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 PUBLIC  NOTICE  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:  ftp.  fcc.  gov
 DA  02-  2955  November  4,  2002
 New  AM  Broadcast  Stations  Auction  No.  32
 Status  of  Applications  to  Participate  in  the  Auction
 Report  No.  AUC-  02-  32-  I  (Auction  No.  32)
 The  Federal  Communications  Commission  ("  Commission")  has  received  seven  timely  filed  FCC  Form  175  applications  to  participate  in  Auction  No.  32,  scheduled  to  begin  Tuesday,  December  10,  2002,  for  construction
 permits  for  three  new  AM  broadcast  stations.  These  applications  have  been  reviewed  for  completeness  and  compliance  with  the  Commission's  rules,  and  have  been  classified  into  the  following  categories:
 ACCEPTED  FOR  FILING..........................................................................  2  Applications
 INCOMPLETE.............................................................................................  5  Applications
 All  Applicants:  Applicants  submitted  their  original  FCC  Form  175  applications  by  using  a  Taxpayer  Identification  Number  (TIN)  but  were  recently  notified  of  requirements  to  obtain  and  provide  the  FCC
 Operations  Group  with  an  FCC  Registration  Number  (FRN).  1  Any  review  of  and/  or  updates  to  these  applications  will  require  the  use  of  that  FRN  and  a  password.  Applicants  were  also  instructed  to  submit
 additional  information  for  incorporation  as  part  of  their  short-  form  application  (FCC  Form  175).  2  Applicants  are  therefore  encouraged  to  review  their  electronic  applications  for  accuracy.  Electronic  applications  can  be  viewed
 by  logging  on  via  the  Form  175  Homepage.  To  obtain  this  page,  go  to  the  Auction  Systems  page  at  http://  auctions.  fcc.  gov/  and  click  the  Form  175  Application  &  Search  link.  Applicants  are  encouraged  to  print  a
 copy  of  their  displayed  FCC  Form  175.  Information  for  reviewing  and  accessing  the  FCC  Form  175  is  also  included  in  Attachment  C.
 1  See  Auction  No.  32  Construction  Permits  for  New  AM  Broadcast  Stations  Scheduled  for  December  10,  2002,
 Public  Notice,  DA  02-  2623,  Section  II.  B.  (rel.  October  15,  2002)  (  Auction  No.  32  Procedures  Public  Notice);  see  also  Additional  Information  Required  for  Completion  of  FCC  Form  175  and  Exhibits  for  Auction  No.  32;  Auction  of
 Construction  Permits  for  New  AM  Broadcast  Stations  Scheduled  for  December  10,  2002,  Public  Notice,  DA  02-  2757  (rel.  October  21,  2002)  (  Auction  No.  32  Additional  Information  Public  Notice).
 2  Auction  No.  32  Additional  Information  Public  Notice  at  2.
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 Accepted:  Applications  accepted  for  filing  are  listed  alphabetically  in  Attachment  A.  These  applicants  will  become  qualified  bidders  upon  receipt  of  the  required  upfront  payment  due  by  6:  00  p.  m.  ET  on  Friday,
 November  15,  2002.  3  With  respect  to  the  FCC  Form  175  applications,  once  the  electronic  application  is  reviewed,  these  applicants  need  take  no  further  action  except  as  may  be  necessary  to  maintain  the  accuracy  of
 their  applications.  4  Attachment  A  also  includes  FCC  account  numbers  that  were  automatically  created  by  the  Auction  System  for  each  applicant  and  indicates  the  construction  permit  selected  by  each  applicant  on  its  FCC
 Form  175  filing.
 Incomplete:  Applications  found  to  be  incomplete  are  listed  alphabetically  in  Attachment  B.  Applicants  whose  FCC  Form  175  applications  have  been  deemed  incomplete  will  receive  overnight  correspondence  indicating
 what  information  is  required  to  make  the  applications  acceptable  for  filing.  These  applicants  may  become  qualified  bidders  only  if  they:  (1)  make  the  required  upfront  payments  by  6:  00  p.  m.  ET  on  Friday,
 November  15,  2002;  and  (2)  resubmit  their  applications  by  6:  00  p.  m.  ET  on  Friday,  November  15,  2002,  to  correct  the  deficiencies  indicated.  Applicants  also  must  maintain  the  accuracy  of  their  FCC  Form  175
 applications  as  required  by  the  Commissions  rules.  5  Applicants  are  advised  that  Attachment  B  includes  FCC  account  numbers  that  were  automatically  created  by  the  Auction  System  for  each  applicant.
 The  filing  window  for  resubmitting  FCC  Form  175  applications  is  now  open.  Corrected  applications  must  be  filed  no  later  than  6:  00  p.  m.  ET  on  Friday,  November  15,  2002.  This  will  be  the  only  opportunity  to  cure  FCC
 Form  175  defects;  late  resubmissions  will  not  be  accepted.  In  addition,  if  an  application  remains  incomplete  or  otherwise  deficient  after  the  resubmission  deadline  has  passed,  the  application  will  be  dismissed.
 UPFRONT  PAYMENT  DEADLINE
 Upfront  payments  and  accompanying  FCC  Remittance  Advice  (FCC  Form  159)  for  Auction  No.  32  are  due  at  Mellon  Bank,  Pittsburgh,  Pennsylvania,  no  later  than  6:  00  p.  m.  ET  on  Friday,  November  15,  2002.
 Payments  must  be  made  by  wire  transfer  and  applicants  must  include  their  FRN.  No  other  payment  method  is  acceptable  for  this  auction.  Applicants  are  reminded  to  use  their  FRN/  TIN,  not  their  FCC  Account
 Numbers  on  the  FCC  Form  159.  Applicants  must  fax  a  completed  FCC  Form  159  (Revised  February  2000)  to  Mellon  Bank  at  (412)  209-  6045  at  least  one  hour  before  placing  the  order  for  the  wire  transfer  (but  on  the  same
 business  day).
 Applicants  that  have  filed  applications  deemed  to  be  incomplete,  as  noted  in  this  public  notice,  must  submit  timely  and  sufficient  upfront  payments  before  the  Commission  will  review  their  resubmitted
 applications.  If  no  upfront  payment  is  made  or  the  application  remains  incomplete  following  its  resubmission,  the  application  will  be  dismissed.  If  the  applicant  has  provided  its  FRN,  TIN,  and  wire  transfer  instructions,  any
 upfront  payment  made  prior  to  dismissal  will  be  refunded  automatically.
 We  remind  applicants  that  to  avoid  untimely  upfront  payments  they  should  discuss  arrangements  (including  bank  closing  schedules)  with  their  banker  several  days  before  making  the  wire  transfer,  and
 allow  sufficient  time  for  the  transfer  to  be  initiated  and  completed  before  the  deadline.  Detailed  information  regarding  upfront  payments  including  additional  requirements  for  former  defaulters  can  be  found
 in  the  Auction  No.  32  Procedures  Public  Notice  under  Section  III.  C.  6
 3  47  C.  F.  R.    1.2106.
 4  47  C.  F.  R.    1.65.
 5  Id.
 6  See  Auction  No.  32  Procedures  Public  Notice  at  Section  III.  C.  See  also  Auction  No.  32  Additional  Information
 Public  Notice  at  2.
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 Note:  Applicants  are  reminded  to  submit  the  same  FRN  with  all  future  payments.
 OTHER  IMPORTANT  INFORMATION
 Qualified  Bidders:  Approximately  one  week  after  the  upfront  payment  deadline,  following  Commission  review  of  resubmitted  FCC  Form  175  applications,  and  correlation  of  payments  and  applications,  a  public  notice  listing
 all  applicants  qualified  to  bid  in  the  auction  will  be  released.  The  same  public  notice  will  also  include  instructions  for  participating  in  the  mock  auction  and  a  bidding  schedule  for  the  mock  auction  and  the  first  day
 of  the  auction.
 Due  Diligence:  Potential  bidders  are  reminded  that  they  are  solely  responsible  for  investigating  and  evaluating  all  technical  and  market  place  factors  that  may  have  a  bearing  on  the  value  of  the  AM  broadcast  facilities  in  this
 auction.  The  FCC  makes  no  representations  or  warranties  about  the  use  of  this  spectrum  for  particular  services.  Potential  bidders  are  strongly  encouraged  to  conduct  their  own  research  prior  to  Auction  No.  32  in  order  to
 determine  the  existence  and  status  of  any  pending  proceedings  that  might  affect  their  decisions  regarding  participation  in  the  auction.  Participants  in  Auction  No.  32  are  strongly  encouraged  to  continue  such  research
 during  the  auction.  For  further  details  regarding  due  diligence,  please  refer  to  the  Auction  No.  32  Procedures  Public  Notice  under  Section  I.  B.  3.
 Prohibition  of  Collusion:  Bidders  are  reminded  that  Section  1.2105(  c)  of  the  Commission's  rules  prohibits  competing  applicants  from  communicating  with  each  other  during  the  auction  about  bids,  bidding  strategies,  or
 settlements  unless  they  have  identified  each  other  as  parties  with  whom  they  have  entered  into  agreements  under  Section  1.2105(  a)(  2)(  viii).  For  Auction  No.  32,  this  prohibition  became  effective  at  the  short-  form  application
 filing  deadline  on  Tuesday,  February  1,  2000,  and  will  end  on  the  post-  auction  down  payment  deadline,  which  will  be  announced  in  a  future  public  notice.  7  If  parties  had  agreed  in  principle  on  all  material  terms,  those  parties
 must  be  identified  on  the  short-  form  application  under  Section  1.2105(  c),  even  if  the  agreement  had  not  been  reduced  to  writing.  If  parties  had  not  agreed  in  principle  by  the  filing  deadline,  an  applicant  should  not  have
 included  the  names  of  those  parties  on  its  application,  and  must  not  have  continued  negotiations  with  other  competing  applicants.  8
 In  addition,  Section  1.65  of  the  Commissions  Rules  requires  an  applicant  to  maintain  the  accuracy  and  completeness  of  information  furnished  in  its  pending  application  and  to  notify  the  Commission  within  30  days  of
 any  substantial  change  that  may  be  of  decisional  importance  to  that  application.  9  Thus,  Section  1.65  requires  an  auction  applicant  to  notify  the  Commission  of  any  violation  of  the  anti-  collusion  rules  upon  learning  of  such
 violation.  Bidders  therefore  are  required  to  make  such  notification  to  the  Commission  immediately  upon  discovery.  10  For  further  details  regarding  the  prohibition  against  collusion,  refer  to  the  Auction  No.  32
 Procedures  Public  Notice  under  Section  I.  B.  2.
 7  47  C.  F.  R.    1.2105(  c)(  1).
 8  See  Wireless  Telecommunications  Bureau  Clarifies  Spectrum  Auction  Anti-  Collusion  Rules,  Public  Notice,  DA
 95-  2244  (rel.  October  26,  1995),  11  FCC  Rcd  9645  (1995).
 9  47  C.  F.  R.    1.65.
 10  The  Commission  recently  amended  Section  1.2105  to  require  auction  applicants  to  report  prohibited
 communications  in  writing  to  the  Commission  immediately,  but  in  no  case  later  than  five  business  days  after  the  communication  occurs.  Amendment  of  Part  1  of  the  Commissions  Rules    Competitive  Bidding  Procedures,  Seventh
 Report  and  Order,  16  FCC  Rcd  17546,  17555,    17  (2001).
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 Winning  bidders  will  be  required  to  disclose  in  their  long-  form  applications  the  specific  terms,  conditions  and  parties  involved  in  all  bidding  consortia,  joint  ventures,  partnerships,  and  other  arrangements  entered  into
 relating  to  the  competitive  bidding  process.  11  Bidders  found  to  have  violated  the  anti-  collusion  rule  may  be  subject  to  sanctions.  12  In  addition,  applicants  are  reminded  that  they  are  subject  to  the  antitrust  laws,  which  are
 designed  to  prevent  anti-  competitive  behavior  in  the  marketplace.  If  a  bidder  is  found  to  have  violated  the  antitrust  laws  in  connection  with  its  participation  in  the  competitive  bidding  process,  it  may  be  subject  to
 forfeiture  of  its  upfront  payment,  down  payment,  or  full  bid  amount  and  may  be  prohibited  from  participating  in  future  auctions.  13
 Ex  Parte  Rule:  Applicants  should  also  be  aware  that  the  Commission  has  generally  exempted  auction  proceedings  from  the  strict  requirements  of  the  ex  parte  rule  found  in  Section  1.1208  14  of  the  Commissions
 rules.  15
 Mock  Auction:  All  applicants  found  to  be  qualified  bidders  will  be  eligible  to  participate  in  a  mock  auction  on  Thursday,  December  5,  2002.  We  encourage  all  qualified  bidders  to  take  advantage  of  this  mock  auction  to
 become  familiar  with  the  FCC  Automated  Auction  System.  In  the  Qualified  Bidders  Public  Notice,  the  Bureau  will  announce  the  bidding  schedule  for  the  mock  auction  and  give  details  about  participation.  The  mock  auction
 will  be  conducted  over  the  Internet.  Telephonic  bidding  will  also  be  available.  As  a  contingency,  the  FCC  Wide  Area  Network  will  be  available  as  well.  The  telephone  number  through  which  the  backup  FCC  Wide  Area
 Network  may  be  accessed  will  be  announced  in  a  later  public  notice.
 Electronic  Bidding:  Applicants  are  reminded  that  qualified  bidders  are  eligible  to  bid  either  electronically  or  telephonically.  Applicants  should  specify  their  bidding  preference  on  the  FCC  Form  175  by  6:  00  p.  m.  ET  on
 Friday,  November  15,  2002.  All  applicants  will  be  deemed  electronic,  unless  the  telephonic  bidding  selection  is  specified.
 Bidders  can  access  the  FCC  Automated  Auction  System  over  the  Internet.  As  a  contingency,  bidders  can  also  access  the  FCC  Automated  Auction  System  over  the  FCCs  Wide  Area  Network.  Access  to  the  system  via  the
 Internet  requires,  at  a  minimum,  the  following  hardware  and  software:
   CPU:  Pentium  133  or  above    RAM:  32  MB  (64  MB  recommended)
   Monitor:  VGA  or  above    Mouse  or  other  pointing  device
 11  Section  73.5005(  a)  of  the  Commissions  rules  requires  that  post-  auction  filings  include  the  exhibits  required  by  47
 C.  F.  R.  Section  1.2107(  d)  (concerning  any  bidding  consortia,  joint  bidding  arrangements  or  other  agreements  relating  to  the  competitive  bidding  process);  Section  1.2110(  i)  (concerning  designated  entity  status,  if  applicable);  and  Section  1.2112(  a)
 and  (b)  (concerning  disclosure  of  ownership  and  real  party  in  interest  information.)
 12  47  C.  F.  R.    1.2105(  c),  1.2107(  d),  and  1.2109(  d).
 13  47  C.  F.  R.  1.2109  (d).
 14  47  C.  F.  R.    1.1202(  d)  note  (1);  see  also  Commission  Announces  that  Mutually  Exclusive  Short-  Form
 Applications  (Form  175)  to  Participate  in  Competitive  Bidding  Process  (  Auctions)  Are  Treated  as  Exempt  for  Ex  Parte  Purposes,  Public  Notice,  9  FCC  Rcd  6760  (1994).
 15  Commission  Announces  that  Mutually  Exclusive  Short-  Form  Applications  (Form  175)  to  Participate  in
 Competitive  Bidding  Process  (  Auctions)  Are  Treated  as  Exempt  for  Ex  Parte  Purposes,  Public  Notice,  9  FCC  Rcd  6760  (1994).
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   Operating  System:  Microsoft  Windows  95,  98,  2000,  ME,  NT    Web  Browser,  either  of  the  following:
   Microsoft  Internet  Explorer  4.0  or  higher  (recommended).  If  you  have  Internet  Explorer  5.0  or  higher,  your  browser  must  have  either  Microsoft  VM  or  Java  Plug-  In  Version  1.3.1  installed.
   Netscape  Communicator  4.0  or  higher,  with  Java  Plug-  In  Version  1.3.1.
 Java  Plug-  In  Version  1.3.1  is  available  for  downloading  at  http://  java.  sun.  com/  getjava/  download.  html.
 In  addition,  users  accessing  the  FCC  Automated  Auction  System  via  the  FCCs  Wide  Area  Network  will  need:
   Modem:  28.8  Kbps  Hayes  compatible  modem  or  faster  (56.6  Kbps  recommended)    Point-  to-  Point  Protocol  (PPP)  Dialer:  Use  the  Dial-  Up  Networking  feature  included  with  the  operating
 system
 Bidder  Alert:  All  applicants  must  certify  on  their  FCC  Form  175  applications  under  penalty  of  perjury  that  they  are  legally,  technically,  financially  and  otherwise  qualified  to  hold  a  license,  and  not  in  default  on  any  payment
 for  Commission  licenses  (including  down  payments)  or  delinquent  on  any  non-  tax  debt  owed  to  any  Federal  agency.  Prospective  bidders  are  reminded  that  submission  of  a  false  certification  to  the  Commission  is  a  serious
 matter  that  may  result  in  severe  penalties,  including  monetary  forfeitures,  license  revocations,  exclusion  from  participation  in  future  auctions,  and/  or  criminal  prosecution.
 Information  about  deceptive  telemarketing  investment  schemes  is  available  from  the  FTC  at  (202)  326-  2222  and  from  the  SEC  at  (202)  942-  7040.  Complaints  about  specific  deceptive  telemarketing  investment  schemes  should
 be  directed  to  the  FTC,  the  SEC,  or  the  National  Fraud  Information  Center  at  (800)  876-  7060.  Consumers  who  have  concerns  about  specific  proposals  may  also  call  the  FCC  Consumer  Center  at  (888)  CALL-  FCC  ((  888)  225-
 5322).
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 CONTACT  INFORMATION
 For  questions  about  payment  or  instructions  for  wiring  upfront  payments,  contact  Gail  Glasser,  Auctions  Accounting  Group  at  (202)  418-  0578  or  Tim  Dates,  Auctions  Accounting  Group,  at  (202)  418-  0496.
 For  specific  questions  about  an  applicants  incomplete  status,  the  applicant  should  contact  the  staff  reviewer  identified  in  the  correspondence  sent  to  the  applicant  by  overnight  mail.
 For  technical  assistance  with  using  the  FCC  Automated  Auction  System,  contact  the  FCC  Technical  Support  Hotline  at  (202)  414-  1250  (V)  or  (202)  414-  1255  (TTY).  The  FCC  Technical  Support  Hotline  is  generally
 available  Monday  through  Friday  from  8:  00  a.  m.  to  6:  00  p.  m.  ET.  All  calls  to  the  FCC  Technical  Support  Hotline  are  recorded.
 For  additional  information,  contact:  Audio  Division:  Lisa  Scanlan  at  (202)  418-  2700;  Auctions  and  Industry  Analysis  Division:  Kenneth  Burnley,  Auctions  Legal  Branch  (regarding  legal  questions)  at  (202)  418-  0660;  Roy
 Knowles,  Analyst,  Auctions  Operations  (regarding  bidding  and  auction  structure)  at  (717)  338-  2888;  or  Linda  Sanderson,  Auctions  Operations  (regarding  bidding  and  general  filing  status)  at  (717)  338-  2888.
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