DA 07-1437

April 2, 2007

**AUCTION OF FM BROADCAST CONSTRUCTION PERMITS CLOSES**

**Winning Bidders Announced for Auction No. 70**

**Down Payments due April 16, 2007**

**Final Payments due April 30, 2007**

**FCC Form 301 due May 2, 2007**

Report No. AUC-07-70-F (Auction No. 70)

On March 26, 2007, the Federal Communications Commission completed the
auction of 120 FM broadcast construction permits (Auction No. 70),
raising (in net bids) a total of \$21,301,175. In this auction, 60
winning bidders won a total of 111 permits.

This Public Notice provides detailed information concerning winning
bidders, down payments, final payments and/or refunds, long-form
application (FCC Form 301) filing requirements, and licensing matters.
Key information appears in the following attachments:

**Attachment A:** "Winning Bids" lists winning bidders and both their
total gross and net winning bid amounts.

> **Attachment B:** "Bidder Payment/Refund" lists down payments and
> final payments owed by winning bidders and refunds due, if any.

A copy of this Public Notice will be sent via overnight delivery to each
qualified bidder.

## Down Payments

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. Eastern Time
(ET) on April 16, 2007**, winning bidders in Auction No. 70 must have on
deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to
cover down payments on their winning bids.[^1] If a winning bidder's
upfront payment is not sufficient to meet this requirement, the winning
bidder must deposit sufficient additional funds to meet its required
down payment.[^2]

The amount now due from each winning bidder, if any, is set out in the
"Additional Amount Due after Upfront Payment Balance Applied Due by
April 16, 2007" column of **Attachment B**. **Note that a payment and**
**FCC Remittance Advice Form (FCC Form 159) are necessary only if a
winning bidder's upfront payment does not cover the required total down
payment (as reflected in Attachment B).** Each winning bidder's total
deposit must be twenty percent of the net amount of its winning bids.

## Final Payments

Each winning bidder will be required to submit the balance of the net
amount of its winning bid by April 30, 2007,[^3] as set out in the
"Final Balance Due By April 30, 2007 or (Refund)" column of Attachment
B. All winning bidders must pay the full amount of the final balance due
shown in Attachment B by **6:00 p.m. ET on April 30, 2007** (or by 6:00
p.m. ET on May 14, 2007, along with the five percent late fee required
by Section 1.2109(a) of the Commission's rules).[^4] Full and timely
payment of winning bids and any applicable late fees must be made in
accordance with Section 1.2109(a) and must occur before action will be
taken upon a winning bidder's long-form application (FCC Form 301).[^5]
Specifically, construction permits will be granted only after the full
and timely payment of winning bids and any applicable late fees, in
accordance with 47 C.F.R. § 1.2109(a).

## Method of Payment for Down and Final Payments 

All payments must be in U.S. dollars and made in the form of a wire
transfer.[^6] No personal checks, credit card payments, or other forms
of payment will be accepted. All payments must be accompanied by a
completed FCC Form 159.[^7]

Questions concerning the calculation and submission of down and final
payments, the FCC Form 159, and refunds should be directed to Gail
Glasser at (202) 418-0578.

To submit funds by wire transfer, winning bidders will need the
following information:

> ABA Routing Number: 043000261
>
> Receiving Bank: Mellon Pittsburgh
>
> 500 Ross Street
>
> Pittsburgh, PA 15262
>
> BNF: FCC Account Number 911-6106
>
> OBI Field: (Skip one space between each information item) "AUCTIONPAY"
>
> APPLICANT'S FCC REGISTRATION NUMBER (FRN): (same as FCC Form 159,
> block 21)
>
> PAYMENT TYPE CODE: (same as FCC Form 159, block 24A: "A70D")
>
> FCC CODE 1: (same as FCC Form 159, Block 28A: "70")
>
> PAYOR NAME: (same as FCC Form 159, Block 2)

LOCKBOX NO.: #358850

**1. Down Payment.** If applicable, a partially completed copy of the
FCC Form 159 will be sent to winning bidders to facilitate submission of
the correct down payment. Please note, however, that a winning bidder is
responsible for ensuring timely submission of the correct down payment,
timely filing of an accurate and complete FCC Form 159, and obtaining
confirmation from its financial institution that Mellon Bank has timely
received the down payment and deposited it into the proper account.

Wire transfers for down payments must be received by Mellon Bank **by
6:00 p.m. ET on April 16, 2007**. A winning bidder should coordinate
with its financial institution ahead of time regarding its wire transfer
and allow sufficient time for the wire transfer to be initiated and
completed prior to the deadline.

At least one hour before placing the order for the wire transfer (but on
the same business day), winning bidders must send by facsimile the
completed FCC Form 159 to Mellon Bank at (412) 209-6045. Proper
completion of the FCC Form 159 is critical to ensuring correct credit of
bidder deposits. A winning bidder must use the same FCC Registration
Number (FRN) used on its short-form application (FCC Form 175).

Failure to complete this down payment process **by 6:00 p.m. ET on April
16, 2007,** will result in default.[^8]

**2. Final Payment.** If applicable, a partially completed copy of the
FCC Form 159 will be sent to winning bidders to facilitate submission of
the correct final payment. Please note, however, that a winning bidder
is responsible for ensuring timely submission of the correct final
payment, timely filing of an accurate and complete FCC Form 159, and
obtaining confirmation from its financial institution that Mellon Bank
has timely received the final payment and deposited it into the proper
account.

Wire transfers of final payments must be received by Mellon Bank **by
6:00 p.m. ET on April 30, 2007** (or by 6:00 p.m. ET on May 14, 2007,
along with the five percent late fee required by Section 1.2109(a) of
the Commission's rules).[^9] A winning bidder should coordinate with its
financial institution ahead of time regarding its wire transfer and
allow sufficient time for the wire transfer to be initiated and
completed prior to the deadline.

Payments must be preceded by the completed FCC Remittance Advice Form
(FCC Form 159). The winning bidder must send by facsimile, at least one
hour prior to placing the order for the wire transfer, but on the same
business day that it pays the balance due to Mellon Bank, a completed
FCC Form 159 to Mellon Bank at (412) 209-6045. On the FCC Form 159, the
applicant must use the same FRN used on its short-form application (FCC
Form 175).

Failure to complete the final payment **by 6:00 p.m. ET on May 14,
2007,** (along with the five percent late fee, if applicable) will
result in default.[^10]

##  Default and Disqualification Payments 

The Commission imposes payments on bidders that default on payments due
after an auction closes and those that are disqualified.[^11]

If a winning bidder defaults or is disqualified after the close of the
auction (i.e., fails to remit the required down payment within the
prescribed period of time, fails to submit a timely long-form
application, fails to make full payment, or is otherwise disqualified),
the defaulting bidder will be subject to the payments described in 47
C.F.R. § 1.2104(g)(2). The payments may include both a deficiency
payment, equal to the difference between the amount of the bidder's bid
and the amount of the winning bid when that allotment is won in an
auction, plus an additional payment equal to twenty percent of the
defaulter's bid or the subsequent winning bid, whichever is less.[^12]

If a winning bidder fails to remit the required down payment within ten
business days after the Commission has released this Public Notice, in
this case by April 16, 2007, the bidder will be deemed to have
defaulted, its long-form application will be dismissed, and it will be
liable for a default payment as described above.[^13]

If a winning bidder fails to pay the balance of its winning bids in a
lump sum by the applicable deadline as specified by the Commission
(i.e., by 6:00 p.m. ET on April 30, 2007), it will be allowed to make
payment within ten business days after the payment deadline (i.e., by
6:00 p.m. ET on May 14, 2007), provided that it also pays a late fee
equal to five percent of the amount due.[^14] When a winning bidder
fails to pay the balance of its winning bid(s) plus the late fee by the
late payment deadline, it will be deemed to have defaulted on its
construction permit(s) and subject to the applicable default
payments.[^15]

Construction permits will be awarded upon completion of the review of
each applicant\'s long-form application and a determination that the
application meets Commission requirements for grant, but only after the
full and timely payment of winning bids and any applicable late
fees.[^16] If a winning bidder defaults on any of its required payments
or is disqualified for any reason after having made the required
payments, it will be deemed to have defaulted, its application will be
dismissed, and it will be liable for the payment set forth in Section
1.2104(g)(2).[^17]

Additionally, a bidder that is found to have violated the antitrust laws
or the Commission's rules in connection with its participation in the
competitive bidding process 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.[^18]

## Refund of Excess Payments 

Upfront monies on deposit that are in excess of the required down
payment, final payment and/or default payment amounts will be refunded
to the payor of record as identified on the FCC Form 159 promptly at the
close of the auction, if the necessary refund request and wire transfer
instructions have been received. Applicants should provide this
information by accessing the "See Wire Transfer for Refund Purposes"
link under the Post-Auction section of the My Auctions web page prior to
**April 30, 2007**. After this date, applicants must send a request for
refund, along with the necessary wire transfer instructions and FRN, by
facsimile to Gail Glasser of the Office of the Managing Director at
(202) 418-2843. Any questions concerning refunds should be referred to
Gail Glasser at (202) 418-0578.

## FCC Form 301 

***Deadline for Filing*:** Prior to **midnight ET on May 2, 2007,**
winning bidders must submit electronically a properly completed
long-form application (FCC Form 301, Application for Construction Permit
for Commercial Broadcast Station), including required exhibits, for each
FM broadcast construction permit for which they were the winning bidder
in Auction No. 70.[^19] **An applicant that fails to submit the required
long-form application before the specified deadline, and fails to
establish good cause for any late-filed submission, shall be deemed to
have defaulted and shall be subject to the payments set forth in Section
1.2104(g) of the Commission's rules.**[^20]

***Where and How to File:*** Applicants must file accurate and complete
FCC Form 301 applications *electronically* through the Media Bureau's
Consolidated Database System (CDBS) online electronic filing
system.[^21] In accordance with the Commission's rules, electronic
filing of FCC Form 301 must be accompanied by the appropriate
application filing fee,[^22] and information submitted on the new FCC
Form 301 application by winning bidders must not constitute a major
change from any information reported in the winning bidder\'s
previously-filed short-form application (FCC Form 175).[^23]
Instructions for use of the Media Bureau\'s electronic filing system are
available in the CDBS User's Guide, which can be accessed from the
electronic filing web site at:

[**http://www.fcc.gov/mb/cdbs.html**](http://www.fcc.gov/mb/cdbs.html)

The Guide can be accessed by clicking on the CDBS link at the electronic
filing web site, above. This action will take the user to the Media
Bureau's CDBS Electronic Filing System site. The user should then click
on the "Go to CDBS User's Guide" link. Internet access to the CDBS
online electronic forms filing system requires, at a minimum, a browser
such as Netscape version 3.04 or Internet Explorer version 3.51, or
later. When filing FCC Form 301, applicants must select "Long Form
Application for FM Auction No. 70" on the Pre-form and enter the
relevant short form application file number from CDBS (Question 2).[^24]
For assistance with electronic filing, call the Audio Division Help Desk
at (202) 418-2662.

**The Commission staff will return applications not submitted in
accordance with the procedures described in this Public Notice.
Applicants are encouraged to pay the FCC Form 301 application filing fee
electronically using the CDBS filing system in order to avoid processing
delays**.[^25]

## Additional Post-Auction Filing Requirements 

Section 73.5005(a) of the Commission's rules[^26] requires that
post-auction long-form applications include the exhibits mandated by:
Section 1.2107(d) (providing a detailed explanation of the terms,
conditions, and parties involved in any bidding consortium, joint
venture, partnership, or other agreement or arrangement the applicant
had entered into relating to the competitive bidding process);[^27]
Section 1.2110(j) (requiring an applicant claiming designated entity
status to describe how it satisfies the eligibility requirements for
such designated entity status, and to list and summarize all agreements
that affect designated entity status, such as partnership agreements,
shareholder agreements, management agreements, and any other agreements,
including oral agreements, that establish that the designated entity
will have both *de facto* and *de jure* control of the entity);[^28] and
Section 1.2112(a) (requiring that each long-form application fully
disclose ownership information and the real party or parties in interest
in the applicant or application).[^29]

##  {#section .unnumbered}

## Maintaining Accuracy of Information

After the auction closes, all required changes to an applicant's
information must be made by filing or amending the applicant's FCC Form
301 application.[^30] With the release of this Public Notice, applicants
are no longer required to maintain the accuracy and completeness of
information furnished on their short-form applications.

## Application Processing and Construction Permit Grant

Pursuant to 47 C.F.R. §§ 1.2108(b) and 73.5006,[^31] interested parties
will have **ten days** to file petitions to deny after the Commission
releases a public notice announcing that the FCC Form 301 has been
accepted for filing.[^32] The Media Bureau will use public notices
generated by the Consolidated Data Base System (CDBS) to start the
ten-day period for filing petitions to deny of these applications. The
public notice entitled "Broadcast Applications" will list such
applications as "Accepted for Filing." An applicant may file an
opposition to any petition to deny within **five days** of the filing
deadline for petitions to deny.[^33] Replies must be filed within **five
days** of the filing deadline for oppositions.[^34]

[Frivolous Pleadings]{.underline}*.* The Commission reminds parties to
our proceedings and their attorneys that the Commission intends to use
its authority fully to deter the filing of frivolous pleadings.[^35]

If the Commission determines that an applicant is otherwise qualified,
there is no substantial and material issue of fact concerning that
determination, and that no additional payments are due, the Commission
will grant the construction permit.

## Anti-collusion Rules

To ensure the competitiveness of the auction process, the Commission's
rules prohibit competing applicants from communicating with each other
about bids, bidding strategies, or settlements, unless such applicants
have identified each other on their short-form applications as parties
with whom they have entered into agreements under section
1.2105(a)(2)(viii).[^36] As explained more fully in the *Auction No. 70
Qualified Bidders Public Notice*, this prohibition began at the
short-form application filing deadline and ends at the down payment
deadline, which is 6:00 p.m. ET on April 16, 2007.[^37] The prohibition
applies to all applicants in Auction No. 70 regardless of whether an
applicant became a qualified bidder or actually participated in the
bidding, and the prohibition continues for all applicants until the down
payment deadline regardless of whether a winning bidder needs to make an
additional payment by the down payment deadline.[^38] Applicants
certified their compliance with Section 1.2105(c) when their short-form
applications (FCC Form 175) were signed.

## Return of SecurID^®^ Tokens

Bidders are encouraged to return for recycling their SecurID^®^ tokens
to the FCC by April 16, 2007. The Commission will send bidders a copy of
this Public Notice and a pre-addressed, stamped envelope. All bidders
should use the envelope to return the tokens now that the auction is
closed. Please note that each SecurID^®^ token is tailored to a specific
auction. Therefore, the tokens issued for this auction will not work for
future auctions.

**For further information, contact:**

+------------------------------+---------------------------------------+
| News Media:                  | Chelsea Fallon at (202) 418-7991      |
|                              |                                       |
|                              | (Wireless Telecommunications Bureau)  |
|                              |                                       |
|                              | Clyde Ensslin at (202) 418-0506       |
|                              |                                       |
|                              | (Media Bureau)                        |
+------------------------------+---------------------------------------+
|                              |                                       |
+------------------------------+---------------------------------------+
| Technical Support Hotline:   | Technical Support Personnel at        |
|                              |                                       |
|                              | \(877\) 480-3201, option nine; (202)  |
|                              | 414-1250;                             |
|                              |                                       |
|                              | or (202) 414-1255 (text telephony     |
|                              | (TTY))                                |
+------------------------------+---------------------------------------+
|                              |                                       |
+------------------------------+---------------------------------------+
| Office of the Managing       | Gail Glasser at (202) 418-0578        |
| Director                     |                                       |
|                              |                                       |
| Auctions Accounting Group    |                                       |
|                              |                                       |
| (Payment, FCC Form 159 and   |                                       |
| refund questions)            |                                       |
+------------------------------+---------------------------------------+
|                              |                                       |
+------------------------------+---------------------------------------+
| Media Bureau,                | Lisa Scanlan, Assistant Chief, at     |
|                              | (202) 418-2700                        |
| Audio Division               |                                       |
|                              | Thomas Nessinger, Attorney Advisor,   |
| (FCC Form 301 questions)     | at (202) 418-2700                     |
+------------------------------+---------------------------------------+
|                              |                                       |
+------------------------------+---------------------------------------+
| Wireless Telecommunications  | Linda Sanderson, Project Manager, at  |
| Bureau, Auctions and         | (717) 338-2868                        |
| Spectrum Access Division     |                                       |
| (Auction-related questions)  | Lynne Milne, Attorney at (202)        |
|                              | 418-0660                              |
+------------------------------+---------------------------------------+

To request materials in accessible formats (Braille, large print,
electronic files, audio format) for people with disabilities, send an
e-mail to <fcc504@fcc.gov> or call the Consumer and Governmental Affairs
Bureau at (202) 418-0530 or (202) 418-0432 (TTY).

**- FCC -**

#  {#section-1 .unnumbered}

[^1]: *See* 47 C.F.R. § 1.2107(b).

[^2]: *Id*.

[^3]: *See* 47 C.F.R. § 1.2109(a).

[^4]: *Id*.

[^5]: 47 C.F.R. § 1.2109. A winning bidder that is found unqualified to
    be a Commission licensee, fails to pay the balance of its winning
    bid by the specified deadline, or defaults or is disqualified for
    any reason after having made the required down payment, will be
    deemed to have defaulted, its application will be dismissed, and it
    will be liable for the payment set forth in Sections 1.2104(g)(2) or
    1.2104(g)(3) of the Commission's rules, whichever is applicable.
    *See* 47 C.F.R. §§ 1.2104(g), 1.2109(c).

[^6]: A wire transfer is a transaction that you initiate through your
    bank. It authorizes your bank to wire funds from your account to our
    lockbox bank, the Mellon Bank in Pittsburgh, Pennsylvania.
    Additional information on wire transfers is available on the
    Commission's web site at: <http://www.fcc.gov/fees/wiretran.html>.

[^7]: Copies of the FCC Form 159 may be obtained by calling the
    Commission's Forms Distribution Center at (800) 418-3676 (outside
    Washington, D.C.) or (202) 418-3676 (in the Washington D.C. area).
    Copies of the FCC Form 159 can also be obtained via the Internet
    (<http://www.fcc.gov/formpage.html>) or by calling from the handset
    of a facsimile machine the Commission's Fax Information System at
    (202) 418-2830.

[^8]: *See* Section D., below.

[^9]: 47 C.F.R. § 1.2109(a).

[^10]: *See* Section D., below.

[^11]: *See* 47 C.F.R. §§ 1.2104(g), 1.2109.

[^12]: *See* Auction of FM Broadcast Construction Permits Scheduled for
    March 7, 2007, Notice and Filing Requirements, Minimum Opening Bids,
    Upfront Payments and Other Procedures for Auction No. 70, AU Docket
    No. 06-170, *Public Notice*, 21 FCC Rcd 12957, 12997 ¶ 171 (MB/WTB
    2006).

[^13]: *See* 47 C.F.R. §§ 1.2104(g), 1.2109.

[^14]: 47 C.F.R. §§ 1.2109(a), 73.5003.

[^15]: *See* 47 C.F.R. §§ 1.2104(g)(2), 1.2109(a) and (c).

[^16]: *See* 47 C.F.R. §§ 1.2109(a), 73.5003.

[^17]: *See* 47 C.F.R. §§ 1.2104(g)(2), 1.2109.

[^18]: *See* 47 C.F.R. § 1.2109(d).

[^19]: *See* 47 C.F.R. § 73.5005(a).

[^20]: *See* 47 C.F.R. §§ 1.2104(g), 1.2107(c), 73.5005(c).

[^21]: For information regarding electronic application filing, refer to
    Mass Media Bureau Implements Mandatory Electronic Filing of FCC
    Forms 301, 314, and 315, *Public Notice*, 16 FCC Rcd 3989 (MMB
    2001).

[^22]: *See* Implementation of Section 309(j) of the Communications Act
    -- Competitive Bidding for Commercial Broadcast and Instructional
    Television Fixed Service Licenses, MM Docket No. 97-234, *First
    Report and Order*, 13 FCC Rcd 15920, 15984 ¶ 164 (1998).

[^23]: *See* 47 C.F.R. §§ 73.3522, 73.3573.

[^24]: To obtain the short form application file number, go to CDBS
    Public Access
    (<http://svartifoss2.fcc.gov/prod/cdbs/pubacc/prod/cdbs_pa.htm>) and
    select "Search for Application Information." In the Application
    Search page, in "File Number," enter "200612%" in the second box
    (leave the first box blank). In "Form" select "Short Form" from the
    pull-down menu. Enter the appropriate "Community of License City"
    and "State." Finally, in "Application Status" select "CP Requested"
    from the pull-down menu. Then, click on "Submit Application Search"
    at the bottom of the page. This will provide all of the Short Forms
    for that community of license. In the few instances with multiple
    allotments in the same community, an applicant can click on the
    "Info" hyperlinks in the results page to determine which Short Form
    is applicable to which applicant.

[^25]: Applicants also are reminded that the Commission's "red light
    rule" implementing the Debt Collection Improvement Act will be
    enforced. 47 C.F.R. § 1.1910. Under the red light rule, the
    Commission will not process applications and other requests for
    benefits filed by parties that have outstanding debts owed to the
    Commission. *Id.; see also* 47 C.F.R. § 1.2109(c) (post-auction
    defaults).

[^26]: 47 C.F.R. § 73.5005(a). *See also* Instructions for Form 301,
    Application for Construction Permit for Commercial Broadcast
    Station, Instructions for Section II: Legal Information, paragraph
    G: Item 10: Auction Authorization for auction-related exhibit filing
    requirements.

[^27]: 47 C.F.R. § 1.2107(d).

[^28]: 47 C.F.R. § 1.2110(j).

[^29]: 47 C.F.R. § 1.2112(a).

[^30]: 47 C.F.R. § 1.65.

[^31]: 47 C.F.R. § 1.2108(b), 73.5006(b).

[^32]: 47 C.F.R. § 73.5006(b).

[^33]: 47 C.F.R. § 73.5006(c).

[^34]: *Id.*

[^35]: *See* Commission Taking Tough Measures Against Frivolous
    Pleadings, *Public Notice*, 11 FCC Rcd 3030 (1996).

[^36]: 47 C.F.R. §§ 1.2105(a)(2)(viii), 1.2105(c)(1). *See also*
    Amendment of Part 1 of the Commission\'s Rules -- Competitive
    Bidding Procedures, WT Docket No. 97-82, *Seventh Report and Order*,
    16 FCC Rcd 17546 (2001); *id*., *Order on Reconsideration of the
    Third Report and Order, Fifth Report and Order, and Fourth Further
    Notice of Proposed Rule Making*, 15 FCC Rcd 15293, 15297-98 ¶¶ 7-8
    (2000).

[^37]: *See* Auction of FM Broadcast Construction Permits, 114 Bidders
    Qualified to Participate in Auction No. 70, *Public Notice*, DA
    07-772 (MB/WTB Feb. 22, 2007).

[^38]: *Id*.