*Pages 1--2 from  Microsoft Word - 33316*
 Federal  Communications  Commission  FCC  03-  282 
 Before  the  FEDERAL  COMMUNICATIONS  COMMISSION 
 Washington,  D.  C.  20554 


 In  re  Application  of  )  ) 
 MINNESOTA  CHRISTIAN  )  File  No.  BPH-  19950601MA  BROADCASTERS,  INC.  )  Facility  ID  No.  76432 
 )  For  a  Construction  Permit  for  a  New  FM  Station  ) 
 at  Pequot  Lakes,  Minnesota  ) 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  November  5,  2003  Released:  November  13,  2003 


 By  the  Commission: 
 1.  Before  the  Commission  is  Minnesota  Christian  Broadcasters,  Inc.  ’s  (“  MCBI”)  Petition  for  Partial  Reconsideration  of  the  Commission’s  January  17,  2003,  Memorandum  Opinion  and  Order.  1 
 MCBI  and  Carol  DeLaHunt  (“  DeLaHunt”)  were  the  only  qualified  bidders  in  FM  Mutually  Exclusive  Group  66  in  Closed  Broadcast  Auction  No.  25.  MCBI  seeks  reconsideration  of  our  holding  in  Minnesota 
 Christian  that  it  was  not  entitled  to  claim  a  35  percent  new  entrant  bidding  credit,  arguing  that  “the  plain  meaning  of  the  FCC  Rules  in  question  .  .  .  as  of  the  [Auction  No.  25  filing]  deadline  can  lead  to  no 
 conclusion  other  than  MCBI  was  entitled  to  [a  new  entrant  bidding  credit].”  2  MCBI  thus  contends  that  we  must  reverse  our  holding  that  it  is  required  to  pay  the  35  percent  balance  of  its  gross  winning  bid  for 
 an  FM  broadcast  construction  permit  at  Pequot  Lakes,  Minnesota.  3 
 2.  Although  MCBI  argues  that  the  rules  regarding  the  broadcast  new  entrant  bidding  credits  were  clear  at  the  time  of  the  Auction  No.  25  filing  deadline,  we  expressly  found  this  was  not  the  case,  and 
 that  to  the  extent  the  Media  Bureau  interpreted  those  rules  to  find  MCBI  eligible  to  claim  the  bidding  credit,  such  a  reading  was  incorrect.  4  This  issue  was  discussed  at  length  in  the  record  relating  to 


 1  Minnesota  Christian  Broadcasters,  Inc.,  18  FCC  Rcd  614  (2003),  appeal  docketed,  No.  03-  1029  (D.  C.  Cir.  Feb. 
 19,  2003)  (“  Minnesota  Christian”). 
 2  Petition  for  Partial  Reconsideration  at  2.  The  rules  referenced  were  47  C.  F.  R.  §§  73.  3555  and  Note  2,  73.  5007, 
 and  73.  5008.  Pursuant  to  Section  73.  5007(  a),  a  35  percent  bidding  credit  will  be  given  to  a  winning  bidder  if  it,  and/  or  any  individual  or  entity  with  an  attributable  interest  in  the  winning  bidder,  has  no  attributable  interest  in  any 


 other  media  of  mass  communications,  as  defined  in  Section  73.  5008(  b). 
 3  MCBI  paid  the  35  percent  balance  to  the  Commission  on  February  14,  2003.  Thus,  were  we  to  find  in  its  favor,  we 
 would  refund  the  balance  to  MCBI. 
 4  18  FCC  Rcd  at  616-  19. 
1
 Federal  Communications  Commission  FCC  03-  282 
 2 
 DeLaHunt’s  petitions  and  application  for  review  5  and  in  Minnesota  Christian,  6  and  MCBI  presents  no  new  facts  or  arguments  that  require  us  to  revisit  our  decision.  For  the  reasons  set  forth  in  Minnesota 
 Christian,  7  we  deny  reconsideration. 
 3.  Accordingly,  MCBI’s  Petition  for  Partial  Reconsideration  IS  DENIED. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 Marlene  H.  Dortch  Secretary 


 5  See  pleadings  referenced  in  Letter  to  Ms.  Carol  DeLaHunt  and  Minnesota  Christian  Broadcasters,  Inc.,  Ref.  No. 
 1800B3-  TSN  (MMB  Feb.  28,  2000);  Letter  to  Ms.  Carol  DeLaHunt  and  Minnesota  Christian  Broadcasters,  Inc.,  Ref.  No.  1800B3-  TSN  (MMB  Sept.  27,  2000);  Minnesota  Christian,  18  FCC  Rcd  at  614-  15. 


 6  Minnesota  Christian,  18  FCC  Rcd  at  615-  19. 
 7  Id. 
2