** PUBLIC NOTICE**

**FEDERAL COMMUNICATIONS COMMISSION News Media Information: (202)
418-0500**

**445 12^th^ Street, S.W. Fax-On-Demand: (202) 418-2830**

# WASHINGTON DC 20554 Internet: http://www.fcc.gov

** ftp.fcc.gov**

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## October 1, 1999

## DA 99-2062

### PAHRUMP, NEVADA CLOSED BROADCAST AUCTION TO BE HELD ON OCTOBER 6, 1999

###### 3 Qualified Bidders

**Report No. AUC-99-27-A **

By this Public Notice, the Wireless Telecommunications Bureau ("WTB) and
the Mass Media Bureau (collectively, "Bureaus"), announce the auction of
an FM radio construction permit for Pahrump, Nevada, to commence October
6, 1999. This proceeding is designated as Auction No. 27. The spectrum
to be auctioned is the subject of pending, mutually exclusive
applications for construction permits. Pursuant to the *Broadcast First
Report and Order*[^1], participation in the auction is limited to those
applicants identified in Attachment A of this Public Notice ("Qualified
Bidders").

The Qualified Bidders previously filed acceptable "Applications to
Participate in an FCC Auction" (FCC Forms 175) ("short-form
applications") for Auction No. 25.[^2] Those short-form applications are
hereby accepted for purposes of participation in Auction No. 27. The
Qualified Bidders have already furnished sufficient upfront
payments.[^3]

Auction No. 27 shall be conducted utilizing the minimum opening bid and
upfront payment amounts previously set for Pahrump, Nevada in Auction
No. 25.[^4] Competitive bidding procedures and substantive rules adopted
for Auction No. 25 shall be generally applicable for Auction No. 27,[^5]
however, software and network use procedures will be modified as
explained in Attachments B and C. In addition, the proceeding is to be
generally restricted under the Commission's *ex parte* rules[^6] and the
initial schedule of competitive bidding rounds shall vary from that
employed in Auction No. 25 and is set forth below:[^7]

######### [Initial Bidding Schedule]{.underline}

The bidding schedule for Wednesday, October 6, 1999, and continuing
until further notice, will be:

Bidding Period 9:30 a.m. - 10:30 a.m. ET

Round Results 10:30 a.m. 10:45 a.m. ET

Bidding Period 11:30 a.m. - 12:30 p.m. ET

Round Results 12:30 p.m. - 12:45 p.m. ET

Bidding Period 2:00 p.m. - 3:00 p.m. ET

Round Results 3:00 p.m. 3:15 p.m. ET

Bidding Period 4:00 p.m. - 5:00 p.m. ET

Round Results 5:00 p.m. 5:15 p.m. ET

The FCC will set the pace of the auction based upon its monitoring of
the bidding and its assessment of the auction's progress. Generally, the
FCC will announce changes to the bidding schedule approximately two days
in advance. Software and login codes are being dispatched by express
mail.

For further information regarding this Public Notice, please contact
Kathy Garland or Bob Reagle, Operations Branch, Auctions and Industry
Analysis Division, at (717) 338-2888, or Bob Allen, Legal Branch,
Auctions and Industry Analysis Division at (202) 418-0660. For Technical
matters, contact FCC Technical Support at (202) 414-1250.** **

[^1]: *See Implementation of Section 309(j) of the Communications Act --
    Competitive Bidding for Commercial Broadcast and Instructional
    Television Fixed Service Licenses, 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*") *as
    modified by * *Memorandum Opinion and Order*, FCC 99-74, rel. April
    20, 1999.

[^2]: The short-form filing window for Auction No. 25 closed on August
    20, 1999. Minor corrective amendments were due by no later than
    September 14, 1999 . The Qualified Bidders filed and amended their
    short-form applications within the applicable time frames.

[^3]: These upfront payments were submitted for participation in Auction
    No. 25. The upfront payment deadline for Auction No. 25 was
    September 13, 1999. Ramona Lee Hayes-Bell ("Bell") submitted her
    upfront payment on September 23, 1999 and attributed the delay to an
    error by the Nevada State Bank. For this reason, Bell was found not
    qualified to participate in Auction No. 25. By letters dated
    September 23, 24 and 27, 1999, Bell sought reconsideration of that
    finding or, alternatively, waiver of the Commission's upfront
    payment rules. At the direction of the Office of the Chairman, on
    the afternoon of September 27, 1999, WTB orally granted Bell's
    waiver request. Consequently, the Bell application was reinstated
    and the Pahrump, Nevada market was removed from Auction No. 25 to
    allow time to reconstitute the pool of applicants to include Bell.
    On September 28, 1999, Pahrump Valley Broadcasters, Inc. filed a
    letter with the Commission objecting to the reinstatement and waiver
    and stating its intention to file a petition for reconsideration
    within the period specified under Section 1.106 of the Commission's
    rules. Applicant Milton Bozanic, through counsel, also orally
    objected to the reinstatement of the Bell application. Accordingly,
    if Bell prevails as winning bidder in Auction No. 27, grant of a
    construction permit to her would be subject to the Commission's
    ultimate disposition of any petition relating to reinstatement of
    her short-form application.

[^4]: These amounts were the subject of a notice and comment procedure
    prior to commencement of Auction No. 25. *See * "Closed Broadcast
    Auctions Scheduled For September 28, 1999: Comments Sought on
    Reserve Prices or Minimum Opening Bids and Other Auction Procedural
    Issues," *Public Notice*, DA 99-940 (rel. May 17, 1999) and
    *Supplement and Erratum*, DA 99-1009, rel. May 26, 1999
    (collectively, "*Announcement Public Notice*"); "Closed Broadcast
    Auction: Notice and Filing Requirements For Auction of AM, FM, TV,
    LPTV and FM and TV Translator Construction Permits Scheduled for
    September 28, 1999\-\--Minimum Opening Bids and Other Procedural
    Issues," *Public Notice*, DA 99-1346 (re. July 9, 1999) and *Erratum
    to Public Notice DA 99-1346*, (rel. August 2, 1999), (collectively,
    "*Closed Broadcast Auction Public Notice*").

[^5]: See "Closed Broadcast Auction: 224 Qualified Bidders," *Public
    Notice,* DA 99-1912 (rel. September 17, 1999); *see also *"Closed
    Broadcast Auction: Status of Applications to Participate in the
    Auction," *Public Notice*, DA 99-1800 (rel. September 3, 1999) and
    *Erratum to Public Notice DA 99-1800*, (rel. September 9, 1999);
    "New Rule Now In Effect Concerning Equity/Debt Threshold In Use For
    Determining Eligibility for New Entrant Bidding Credit," *Public
    Notice*, DA 99-1663 (rel. August 19, 1999); "FCC Reminds Applicants
    of Short Form Filing Deadline and Electronic Access to Filing System
    for Auction 25 'Closed Broadcast Auction'" *Public Notice*, DA
    99-1664 (rel. August 19, 1999); "Closed Broadcast Auctions," *Public
    Notice*, DA 99-1638 (rel. August 16, 1999); "Closed Broadcast
    Auctions: Ownership Disclosure Requirements For Auctions Scheduled
    For September 28, 1999," *Public Notice*, DA 99-1585 (rel. August
    10, 1999); *Closed Broadcast Public Notice;* and *Announcement
    Public Notice*.

[^6]: Spectrum auctions are usually exempt from the requirements of the
    *ex parte* rules. 47 C.F.R. 1.1200, *et. seq* . *See also* "Short
    Form Applications Treated as Exempt for *Ex Parte* Purposes,"
    *Public Notice*, 9 FCC Rcd 6760 (1994). However, in this proceeding
    Bell filed a waiver request that is now opposed. For this reason,
    the proceeding is restricted. *Ex parte* communications shall be
    generally prohibited. *In Re Amendment of 47 C.F.R. Sec. 1.1200*,
    *et. seq. Concering Ex Parte Presentations in Commission
    Proceedings* *in GC Docket No. 95-21,* *Report and Order*, 12 FCC
    Rcd 7348, at Paras. 24-25. However, to the extent that
    communications between any of the Qualified Bidders and the
    Commission staff or its contractors is necessary to facilitate the
    submission of bids or use of the Commission's bidding network or
    software, such communication shall be permissible. *Id.*

[^7]: Further, there will be no mock auction to be conducted for Auction
    No. 27.