PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 DA 09-1256 Released: June 4, 2009 WIRELESS TELECOMMUNICATIONS BUREAU ANNOUNCES IT IS PREPARED TO GRANT LICENSES UPON FULL AND TIMELY PAYMENT AUCTION NO. 49 Report No. AUC-49 (Auction No. 49) By this Public Notice, the Wireless Telecommunications Bureau (“Bureau”) announces that it is prepared to grant the application of KM Communications, Inc. for the licenses for which it was the winning bidder in Auction No. 49.1 The Bureau is prepared to grant the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant’s winning bids. Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by June 18, 2009). See 47 C.F.R. § 1.2109(a). If the winning bidder listed in Attachment A fails to pay the balance of its winning bid(s) in a lump sum by June 18, 2009, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by July 2, 2009), provided that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. § 1.2109(a). If the winning bidder listed in Attachment A fails to pay the balance of its winning bid(s) by the late payment deadline of July 2, 2009, it will be in default and subject to applicable default payments. See 47 C.F.R. §§ 1.2104(g), 1.2109(c). The applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission’s rules. See 47 C.F.R. §§ 1.2104(g), 1.2109(c). 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. Wire transfer payments must be received no later than 6:00 p.m. Eastern Time, June 18, 2009 (or 6:00 p.m. Eastern Time, July 2, 2009, along with the five percent late fee). The applicant should 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, the applicant will need the following information to properly effect the transmittal: 1 See Lower 700 MHz Band Auction Closes: Winning Bidders Announced, Public Notice, 18 FCC Rcd 11873 (2003); Wireless Telecommunications Bureau Announces that Applications for Lower 700 MHz Band Are Accepted for Filing, Auction Event No. 49, Public Notice, 18 FCC Rcd 18643 (2003). 2 ABA Routing Number: 021030004 Receiving Bank: TREAS NYC 33 Liberty Street New York, NY 10045 ACCOUNT NAME: FCC ACCOUNT NUMBER: 27000001 OBI Field: (Skip one space between each information item) “AUCTIONPAY” APPLICANT FRN: (same as FCC Form 159, block 21) PAYMENT TYPE CODE: (same as FCC Form 159, block 24A: “A49D”) FCC CODE 1: (same as FCC Form 159, Block 28A: (“49”) PAYOR NAME: (same as FCC Form 159, Block 2) LOCKBOX NO.: #979085 Payments must be preceded by a completed FCC Remittance Advice Form (FCC Form 159). On the same business day that the applicant pays the balance due to the FCC, the applicant must fax a completed FCC Form 159 to U.S. Bank at (314) 418-4232 at least one hour prior to placing the order for the wire transfer. When completing FCC Form 159 (February 2003 Version), the applicant must type the auction number, “49,” in Block(s) 28A and 28B (“FCC Code 1”). The applicant also must type the applicable license numbers in Blocks 29A and 29B (“FCC Code 2”) of FCC Form 159. License numbers should be identified by typing “WZ” (radio service code), followed by the market designator (EAG or CMA), followed by the market number (000-734), and the frequency block (blocks C and D). An example of a correct license number would be “WZEAG001D” or “WZCMA078C.” The radio service code, market designator, market number, and frequency block designations are listed in Attachment A. Form 159 provides sufficient boxes to list only two licenses. The applicant must then use FCC Form 159-C (“Continuation Sheet”) for the remainder of their licenses. Further information 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, Auctions Accounting Group, at (202) 418-0578. For questions regarding legal matters and licensing issues, contact Erin A. McGrath, Wireless Telecommunications Bureau, Mobility Division, at (202) 418-2042, or Michael Connelly, Wireless Telecommunications Bureau, Mobility Division, at (202) 418-0132. The news media should contact Matthew Nodine, Wireless Telecommunications Bureau, at (202) 418-1646. This Public Notice contains the following Attachments: Attachment A: Application that the Wireless Telecommunications Bureau is Prepared to Grant. Attachment B: Search Instructions for Applications Filed for Auction No. 49. -FCC-