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 PUBLIC  NOTICE  FEDERAL  COMMUNICATIONS  COMMISSION  News  Media  Information:  (202)  418-  0500  445  12th  STREET,  S.  W.  Fax-  On-  Demand:  (202)  418-  2830  WASHINGTON,  D.  C.  20554  Internet:  http://  www.  fcc.  gov  ftp.  fcc.  gov 
 DA  03-  2098  June  27,  2003 
 CLOSED  BROADCAST  AUCTION  NO.  54  CONSTRUCTION  PERMITS  FOR  NEW  BROADCAST 
 STATIONS 
 Status  of  FCC  Form  175  Applications  to  Participate  in  the  Auction 
 Report  No.  AUC-  03-  54-  C  (Auction  No.  54) 
 The  Federal  Communications  Commission  (  Commission)  has  received  eleven  FCC  Form  175  applications  to  participate  in  Auction  No.  54  scheduled  to  begin  on  Wednesday,  July  23,  2003,  for  one 
 new  full  power  television  (TV),  two  low  power  television  (LPTV),  and  four  FM  broadcast  stations.  The  applications  have  been  reviewed  for  completeness  and  compliance  with  the  Commissions  rules,  and  have 
 been  classified  into  the  categories  listed  below. 
 Application  Categories: 
 ACCEPTED  FOR  FILING..............................................  5  Applications 
 INCOMPLETE..................................................................  3  Applications 
 REJECTED  3  Applications 
 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 
 Thursday,  July  3,  2003.  1  With  respect  to  the  FCC  Form  175  applications,  these  applicants  need  take  no  further  action  except  as  may  be  necessary  to  maintain  the  accuracy  of  their  applications.  2  Attachment  A 
 also  includes  FCC  account  numbers  that  were  automatically  created  by  the  FCC  software  system  for  each  applicant  and  indicates  the  construction  permit(  s)  selected  by  each  applicant  on  its  FCC  Form  175  filing. 


 1  See  47  C.  F.  R.    1.2106. 
 2  See  47  C.  F.  R.    1.  65.  See  also  Closed  Broadcast  Auction  No.  54  Construction  Permits  for  New  Broadcast 
 Stations  Scheduled  for  July  23,  2003,  Notice  and  Filing  Requirements,  Minimum  Opening  Bids,  Upfront  Payments  and  Other  Auction  Procedures,  Public  Notice,  DA  03-  1547,  at  15-  17  (rel.  May  12,  2003)  (  Auction  No.  54 


 Procedures  Public  Notice). 
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 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  Thursday,  July  3,  2003;  and  (2)  resubmit  their  applications  by  6:  00  p.  m.  ET  on  Thursday,  July  3,  2003,  to  correct  the  deficiencies  indicated.  Applicants  also  must  maintain  the  accuracy  of  their 
 FCC  Form  175  applications  as  required  by  the  Commissions  rules.  3  Applicants  are  advised  that  Attachment  B  includes  FCC  account  numbers  that  were  automatically  created  by  the  FCC  software 
 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  Thursday,  July  3,  2003.  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. 
 Rejected:  Applications  classified  as  rejected  are  listed  alphabetically  in  Attachment  C.  Applicants  whose  applications  have  been  classified  as  rejected  are  disqualified  from  participation  in  Auction  No.  54. 
 Certain  MX  Groups  will  be  removed  from  Auction  No.  54  because  only  one  completed  and  timely  submitted  FCC  Form  175  was  filed  or  accepted  for  those  MX  Groups.  In  these  cases,  the  underlying 
 long-  form  applications  associated  with  these  FCC  Form  175  applications  will  be  the  subject  of  an  applicant  qualifications  review  or  other  appropriate  Commission  action  by  the  Media  Bureau  at  a  later 
 date. 
 In  addition  to  Attachments  A,  B,  and  C,  this  Public  Notice  includes  the  following  attachment: 
 Attachment  D:  MX  Groups  Removed  from  the  Auction 
 UPFRONT  PAYMENT  DEADLINE 
 Upfront  payments  and  accompanying  FCC  Remittance  Advice  (FCC  Form  159)  for  Auction  No.  54  are  due  in  the  proper  account  at  Mellon  Bank,  Pittsburgh,  Pennsylvania,  no  later  than  6:  00  p.  m.  ET  on 
 Thursday,  July  3,  2003.  In  order  to  meet  the  Commissions  upfront  payment  deadline,  an  applicants  payment  must  be  credited  to  the  Commissions  account  by  the  deadline.  4  Payments 
 must  be  made  by  wire  transfer  in  accordance  with  the  instructions  provided  in  the  Auction  No.  54  Procedures  PN.  5  No  other  payment  method  is  acceptable  for  this  auction.  Applicants  are  reminded  to 
 use  their  FCC  Registration  Number  (  FRN)  and  Taxpayer  Identification  Number  (  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  submitted 
 3  See  47  C.  F.  R.    1.65 
 4  Letter  from  Margaret  W.  Wiener,  Chief,  Auctions  and  Industry  Analysis  Division,  Wireless  Telecommunications 
 Bureau,  to  Patrick  Shannon,  Esq.,  Counsel  for  Lynch  3G  Communications  Corporation,  DA  03-  1944,  dated  June  13,  2003. 


 5  See  Auction  No.  54  Procedures  Public  Notice  at  18. 
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 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. 
 Applicants  are  responsible  for  obtaining  confirmation  from  their  financial  institution  that  Mellon  Bank  has  timely  received  their  upfront  payment  and  deposited  it  in  the  proper  account.  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.  54  Procedures  Public  Notice  under  Section  II.  E  and  Section  III.  D.  6 
 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  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.  54  in  order  to  determine  the  existence  of  pending  proceedings  that  might  affect  their  decisions  regarding  participation  in  the  auction.  Participants  in  Auction  No.  54  are  strongly  encouraged 
 to  continue  such  research  during  the  auction.  For  further  details  regarding  due  diligence,  please  refer  to  the  Auction  No.  54  Procedures  Public  Notice  under  Section  I.  B.  3. 


 Prohibition  of  Collusion:  Bidders  are  reminded  that  Sections  1.2105(  c)  and  73.5002  of  the  Commissions  rules  prohibits  applicants  for  the  same  market  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.  54,  this 
 prohibition  became  effective  at  the  short-  form  application  filing  deadline  on  Friday,  June  20,  2003,  and  will  end  on  the  down  payment  deadline  after  the  auction,  which  will  be  announced  in  a  future  public 
 notice.  7  Bidders  competing  for  construction  permits  in  the  same  market  are  encouraged  not  to  use  the  same  individual  as  an  authorized  bidder.  If  parties  agree  in  principle  on  all  material  terms  prior  to  the 
 short-  form  filing  deadline,  those  parties  must  be  identified  on  the  short-  form  application  pursuant  to  Section  1.2105(  c),  even  if  the  agreement  has  not  been  reduced  to  writing.  If  the  parties  have  not  agreed  in 
 principle  by  the  filing  deadline,  an  applicant  would  not  include  the  names  of  those  parties  on  its  application,  and  may  not  continue  negotiations  with  other  applicants  for  the  same  market.  8 


 6  Id.  at  15,  17-  20. 
 7  See  47  C.  F.  R.    1.2105(  c)(  1). 
 8  See  Wireless  Telecommunications  Bureau  Clarifies  Spectrum  Auction  Anti-  Collusion  Rules,  Public  Notice, 
 DA  95-  2244,  11  FCC  Rcd  9645  (1995)  (rel.  October  26,  1995). 
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 For  additional  information,  contact:  Auctions  and  Industry  Analysis  Division:  Kenneth  Burnley,  Auctions  Legal  Branch  (regarding  legal  questions);  Lyle  Ishida,  Analyst,  Auctions  Operations  (regarding 
 bidding  and  auction  structure)  at  (202)  418-  0660;  or  Linda  Sanderson,  Auctions  Operations  (regarding  bidding  and  general  filing  status)  at  (717)  338-  2888;  Video  Division:  Shaun  Maher  at  (202)  418-  1600; 
 Audio  Division:  Lisa  Scanlan  at  (202)  418-  2700. 


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