Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

Final Withdrawal Payment Letter for Sheila Callahan

Download Options

Released: June 19, 2012
Federal Communications Commission
Washington, D.C. 20554
June 19, 2012
DA 12-964

Via Certified Mail, Return Receipt Requested

Sheila Callahan and Friends, Inc.
Attn: M. Sheila Callahan-Murphy
725 Strand
Missoula, MT 59801

Re:

Final Bid Withdrawal Payment on Auction 62 Construction Permit FM185-A
(Whitehall, MT)

DO NOT DISCARD THIS IMPORTANT NOTICE

OF A DEMAND FOR PAYMENT

OF A DEBT OWED THE UNITED STATES AND ORDER OF PAYMENT

Dear Ms. Callahan-Murphy:
This Order provides notice and demands payment of a debt owed to the United States based on
Sheila Callahan and Friends, Inc.’s (“Callahan and Friends”) withdrawal of a provisionally winning bid
placed during the course of Auction 62.
Callahan and Friends withdrew a provisionally winning bid during Auction 62 for FM Broadcast
construction permit FM185-A (Whitehall, MT).1 Thus, pursuant to the Commission’s rules,2 Callahan
and Friends owes a bid withdrawal payment, which is a debt owed to the United States.3 In 2006, the
Commission assessed Callahan and Friends an interim bid withdrawal payment of $1,560.00 from the
monies it had on deposit.4 FM Broadcast permit FM185-A (Whitehall, MT) was offered in a subsequent
auction of FM broadcast construction permits (Auction 91), and because it received a winning bid,5 the
Commission is now able to calculate Callahan and Friends’ final bid withdrawal payment obligation
with respect to its withdrawn bid in Auction 62.6


1 See Auction of FM Broadcast Construction Permits Closes; Winning Bidders Announced for Auction No. 62,
Public Notice, 21 FCC Rcd 1071, 1099 (WTB 2006) (“Auction 62 Closing PN”).
2 See 47 C.F.R. § 1.2104(g)(1).
3 See 31 U.S.C. § 3701(b)(1).
4 See Auction 62 Closing PN, 21 FCC Rcd at 1097, 1099. Callahan and Friends paid an upfront payment of
$210,000.00 to participate in Auction 62. See id. at 1097. The Commission applied $1,560.00 of that amount
towards Callahan and Friends’ interim bid withdrawal payment for construction permit FM185-A. See id. The
Commission applied the remaining funds from the upfront payment towards Callahan and Friends’ balance for its
other winning bids. See id.
5 See Auction of FM Broadcast Construction Permits Closes; Winning Bidders Announced for Auction 91, Public
Notice
, 26 FCC Rcd 7541, 7551 (WTB 2011).
6 See 47 C.F.R. § 1.2104(g)(1).

Sheila Callahan and Friends, Inc.
DA 12-964
June 19, 2012
Page 2

Under the Commission’s rules, a bidder that withdraws a provisionally winning bid during the
course of an auction is subject to a bid withdrawal payment equal to the difference between the amount
of the withdrawn bid and the amount of the subsequent winning bid.7 Pursuant to the rule in effect at the
time of Auction 62, if a provisionally winning bid is withdrawn on a license or construction permit that
remains unsold at the close of the auction, the withdrawing bidder is required to make an interim
payment equal to three percent (3%) of the net amount of the withdrawn bid.8 This payment amount is
deducted from any upfront payments or down payments deposited for the withdrawing bidder’s account
with the Commission.9 If, in a subsequent auction, that license or construction permit receives a winning
bid in an amount equal to or greater than the withdrawn bid amount, then no final bid withdrawal
payment is assessed, and, upon appropriate request, the Commission refunds the interim three percent
(3%) payment.10 If, in a subsequent auction, the winning bid for that license or construction permit is
less than the bidder’s withdrawn amount, then the bidder is required to make a final bid withdrawal
payment equal to either the difference between the bidder’s net withdrawn bid and the subsequent net
winning bid, or the difference between the bidder’s gross withdrawn bid and the subsequent gross
winning bid, whichever is less.11
As shown in Attachment A, in accordance with section 1.2104(g)(1) of the Commission’s
rules,12 we have completed the final bid withdrawal payment calculation and, after applying any interim
bid withdrawal payment or monies Callahan and Friends has on deposit, Callahan and Friends owes an
outstanding balance of $47,340.00. This debt to the United States is payable in full and without further
demand within 30 days of the date of this Order in accordance with the Notice Information provided
below and Payment Instructions in Attachment B.

Important Notice Information

The following provides notification of procedures and information required by the Debt
Collection Improvement Act of 1996 (“DCIA”).13 The outstanding balance shown in Attachment A is a
debt Callahan and Friends owes to the United States. It is payable in full and without further demand,
and payment must be received no later than the payment due date, which is 30 days from the date of this
Order (“Due Date”).14 Any portion of the debt unpaid at the end of the Due Date will be considered
delinquent and administrative charges (incurred for processing and handling delinquent debts),15
interest,16 and penalties17 will accrue beginning from that date. Interest accrues at a minimum annual


7 Id.
8 See 47 C.F.R. § 1.2104(g)(1) (2006).
9 See 47 C.F.R. §§ 1.2104(g)(1), 1.2106(d) and (e).
10 See 47 C.F.R. § 1.2104(g)(1).
11 Id.
12 Id.
13 Public Law 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996) codified in relevant part at 31 U.S.C. §§ 3716
(administrative offset) and 3717 (interest and penalty on claims); see also 47 C.F.R. §§ 1.1911, 1.1912, and 1.1940.
14 As noted at Attachment B, if the 30th day falls on a non-business day, payment must be received on the next
business day.
15 31 U.S.C § 3717(e)(1); 47 C.F.R. § 1.1940(c).
16 31 U.S.C. § 3717(b); 47 C.F.R. § 1.1940(b).

Sheila Callahan and Friends, Inc.

DA 12-964
June 19, 2012
Page 3
rate established annually by the United States Treasury in accordance with 31 U.S.C. § 3717.18
However, the Commission will waive payment of the accrued interest, if the full amount of the debt is
paid within 30 days of the Due Date.19 A penalty of six percent (6%) accrues on any portion of the debt
that remains unpaid for more than 90 days from the Due Date.20 In addition to these charges, the
Commission may initiate administrative offset21 and it may refer the delinquent debt to the United States
Treasury or the Department of Justice (“DOJ”) for further collection action.22 The United States
Treasury will impose an additional administrative collection charge,23 and it may also commence
administrative offset.24 An additional surcharge may be imposed if DOJ initiates judicial action to
recover judgment.25 Furthermore, any portion of the debt that is unpaid after the Due Date is a
delinquent debt, which will trigger application of the Commission’s red light procedures at 47 C.F.R. §
1.1910.

Ordering Clauses

Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act
of 1934 as amended, 47 U.S.C. §§ 154(i), 309, and section 1.2104(g)(1) of the Commission’s rules, 47
C.F.R. § 1.2104(g)(1), Sheila Callahan and Friends, Inc. is ASSESSED a final bid withdrawal payment as
computed in Attachment A.
IT IS FURTHER ORDERED that, pursuant to sections 1.2104 and 1.2106 of the Commission’s
rules, 47 C.F.R. §§ 1.2104 and 1.2106, Sheila Callahan and Friends, Inc.’s interim bid withdrawal
payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment.
IT IS FURTHER ORDERED that Sheila Callahan and Friends, Inc.’s debt of $47,340.00 is
payable in full and without further demand, and it must be paid within 30 days of the date of this Order
(the Due Date), in accordance with the payment instructions in Attachment B, and any portion of the
debt unpaid after the Due Date is delinquent, and under 31 U.S.C. § 3717, administrative charges,
interest, and penalties will accrue.





17 31 U.S.C. § 3717(e); 47 C.F.R. § 1.1940(d).
18 47 C.F.R. § 1.1940(b).
19 31 U.S.C. § 3717(d); 47 C.F.R. § 1.1940(g).
20 31 U.S.C. § 3717(e)(2); 47 C.F.R. § 1.1940(d).
21 47 C.F.R. § 1.1912. Under this provision, the Commission may refer the debt to the United States Treasury for
centralized administrative offset whereby, subject to certain exceptions, money otherwise payable to the debtor by
the United States government may be used to satisfy the debt. In addition, “unless otherwise prohibited by law,”
the Commission may conduct non-centralized, ad hoc case-by-case offsets when centralized offset is unavailable or
inappropriate. 47 C.F.R. § 1.1912(c).
22 31 U.S.C. §§ 3711(g); 3716; 28 U.S.C. § 3001, et seq.; 47 C.F.R. § 1.1912. Transfer may be made without
further notice at any time after the Due Date.
23 31 U.S.C. § 3717(e); 31 C.F.R. § 285.12(j).
24 31 U.S.C. § 3716; 47 C.F.R. § 1.1912(b) (mandatory centralized administrative offset).
25 28 U.S.C. § 3011.

Sheila Callahan and Friends, Inc.
DA 12-964
June 19, 2012
Page 4
IT IS FURTHER ORDERED that this Order and a FCC Remittance Advice Form (FCC Form
159, Version 2/03) shall be sent to Sheila Callahan and Friends, Inc. and its representatives by certified
mail, return receipt requested. This action is taken pursuant to authority delegated by section 0.331 of the
Commission’s rules, 47 C.F.R. § 0.331.
Sincerely,
Margaret W. Wiener
Chief, Auctions and Spectrum Access Division
Wireless Telecommunications Bureau
Attachments

Sheila Callahan and Friends, Inc.

DA 12-964
June 19, 2012
Page 5

ATTACHMENT A

Multi-Auction Bid Withdrawal Payment Report

Construction

Withdrawn

Withdrawn

Re-auction

Re-auction

Difference

Final

Permit

Gross Bid

Net Bid

Gross Bid

Net Bid

Between

Withdrawal

Number

Auction 62

Auction 62

Auction 91

Auction 91

Withdrawn Bid

Payment

Frequency

Amount and

Block

Final Bid

Amount in

Subsequent

Auction

FM185-A
$52,000.00
$52,000.00
$3,100.00
$2,015.00
$48,900.00
$48,900.00
Final Bid Withdrawal Payment
$48,900.00
Less Total of Interim Withdrawal
Payment and Amounts on Deposit
$1,560.00

Outstanding Balance Due on
Final Withdrawal Payment

$47,340.00

Sheila Callahan and Friends, Inc.
DA 12-964
June 19, 2012
Page 6

ATTACHMENT B

Payment Instructions

The following information is being provided to assist you in making your payment.
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 6:00 PM Eastern Time, no later than thirty days from the date of this ORDER; however, if the 30th
day falls on a non-business day, e.g., Saturday, Sunday or holiday, it is due the next business day.
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: 021030004
Receiving Bank:

TREAS NYC

33 Liberty Street
New York, NY 10045
ACCOUNT NAME:

FCC

ACCOUNT NUMBER: 27000001
OBI Field: (Skip one space between each information item) “AUCTIONPAY”
APPLICANT FRN: (same as FCC Form 159, block 21)
PAYMENT TYPE CODE: (same as FCC Form 159, block 24A: “

AWLD

”)
FCC CODE 1: (same as FCC Form 159, Block 28A: (“62”)
PAYOR NAME: (same as FCC Form 159, Block 2)
LOCKBOX NO.: #979088
Please fax a completed remittance advice (Form 159) to U.S. Bank, St. Louis, Missouri at (314) 418-
4232 at least one hour before initiating the wire transfer (but on the same business day).
For questions regarding the submission of payment, and the FCC Form 159, contact Gail Glasser, Office
of the Managing Director, Financial Operations, Auctions Accounting Group, at (202) 418-0578.

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.