*Pages 1--2 from Microsoft Word - 26028.doc* PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET, S. W. WASHINGTON, D. C. 20554 DA 03- 828 News media information 202/ 418- 0500 Fax- On- Demand 202/ 418- 2830 Internet: http:// www. fcc. gov ftp. fcc. gov Released: March 19, 2003 WIRELESS TELECOMMUNICATIONS BUREAU GRANTS CONSENT TO ASSIGN MDS LICENSE Pursuant to Section 310( d) of the Communications Act, as amended, 47 U. S. C. § 310( d), and Section 0.331 of the Commission's rules, 47 C. F. R. § 0.331, the Wireless Telecommunications Bureau (Bureau) approves, subject to the conditions set forth below, the following application requesting Commission grant of a station license and consent to assign a license in the Multipoint Distribution Service (MDS): Digital and Wireless Television, L. L. C. to Northern Rural Cable TV Cooperative, Inc: Market B199 – Huron, SD; BTA (MDS): File No. 20020724AAF: Channels – E1, E2, E3, E4, F1, F2, F3 and F4. We approve this assignment because we find it is in the public interest, convenience, and necessity. See 47 U. S. C. § 310( d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. The approval of each assignment is conditioned upon the execution of all Commission loan documents by the assignor, assignee, and the Commission unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C. F. R. §1.2111( c) and (d). 1 2 Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignor or assignee's execution of the applicable financing statements (i. e. the UCC- 1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed herein the appropriate loan documents and financing statements upon notification of the proposed consummation date. Additionally, all installment payments must be current on the consummation date. 1 We remind parties that an assignment shall not be considered complete until the underlying transaction closes and all conditions set forth in the grant documents, including this Public Notice and the application, are met. Failure of the parties to comply with the Commission's rules, or any specific condition described above, will result in automatic cancellation of the Commission's assignment approval, and dismissal of the underlying assignment application. To notify the Bureau of the proposed consummation date and to request loan documents and financing statements, contact Rita Cookmeyer or Yolanda Lee at (202) 418- 0660. Requests for loan documents and financing statements should be made at least 10 days prior to consummation. For inquiries concerning the application, contact Elizabeth C. Fishel at (717) 338- 2649. This Public Notice is issued by the Chief, Wireless Telecommunications Bureau. - FCC - 1 In order to be current, the installment payment may not be in the non- delinquency period or grace period. Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rulemaking, 13 FCC Rcd. 374 (1997). In addition, there must be no outstanding fees, including late fees, due to the Commission. 2