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 Federal  Communications  Commission  Washington,  D.  C.  20554 
 November  12,  2004 
 DA  04-  3584 
 Melodie  A.  Virtue,  Esq.  Garvey  Shubert  &  Barer 
 1000  Potomac  Street,  NW  Fifth  Floor 
 Washington,  DC  20007-  3501 
 Dear  Ms.  Virtue: 
 This  letter  is  in  response  to  your  letter  of  November  9,  2004,  on  behalf  of  Horizon  Broadcasting  Group  LLC,  requesting  that  the  Federal  Communications  Commission  (“  Commission”)  re-  evaluate  the 
 eligibility  of  a  bidder  in  Auction  No.  37,  Patricia  Van  Zandt,  for  a  new  entrant  bidding  credit.  1  You  allege  that  Ms.  Van  Zandt  failed  to  disclose  her  attributable  media  interests  on  her  short-  form  application 
 (Form  175)  as  required  by  the  Commission’s  rules,  and  that  this  may  affect  Ms.  Van  Zandt’s  eligibility  for  a  new  entrant  bidding  credit.  Auction  No.  37  commenced  on  November  3,  2004,  and  is  currently 
 ongoing.  2 
 The  Commission  takes  allegations  of  wrongdoing  very  seriously.  However,  we  are  also  sensitive  to  the  fact  that  any  action  we  take  during  the  course  of  an  ongoing  auction,  or  before  the  long-  form 
 applications  (Forms  301)  are  filed,  could  harm  the  integrity  of  the  auction  process.  Upon  receipt  of  the  short-  form  applications,  the  Commission  carefully  scrutinized  each  application  to  ensure  compliance  with 
 the  Commission’s  rules.  Generally,  we  believe  it  is  more  prudent  to  address  such  allegations  after  the  winning  bidders  have  submitted  their  long-  form  applications  when  there  is  greater  opportunity  for 
 investigation.  3  As  Auction  No.  37  is  ongoing,  we  are  unable,  at  this  time,  to  specify  the  long-  form  due  date.  Please  note  however,  that  at  the  close  of  Auction  No.  37,  in  accordance  with  Section  1.2108(  b)  of 
 the  Commission’s  rules,  we  will  issue  a  public  notice  announcing  the  timeframe  and  procedures  for  filing  petitions  to  deny. 


 1  Letter  from  Melodie  A.  Virtue,  Counsel  for  Horizon  Broadcasting  Group,  LLC,  to  Margaret  Wiener,  Chief, 
 Auctions  and  Spectrum  Access  Division  (dated  Nov.  9,  2004). 
 2  See  “Auction  of  FM  Broadcast  Construction  Permits,  Scheduled  for  November  3,  2004,  Notice  and  Filing 
 Requirements,  Minimum  Opening  Bids,  Upfront  Payment  and  Other  Auction  Procedures,”  Public  Notice,  19  FCC  Rcd  10570  (2004). 


 3  See  Baker  Creek  Communications,  L.  P.,  For  Authority  to  Construct  and  Operate  Local  Multipoint 
 Distribution  Services  in  Multiple  Basic  Trading  Areas,  Memorandum  Opinion  and  Order,  13  FCC  Rcd  18709  (1998);  see  also  Letter  from  Margaret  Wiener,  Deputy  Chief,  Auctions  and  Industry  Analysis  Division,  Wireless 


 Telecommunications  Bureau,  to  Steven  R.  Sixberry,  Nevada  Wireless,  DA  00-  1949  (rel.  August  24,  2000). 
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 Melodie  A.  Virtue  November  12,  2004 
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 Accordingly,  we  believe  that  your  request  is  not  ripe  and  is  denied. 
 Sincerely, 


 Gary  D.  Michaels  Deputy  Chief,  Auctions  and  Spectrum  Access  Division 
 Wireless  Telecommunications  Bureau 


 cc:  Geoffrey  Bentley 
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