*Pages 1--4 from Microsoft Word - 48075.doc* Federal Communications Commission Washington, D. C. 20554 April 22, 2005 DA 05- 1117 Via Certified Mail, Return Receipt Requested Roy E. Henderson, President LaGrange Broadcasting Corporation 1110 West William Cannon Drive Suite 402 Austin, TX 78745- 5640 Re: Interim and Final Bid Withdrawal Payments For Auction No. 37 Dear Mr. Henderson: LaGrange Broadcasting Corporation (“ LaGrange”), a participant in Auction No. 37, withdrew high bids on two FM broadcast construction permits in that auction. 1 As shown on Attachment A, in accordance with the Federal Communications Commission’s (“ Commission’s”) rules, we are now able to calculate LaGrange’s final bid withdrawal payment obligation for one of those two permits, and the interim bid withdrawal payment obligation for the other. 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the course of an auction is subject to a bid withdrawal payment equal to the difference between the amount of the withdrawn bid and the amount of the subsequent winning bid. If a high bid is withdrawn on a license or permit that remains unsold at the close of the auction, the withdrawing bidder will be required to make an interim payment equal to three percent (3%) of the net amount of the withdrawn bid. 3 This payment amount is deducted from any up- front payments or down payments deposited for this bidder’s account with the Commission. 4 If, in a subsequent auction, that license or permit receives a winning bid (or a subsequent withdrawn bid) in an amount equal to or greater than the withdrawn bid amount, then no final bid withdrawal payment will be assessed, and, upon appropriate request, the Commission will refund the interim three percent (3%) payment. 5 If, in a subsequent auction, the winning bid for that license or permit (or subsequent withdrawn bid) is less than the bidder’s withdrawn amount, then the bidder will be required to make a final bid withdrawal payment equal to either the difference between the bidder’s net withdrawn bid and the subsequent net winning bid, or the difference between the bidder’s gross withdrawn bid and the subsequent gross winning bid, whichever is less. 6 1 Those FM broadcast construction permits are FM297- A (Meridian, TX) and FM299- A (Refugio, TX). See “FM Broadcast Construction Permits Auction Closes,” Public Notice, DA 04- 3694, 2004 WL 2735224 (Rel. Dec. 1, 2004). 2 FM broadcast construction permits FM297- A (Meridian, TX) was not resold at auction. See id. A further order will address a final withdrawal payment for that withdrawn bid, if warranted. 3 47 C. F. R. § 1. 2104( g)( 1). 4 47 C. F. R. § 1.2106( d) and (e). 5 47 C. F. R. § 1.2104( g)( 1). 6 47 C. F. R. § 1.2104( g)( 1). 1 Mr. Henderson DA 05- 1117 April 22, 2005 Page 2 As shown in Attachment A, in accordance with Section 1.2104( g)( 1), after applying any amounts on deposit with the Commission, LaGrange has an outstanding balance of $26,630.00. LaGrange is in debt to the United States in the amount of $26, 630.00, 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. LaGrange, 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), LaGrange is ASSESSED final and interim bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED, that, pursuant to 47 C. F. R. §§ 1.2104 and 1.2106, LaGrange’s funds on deposit will be applied towards the sum of the interim and final bid withdrawal payment obligations. IT IS FURTHER ORDERED that LaGrange’s debt of $26,630.00 is to 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. 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 7 See Attachments A and B. 2 Mr. Henderson DA 05- 1117 April 22, 2005 Page 3 ATTACHMENT A Multi- Auction Bid Withdrawal Payment Report * Interim Bid Withdrawal Payment Permit Number Frequency block Withdrawn Gross Bids Auction #37 Withdrawn Net Bids Auction #37 Winning Gross Bid Amount Auction #37 Winning Net Bid Amount Auction #37 Final or Interim Bid Withdrawal Payment FM297- A (Meridian, TX) $471, 000. 00 $471, 000. 00 N/ A N/ A $14, 130.00 * FM299- A (Refugio, TX) $389, 000. 00 $389, 000. 00 $354, 000. 00 $230, 100. 00 $35, 000.00 Sum of Interim and Final Bid Withdrawal Payments $49, 130.00 Less Total of Amounts on Deposit $22,500. 00 Outstanding Balance Due on Interim and Final Withdrawal Payment Obligations $26, 630.00 3 Mr. Henderson DA 05- 1117 April 22, 2005 Page 4 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: (“ 37”) 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. 4