**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 01-1451

# Released: June 19, 2001

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

**Balance of Winning Bid due by July 3, 2001**

**Auction No. 25**

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] After a preliminary review of the FCC long-form
applications (FCC Form 301, 346 and 349), all of the applications were
accepted for filing.[^2]

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**.** Therefore, in accordance with the procedures adopted in
the *Broadcast First Report and Order,*[^3] a lump sum final payment
from the Auction 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 3, 2001).[^4]

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.[^5] 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
July 18, 2001), provided that it also pays a late fee equal to five
percent of the amount due.[^6] A winning bidder listed in Attachment A
who fails to pay the balance of the winning bid by the late payment
deadline of July 18, 2001, will be considered in default and subject to
the applicable default payment and procedural provisions specified in
the Commission rules.[^7] Such applicants will be assessed default
payments 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 for which the Commission has received the timely
final payment of the winning bid amount. An individual facility
authorization will be issued shortly thereafter. The previously filed
long form applications of the unsuccessful competing bidders in Auction
25 will be dismissed following grant of the winning bidder's
construction permit. Pending applications which are subject to further
review are not listed in Attachment A. Disposition of the Auction 25
construction permit applications not listed in Attachment A will be
announced in subsequent public notices or orders.

**[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 Daylight Time, on July 3, 2001 (or 6:00 p.m. Eastern Daylight
Time, July 18, 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 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
applicants.** 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 or (412) 236-5702, 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 Lisa
Scanlan, Mass Media Bureau, Audio Services Division at 418-2700.

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

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

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

[^2]: *See* Closed Broadcast Auction Winning Bidder Applications
    Accepted For Filing, *Public Notice*, DA 99-2709 (released December
    3, 1999).

[^3]: *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")*.

[^4]: *See* 47 C.F.R. § § 73.5003(c); 1.2109(a).

[^5]: *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).

[^6]: *See* 47 C.F.R. § 1.2109(a).

[^7]: *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 (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.)