Author: fcc
Last saved by: Bob Allen
Company: FCC - AUCTIONS

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
 ________________________________________________

										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, participation in the auction is limited to those applicants identified in Attachment A of this Public Notice (“Qualified Bidders”). 

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.

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

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.

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.

	Auction No. 27 shall be conducted utilizing the minimum opening bid and upfront payment amounts previously set for Pahrump, Nevada in Auction No. 25. Competitive bidding  procedures and substantive rules adopted for Auction No. 25 shall be generally applicable for Auction No. 27, 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 and the initial schedule of competitive bidding rounds shall vary from that employed in Auction No. 25 and is set forth below: 

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”).

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.

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.

Further, there will be no mock auction to be conducted for Auction No. 27.

Initial Bidding Schedule

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.