*Pages 1--3 from Microsoft Word - 23932.doc* PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 TWELFTH STREET, S. W.; TW- A325 WASHINGTON, D. C. 20554 News Media Information: (202) 418- 0500 Fax- On- Demand: (202) 418- 2830 Internet: http:// www. fcc. gov ftp. fcc. gov DA 02- 3494 Released: December 20, 2002 FCC ANNOUNCES IT IS PREPARED TO GRANT BROADCAST CONSTRUCTION PERMIT TO UNITY BROADCASTERS AFTER FINAL PAYMENT IS MADE Balance of Winning Bid due by January 7, 2003 Auction No. 25 On October 8, 1999, the Federal Communications Commission completed the auction of 118 broadcast construction permits for new AM, FM, FM Translator, full power television, low power television and TV Translator stations. 1 After a preliminary review of the FCC long- form applications (FCC Form 301, 346 and 349), all of the applications were accepted for filing. 2 One of the applications accepted for filing was that of Abundant Life, Inc. (“ ALI”), the winning bidder in Mutually Exclusive Group FM 76 of Auction No. 25, for a new FM broadcast construction permit at Hattiesburg, Mississippi. 3 ALI’s application was dismissed after it defaulted by failing to make its final auction payment in a timely manner. 4 Pursuant to Section 1.2109( c) of our Rules, 5 the Hattiesburg construction permit was offered to Unity Broadcasters (“ Unity”), the next highest bidder in Mutually Exclusive Group FM 76. 6 Unity made its down payment on March 7, 2002, and has been found legally and technically 1 See Public Notice, “Closed Broadcast Auction No. 25 Closes,” DA 99- 2153 (MB/ WTB October 12, 1999). 2 See Public Notice, “Closed Broadcast Auction Winning Bidder Applications Accepted For Filing,” DA 99- 2709 (MB December 3, 1999). 3 File No. BPH- 19930208MA. 4 Abundant Life, Inc., 17 FCC Rcd 4006 (2002). 5 47 C. F. R. § 1.2109( c). See also Implementation of 309( j) of the Communications Act – Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Services, First Report and Order in MM Docket No. 97- 234, GC Docket No. 92- 52 and GEN Docket No. 90- 264, 13 FCC Rcd 15920, 15952, 15953 n. 81 (1998) (“ Broadcast First Report and Order”). 6 File No. BPH- 19930208MC. See Broadcast First Report and Order, 13 FCC Rcd 15952, 15953 n. 81 (while Section 1.2109 generally gives the Commission discretion either to re- auction licenses to existing or new applicants, or to offer licenses to other high bidders in the event of default by, or disqualification of, the winning bidder, offering the construction permit to the next highest bidder best comports with the statutory participation 1 2 qualified to be a Commission licensee, and that grant of a construction permit would be in the public interest, convenience, and necessity. 7 By this Public Notice, the Media Bureau, under delegated authority, announces that it is prepared to grant Unity’s construction permit application, listed in Attachment A of this Public Notice, following the full and timely payment of the remaining balance of Unity’s high bid. 8 Therefore, in accordance with the procedures adopted in the Broadcast First Report and Order, 9 a lump sum final payment from Unity must be received by the Commission within ten business days of the date of this Public Notice (i. e., by January 7, 2003). 10 Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. 11 Section 1.2109( a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid( s) in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i. e. by January 22, 2003), provided that it also pays a late fee equal to five percent of the amount due. 12 If Unity fails to pay the balance of its high bid by the late payment deadline of January 22, 2003, it will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. 13 In such an event, it will also be assessed default payments as prescribed by Commission rules. See generally 47 C. F. R. §§ 1. 2104 (g)( 2), 1.2109( a). By public notice, the Media Bureau will announce the grant of Unity’s construction permit after the Commission has received timely final payment of the high bid amount. An individual facility authorization will be issued shortly thereafter. restrictions in Auction No. 25). 7 Letter to Jerrold D. Miller, Esq., Richard H. Waysdorf, Esq., Mark Van Bergh, Esq., Harry F. Cole, Esq., and Abundant Life, Inc., Ref. No. 1800B3- TSN (MB Dec. 11, 2002). 8 See 47 C. F. R. § 73. 5006( d) (a public notice will be issued announcing that the broadcast construction permit is ready to be granted if the Commission denies or dismisses all petitions to deny and is otherwise satisfied that an applicant is qualified). 9 See note 5 supra. 10 See 47 C. F. R. § 1. 2109( a). 11 See Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, WT Docket No. 97- 82, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997) (amending the Commission's Part 1 competitive bidding rules); see also 47 C. F. R. § 1.2109( a). 12 See 47 C. F. R. §§ 1. 2109( a), 73. 5003. 13 See e. g. 47 C. F. R. §§ 1. 2104( g)( 2), 1. 2109, 1. 2107( b); see also Public Notice, “Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules,” DA 96- 481, 11 FCC Rcd 10853 (WTB 1996). 2 3 PAYMENT INSTRUCTIONS All payments must be made in U. S. currency in the form of a wire transfer. See 47 C. F. R. § 1.2107( b). No personal checks, cashier’s checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6: 00 p. m. Eastern Standard Time, on January 7, 2003 (or 6: 00 p. m. Eastern Standard Time, January 22, 2003, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated and for the transmission to be completed prior to the deadline. To submit funds by wire, applicants will need the following information to properly effect the transmittal: ABA Routing Number: 043000261 Receiving Bank: Mellon Pittsburgh BNF: FCC/ Account #911- 6106 OBI Field: (Skip one space between each information item) “AUCTIONPAY” FCC REGISTRATION NO. (FRN) (same as FCC Form 159, Block 11 OR 21) PAYMENT TYPE CODE (enter “A25D”) FCC CODE 1 (same as FCC Form 159, Block 28A: “25”) PAYOR NAME (same as FCC Form 159, Block 2) LOCKBOX No.: 358850 Payment must be accompanied by a completed FCC Remittance Advice Form (FCC Form 159). On the same business day that the applicant pays the balance due to Mellon Bank, the applicant must submit a completed FCC Form 159 via facsimile at (412) 209- 6045, at least one hour prior to placing the order for the wire transfer. On the FCC Form 159, applicants must use the same FCC Taxpayer Identification Number (TIN) used on their Form 175. For questions regarding the calculation and submission of final payment, the FCC Form 159 and refunds, contact Gail Glasser or Tim Dates, Office of the Managing Director, Financial Operations Center, Auctions Accounting Group, at (202) 418- 0578 or (202) 418- 0496. For questions regarding legal and licensing issues, contact Lisa Scanlan or Tom Nessinger, Media Bureau, Audio Division, at 418- 2700. This Public Notice contains the following attachment: Attachment A: Auction 25 Application Ready for Grant 3