FEDERAL COMMUNICATIONS COMMISSION 445 TWELFTH STREET, S.W., TW-A325 WASHINGTON, D.C. 20554 News Media Information: (202) 418-0500 TTY: 1-888-835-5322 DA 06-1256 Released: June 22, 2006 FCC ANNOUNCES IT IS PREPARED TO GRANT LPTV CONSTRUCTION PERMITS AFTER FINAL PAYMENTS ARE MADE Balance of Winning Bids Due by July 7, 2006 Auction No. 81 By this Public Notice, the Media Bureau, under delegated authority, announces that it is prepared to grant the construction permit applications listed in Attachment A of this Public Notice following the full and timely payment of the remaining balance of the applicants' winning bids. Therefore, in accordance with the procedures adopted in the Broadcast First Report and Order,' a lump sum final payment from the Auction No. 81 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by July 7, 2006). 2 Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline.3 Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by July 21, 2006), provided that it also pays a late fee equal to five percent of the amount due.* If any of the winning bidders listed in Attachment A fails to pay the balance of its winning bid by the late payment deadline of July 21, 2006, it will be considered in default and subject to the Implementation of 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Services, 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”). 2 See 47 C.F.R. § § 73.5003(c); 1.2109(a). 3 See Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, WT Docket No. 97-82, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997) (amending the Commission's Part 1 competitive bidding rules); see also 47 C.F.R. § 1.2109(a) (as amended). applicable default payment and procedural provisions specified in the Commission rules. The applicant will be assessed a default payment as proscribed by Commission rules." By public notice, the Media Bureau will announce the grant of the construction permits if the Commission has received the timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction No. 81 will be dismissed following grant of the winning bidders' construction permits. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer." No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank before 6:00 p.m. Eastern Time, on July 7, 2006 (or before 6:00 p.m. Eastern Time, July 21, 2006, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated and for the transmission to be completed prior to the deadline. To submit funds by wire, applicants will need the following information to properly effect the transmittal: ABA ROUTING NUMBER: 043000261 500 Ross Street Pittsburgh, PA 15262 BNF: FCC Account Number 911-6106 OBI Field: (Skip one space between each information item) "AUCTIONPAY" PAYMENT TYPE CODE: (enter "A81D") PAYOR NAME: (same as FCC Form 159, Block 2) LOCKBOX NO.: 358850 Payments must be accompanied by a completed FCC Remittance Advice Form (FCC Form 159). A partially completed FCC Form 159 will be sent to the applicant. On the same business day that the applicant pays the balance due to Mellon Bank, the applicant must submit a completed FCC Form 159 via facsimile at (412) 209-6045, but at least one hour prior to placing the order for the wire transfer. On the FCC Form 159, applicants must use the same FCC Registration Number (FRN) used on their short-form application (FCC Form 175). 5 See e.g. 47 C.F.R. §§ 1.2104(g), 1.2107(b), 1.2109, 73.5003(c); see also Broadcast First Report and Order, 13 FCC Rcd at 15960 ¶ 160; Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (WTB 1996). 159 and refunds, contact Gail Glasser, Office of the Managing Director, Financial Operations Center, Auctions Accounting Group, at (202) 418-0578. For questions regarding legal matters and licensing issues, contact Shaun Maher, Media Bureau, Video Division at (202) 418-2324. Attachment A: This Public Notice contains the following attachment: Auction No. 81 Applications Ready for Grant -FCC 1. The Commission, by the Chief, Media Bureau, acting pursuant to delegated authority, has before it for consideration an application to assign the license of WVTM-TV, Channel 13 (NBC), Birmingham, Alabama from NBC WVTM License Company to Media General Communications, Inc. (Media General). Grant of the assignment would create a non-permissible television duopoly in the Birmingham market where Media General already owns WIAT(TV), Channel 42 (CBS). Media General has requested a six-month waiver to come into compliance with the multiple ownership rules in that market. The application is unopposed. For the reasons stated below, we grant the requested waiver and the application. 2. The Multiple Ownership Waiver. Under our multiple ownership rules, an entity may own two television stations in the same Designated Market Area (DMA)' only if (1) the Grade B contours of the two stations do not overlap or (2) at the time the application is filed, at least one of the stations is not ranked among the top four stations in the DMA and at least eight independently owned and operating, full-power television stations would remain in the DMA post-merger.2 Our rules rely on DMAs, as determined by Nielsen Media Research. 247 C.F.R. § 73.3555(b) (2002). In the 2002 Biennial Regulatory Review, 18 FCC Rcd 13620 (2003), the Commission adopted new rules governing television local multiple ownership limitations. Several aspects of the new rules are currently stayed pursuant to Prometheus Radio Project v. FCC, 373 F.3d 372 (3rd Cir. 2004). Both sets of rules, however, contain the top-four limitation, which was also upheld in Prometheus Radio. |