK 129906 MARK A. GOFF 58 MOHALL ND BNPTTL 20000831BZC 129827 MARK SILBERMAN 54 GRAND FORKS ND BNPTTL 20000831BYF 129774 MARK SILBERMAN 58 SHEEP SPRINGS NM BNPTTL 20000831BZQ 129842 MARK SILBERMAN 57 STINNETT TX BNPTTL 20000831CKV 131111 MARTIN WEISS 46 UTICA NY BNPTVL 20000831BPG 129161 MICHAEL MATTSON 5 ASTORIA OR BNPTT 20000815ABK 125546 MINERAL TELEVISION DISTRICT #1 18 MINA- LUNING NV BNPTTV 20000831BTH 129400 MOHAVE COUNTY BOARD OF SUPERVISORS 7 BULLHEAD CITY AZ BMAPTTL 20000821ABB 49972 OCEAN 22 BROADCASTING ASSN. 14 SUSSEX COUNTY DE BNPTTL 20000831EII 131265 PETE E. M. WARREN III 56 BIG SPRING TX BMAPTT 20000830BSE 55050 RAMAR COMMUNICATIO NS II, LTD 42 MATADOR TX BMJPTTL 20000830BPX 67433 RESORT SPORTS NETWORK, INC. 28 RED CLIFF CO BMAPTTL 20000831CJS 59500 RICE CAPITAL BROADCASTING CO, INC. 14 LAKE CHARLES LA 5 6 BNPTTV 20000828BEU 130130 SAN JUAN COUNTY 4 MONTEZUMA CK/ ANETH UT BMJPTTV 20000831CKM 13818 SMITH BROADCASTING GROUP, INC. 13 DOUGLAS, ETC. AK BMJPTTL 20000831COD 61489 SOUTHWEST COLORADO TELEVISION TRANSLATOR ASSOCIATION 14 CORTEZ CO BMJPTTL 20000831CNR 61473 SOUTHWEST COLORADO TELEVISION TRANSLATOR ASSOCIATION 20 CORTEZ, ETC. CO BNPTTL 20000831EIW 130727 TELECOM WIRELESS, LLC. 26 DOUGLAS AZ BNPTTL 20000831EKE 130764 TELECOM WIRELESS, LLC. 21 HENDERSON TN BNPTTL 20000831ELI 130672 TIGER EYE LICENSING, LLC 14 CARROLLTON AL BNPTTL 20000831ELK 130676 TIGER EYE LICENSING, LLC 20 CARROLLTON AL BNPTTL 20000831ELM 130684 TIGER EYE LICENSING, LLC 51 CARROLLTON AL BNPTVL 20000831ELG 130647 TIGER EYE LICENSING, LLC 7 TOPEKA KS BNPTT 20000830ATV 128932 TRINITY BROADCASTING NETWORK 41 HAYS KS BNPTTL 20000831AQP 128061 TRINITY CHRISTIAN CENTER OF SANTA ANA, INC. 35 OCEAN CITY MD BNPTT 20000831BYC 129769 TRINITY CHRISTIAN CENTER OF SANTA ANA, D/ B/ A TRINTY BOADCASTI 58 DULUTH MN BMAPTVL 20000831CNC 30081 WILM, INC. 10 WILMINGTON NC BNPTTL 20000831CHX 130950 WORD OF GOD FELLOWSHIP, INC. 28 DALTON GA 6 7 BNPTTL 20000831CJZ 131060 WORD OF GOD FELLOWSHIP, INC. 27 DUNNELLON FL BNPTTL 20000831CKQ 131104 WORD OF GOD FELLOWSHIP, INC. 42 JACKSON TN BNPTVL 20000831CKL 131100 WORD OF GOD FELLOWSHIP, INC. 9 MAYO FL BNPTVL 20000831CKO 131101 WORD OF GOD FELLOWSHIP, INC. 6 MT. OLIVE VA 7