*Pages 1--4 from Microsoft Word - 57293.doc* PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 TWELFTH STREET, S. W., TW- A325 WASHINGTON, D. C. 20554 News Media Information: (202) 418- 0500 Internet: http:// www. fcc. gov TTY: 1- 888- 835- 5322 DA 06- 1136 Released: May 30, 2006 FCC ANNOUNCES IT IS PREPARED TO GRANT LPTV CONSTRUCTION PERMITS AFTER FINAL PAYMENTS ARE MADE Balance of Winning Bids Due by June 13, 2006 Auction No. 81 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 applicants’ winning bids. Therefore, in accordance with the procedures adopted in the Broadcast First Report and Order, 1 a lump sum final payment from the Auction No. 81 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 June 13, 2006). 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. 3 Section 1.2109( a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid 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 27, 2006), provided that it also pays a late fee equal to five percent of the amount due. 4 If the winning bidders listed in Attachment A fail to pay the balance of their winning bids by the late payment deadline of June 27, 2006, they will be considered in default and subject to the applicable 1 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”). 2 See 47 C. F. R. § § 73. 5003( c); 1. 2109( a). 3 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) (amending the Commission's Part 1 competitive bidding rules); see also 47 C. F. R. § 1. 2109( a) (as amended). 4 See 47 C. F. R. § 1. 2109( a). 1 2 default payment and procedural provisions specified in the Commission rules. 5 Such applicants will be assessed a default payment as proscribed by Commission rules. 6 By public notice, the Media Bureau will announce the grant of the construction permits if the Commission has received the timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction No. 81 will be dismissed following grant of the winning bidders’ construction permits. PAYMENT INSTRUCTIONS All payments must be made in U. S. currency in the form of a wire transfer. 7 No personal checks, cashier’s checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank before 6: 00 p. m. Eastern Time, on June 13, 2006 (or before 6: 00 p. m. Eastern Time, June 27, 2006, 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 500 Ross Street Pittsburgh, PA 15262 BNF: FCC Account Number 911- 6106 OBI Field: (Skip one space between each information item) “AUCTIONPAY” APPLICANT’S FRN NO.: (same as FCC Form 159, Block 21) PAYMENT TYPE CODE: (enter “A81D”) 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, but 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 Number (FRN) used on their short- form application (FCC Form 175). 5 See e. g. 47 C. F. R. §§ 1. 2104( g), 1.2107( b), 1. 2109, 73. 5003( c); see also Broadcast First Report and Order, 13 FCC Rcd at 15960 ¶ 160; Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (WTB 1996). 6 See generally 47 C. F. R. §§ 1.2104 (g)( 2), 1. 2109( a), 73. 5004. 7 See 47 C. F. R. § 1. 2107( b). 2 3 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 legal matters and licensing issues, contact Shaun Maher, Media Bureau, Video Division at (202) 418- 2324. This Public Notice contains the following attachment: Attachment A: Auction No. 81 Applications Ready for Grant -FCC- 3 4 ATTACHMENT A GROUP PREFIX ARN APPLICANT CITY ST FAC ID MX022 BNPTVL 20000804AEF GULF- CALIFORNIA BROADCAST COMPANY PALM SPRINGS CA 130100 MX062 BNPTTL 20000825AJY TRISTAN BROADCASTING, LLC EAU CLAIRE WI 130830 MX066 BNPTTL 20000830BEG TELECOM WIRELESS, LLC IDAHO FALLS ID 129821 MX103 BNPTTL 20000830BSD TIGER EYE LICENSING, LLC. GAINESVILLE FL 131177 MX107 BNPTTL 20000829AXG IMAGE VIDEO TELEPROCUCTIONS, INC. NEWCOMERSTOW N OH 131159 MX148 BNPTTL 20000831AXR RICE CAPITAL BROADCASTING COMPANY, INC. BEAUMONT TX 128395 MX157 BNPTTL 20000831CDK FIREWEED COMMUNICATIONS CORP. SEWARD AK 130012 4