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 Federal  Communications  Commission  Washington,  D.  C.  20554 
 DA  04-  3582  November  12,  2004 
 Mr.  Robert  J.  Ingstad  P.  O.  Box  907 
 Valley  City,  North  Dakota  58072 


 Dear  Mr.  Ingstad: 
 This  letter  is  in  response  to  your  undated  letter  to  Keith  Larson  of  the  Media  Bureau,  requesting  that  the  Federal  Communications  Commission  (“  Commission”)  suspend  L.  Topaz  Enterprises,  Inc. 
 (“  Topaz”)  from  bidding  in  the  auction  of  FM  broadcast  construction  permits,  Auction  No.  37.  1  You  allege  that  Topaz  “may  be  conducting  illegal  bidding”  in  Auction  No.  37,  and  further  allege  that  a 
 principal  of  Topaz  has  “been  in  contact  with  other  applicants”  during  the  auction  in  violation  of  the  Commission’s  rules.  Auction  No.  37  commenced  on  November  3,  2004  and  is  currently  ongoing.  2 


 The  Commission  takes  allegations  of  wrongdoing  very  seriously.  However,  we  are  also  sensitive  to  the  fact  that  any  action  we  take  during  the  course  of  an  ongoing  auction,  or  before  the  long-  form 
 applications  are  filed,  could  harm  the  integrity  of  the  auction  process.  Upon  receipt  of  the  short-  form  applications,  the  Commission  carefully  scrutinized  each  application  to  ensure  compliance  with  the 
 Commission’s  rules.  Generally,  we  believe  it  is  more  prudent  to  address  such  allegations  after  the  winning  bidders  have  submitted  their  long-  form  applications  (FCC  Form  301),  when  there  is  greater 
 opportunity  for  investigation  of  such  allegations.  3  As  Auction  No.  37  is  ongoing,  we  are  unable,  at  this  time,  to  specify  the  long-  form  due  date.  Please  note,  however,  that  at  the  close  of  Auction  No.  37,  in 
 accordance  with  Section  1.2108(  b)  of  the  Commission’s  rules,  we  will  issue  a  public  notice  announcing  the  time  frame  and  procedures  for  filing  petitions  to  deny. 


 1  Letter  from  Robert  J.  Ingstad,  to  Keith  Larson,  Media  Bureau,  Federal  Communications  Commission,  undated. 
 2  See  “Auction  of  FM  Broadcast  Construction  Permits;  456  Bidders  Qualified  to  Participate  in  Auction  No.  37,” 
 Public  Notice,  DA  04  -3252  (rel.  Oct.  18,  2004). 
 3  See  Baker  Creek  Communications,  L.  P.,  For  Authority  to  Construct  and  Operate  Local  Multipoint  Distribution 
 Services  In  Multiple  Basic  Trading  Areas,  DA  98-  1921,  Memorandum  Opinion  and  Order,  13  FCC  Rcd  18709  (1998);  Letter  from  Margaret  W.  Wiener,  Deputy  Chief,  Auctions  and  Industry  Analysis  Division,  Wireless 


 Telecommunications  Bureau,  to  Steven  R.  Sixberry,  Nevada  Wireless,  DA  00-  1949  (rel.  August  24,  2000). 
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 Mr.  Robert  J.  Ingstad  November  12,  2004  Page  2 
 Accordingly,  your  request  to  suspend  an  Auction  No.  37  bidder  from  participating  in  the  auction  is  denied. 
 Sincerely, 


 Gary  D.  Michaels  Deputy  Chief,  Auctions  and  Spectrum  Access  Division 
 Wireless  Telecommunications  Bureau 
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