*Pages 1--3 from Microsoft Word - 47687.doc* 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 DA 05- 1004 Released: April 5, 2005 MEDIA BUREAU IS PREPARED TO GRANT AM AUCTION NO. 32 BROADCAST CONSTRUCTION PERMIT APPLICATION Final Payment Due by April 19, 2005 Auction No. 32 On December 12, 2002, the Federal Communications Commission completed the auction of three AM broadcast construction permits (“ Auction No. 32”). 1 By this Public Notice, the Media Bureau, under delegated authority, announces that it is prepared to grant the construction permit application 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, 2 a lump sum final payment from the Auction No. 32 winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i. e., by April 19, 2005. 3 The Part 1 competitive bidding rules provide for an additional ten- business- day grace period for applicants that fail to submit final payments by the April 19, 2005 deadline. 4 Pursuant to Section 1.2109( a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid( s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i. e., by May 3, 2005, provided that it also pays a late fee equal to five 1 See “New AM Broadcast Stations Auction Closes, Auction No. 32, Winning Bidders Announced,” Public Notice, 17 FCC Rcd 25122 (2002). The staff previously accepted for filing the FCC Form 301 long- form application filed by the winning bidder listed in Attachment A of this Public Notice. See 47 C. F. R. § 73.5006( b). 2 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”). 3 See 47 C. F. R. §§ 1.2109( a), 73.5006( d). 4 See 47 C. F. R. § 1.2109( a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). 1 2 percent of the amount due. 5 If the winning bidder listed in Attachment A fails to pay the balance of its winning bid by the late payment deadline of May 3, 2005, it will be in default and subject to the default payment procedures specified in the Commission rules. 6 By public notice, the Media Bureau will announce the grant of the construction permit for which the Commission has received timely final payments of the winning bid amount. A facility authorization will be issued shortly thereafter. 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. Timely wire transfer payments must be received by Mellon Bank by 6: 00 p. m. ET, April 19, 2005. Late payments, which must include the five percent late fee, must be received by Mellon Bank by 6: 00 p. m. ET, May 3, 2005. 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 complete the transmittal: ABA Routing Number: 043000261 Receiving Bank: Mellon Pittsburgh 500 Ross Street Pittsburgh, PA 15262 BNF: FCC/ Account Number: 911- 6106 OBI Field: (Skip one space between each information item) “AUCTIONPAY” APPLICANT FCC REGISTRATION NUMBER (FRN): (must be the same as FCC Form 159, Block 21) PAYMENT TYPE CODE: (must be the same as FCC Form 159, Block 24A: “A32D”) FCC CODE 1: (must be the same as FCC Form 159, Block 28A: “32”) PAYOR NAME: (same as FCC Form 159, Block 2) LOCKBOX No.: 358850 The Commission is today sending a partially completed FCC Remittance Advice Form (Form 159) to the applicant by a commercial next- day delivery service. The applicant must submit a completed FCC Form 159 via facsimile at (412) 209- 6045, at least one hour prior to initiating the final payment wire transfer order to Mellon Bank. The applicant must complete both the final payment and the Form 159 facsimile transmission on the same business day. The applicant’s FCC Form 159 must specify the same FCC Registration No. (FRN) that it used on its Form 175. For questions regarding the calculation and submission of final payment, FCC Form 159, and refunds, contact Gail Glasser, Office of the Managing Director, Financial Operations Center, Auctions 5 See 47 C. F. R. § 1.2109( a). 6 See, e. g., 47 C. F. R. §§ 73.5003, 1.2104( g)( 2), 1.2107( b), 1.2109. 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,” Public Notice, 11 FCC Rcd 10853 (1996). 2 3 Accounting Group, at (202) 418- 0578. For questions regarding licensing issues, contact Lisa Scanlan, Thomas Nessinger, or Ann Gallagher, Media Bureau, Audio Division at 418- 2700. By: Chief, Media Bureau This Public Notice contains the following attachment: Attachment A: Auction No. 32 Application Ready for Grant - FCC - 3