DA 06-252

February 8, 2006

**AUCTION OF FM BROADCAST CONSTRUCTION PERMITS CLOSES**

**Winning Bidders Announced for Auction No. 62**

**Down Payments due February 23, 2006**

**FCC Form 301 due March 10, 2006**

Report No. AUC-06-62-G (Auction No. 62)

On January 31, 2006, the Federal Communications Commission completed the
auction of 171 FM broadcast construction permits (Auction No. 62),
raising (in net bids) a total of \$54,259,600. In this auction, 96
winning bidders won a total of 163 permits. This Public Notice provides
detailed information concerning winning bidders, down payments, deposits
and/or refunds, long-form application (FCC Form 301) filing
requirements, requests for rule waivers, 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 any down payments and
> final payments owed by winning bidders, if any.
>
> **Attachment C: "**Withdrawal Payment Report" lists bid withdrawal
> payments owed by bidders, if any**.**
>
> **Attachment D:** "Multi-Auction Withdrawal Payment Report" lists
> amount(s) or refund(s) due for bidders in Auction No. 37 based upon
> reconciliation of final results of Auction No. 37 and Auction No. 62.
>
> **Attachment E:** "Default Payment Report" contains default payments
> based upon reconciliation of final results of Auction No. 37 and
> Auction No. 62.

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 before **6:00 p.m. Eastern
Time (ET) on February 23, 2006**, winning bidders in Auction No. 62 must
have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough
funds to cover 1) down payments on winning bids, and 2) payments for
withdrawn bids, if applicable.[^1] If a winning bidder's upfront payment
is not sufficient to meet both of these requirements, the winning bidder
must deposit additional funds.[^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
February 23, 2006" column of **Attachment B**. **Note that a payment and
FCC Form 159 are necessary only if a winning bidder's upfront payment
does not cover the required total of down payments and withdrawn bid
payments (as reflected in Attachment B).** Each winning bidder's total
deposits must be a total of any withdrawal payments (if applicable) plus
twenty percent of the net amount of its winning bids.

## Final Payments

Upon resolution, favorable to the winning bidders, of matters raised in
petitions to deny and/or any other technical or legal issues raised by
the FCC Form 301 applications,[^3] the Commission will issue a public
notice announcing that it is prepared to award the construction permits
to the winning bidders.[^4] Within ten business days after the date of
that public notice, the winning bidders will be required to make full
payment of the balance of their winning bids.[^5] Broadcast construction
permits will be granted only after the full and timely payment of
winning bids and any applicable late fees, in accordance with Section
1.2109(a).[^6]

##  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).[^7] 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 winning bidders are responsible for insuring timely
submission of the correct down payment, timely filing of an accurate and
complete FCC Form 159, and obtaining confirmation from their financial
institution that Mellon Bank has timely received their down payment and
deposited it into the proper account**.

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.

**Wire transfers for down payments must be received by Mellon Bank
before 6:00 p.m. ET on February 23, 2006**. Winning bidders should
coordinate with their bankers ahead of time regarding their wire
transfers, and allow sufficient time for the wire transfer to be
**initiated and completed prior to the deadline.** 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: "A62D")
>
> FCC CODE 1: (same as FCC Form 159, Block 28A: "62")
>
> PAYOR NAME: (same as FCC Form 159, Block 2)

LOCKBOX NO.: #358850

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. **Winning bidders must use the same FCC Registration
Number (FRN) used on their FCC Form 175.**

**Failure to complete the down payment on or before February 23, 2006,
will result in default. *See* Section D.2., below.**

##  Withdrawal, Default and Disqualification Payments

The Commission imposes payments on bidders that withdraw provisionally
winning bids during the course of an auction, those that default on
payments due after an auction closes, and those that are
disqualified.[^8]

##  {#section .unnumbered}

*1. [Bid Withdrawal Payments]{.underline}.* A bidder (Bidder A) that
withdraws a provisionally winning bid during the course of an auction is
subject to a bid withdrawal payment equal to the difference between the
amount of the withdrawn bid and the amount of the subsequent winning
bid.[^9] No withdrawal payment will be assessed for a withdrawn bid if
either the subsequent winning bid or any of the intervening subsequent
withdrawn bids equals or exceeds that withdrawn bid.[^10] If a
provisionally winning bid is withdrawn on a construction permit that
remains unsold at the close of the auction, Bidder A will be required to
make an interim payment equal to three percent of the net amount of the
withdrawn bid.[^11] This payment amount is deducted from any upfront
payments or down payments that Bidder A has deposited with the
Commission.[^12] If, in a subsequent auction, that construction permit
receives a winning bid or an intervening subsequent withdrawn bid in an
amount equal to or greater than the withdrawn bid amount, then no final
bid withdrawal payment will be assessed.[^13] Upon appropriate request,
the Commission will refund the interim three percent payment. If, in a
subsequent auction, the winning bid amount for that construction permit
is less than Bidder A's withdrawn bid amount, then Bidder A will be
required to make a final bid withdrawal payment equal to either the
difference between Bidder A's net withdrawn bid and the subsequent net
winning bid, or the difference between Bidder A's gross withdrawn bid
and the subsequent gross winning bid, whichever is less.[^14] The three
percent interim payment will be applied toward the withdrawal
payment.[^15]

**Attachment C** identifies bidders that owe withdrawal payments to the
Commission as a result of bids withdrawn in Auction No. 62. Any upfront
payments or down payments that the withdrawing bidder has deposited with
the Commission will first be applied to satisfy the withdrawal payment
amount before being applied towards a winning bidder's down
payment.[^16]

Because Auction No. 62 is complete, we have calculated and will assess
certain final bid withdrawal payments owed as a result of withdrawals of
provisional winning bids on construction permits in Auction No. 37.
These final bid withdrawal payments are identified in **Attachment D**.
Any upfront payment or down payments that the withdrawing bidder has
deposited with the Commission will first be applied to satisfy the
withdrawal payment(s) amount before being applied towards a winning
bidder's down payment.[^17] Forthcoming orders will assess such payments
and will set forth due dates for the payment of any such obligations.

*2. [Bid Default/Disqualification Payments]{.underline}.* If a winning
bidder defaults or is disqualified after the close of the auction, the
defaulting bidder will be subject to the same bid withdrawal payment
obligations as described above, plus an additional payment equal to
three percent of the subsequent winning bid or three percent of the
defaulted bid, whichever is less.[^18] 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.[^19] 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 both
the difference between the gross bids and the difference between 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 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 February 23, 2006, 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.[^20] In such event, the
Commission, at its discretion, may either auction the spectrum to
existing or new applicants, or offer it to the other highest bidders (in
descending order) at their final bids.[^21]

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, it
will be allowed to make payment within ten business days after the
payment deadline provided that it also pays a late fee equal to five
percent of the amount due.[^22] When a winning bidder fails to pay the
balance of its winning bid plus the late fee by the late payment
deadline, it is considered to be in default on its construction
permit(s) and subject to the applicable default payments.[^23]

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.[^24] If a winning bidder defaults in any of its required payments
or is disqualified for any reason after having made the required down
payment, 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).[^25] In such event, the Commission may either auction the
spectrum to existing or new applicants or offer it to the other highest
bidders (in descending order) at the amount of their final bids.[^26]

Additionally, bidders that are found to have violated the antitrust laws
or the Commission's rules in connection with their participation in the
competitive bidding process may be subject, in addition to any other
applicable sanctions, to forfeiture of their upfront payment, down
payment, or full bid amount, and may be prohibited from participating in
future auctions.[^27]

## Refund of Excess Payments 

Upfront monies on deposit that are in excess of any applicable down
payment, withdrawal and/or default payment amounts will be refunded to
the payer of record as identified on the FCC Form 159 promptly at the
close of the auction, if the necessary 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 **February 23, 2006**.
After this date, applicants must send a request for refund along with
the necessary wire transfer instructions and FCC Registration Number
(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*:** Before **6:00 p.m. ET on March 10, 2006,**
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 construction permit for which they were the winning bidder.[^28]

***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.[^29] In accordance with the Commission's rules, electronic
filing of FCC Form 301 must be accompanied by the appropriate
application filing fee,[^30] and information submitted on the new FCC
Form 301 application by winning bidders must not constitute a major
change from any information specified in the winning bidder\'s
previously filed FCC Form 175.[^31] 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/elecfile.html**](http://www.fcc.gov/mb/elecfile.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. 62" on the Pre-form and enter the
relevant Short Form file number from CDBS (Question 2).[^32] For
assistance with electronic filing, call the Audio Division Help Desk at
(202) 418-2662.

**The staff will return applications not submitted in accordance with
the procedures described above. 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.**[^33] **Applicants are
encouraged to pay the FCC Form 301 application filing fee electronically
using CDBS filing system in order to avoid processing delays**.[^34]

## Additional Post-Auction Filing Requirements 

Section 73.5005(a) of the Commission's rules[^35] 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);[^36]
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);[^37] 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).[^38]

##  {#section-1 .unnumbered}

## Maintaining Accuracy of Information

After the auction closes, applicants are required to make all changes by
filing FCC Form 301. With the release of this public notice, applicants
are no longer required to maintain the accuracy and completeness of
information furnished on their FCC Form 175 and exhibits.

## Application Processing and Construction Permit Grant

Pursuant to 47 C.F.R. §§ 1.2108(b) and 73.5006,[^39] interested parties
will have **ten (10) days** to file petitions to deny after the
Commission releases a public notice announcing the FCC Form 301 have
been accepted for filing.[^40] The Media Bureau will use public notices
generated by their Consolidated Data Base System (CDBS) to start the
ten-day period for filing petitions to deny 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 (5) days** of the
filing deadline for petitions to deny.[^41] Replies must be filed within
**five (5) days** of the filing deadline for oppositions.[^42] If the
Commission determines an 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, it
will grant the construction permit.

[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.[^43]

## 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 FCC Form 175 applications as parties
with whom they have entered into agreements under section
1.2105(a)(2)(viii).[^44] As explained more fully in the *Auction No. 62
Qualified Bidders Public Notice*,[^45] this prohibition began at the
short-form application filing deadline and ends at the down payment
deadline, which is February 23, 2006.[^46] The prohibition applies to
all applicants in Auction No. 62 regardless of whether an applicant
became a qualified bidder or actually participated in the bidding, and
the prohibition continues until the down payment deadline regardless of
whether a winning bidder needs to make an additional payment by the down
payment deadline. Applicants certified their compliance with Section
1.2105(c) when their FCC Form 175 short-form applications were signed.

## Return of SecurID Cards

Bidders are encouraged to return for recycling their SecurID fobs to the
FCC by February 23, 2006. 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 cards now that the auction is
closed. Please note that each SecurID fob is tailored to a specific
auction. Therefore, the fobs 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)  |
|                              |                                       |
|                              | Rebecca Fisher at (202) 418-2359      |
|                              |                                       |
|                              | (Media Bureau)                        |
+------------------------------+---------------------------------------+
|                              |                                       |
+------------------------------+---------------------------------------+
| Technical Support Hotline:   | Technical Support Personnel at        |
|                              |                                       |
|                              | \(877\) 480-3201, option nine; (202)  |
|                              | 414-1250;                             |
|                              |                                       |
|                              | or (202) 414-1255 (text telephone     |
|                              | (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, at (202)  |
| (FCC Form 301 questions)     | 418-2700                              |
+------------------------------+---------------------------------------+
|                              |                                       |
+------------------------------+---------------------------------------+
| Wireless Telecommunications  | Linda Sanderson, Project Manager, at  |
| Bureau, Auctions and         | (717) 338-2888                        |
| Spectrum Access Division     |                                       |
| (Auction-related questions)  | Howard Davenport, 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-2 .unnumbered}

[^1]: *See* 47 C.F.R. § 1.2107(b).

[^2]: *Id*. In the event a bidder has withdrawn a bid(s) and is subject
    to a bid withdrawal payment(s), the bidder's upfront payment will be
    first applied to satisfy the withdrawal payment(s) before being
    applied toward its down payment. *See* 47 C.F.R. § 1.2104(g)(1).

[^3]: A winning bidder that is found unqualified to be a Commission
    licensee 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).

[^4]: *See* 47 C.F.R. § 73.5006(d).

[^5]: 47 C.F.R. §§ 1.2109 and 73.5003.

[^6]: 47 C.F.R. § 1.2109(a).

[^7]: 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 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* 47 C.F.R. §§ 1.2104(g), 1.2109.

[^9]: *See* 47 C.F.R. § 1.2104(g)(1).

[^10]: *See id*.

[^11]: *See* 47 C.F.R. § 1.2104(g)(1); Amendment of Part 1 of the
    Commission's Rules -- Competitive Bidding Procedures, WT Docket No.
    97-82, *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, 15301-02 (2000) (\"*Part 1 Fifth Report
    and Order*\"); *see* Implementation of Section 309(j) of the
    Communications Act -- Competitive Bidding, PP Docket No. 93-253,
    *Fifth Report and Order*, 9 FCC Rcd 5532, 5563 n.51 (1994).

[^12]: *See* 47 C.F.R. § 1.2104(g)(1).

[^13]: *See id*.

[^14]: *See id*.

[^15]: *See id*.

[^16]: *See id*.

[^17]: *See id*.

[^18]: *See* 47 C.F.R. § 1.2104(g)(2).

[^19]: *See* 47 C.F.R. § 1.2104(g)(2).

[^20]: *See* 47 C.F.R. §§ 1.2104(g), 1.2109.

[^21]: *See* 47 C.F.R. § 1.2109(b).

[^22]: 47 C.F.R. §§ 1.2109(a), 73.5003.

[^23]: *See* 47 C.F.R. §§ 1.2104(g), 1.2109(a), 1.2109(c).

[^24]: *See* 47 C.F.R. §§1.2109(a), 73.5003.

[^25]: *See* 47 C.F.R. §§ 1.2104(g)(2), 1.2109(a), 1.2109(c).

[^26]: *See* 47 C.F.R. § 1.2109(c).

[^27]: *See* 47 C.F.R. § 1.2109(d).

[^28]: *See* 47 C.F.R. § 73.5005(a).

[^29]: 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).

[^30]: *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).

[^31]: *See* 47 C.F.R. §§ 73.3573(a)(1), 73.3573(f)(5)(iii),
    73.3522(a)(3).

[^32]: To obtain the Short Form 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 "20050%" 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.

[^33]: *See* 47 C.F.R. §§ 1.2104(g), 1.2107(c), 73.5005(c).

[^34]: 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).

[^35]: 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.

[^36]: 47 C.F.R. § 1.2107(d).

[^37]: 47 C.F.R. § 1.2110(j).

[^38]: 47 C.F.R. § 1.2112(a).

[^39]: 47 C.F.R. § 1.2108(b); 73.5006(b).

[^40]: 47 C.F.R. § 73.5006(b).

[^41]: 47 C.F.R. § 73.5006(c).

[^42]: *Id.*

[^43]: *See* Commission Taking Tough Measures Against Frivolous
    Pleadings, *Public Notice*, 11 FCC Rcd 3030 (1996).

[^44]: 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); *Part 1 Fifth Report and Order*, 15 FCC Rcd
    at 15297-98 ¶¶ 7-8.

[^45]: *See* Auction of FM Broadcast Construction Permits, 214 Bidders
    Qualified to Participate in Auction No. 62, *Public Notice*, DA
    05-3204 (WTB/MB Dec. 21, 2005).

[^46]: *Id*.