**PUBLIC NOTICE**![](media/image1.png){width="0.7388888888888889in"
height="0.7458333333333333in"}

**FEDERAL COMMUNICATIONS COMMISSION**

**445 TWELFTH STREET, S.W.; TW-A325**

**WASHINGTON, D.C. 20554**

News Media Information: (202) 418-0500

Fax-On-Demand: (202) 418-2830

Internet: http://www.fcc.gov

ftp.fcc.gov

# DA 01-1566

# Released: July 3, 2001

**FCC ANNOUNCES IT IS PREPARED TO GRANT BROADCAST CONSTRUCTION PERMIT
AFTER FINAL PAYMENT IS MADE**

**Balance of Winning Bid Is Due by July 18, 2001**

**Auction No. 25**

By this Public Notice, the Mass Media Bureau, under delegated authority,
announces that it is prepared to grant the construction permit
application listed in **Attachment A** of this Public Notice following
the full and timely payment of the remaining balance of the applicant's
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. 25 winning bidder listed in Attachment A must be
received by the Commission within **ten business days** of the date of
this Public Notice (*i.e.*, by July 18, 2001).[^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
August 1, 2001), provided that it also pays a late fee equal to five
percent of the amount due.[^4] If the winning bidder listed in
Attachment A fails to pay the balance of its winning bid by the late
payment deadline of August 1, 2001, they will be considered in default
and subject to the applicable default payment and procedural provisions
specified in the Commission rules.[^5] Such applicant will be assessed a
default payment as proscribed by Commission rules. *See generally* 47
C.F.R. §§ 1.2104 (g)(2), 1.2109(a), 73.5004.

By public notice, the Mass Media Bureau will announce the grant of the
construction permit if the Commission has received the timely final
payment of the winning bid amount. A facility authorization will be
issued shortly thereafter. The previously filed long form applications
of the unsuccessful competing bidders in Auction No. 25 will be
dismissed following grant of the winning bidder's construction permit.

**[PAYMENT INSTRUCTIONS]{.underline}**

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 by Mellon Bank by **6:00 p.m.
Eastern Time, on July 18, 2001 (or 6:00 p.m. Eastern Time, August 1,
2001, 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

BNF: FCC/Account #911-6106

OBI Field: (Skip one space between each information item)

"AUCTIONPAY"

TAXPAYER IDENTIFICATION NO. (same as FCC Form 159, Block 22)

PAYMENT TYPE CODE (enter "A25D")

FCC CODE 1 (same as FCC Form 159, Block 23A: "28A")

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
applicant.** 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, at least one hour prior to
placing the order for the wire transfer. On the FCC Form 159, applicants
must use the same FCC Taxpayer Identification Number (TIN) used on their
Form 175.

For questions regarding the calculation and submission of final payment,
the FCC Form 159 and refunds, contact Gail Glasser or Michelle Bennett,
Office of the Managing Director, Financial Operations Center, Auctions
Accounting Group, at (202) 418-1995.

For questions regarding legal matters and licensing issues, contact
Shaun Maher, Mass Media Bureau, Video Services Division at 418-1600.

**This Public Notice contains the following attachment:**

**Attachment A:** Auction No. 25 Application Ready for Grant

**[ATTACHMENT A]{.underline}**

FULL POWER TELEVISION

**[Market]{.underline}** **[Applicant]{.underline} [File
No.]{.underline} [City & State]{.underline}**

PST26 Winstar Broadcasting Corp. BPCT-960723KW Virginia Beach, VA

[^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).

[^5]: *See* *e.g.* 47 C.F.R. §§ 73.5003(c); 1.2104(g)(2) (as amended),
    1.2109, 1.2107(b); s*ee also* Wireless Telecommunications Bureau
    Will Strictly Enforce Default Payment Rules, DA 96-481, *Public
    Notice*, 11 FCC Rcd 10853 (1996); *Broadcast First Report and
    Order*, 13 FCC Rcd 15952, ¶ 86.