*Pages 1--6 from Microsoft Word - 28898* 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 03- 2098 June 27, 2003 CLOSED BROADCAST AUCTION NO. 54 CONSTRUCTION PERMITS FOR NEW BROADCAST STATIONS Status of FCC Form 175 Applications to Participate in the Auction Report No. AUC- 03- 54- C (Auction No. 54) The Federal Communications Commission (“ Commission”) has received eleven FCC Form 175 applications to participate in Auction No. 54 scheduled to begin on Wednesday, July 23, 2003, for one new full power television (TV), two low power television (LPTV), and four FM broadcast stations. The applications have been reviewed for completeness and compliance with the Commission’s rules, and have been classified into the categories listed below. Application Categories: ACCEPTED FOR FILING.............................................. 5 Applications INCOMPLETE.................................................................. 3 Applications REJECTED……………………………………………… 3 Applications Accepted: Applications accepted for filing are listed alphabetically in Attachment A. These applicants will become qualified bidders upon receipt of the required upfront payment due by 6: 00 p. m. ET on Thursday, July 3, 2003. 1 With respect to the FCC Form 175 applications, these applicants need take no further action except as may be necessary to maintain the accuracy of their applications. 2 Attachment A also includes FCC account numbers that were automatically created by the FCC software system for each applicant and indicates the construction permit( s) selected by each applicant on its FCC Form 175 filing. 1 See 47 C. F. R. § 1.2106. 2 See 47 C. F. R. § 1. 65. See also Closed Broadcast Auction No. 54 Construction Permits for New Broadcast Stations Scheduled for July 23, 2003, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures, Public Notice, DA 03- 1547, at 15- 17 (rel. May 12, 2003) (“ Auction No. 54 Procedures Public Notice”). 1 2 Incomplete: Applications found to be incomplete are listed alphabetically in Attachment B. Applicants whose FCC Form 175 applications have been deemed incomplete will receive overnight correspondence indicating what information is required to make the applications acceptable for filing. These applicants may become qualified bidders only if they: (1) make the required upfront payments by 6: 00 p. m. ET on Thursday, July 3, 2003; and (2) resubmit their applications by 6: 00 p. m. ET on Thursday, July 3, 2003, to correct the deficiencies indicated. Applicants also must maintain the accuracy of their FCC Form 175 applications as required by the Commission’s rules. 3 Applicants are advised that Attachment B includes FCC account numbers that were automatically created by the FCC software system for each applicant. The filing window for resubmitting FCC Form 175 applications is now open. Corrected applications must be filed no later than 6: 00 p. m. ET on Thursday, July 3, 2003. This will be the only opportunity to cure FCC Form 175 defects; late resubmissions will not be accepted. In addition, if an application remains incomplete or otherwise deficient after the resubmission deadline has passed, the application will be dismissed. Rejected: Applications classified as rejected are listed alphabetically in Attachment C. Applicants whose applications have been classified as rejected are disqualified from participation in Auction No. 54. Certain MX Groups will be removed from Auction No. 54 because only one completed and timely submitted FCC Form 175 was filed or accepted for those MX Groups. In these cases, the underlying long- form applications associated with these FCC Form 175 applications will be the subject of an applicant qualifications review or other appropriate Commission action by the Media Bureau at a later date. In addition to Attachments A, B, and C, this Public Notice includes the following attachment: Attachment D: MX Groups Removed from the Auction UPFRONT PAYMENT DEADLINE Upfront payments and accompanying FCC Remittance Advice (FCC Form 159) for Auction No. 54 are due in the proper account at Mellon Bank, Pittsburgh, Pennsylvania, no later than 6: 00 p. m. ET on Thursday, July 3, 2003. In order to meet the Commission’s upfront payment deadline, an applicant’s payment must be credited to the Commission’s account by the deadline. 4 Payments must be made by wire transfer in accordance with the instructions provided in the Auction No. 54 Procedures PN. 5 No other payment method is acceptable for this auction. Applicants are reminded to use their FCC Registration Number (“ FRN”) and Taxpayer Identification Number (“ TIN”), not their FCC Account Numbers on the FCC Form 159. Applicants must fax a completed FCC Form 159 (Revised February 2000) to Mellon Bank at (412) 209- 6045 at least one hour before placing the order for the wire transfer (but on the same business day). Applicants that have filed applications deemed to be incomplete, as noted in this public notice, must submit timely and sufficient upfront payments before the Commission will review their submitted 3 See 47 C. F. R. § 1.65 4 Letter from Margaret W. Wiener, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, to Patrick Shannon, Esq., Counsel for Lynch 3G Communications Corporation, DA 03- 1944, dated June 13, 2003. 5 See Auction No. 54 Procedures Public Notice at 18. 2 3 applications. If no upfront payment is made or the application remains incomplete following its resubmission, the application will be dismissed. If the applicant has provided its FRN, TIN and wire transfer instructions, any upfront payment made prior to dismissal will be refunded automatically. Applicants are responsible for obtaining confirmation from their financial institution that Mellon Bank has timely received their upfront payment and deposited it in the proper account. We remind applicants that to avoid untimely upfront payments they should discuss arrangements (including bank closing schedules) with their banker several days before making the wire transfer, and allow sufficient time for the transfer to be initiated and completed before the deadline. Detailed information regarding upfront payments including additional requirements for “former defaulters” can be found in the Auction No. 54 Procedures Public Notice under Section II. E and Section III. D. 6 Note: Applicants are reminded to submit the same FRN with all future payments. OTHER IMPORTANT INFORMATION Qualified Bidders: Approximately one week after the upfront payment deadline, following Commission review of resubmitted FCC Form 175 applications, and correlation of payments and applications, a public notice listing all applicants qualified to bid in the auction will be released. The same public notice will also include instructions for participating in the mock auction and a bidding schedule for the mock auction and the first day of the auction. Due Diligence: Potential bidders are reminded that they are solely responsible for investigating and evaluating all technical and market place factors that may have a bearing on the value of the broadcast facilities in this auction. The FCC makes no representations or warranties about the use of this spectrum for particular services. Potential bidders are strongly encouraged to conduct their own research prior to Auction No. 54 in order to determine the existence of pending proceedings that might affect their decisions regarding participation in the auction. Participants in Auction No. 54 are strongly encouraged to continue such research during the auction. For further details regarding due diligence, please refer to the Auction No. 54 Procedures Public Notice under Section I. B. 3. Prohibition of Collusion: Bidders are reminded that Sections 1.2105( c) and 73.5002 of the Commission’s rules prohibits applicants for the same market from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105( a)( 2)( viii). For Auction No. 54, this prohibition became effective at the short- form application filing deadline on Friday, June 20, 2003, and will end on the down payment deadline after the auction, which will be announced in a future public notice. 7 Bidders competing for construction permits in the same market are encouraged not to use the same individual as an authorized bidder. If parties agree in principle on all material terms prior to the short- form filing deadline, those parties must be identified on the short- form application pursuant to Section 1.2105( c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same market. 8 6 Id. at 15, 17- 20. 7 See 47 C. F. R. §§ 1.2105( c)( 1). 8 See “Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti- Collusion Rules,” Public Notice, DA 95- 2244, 11 FCC Rcd 9645 (1995) (rel. October 26, 1995). 3 6 For additional information, contact: Auctions and Industry Analysis Division: Kenneth Burnley, Auctions Legal Branch (regarding legal questions); Lyle Ishida, Analyst, Auctions Operations (regarding bidding and auction structure) at (202) 418- 0660; or Linda Sanderson, Auctions Operations (regarding bidding and general filing status) at (717) 338- 2888; Video Division: Shaun Maher at (202) 418- 1600; Audio Division: Lisa Scanlan at (202) 418- 2700. - FCC - 6