**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 01-1347

# Released: June 5, 2001

**FCC ANNOUNCES IT IS PREPARED TO GRANT FM BROADCAST CONSTRUCTION PERMIT
FOR BILTMORE FOREST, NORTH CAROLINA AFTER FINAL PAYMENT IS MADE**

**Balance of Winning Bid due by June 15, 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 bid**.**

On October 8, 1999, the Federal Communications Commission completed the
auction of 118 broadcast construction permits for new AM, FM, FM
Translator, full power television, low power television and TV
Translator stations.[^1] Thereafter the Mass Media Bureau and the
Wireless Telecommunications Bureau announced that Liberty Productions, a
Limited Partnership ("Liberty"), was the winning bidder for Channel 243A
at Biltmore Forest, North Carolina (FM Market 84).[^2] Liberty submitted
its down payment and pursuant to the Commission's competitive bidding
procedures for the frozen hearing cases, the hearing proceeding in MM
Docket No. 88-577 resumed to resolve a basic qualifications hearing
issue involving Liberty[^3] and to allow the filing and consideration of
any amendment to Liberty's long-form application and of any further
motions to enlarge issues against Liberty[^4] in accordance with the
Commission's routine adjudicatory procedures. Having resolved the basic
qualifying issue and all post-auction petitions to enlarge issues in
Liberty's favor, the Commission granted Liberty's application and
dismissed the applications of all competing parties, both of which
actions were conditioned upon the full payment of the gross amount of
Liberty's high bid of \$2,336,000 in accordance with established bid
payment procedures.[^5]

Therefore, pursuant to the procedures adopted in the *Broadcast First
Report and Order, supra*, Liberty must submit a lump sum final payment
within **ten business days** of the date of this *Public Notice*
(*i.e.*, by June 15, 2001).[^6]

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.[^7] Section
1.2109(a) of the Commission\'s Rules provides that if a winning bidder
fails to pay the balance of its winning bid(s) 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
June 25, 2001), provided that it also pays a late fee equal to five
percent of the amount due.[^8] Accordingly, if Liberty fails to pay the
balance of its winning bid by the late payment deadline of June 25,
2001, it will be considered in default and subject to the applicable
default payment and procedural provisions specified in the Commission
rules;[^9] it will in that event 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 subsequent *Public Notice*, upon the Commission's timely receipt of
the final payment of the winning bid amount and Liberty's compliance
with all applicable payment procedures, the Mass Media Bureau will
announce the grant of the construction permit to Liberty. Its facility
authorization will be issued shortly thereafter. The dismissal of the
applications of the unsuccessful competing bidders for the Biltmore
Forest allotment, FM Market 84 in Auction 25, pursuant to the
Commission's Memorandum Opinion and Order, FCC 01-129 (released May 29,
2001), will become effective upon release of the above-described *Public
Notice* announcing the grant of a construction permit for a new FM
broadcast station on Channel 243A at Biltmore Forest, North
Carolina**.**

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

Payment 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 June 15, 2001 (or 6:00 p.m. Eastern Time, June 25,
2001, along with the five percent late fee).** All 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, Liberty 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 12)

PAYMENT TYPE CODE (enter "A25D")

FCC CODE 1 (same as FCC Form 159, Block 28A: "25")

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 Tim Dates, Office
of the Managing Director, Financial Operations Center, Auctions
Accounting Group, at (202) 418-1995.

For questions regarding legal matters and licensing issues, contact Jean
Ann McGovern, or Michael Wagner, Mass Media Bureau, Audio Services
Division at 418-2700.

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

**Attachment A:** Auction 25 Applications Ready for Grant

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

**FM**

**APPLICATIONS**

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

                                                                                                                    

                                                                                                                    

  FM84                       Liberty Productions, a        BPH-870831MI         Biltmore Forest, North              
                             Limited Partnership                                Carolina                            
  -------------------------- ----------------------------- -------------------- ---------------------- ----- ------ -----

[^1]: *See Public Notice*, "Closed Broadcast Auction No. 25 Closes," DA
    99-2153 (released October 12, 1999).

[^2]: *See Public Notice,* "Closed Broadcast Auction," DA 99-2153
    (released October 12, 1999).

[^3]: *See* *Public Notice*, "Clarification Regarding the Resumption of
    Hearing Proceeding in MM Docket No. 88-577 to Consider Winning
    Bidder's Basic Qualifications and to Clarify Amendment Procedures,"
    DA 99-2355 (released October 28, 1999), *citing 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 15,920, 15,955 ¶ 97 (1998)
    ("*Broadcast First Report and Order")*.

[^4]: *Liberty Productions*, FCC 99I-23 (OGC released November 23,
    1999).

[^5]: *Liberty Productions, a Limited Partnership*, FCC 01-129 (released
    May 25, 2001).

[^6]: *See* 47 C.F.R. § § 73.5003(c); 1.2109(a).

[^7]: *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).

[^8]: *See* 47 C.F.R. § 1.2109(a).

[^9]: *See* *e.g.* 47 C.F.R. §§ 73.5003(c); 1.2104(g)(2) (as amended),
    1.2109, 1.2107(b); s*ee also Public Notice,* "Wireless
    Telecommunications Bureau Will Strictly Enforce Default Payment
    Rules," DA 96-481, 11 FCC Rcd 10853 (1996); *Broadcast First Report
    and Order*, 13 FCC Rcd 15952, ¶ 86 (while Section 1.2109 generally
    gives the Commission discretion to either reauction licenses to
    existing or new applicants, or to offer licenses to other high
    bidders in the event of default by, or disqualification of, the
    winning bidder, offering the construction permit to the next highest
    bidder best comports with the statutory participation restrictions
    in Auction 25.)