**October 31, 2006**

**DA 06-2154**

**[Via Certified Mail, Return Receipt Requested]{.underline}**

Kemp Communications, Inc.

Attn: Will Kemp, President

3800 Howard Huges Parkway

Wells Fargo Tower, 17th Floor

Las Vegas, NV 89109

**Re: Final Bid Withdrawal Payment For Auction No. 37**

Dear Mr. Kemp:

Kemp Communications, Inc. ("Kemp"), a participant in Auction No. 37,
withdrew its high bids on FM construction permits FM015-C3, FM020-A and
FM081-A in that auction.[^1] Auction No. 62, the subsequent auction for
the permits on which Kemp withdrew its high bids, has closed. As shown
on Attachment A, in accordance with the Federal Communications
Commission's ("Commission's") rules, we are now able to calculate Kemp's
final bid withdrawal payment obligations for those three permits.

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the difference between the amount of the withdrawn bid and the amount of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 If a high bid is withdrawn on a license or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percent (3%) of the net amount of the withdrawn bid.[^2] This payment
amount is deducted from any upfront payments or down payments deposited
for this bidder's account with the Commission.[^3] If, in a subsequent
auction, that license or permit receives a winning 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equal to or greater than the withdrawn bid amount, then no final bid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.[^4] If in
a subsequent auction, the winning bid for that license or permit 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than the bidder's withdrawn amount, then the bidder will be required to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between the bidder's net withdrawn bid and the subsequent net winning
bid, or the difference between the bidder's gross withdrawn bid and the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.[^5]

As shown in Attachment A, in accordance with Section 1.2104(g)(1), after
applying any interim bid withdrawal payments or amounts on deposit with
the Commission, Kemp has an outstanding balance of \$23,606.00.[^6]

Kemp is in debt to the United States in the amount of \$23,606.00,[^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. Kemp, 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), Kemp
Communications, Inc. is ASSESSED final bid withdrawal payments as
computed in Attachment A.

IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. §§ 1.2104 and 1.2106,
Kemp Communications, Inc.'s interim bid withdrawal payments or funds on
deposit will be applied towards the sum of the final bid withdrawal
payment.

IT IS FURTHER ORDERED that Kemp Communications, Inc.'s debt of
\$23,606.00 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

## ATTACHMENT A

**Multi-Auction Bid Withdrawal Payment Report**

+--------+-----------+----------+-----------+-----------+------------+
| **Pe   | **Wi      | **W      | **Re-     | **R       | **Di       |
| rmit** | thdrawn** | ithdrawn | auction** | e-auction | fference** |
|        |           | Net      |           | Net Bid** |            |
| **Nu   | **Gross   | Bid**    | **Gross   |           | **Between  |
| mber** | Bid**     |          | Bid**     | **        | Withdrawn  |
|        |           | **A      |           | Auction** | Bid Amount |
|        | **        | uction** | **        |           | and Final  |
|        | Auction** |          | Auction** | **\# 62** | Bid        |
|        |           | **\#     |           |           | Amount**   |
|        | **\# 37** | 37**     | **\# 62** |           |            |
+--------+-----------+----------+-----------+-----------+------------+
| FM     | \$1,4     | \$1,10   | \$1,6     | \$1,0     | \$0.00     |
| 015-C3 | 69,000.00 | 1,750.00 | 34,000.00 | 62,100.00 |            |
+--------+-----------+----------+-----------+-----------+------------+
| F      | \$5       | \$38     | \$3       | \$3       | \$9,750.00 |
| M020-A | 09,000.00 | 1,750.00 | 72,000.00 | 72,000.00 |            |
+--------+-----------+----------+-----------+-----------+------------+
| F      | \$2,3     | \$1,79   | \$1,6     | \$1,6     | \$         |
| M081-A | 95,000.00 | 6,250.00 | 84,000.00 | 84,000.00 | 112,250.00 |
+--------+-----------+----------+-----------+-----------+------------+

  ------------------------------------------ ----------------------------
  Final Withdrawal Obligations               \$122,000.00

  Less 3% Interim Payments                   \$98,394.00

  **Total Due**                              **\$23,606.00**
  ------------------------------------------ ----------------------------

## 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

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

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.**

[^1]: Kemp withdrew bids on two additional permits, FM234-C1 (Overton,
    NV) and FM318-C2 (Parowan, UT), in Auction No. 37. Permit FM234-C1
    received a winning bid in Auction No. 37 for an amount equal to
    Kemp's bid, and therefore the Commission assessed no bid withdrawal
    payment for that permit. Permit FM318-C2 was not resold during
    Auction No. 62*.* Accordingly, the Commission will assess a final
    bid withdrawal payment for that permit once it receives a final bid.
    47 C.F.R. § 1.2104(g)(1). *See*, "FM Construction Permits Auction
    Closes," *Public Notice*, 20 FCC Rcd. 1021 (WTB/MB) 2004.

[^2]: ^?^ Implementation of Section 309(j) of the Communications
    Act---Competitive Bidding, PP Docket No. 93-253, *Fifth Report and
    Order*, 9 FCC Rcd 5532, 5563 at n. 51 (1994); C.H. PCS, Inc., 11 FCC
    Rcd 14495 (1996) (requiring a three percent deposit).

[^3]: ^?^ 47 C.F.R. § 1.2106(d) and (e).

[^4]: ^?^ 47 C.F.R. § 1.2104(g)(1).

[^5]: ^?^ 47 C.F.R. § 1.2104(g)(1).

[^6]: The withdrawal payment obligation for permit FM081-A has been
    reduced because the winning bidder for that license in Auction No.
    62, Big D Consulting, Inc., subsequently lost its eligibility for a
    bidding credit, thus changing the amount of the net winning bid that
    is offset against the net withdrawn bid. *See*, "Auction of FM
    Broadcast Construction Permits Closes, Winning Bidders Announced for
    Auction No. 62," *Public Notice,* 21 FCC Rcd. 1071 (WTB/MB) 2006.
    *See also*, Big D Consulting, Inc. Form 301 application, file no.
    BNPH-20060310ACU.

[^7]: *See* Attachments A and B.