July 24, 2007

**DA 07-3367**

Lee Peltzman, Esq.

Shainis & Peltzman, Chartered

1850 M Street, N.W., Suite 240

Washington, DC 20036

> Re: Michael Mintz
>
> Digital Companion Channel Auction No. 85 (MX Group 51)
>
> Low Power Television station WQAW-LP, Lake Shore, Maryland
>
> Engineering Proposal File No. BSFDTL-20060630BBU

Dear Counsel:

The Commission is in receipt of a short-form application (FCC Form 175)
filed by Michael Mintz ("Mintz") in the June 2006 filing window during
which the Commission permitted the filing of engineering proposals for
low power television digital companion channel applications.[^1] During
that filing window, Mintz submitted an engineering proposal for a
digital companion channel for its existing analog low power television
station WQAW-LP, Lake Shore, Maryland. That proposal was found to be
mutually exclusive with other engineering proposals filed during the
window and was assigned to MX Group 51.[^2] Accordingly, these
engineering proposals are subject to competitive bidding procedures.

In the *Auction No. 85 Filing Window Public Notice*, among other things,
the Media Bureau and Wireless Telecommunications Bureau ("the Bureaus")
cautioned that "applicants will not be permitted to make major
modifications to the FCC Form 175,"[^3] citing Section 1.2105(b) of the
Commission's rules.[^4] Section 1.2105(b)(2) states that "\[m\]ajor
amendments cannot be made to a short-form application after the initial
filing deadline. Major amendments include changes in ownership of the
applicant that would constitute an assignment or transfer of control . .
. ."[^5] The Bureaus further warned that "\[a\]pplicants will not be
permitted to make major modifications to their applications (e.g., ...
change the certifying official or change control of the applicant
....)."[^6]

The short-form application filing window closed on June 30, 2006.
Subsequently, Mintz sought Commission approval to assign the license for
station WQAW-LP to Una Vez Mas, LP ("UVM"). The Media Bureau granted the
application for assignment of the WQAW-LP license from Mintz to UVM on
July 25, 2006. The transaction was consummated on September 6, 2006.[^7]
UVM is the current licensee of station WQAW-LP. Neither Mintz nor UVM
sought to amend the short-form application filed for the digital
companion channel for station WQAW-LP.

The competitive bidding rules do not permit an assignment or transfer of
control of an applicant after the initial application filing deadline.
Pursuant to Section 1.2105(b)(2), we find that a major change in
ownership has occurred with respect to Mintz's short-form application
filed for the digital companion channel for station WQAW-LP.
Accordingly, the engineering data contained in the supplemental FCC Form
346 Tech Box, File No. BSFDTL-20060630BBU, for a digital companion
channel for station WQAW-LP, associated with the short-form application
filed by Mintz for Auction No. 85, IS DISMISSED.[^8]

In a "Petition for Dismissal of Pending Application" filed December 14,
2006, Asiavision, Inc., another party with an application in MX Group
51, seeks the dismissal of Mintz's short-form application for the
digital companion channel for station WQAW-LP. In view of our dismissal
of the Mintz engineering proposal, the Asiavision petition IS DISMISSED
as moot.

Sincerely,

Margaret W. Wiener

Chief, Auctions and Spectrum Access Division

Wireless Telecommunications Bureau

Barbara A. Kreisman

Chief, Video Division

Media Bureau

cc: Dan J. Alpert, Esq. -- Counsel for Asiavision, Inc. and for Rehoboth
Beach Communications, Inc.

Laurie Mintz

[^1]: "LPTV and TV Translator Digital Companion Channel Applications
    Filing Window for Auction No. 85," *Public Notice*, 21 FCC Rcd 4100,
    4119 (MB/WTB 2006) (*Auction No. 85 Filing Window Public Notice*).

[^2]: "LPTV and TV Translator Digital Companion Channel Applications
    Mutually Exclusive Proposals," *Public Notice*, 21 FCC Rcd 11720,
    11725 (MB/WTB 2006). As initially determined, MX Group 51 contained
    engineering proposals filed by four applicants: Asiavision, Inc.,
    Laurie Mintz, Michael Mintz and Rehoboth Beach Communications, Inc.
    *Id.*

[^3]: *Auction No. 85 Filing Window Public Notice*, 21 FCC Rcd at 4119.

[^4]: 47 C.F.R. § 1.2105(b)(2).

[^5]: *Id*.; *see also* 47 C.F.R. § 1.65(b) ("Applications in ...
    broadcast services subject to competitive bidding will be subject to
    the provisions of §§ 1.2105(b), 73.5002 and 73.3522 of this chapter
    regarding the modification of their applications."); *see, e.g*.,
    *Letter to Koch Broadcasting Corp*., 21 FCC Rcd 147 (Auc. & Audio
    Divs. 2006).

[^6]: *Auction No. 85 Filing Window Public Notice*, 21 FCC Rcd at 4119;
    *see also* Amendment of Part 1 of the Commission\'s Rules --
    Competitive Bidding Procedures, *Third Report and Order and Second
    Further Notice of Proposed Rulemaking*, 13 FCC Rcd 374, 416 ¶ 69
    (1997)("As in all prior auctions, an application that is amended by
    a major amendment will be considered newly filed, and therefore will
    not be accepted after the short-form filing deadline\[,\]" citing 47
    C.F.R. § 1.2105(b)(2)).

[^7]: Assignment Application File No. BALTTL-20060606ABN.

[^8]: There are 26 other engineering proposals (FCC Form 346 Tech Boxes)
    associated with Mintz\'s short-form application. Accordingly, we do
    not dismiss Mintz\'s short-form application in its entirety because
    some of these other associated engineering proposals remain pending.