*Pages 1--3 from Microsoft Word - 38217* 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 04- 1303 Released: May 11, 2004 FCC ANNOUNCES IT IS PREPARED TO GRANT BROADCAST CONSTRUCTION PERMITS AFTER FINAL PAYMENT IS MADE Balance of Winning Bids due by May 25, 2004 Auction No. 54 On July 29, 2003, the Federal Communications Commission completed the auction of broadcast construction permits for three new FM stations. 1 After a preliminary review, the FCC Form 301 long- form applications for the winning bidders in Closed Broadcast Auction No. 54 were accepted for filing. 2 By this Public Notice, the Media Bureau, under delegated authority, announces that it is prepared to grant the construction permit applications listed in Attachment A of this Public Notice following the full and timely payment of the remaining balance of the applicant’s winning bid. Therefore, in accordance with the procedures adopted in the Broadcast First Report and Order, 3 a lump sum final payment from the Auction 54 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i. e., by May 25, 2004). 4 1 See Closed Broadcast Stations Auction No. 54 Closes, Public Notice, 18 FCC Rcd 15834 (WTB/ MB 2003). 2 See Broadcast Applications, Public Notice, Report No. 25626 (rel. Dec. 5, 2003); Broadcast Applications, Public Notice, Report No. 25673 (rel. Feb. 17, 2004). 3 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 (1998) (“ Broadcast First Report and Order”). 4 See 47 C. F. R. § § 1.2109( a); 73.5003. 1 2 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. 5 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 June 9, 2004), provided that it also pays a late fee equal to five percent of the amount due. 6 The winning bidders listed in Attachment A who fail to pay the balance of the winning bid by the late payment deadline of June 9, 2004, will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. 7 Such applicants will be assessed default payments as proscribed 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 the construction permits for which the Commission has received the timely final payment of the winning bid amount. The individual facility authorization will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction 54 will be dismissed following grant of the winning bidder’s construction permit. 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 Time, on May 25, 2004 (or 6: 00 p. m. Eastern Time, June 9, 2004, 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” 5 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). See also 47 C. F. R. § 1.2109( a). 6 See 47 C. F. R. § 1.2109( a). 7 See, e. g., 47 C. F. R. §§ 73.5003, 1.2104( g)( 2), 1.2109, 1.2107( b). See also Delta Radio, Inc., 18 FCC Rcd 16889 (2003); Abundant Life, Inc., 16 FCC Rcd 4972 (2001); Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, DA 96- 481, Public Notice, 11 FCC Rcd 10853 (1996). 2 3 APPLICANT FCC REGISTRATION NO. (FRN): (same as FCC Form 159, Block 21) PAYMENT TYPE CODE (enter “A54D”) FCC CODE 1 (same as FCC Form 159, Block 28A: “54”) PAYOR NAME (same as FCC Form 159, Block 2) LOCKBOX No.: 358850 Payments must be accompanied by a completed FCC Remittance Advice Form (FCC Form 159). A partially completed FCC Form 159 will be sent to the applicants. 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 Registration No. (FRN) used on their Form 175. For questions regarding the calculation and submission of final payment, the FCC Form 159 and refunds, contact Gail Glasser, Office of the Managing Director, Financial Operations Center, Auctions Accounting Group, at (202) 418- 0578. For questions regarding licensing issues, contact Lisa Scanlan or John Grizzle, Media Bureau, Audio Division at 418- 2700. This Public Notice contains the following attachment: Attachment A: Auction 54 Applications Ready for Grant 3