1. At the request of Viacom Stations Group of OKC LLC (“petitioner"),' licensee of station KAUT-TV, Oklahoma City, Oklahoma, the Commission has before it the Further Notice of Proposed Rule Making, 18 FCC Rcd 14460 (2003), which proposed technical changes in the proposed operation of DTV channel 40 at Oklahoma City. Petitioner filed comments. No other comments were received.

2. Initially, the Commission issued the Notice of Proposed Rule Making, 15 FCC Rcd 9524 (2000), at the request of Paramount proposing the substitution of DTV channel 40 for station KAUT-TV assigned DTV channel 42. In response to the Notice, petitioner filed comments requesting a revision to the Notice to reflect its request to maximize KAUT-DT's facilities, an increase in ERP to 1000 kW.

3. In response to petitioner's amended proposal, the Commission issued the Further Notice seeking comments regarding petitioner's request to maximize its digital facilities. Petitioner filed comments reaffirming its intention to apply for DTV channel 40, if allotted.

4. We believe the public interest would be served by allotting DTV channel 40, since it will eliminate potential co-channel interference within the service area of KAUT-DT and KTFODT, Tulsa, Oklahoma. DTV channel 40 can be allotted to Oklahoma City, Oklahoma, as proposed, in compliance with the principle community coverage requirement of Section 73.625(a) at coordinates 35-35-52 N. and 97-29-22W. In addition, we find that this channel is acceptable under the 2 percent criterion for de minimis impact that is applied in evaluating requests for modification of initial DTV allotments under Section 73.623(c)(2) for Station KAUT-DT with the following specifications:

Initially, Paramount Stations Group of Oklahoma City LLC, licensee of station KAUT-TV, filed the petition for rule making requesting the substitution of DTV channels for station KAUT-DT. However, pursuant to notification filed with the Commission on January 1, 2003, Viacom Stations Group of OKC LLC is currently the name of the licensee of station KAUT-TV.

5. Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303(g) and (r) and 307(b) of the Communications Act of 1934, as amended, and Sections 0.61, 0.204(b) and 0.283 of the Commission's Rules, IT IS ORDERED, That effective August 22, 2005, the DTV Table of Allotments, Section 73.622(b) of the Commission's Rules, IS AMENDED., with respect to the community listed below, to read as follows:

6. IT IS FURTHER ORDERED, That within 45 days of the effective date of this Order, Viacom shall submit to the Commission a minor change application for a construction permit (FCC Form 301) specifying DTV Channel 40 in lieu of DTV Channel 42 for station KAUT-DT.

7. The Commission will send a copy of this Report and Order in a report to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. Section 801(a)(1)(A).

8. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.

9. For further information concerning this proceeding, contact Pam Blumenthal, Media Bureau, (202) 418-1600.

FEDERAL COMMUNICATIONS COMMISSION

Barbara A. Kreisman

Chief, Video Division
Media Bureau

FC

FEDERAL

USA

COMMISSION

Status of FCC Form 175 Applications to Participate in Auction No. 61

Report No. AUC-05-61-D (Auction No. 61)

The Federal Communications Commission ("Commission") has received seven short-form applications (FCC Form 175) to participate in the upcoming auction of 10 Automated Maritime Telecommunications System ("AMTS") licenses (Auction No. 61) scheduled to begin on Wednesday, August 3, 2005. The applications have been reviewed for completeness and compliance with the Commission's rules, and have been classified into the categories listed below.

Application Categories:

ACCEPTED FOR FILING....

INCOMPLETE...................

........

5 applications
2 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. Eastern Time (ET) on July 8, 2005. With respect to the FCC Form 175 application, these applicants need take no further action except as may be necessary to maintain the accuracy of their applications. Attachment A also indicates the licenses selected by each such 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, July 8, 2005; and (2) resubmit their applications by 6:00 p.m. ET on Friday, July 8, 2005, having corrected the deficiencies indicated. Applicants also must maintain the accuracy of their FCC Form 175 applications as required by the Commission's rules."

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See 47 C.F.R. § 1.65. See also "Auction of Automated Maritime Telecommunications System Licenses Scheduled for August 3, 2005, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures for Auction No. 61," Public Notice, DA 05-1047 at 5 (April 21, 2005) (“Auction No. 61 Procedures Public Notice").

See 47 C.F.R. §§ 1.65 (an applicant shall maintain the accuracy and completeness of information furnished

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, July 8, 2005. 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. 61 are due in the proper account at Mellon Bank, Pittsburgh, Pennsylvania, no later than 6:00 p.m. ET on Friday, July 8, 2005. In order to meet the Commission's upfront payment deadline, an applicant's payment must be credited to the Commission's account by the deadline. Payments must be made by wire transfer in accordance with the instructions provided in the Auction No. 61 Procedures Public Notice. No other payment method is acceptable for this auction. Applicants are reminded to provide their FCC Registration Number ("FRN") on the FCC Form 159. Applicants must fax a completed FCC Form 159 (revised February 2003) 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 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 and wire transfer instructions from the payor of record, any upfront payment made prior to dismissal will be refunded in a timely manner upon request.

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 transfer times and bank closing schedules) with their financial institution 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. 61 Procedures Public Notice under Section II.F and Section III.D.

Note: Applicants are reminded to submit the same FRN with all future payments.

OTHER IMPORTANT INFORMATION

Qualified Bidders: Approximately two weeks 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 (Qualified Bidders Public

in its pending application and notify the Commission within 30 days of any substantial change that may be of decisional significance to that application), 1.2105(c)(6) (any applicant that makes or receives a prohibited communication shall report such communication in writing to the Commission no later than five business days after the communication occurs).

See Letter from Margaret W. Wiener, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, to Patrick Shannon, Esq., Counsel for Lynch 3G Communications Corporation, 18 FCC Rcd 11552 (WTB-AIAD 2003).

See Auction No. 61 Procedures Public Notice at 21-22.

Auction No. 61 Procedures Public Notice at 18-19, 21-24.

Notice). The same public notice will also include instructions for participating in the mock auction and bidding schedules for both 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 marketplace factors that may have a bearing on the value of the licenses being offered 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. 61 in order to determine the existence of pending proceedings that might affect their decisions regarding participation in the auction. Participants in Auction No. 61 are strongly encouraged to continue such research during the auction. For further details regarding due diligence, please refer to the Auction No. 61 Procedures Public Notice under Section I.B.5.

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Prohibition of Collusion: Applicants are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii).' For Auction No. 61, this prohibition became effective at the short-form application filing deadline on Thursday, June 9, 2005, and will end on the post-auction down payment deadline, which will be announced in a future public notice. This prohibition applies to all applicants regardless of whether such applicants become qualified bidders or actually bid.' For purposes of this prohibition, Section 1.2105(c)(7)(i) defines applicant as including all controlling interests in the entity submitting a short-form application to participate in the auction, as well as all holders of partnership and other ownership interests and any stock interest amounting to 10 percent or more of the entity, or outstanding stock, or outstanding voting stock of the entity submitting a short-form application, and all officers and directors of that entity." If parties had agreed in principle on all material terms of a bidding agreement(s), those parties must have been 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.

Bidders competing for licenses for any of the same designated markets must not communicate indirectly about bids or bidding strategy." Accordingly, such bidders are encouraged not to use the same individual as an authorized bidder. A violation of the anti-collusion rule could occur if an individual acts as the authorized bidder for two or more competing applicants, and conveys information concerning the

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47 C.F.R. §§ 1.2105(a)(2)(viii) 1.2105(c)(1). See also Amendment of Part 1 of the Commission's Rules Competitive Bidding Procedures, Seventh Report and Order, 16 FCC Rcd 17546 (2001) (Part 1 Seventh Report and Order); Amendment of Part I of the Commission's Rules Competitive Bidding Procedures, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293, 15297-98 ¶¶ 7-8 (2000).

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See, e.g., Letter to Robert Pettit, Esquire, from Margaret W. Wiener, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, 16 FCC Rcd 10080 (WTBAIAD 2000) (declining to except an applicant's controlling interest from coverage by the anti-collusion rule, even though the applicant never made an upfront payment for the auction and was not listed as a qualified bidder); Northeast Communications of Wisconsin, LLC, Forfeiture Order, 19 FCC Rcd 18635 (Enf. Bur. 2004) (imposing forfeiture in the amount of $100,000 for violation of the anti-collusion rule, even though the applicant never made an upfront payment for the auction and was not listed as a qualified bidder).

See Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules, Public Notice, 11 FCC Rcd 9645 (WTB 1995).