*Pages 1--5 from Microsoft Word - 44652.doc* Federal Communications Commission Washington, D. C. 20554 December 13, 2004 DA 04- 3889 Via Certified Mail, Return Receipt Requested Harvey Jacquin, President RCC, Inc. d/ b/ a Radio Comm Company 3057 Highway A Washington, MO 63090 Re: Final Bid Withdrawal Payment For Auction No. 26 Dear Mr. Jacquin: RCC, Inc. d/ b/ a Radio Comm Company (“ RCC”), a participant in Auction No. 26, withdrew high bids on licenses (i) MEA029AE (Kansas City) and (ii) MEA030AE (St. Louis) in that auction. 1 Auction No. 40, the subsequent auction for the licenses on which RCC withdrew high bids, has closed. As shown on Attachment A, in accordance with the Federal Communication Commission’s (“ Commission’s”) rules, we are now able to calculate RCC’s final bid withdrawal payment obligation with respect to license MEA030AE. 2 Under the Commission’s rules, a bidder that withdraws a high bid during the course of an auction is subject to a bid withdrawal payment equal to the difference between the amount of the withdrawn bid and the amount of the subsequent winning bid. If a high bid is withdrawn on a license that remains unsold at the close of the auction, the withdrawing bidder will be required to make an interim payment equal to three percent (3%) of the net amount of the withdrawn bid. 3 This payment amount is deducted from any up- front payments or down payments deposited for this bidder’s account with the Commission. 4 If, in a subsequent auction, that license receives a winning bid (or a subsequent withdrawn bid) in an amount equal to or greater than the withdrawn 1 RCC also withdrew bids on licenses (i) MEA029AS (Kansas City) and (ii) MEA030AS (St. Louis). These licenses were sold for higher bids, and therefore the Commission assessed no final withdrawal payment. “929 and 931 MHz Paging Auction Closes Winning Bidders of 985 Licenses Announced Down Payments Due March 20, 2000 FCC Forms 601 and 602 Due March 20, 2000 Ten- Day Petition to Deny Period,” Public Notice, DA 00- 508, (rel. Mar. 6, 2000) (“ Auction 40 Public Notice”); 47 C. F. R. § 1. 2104( g)( 1). 2 License MEA029AE was not resold during Auction 40, nor during subsequent Auction 48. Auction 48 Public Notice; “Lower and Upper Paging Bands Auction Closes,” Public Notice, DA 03- 1836 (rel. May 30, 2003). Accordingly, the Commission will assess a final withdrawal payment for that license once it receives a final bid. 47 C. F. R. § 1. 2104( g)( 1). 3 Implementation of Section 309( j) of the Communications Act— Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5563 at n. 51 (1994); C. H. PCS, Inc., 11 FCC Rcd 14495 (1996) (requiring a three percent deposit). 4 47 C. F. R. § 1. 2106( d) and (e). 1 Mr. Harvey Jacquin DA 04- 3889 December 13, 2004 2 bid amount, then no final bid withdrawal payment will be assessed, and, upon appropriate request, the Commission will refund the interim three percent (3%) payment. 5 If, in a subsequent auction, the winning bid for that license (or subsequent withdrawn bid) is less than the bidder’s withdrawn amount, then the bidder will be required to make a final bid withdrawal payment equal to either the difference between the bidder’s net withdrawn bid and the subsequent net winning bid, or the difference between the bidder’s gross withdrawn bid and the subsequent gross winning bid, whichever is less. 6 As shown in Attachment A, in accordance with Section 1.2104( g)( 1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, RCC has an outstanding balance of $926.00. RCC is in debt to the United States in the amount of $926.00, 7 payable in full, immediately, and without further demand. As permitted under 31 U. S. C. § 3717, the debt is subject to interest, penalties, and administrative costs, and interest accrues from the date of this letter, which is also its mailing date. RCC, the debtor, may avoid payment of the interest if it tenders to the Commission full payment within 30 days of the date of the letter. Moreover, the debt is subject to an additional charge to cover the cost of processing and handling of delinquent debts, and a penalty charge in the amount permitted by law. The penalty charge for delinquent debt payments permitted by 31 U. S. C. § 3717 currently is 6 percent a year for the failure to pay any part of the debt more than 90 days past due. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to Sections 4( i) and 309 of the Communications Act of 1934 as amended, 47 U. S. C. §§ 154( i), 309, and Section 1.2104( g) of the Commission’s Rules, 47 C. F. R. §§ 1.2104( g), RCC, Inc. d/ b/ a Radio Comm Company is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED, that, pursuant to 47 C. F. R. §§ 1.2104 and 1.2106, RCC, Inc. d/ b/ a Radio Comm Company’s interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that RCC, Inc. d/ b/ a Radio Comm Company’s debt of $926.00 be paid immediately, in accordance with the payment instructions in Attachment B within 30 days of the date of this letter, and if it is unpaid 30 days after the date of this letter, interest will accrue from the date of this letter along with penalties and administrative costs permitted by 31 U. S. C. § 3717. 5 47 C. F. R. § 1. 2104( g)( 1). 6 47 C. F. R. § 1. 2104( g)( 1). 7 See Attachments A and B. 2 Mr. Harvey Jacquin DA 04- 3889 December 13, 2004 3 IT IS FURTHER ORDERED that this letter shall be sent to the applicant and its representatives by certified mail, return receipt requested. This action is taken pursuant to authority delegated by Section 0.331 of the Commission’s rules, 47 C. F. R. § 0.331. Sincerely, Rita Cookmeyer Financial Policy Analyst Auctions and Spectrum Access Division Wireless Telecommunications Bureau cc: Harold Mordkofsky, Esq. 3 Mr. Harvey Jacquin DA 04- 3889 December 13, 2004 4 ATTACHMENT A Multi- Auction Bid Withdrawal Payment Report Final Bid Withdrawal Payment $975. 00 Less Total of Interim Withdrawal Payments and Amounts on Deposit $49.00 Outstanding Balance Due on Final Withdrawal Payment $926. 00 License Number Frequency block Withdrawn Gross Bid Auction #26 Withdrawn Net Bid Auction #26 Reauction Gross Bid Auction #40 Reauction Net Bid Auction #40 Final Bid Withdrawal Payment MEA030AE $2, 500. 00 $1, 625. 00 $1,000. 00 $650. 00 $975. 00 4 Mr. Harvey Jacquin DA 04- 3889 December 13, 2004 5 ATTACHMENT B The following information is being provided to assist you in making your payment. PAYMENT INSTRUCTIONS All payments must be made in U. S. currency in the form of a wire transfer. 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 PM Eastern Time, no later than thirty days from the date of the ORDER; however, if the 30th day falls on a non- business day, e. g., Saturday, Sunday or holiday, it is due the next business day. 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 500 Ross Street Pittsburgh, PA 15262 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 and/ or 21) PAYMENT TYPE CODE (enter “APEN”) same as FCC Form 159, Block 24A FCC CODE 1 (same as FCC Form 159, Block 28A: (“ 26”) PAYOR NAME (same as FCC Form 159, Block 2) LOCKBOX No.: 358850 A completed FCC Remittance Advice Form (FCC Form 159, Version 2/ 03) must accompany payments. On the same business day that the applicant submits payment 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. The specified debt is due and payable to the United States immediately and without demand, and it is subject to interest, penalties, and additional administrative costs. Interest accrues from the date of the ORDER; however, to avoid the payment of charges (i. e., interest, penalties, and administrative costs) and enforced collection, full payment must be made and received within 30 days from the date of the ORDER. Debtor’s failure to make complete timely payment will result in assessment of such charges permitted by 31 U. S. C. § 3717. For questions regarding the submission of payment, and the FCC Form 159, contact Gail Glasser, Office of the Managing Director, Financial Operations Center, Auctions Accounting Group, at (202) 418- 0578. 5