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

**FEDERAL COMMUNICATIONS COMMISSION**

**445 12th STREET, S.W.**

# 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 00-1593

July 18, 2000

**BLANCO, TEXAS BROADCAST**

#### AUCTION No. 80 CLOSES

## Winning Bidder Announced

Down Payments Due August 1, 2000

FCC Form 301 Due August 17, 2000

*Ten-Day Petition to Deny Period*

**Report No. AUC-80-D (Auction No. 80)**

On July 14, 2000, the Federal Communications Commission completed the
auction of a new television station construction permit, Channel 52 at
Blanco, Texas, raising (in net high bids) a total of \$18,798,000 for
the U.S. Treasury.

This public notice provides detailed information concerning the winning
bidder, down payment, deposit, FCC Form 301 filing requirements,
requests for rule waivers, and licensing matters. Key information
appears in the following attachments:

**Attachment A:** "Round Results, High Bids" lists the winning bidder
and both the gross and net high winning bid amount.

**Attachment B:** "Bidder Payment/Refund Report" lists the down payment
owed by the winning bidder.

A copy of this public notice will be sent via overnight mail to the
winning bidder.

**Down payment.** The Commission\'s rules require that within ten
business days after the release of this public notice, in this case **by
6:00 p.m. ET on August 1, 2000**, the winning bidder in Auction No. 80
must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania,
enough funds to cover the down payment on its winning bid. If the
bidder\'s upfront payment is not sufficient to meet this requirement,
the bidder must deposit additional funds. *See* 47 C.F.R. §§ 1.2107(b),
1.2104(g).

The amount now due from the bidder is set out in the last column of
**Attachment B**. The bidder\'s down payment must be a total of twenty
(20) percent of its net winning bid.

**Final payment.** After the termination of the pleading cycle for
petitions to deny (*see* 47 C.F.R. § 73.5006), the Commission will issue
a public notice announcing that it is prepared to award the construction
permit to the winning bidder, if the application is uncontested.[^1]
Within ten business days after the date of that public notice, the
uncontested winning bidder will be required to make full payment of the
balance of its winning bid. *See* 47 C.F.R. §§1.2109 and 73.5003(c). A
broadcast construction permit will be granted by the Commission
following the receipt of full payment.

**Method of payment.** All payments must be in U.S. dollars and made in
the form of a wire transfer. No personal checks, credit card payments,
or other forms of payment will be accepted. All payments must be
accompanied by a completed FCC Remittance Advice Form (FCC Form
159).[^2] A partially completed copy of the FCC Form 159 is included
with this public notice to facilitate submission of the correct down
payment. Questions regarding FCC Form 159 should be addressed to Tim
Dates or Gail Glasser at 202-418-1995. **Please note, however, that the
winning bidder is ultimately responsible for insuring the verification
and submission of the correct down payment from its bank to Mellon
bank.**

The **wire transfer payment** must be **received** by Mellon Bank by
**6:00 p.m. ET, on August 1, 2000.** The winning bidder should
coordinate with its banker ahead of time regarding its wire transfer,
and allow sufficient time for the wire transfer to be **initiated and
completed prior to the deadline**. To submit funds by wire transfer, the
bidder will need the following information:

ABA Routing Number: 043000261

Receiving Bank: Mellon Pittsburgh

BNF: 911-6106

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

TAXPAYER IDENTIFICATION NO. (same as FCC Form 159, Block 30)

PAYMENT TYPE CODE (enter \"A80D\")

FCC CODE 1 (same as FCC Form 159, Block 23A: \"80\")

PAYOR NAME (same as FCC Form 159, Block 2)

LOCKBOX NO.: 358850

The bidder must fax a completed FCC Form 159 to Mellon Bank at
412-209-6045 or 412-236-5702 at least one hour before placing the order
for the wire transfer (but on the same business day).

Proper completion of the **FCC Form 159** is critical to ensuring
correct credit of the bidder's deposit. **The bidder must use the same
Taxpayer Identification Number used on their FCC Form 175.**[^3]
Questions concerning the calculation and submission of the down payment
should be directed to Gail Glasser at 202-418-1995.

**Bid Default/Disqualification Payments***.* The Commission imposes
payments on a bidder that defaults on payments due after an auction
closes or that is disqualified. *See* 47 C.F.R. §§ 1.2104(g), 1.2109(c),
73.5004(a). If the high bidder defaults or is disqualified after the
close of the auction, it will be subject to the following payment
obligations: 1) the difference between the high bid and the amount of
the winning bid the next time the construction permit is offered by the
Commission, **and** 2) a payment equal to three percent of the
subsequent winning bid or three percent of the defaulted bid, whichever
is less. Where a bidding credit applies to the winning bid in either the
original or the subsequent auction, the calculation of the three percent
payment is based on the smaller of the two gross bids or smaller of the
two net bids, whichever basis (gross or net) was used to figure the
first component. Thus, if the difference between the gross bids is less
than the difference between the net bids, the three percent payment will
be computed on the lower of the gross bids. If the difference between
the net bids is less than or equal to the difference between the gross
bids, the three percent payment will be computed on the lower of the net
bids. However, if the differences between both the gross bids and the
net bids are less than or equal to zero, the three percent payment will
be computed on the lower of the net bids.

If the winning bidder fails to remit the required down payment within
ten (10) business days after the Commission has released this Public
Notice, in this case August 1, 2000, the bidder will be deemed to have
defaulted, its application will be dismissed, and it will be liable for
a default payment as described above. In such event, the Commission, at
its discretion, may either auction the construction permit to existing
or new applicants, or offer it to the other highest bidders (in
descending order) at their final bids. *See* 47 C.F.R. § 1.2109(b).

If the winning bidder fails to pay the balance of its winning bid in a
lump sum by the applicable deadline as specified by the Commission, it
will be allowed to make payment within ten (10) business days after the
payment deadline provided that it also pays a late fee equal to five (5)
percent of the amount due. If the winning bidder fails to pay the
balance of its winning bid plus late fee by the late payment deadline,
it is considered to be in default on its construction permit and subject
to the applicable default payments. The construction permit will be
awarded upon the full and timely payment of the winning bid and any
applicable late fees. *See* 47 C.F.R. §1.2109(a). If the winning bidder
is found unqualified to be a licensee, fails to remit the balance of its
winning bid in a timely manner, or defaults or is disqualified for any
reason after having made the required down payment, it will be deemed to
have defaulted and will be liable for the payment set forth in Section
1.2104(g)(2). In such event, the Commission may either auction the
construction permit to existing or new applicants or offer it to the
other highest bidders (in descending order) at their final bids. *See*
47 C.F.R. § 1.2109(c).

Finally, if the bidder is found to have violated the antitrust laws or
the Commission\'s rules in connection with its participation in the
competitive bidding process, it may be subject, in addition to any other
applicable sanctions, to forfeiture of its upfront payment, down
payment, or full bid amount, and may be prohibited from participating in
future auctions. *See* 47 C.F.R.

§ 1.2109(d).

**Refund of upfront payments (for non-winning bidders).** Non-winning
bidders must fax the necessary wire transfer instructions to Gail
Glasser or Tim Dates at 202-418-2843.[^4] Any questions concerning
refunds for non-winning bidders should be referred to Gail Glasser or
Tim Dates at 202-418-1995.

**FCC FORM 301**

By **6:00 p.m. ET on August 17, 2000**, the winning bidder must submit a
completed FCC Form 301 (May 1999 version) for the Channel 52
construction permit at Blanco, Texas, including the requisite FCC filing
fee. Detailed instructions on the completion and filing of FCC Form 301
are included with the application form. A copy of FCC Form 301 may be
obtained from the Commission's web page at:
<http://www.fcc.gov/formpage.html> or by calling the Forms Distribution
Center at 1-800-418-3676 to order the form.

In addition, FCC Form 301 may be filed electronically using the Mass
Media Bureau's new Consolidated Database System (CDBS). Information
about electronically filing FCC Form 301 is available in the *Public
Notice*, "Mass Media Bureau Implements Consolidated Database System
(CDBS) Electronic Filing of FCC Forms 301, 302, 314, 315, 316, and 347,"
released April 28, 2000, and at the Mass Media Bureau's web page at:
http://www.fcc/gov/mmb.

**Failure to timely file FCC Form 301 will result in default. A
late-filed application will not be accepted without a showing of good
cause.**[^5]

> **Maintaining Accuracy of Information.** The applicant is no longer
> required to maintain

accuracy and completeness of information furnished on its FCC Form 175
and exhibits. After the auction closes, the applicant is required to
make all changes by filing FCC Form 301.

**Application processing and license grant.** Pursuant to 47 C.F.R. §§
1.2108(b) and 73.5006, and the Balanced Budget Act of 1997, Pub. L.
105-33, 111 Stat. 251 (1997), interested parties will have **ten (10)
days** to file petitions to deny after the Commission releases a public
notice announcing the FCC Form 301 is acceptable for filing. An
applicant may file an opposition to any petition to deny within **five
(5) days** after the time for filing petitions to deny has expired.
*See* 47 C.F.R. §1.2108(c). The petitioner may file a reply to such
opposition within **five (5) days** after the time for filing
oppositions has expired. *See* 47 C.F.R. §1.2108(c). If the Commission
determines the applicant is qualified and there is no substantial and
material issue of fact concerning that determination, the Commission
will issue a public notice announcing that it is prepared to grant the
application conditioned upon the full and timely payment of the
remaining balance of the applicant\'s winning bid. Once the Commission
has received full payment of the applicant\'s winning bid, a public
notice will be issued announcing grant of the construction permit to the
applicant.

**Anti-collusion rules.** To ensure the competitiveness of the auction
process, the Commission's rules prohibit competing applicants from
communicating with each other during the auction about bids, bidding
strategies, or settlements. As explained more fully in the Public Notice
announcing Auction No. 80,[^6] this prohibition began with the filing of
short-form applications and ends on the down payment due date.[^7] The
prohibition ends on the down payment due date whether or not the high
bidder must supplement its upfront payment to cover its down payment.
Applicants certified their compliance with Section 1.2105(c) when their
FCC Form 175 short-form applications were signed.

\* \* \* \* \*

**For further information, contact:**

News Media: Meribeth McCarrick at 202-418-0654

Technical Support Hotline: Technical Support Personnel

at 202-414-1250 (V)

or 202-414-1255 (text telephone (TTY))

Office of the Managing Director Gail Glasser or Tim Dates

Auctions Accounting Group at 202-418-1995

(Payment, FCC Form 159 and refund

questions)

Mass Media Bureau: Shaun Maher at 202-418-1600

Video Services Division

(FCC Form 301questions)

Wireless Telecommunications Bureau, Bob Reagle, Auctions Analyst,

Auctions and Industry Analysis Division or Lisa Stover, Project Manager
at

(Auction-related questions) 717-338-2888, or Kenneth Burnley, Auctions
Attorney, at 202-418-0660

**- FCC -**

[^1]: In cases where petitions to deny are filed, no final payment
    public notice shall be issued for the associated construction permit
    until the petitions have been reviewed.

[^2]: Copies of the FCC Form 159 may be obtained by calling the
    Commission\'s Forms Distribution Center at 1-800-418-3676 (outside
    Washington, D.C.) or 202-418-3676 (in the Washington area). Copies
    of the FCC Form 159 can also be obtained via the Internet
    (http://www.fcc.gov/formpage.html) or by Fax-On-Demand
    (202-418-2830).

[^3]: If, subsequent to final submission of its FCC Form 175, a bidder
    has provided the Commission with a written correction of its
    Taxpayer Identification Number, the bidder should use the corrected
    number.

[^4]: *See* "Auction "Auction Notice and Filing Requirements for a New
    Television Station Construction Permit, Channel 52 at Blanco, Texas;
    Auction Scheduled for July 12, 2000; Minimum Opening Bid and Other
    Procedural Issues," *Public Notice*, DA 00-1226 (rel. June 5,
    2000)Notice and Filing Requirements for a New Television Station
    Construction Permit, Channel 52 at Blanco, Texas; Auction Scheduled
    for July 12, 2000; Minimum Opening Bid and Other Procedural Issues,"
    *Public Notice*, DA 00-1226 (rel. June 5, 2000) at 19.

[^5]: 47 C.F.R. § 1.2107(c).

[^6]: "Auction Notice and Filing Requirements for a New Television
    Station Construction Permit, Channel 52 at Blanco, Texas; Auction
    Scheduled for July 12, 2000; Minimum Opening Bid and Other
    Procedural Issues," *Public Notice*, DA 00-1226 (rel. June 5, 2000).

[^7]: *See id*. at 4.