FCC Web Documents citing 1.2103

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-123A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-123A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-123A1.txt
  • FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary APPENDIX A Proposed Rules PART 1 - PRACTICE AND PROCEDURE Part 1 of Title 47 of the Code of Federal Regulations is revised to read as follows: The authority citation for Part 1 continues to read as follows: Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309 and 325(e). 2. Amend § 1.2103 to add new paragraphs (b)(1) and (b)(2) to read as follows: § 1.2103 Competitive bidding design options. * * * * * (b) * * * (1) Apportioned package bid. The apportioned package bid on a license is an estimate of the price of an individual license included in a package of licenses in an auction with combinatorial (package) bidding.
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  • the obligation to lease its spectrum through a ``private commons'' model). . See, e.g., M2Z Application at 11; Commnet Application, Exhibit 2 at 1; NextWave Application at 1; NetfreeUS Application at 10-11. infra in which we propose to use our Part 1 Competitive Bidding rules for any auction of initial licenses in the 2155-2175 MHz band. See 47 C.F.R. § 1.2103 47 C.F.R. § 1.2103(a)(3). See Closed Auction of Licenses for Cellular Unserved Service Areas Scheduled for February 12, 2003; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Auction Procedures, Public Notice, 17 FCC Rcd 22894 (2002). 47 C.F.R. § 1.2103(a)(4). See700 MHz Second Report and Order at ¶¶ 287-292; Auction of 700 MHz Band Licenses Scheduled for
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-230A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-230A1.pdf
  • context of the D Block would include a finding that the winning bidder has been unable to negotiate a Network Sharing Agreement with the PSBL that the Commission will accept, the Commission then ``may . . . offer [the license] to the other highest bidders,'' regardless of whether the winning bidder is liable for a default payment. See 47 C.F.R. §1.2103(b). This will not always be the case. A post-auction disqualification of one winning bidder in an auction of alternative licenses or a package bidding auction may not affect other winning bidders for other licenses. For example, bidders for a group of single licenses might have prevailed against a bid on an alternative nationwide license - or package of single licenses
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1075A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1075A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1075A1.txt
  • conference, http://combin.fcc.gov. See 47 U.S.C. 309(j)(3). See, e.g., Service Rules for the 746-764 and 776-794 MHz Bands, and Revisions to Part 27 of the Commission's Rules, WT Docket No. 99-168, Petition for Expedited Reconsideration of US West Wireless, LLC (Feb. 3, 2000) at 4. Furthermore, the Commission's rules generally provide authority to use a combinatorial auction design. See 47 C.F.R. §1.2103. See 47 C.F.R. §§ 0.131, 0.331. See Auction of Licenses in the 747-762 and 777-792 MHz Bands, Auction Notice and Filing Requirements for 12 Licenses in the 700 MHz Bands, Auction Scheduled for May 10, 2000, Minimum Opening Bids and Other Procedural Issues, Public Notice, 15 FCC Rcd 2921 (rel. Feb. 18, 2000), 65 Fed. Reg. 12251 (Mar. 8, 2000)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1.txt
  • supplemental procedures to the Part 1 competitive bidding rules. We adopt uniform language stating this proposition in all services subject to competitive bidding and modify the following service-specific rules: 21.950; 22.201; 22.228; 22.960; 24.301; 24.701; 25.401; 26.201; 27.201; 27.501(a); 27.701; 73.3572(e)(2), (f); 73.5000(a); 80.1251; 90.801; 90.901; 90.1001; 90.1101; 95.816(a); 100.71; 101.537; 101.1101; 101.1201; and 101.1317. Competitive bidding design options. Section 1.2103 of the Commission's rules outlines the general competitive bidding design options (or the different competitive bidding methodologies) for services or classes of services subject to competitive bidding. These competitive bidding design options include: simultaneous multiple-round auctions (using remote or on-site electronic bidding); sequential multiple-round auctions (using either oral ascending or remote and/or on-site electronic bidding); sequential or simultaneous single-round auctions
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1_Erratum.doc
  • supplemental procedures to the Part 1 competitive bidding rules. We adopt uniform language stating this proposition in all services subject to competitive bidding and modify the following service-specific rules: 21.950; 22.201; 22.228; 22.960; 24.301; 24.701; 25.401; 26.201; 27.201; 27.501(a); 27.701; 73.3572(e)(2), (f); 73.5000(a); 80.1251; 90.801; 90.901; 90.1001; 90.1101; 95.816(a); 100.71; 101.537; 101.1101; 101.1201; and 101.1317. Competitive bidding design options. Section 1.2103 of the Commission's rules outlines the general competitive bidding design options (or the different competitive bidding methodologies) for services or classes of services subject to competitive bidding. These competitive bidding design options include: simultaneous multiple-round auctions (using remote or on-site electronic bidding); sequential multiple-round auctions (using either oral ascending or remote and/or on-site electronic bidding); sequential or simultaneous single-round auctions
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1524A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1524A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1524A1.txt
  • new and innovative technologies are readily accessible to the American people by avoiding excessive concentration in licenses and disseminating licenses among a wide variety of applicants, including small businesses, rural telephone companies, and businesses owned by members of minority groups and women.'' Legal Basis: 47 U.S.C. 309(j). Section Number and Title: 1.2101 Purpose. 1.2102 Eligibility of applications for competitive bidding. 1.2103 Competitive bidding design options. 1.2104 Competitive bidding mechanisms. 1.2105 Bidding application and certification procedures; prohibition of collusion. 1.2106 Submission of upfront payments. 1.2107 Submission of down payment and filing of long-form applications. 1.2108 Procedures for filing petitions to deny against long-form applications. 1.2109 License grant, denial, default, and disqualifications. 1.2110 Designated entities. 1.2111 Assignment or transfer of control: unjust enrichment.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4171A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4171A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4171A1.txt
  • is in compliance with the Commission's rules. 47 C.F.R. § 1.2109(d). 47 C.F.R. § 1.2110(f). Knowing the size of a small business bidding credit on an individual license may be necessary in order to calculate a small business bidding credit unjust enrichment obligation on a license won as part of a package. 47 C.F.R. § 1.2104(g). See 47 C.F.R. § 1.2103(b), as amended by the CSEA/Part 1 Report and Order. CSEA/Part 1 Report and Order, 21 FCC Rcd at 906 ¶ 39. Current price estimates are discussed in Section IV.B.3., above. 700 MHz Auction Public Notice at ¶¶ 85-86. 4G Coalition Comments at 6. 47 C.F.R. § 1.2104(g)(1). The withdrawal payment amount is deducted from any upfront payments or down payments
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1307A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1307A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1307A1.txt
  • amended, authorizing the Commission to employ competitive bidding procedures to resolve mutually exclusive applications for certain initial licenses. Need: These rules are needed to implement the Commission's competitive bidding authority under Section 309(j) of the Communications Act of 1934, as amended. Legal Basis: 47 U.S.C. 154, 303, and 309(j). Section Number and Title: 1.2102 Eligibility of applications for competitive bidding. 1.2103 Competitive bidding design options. 1.2105 Bidding application and certification procedures; prohibition of collusion. 1.2107 Submission of down payment and filing of long-form applications. 1.2111 Assignment or transfer of control; unjust enrichment. PART 2-FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS SUBPART I-MARKETING OF RADIOFREQUENCY DEVICES Brief Description: The rules in part 2, subpart I, define radiofrequency devices and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-403A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-403A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-403A1.txt
  • licensing scheme that results in mutual exclusivity, the Commission seeks to develop a competitive bidding process that is tailored to the specific characteristics of the private radio services, the various purposes for which spectrum in those services is used, and the needs of the various types of entities holding licenses in those services. In the Notice, we stated that Section 1.2103(a) of our rules sets forth the various types of auction designs from which we may choose to award licenses for services or classes of services subject to competitive bidding. We also pointed out that under Section 309(j) the Commission has authority to design and test other auction methodologies. In light of these options, we sought comment generally on the types
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-403A1_Erratum.doc
  • licensing scheme that results in mutual exclusivity, the Commission seeks to develop a competitive bidding process that is tailored to the specific characteristics of the private radio services, the various purposes for which spectrum in those services is used, and the needs of the various types of entities holding licenses in those services. In the Notice, we stated that Section 1.2103(a) of our rules sets forth the various types of auction designs from which we may choose to award licenses for services or classes of services subject to competitive bidding. We also pointed out that under Section 309(j) the Commission has authority to design and test other auction methodologies. In light of these options, we sought comment generally on the types
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  • regional coverage). See U.S. Cellular Comments at 7. See id. at 7, Attachment A at 18-20. See Leap Comments at 15-16. See 47 U.S.C. § 309(j)(3)(E)(i)(obligation to permit notice and comment on proposed auction procedures before issuance of bidding rules). See 47 C.F.R. §§ 0.131(c) (functions of WTB); 0.331 (authority delegated to WTB); 0.332 (actions taken under WTB's delegated authority); 1.2103 (competitive bidding design options, including simultaneous multi-round and combinatorial bidding auctions, among others); 1.2104 (competitive bidding mechanisms). See also Amendment of Part 1 of the Commission's rules-Competitive Bidding Procedures, Order, Memorandum Opinion and Order, and Notice of Proposed Rule Making, 12 FCC Rcd 5686, 5697-98 ¶ 16 (1997). See Notice, 16 FCC Rcd at 7328 ¶ 120. Pursuant to Section
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  • and the other six cover smaller areas (i.e., Alaska, Hawaii, the islands, and the Gulf of Mexico). 47 C.F.R. § 27.6(a)(1). See 47 U.S.C. § 309(j)(3)(E)(i)(obligation to permit notice and comment on proposed auction procedures before issuance of bidding rules). See 47 C.F.R. §§ 0.131(c) (functions of WTB); 0.331 (authority delegated to WTB); 0.332 (actions taken under WTB's delegated authority); 1.2103 (competitive bidding design options, including simultaneous multi-round and combinatorial bidding auctions, among others); 1.2104 (competitive bidding mechanisms). See also Amendment of Part 1 of the Commission's rules-Competitive Bidding Procedures, Order, Memorandum Opinion and Order, and Notice of Proposed Rule Making, 12 FCC Rcd 5686, 5697-98 ¶ 16 (1997). See, e.g., Auction of Regional Narrowband PCS Licenses Scheduled for September 24,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-98A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-98A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-98A1.txt
  • the assignor must file an application for approval of the assignment on FCC Form 603. If the assignee or transferee is subject to the ownership reporting requirements of § 1.2112, the assignee or transferee must also file an updated FCC Form 602 or certify that a current FCC Form 602 is on file. * * * * * Amend § 1.2103 by revising paragraph (a)(4) to read as follows: § 1.2103 Competitive bidding design options. * * * * * * * * (4) Combinatorial (package) bidding auctions. * * * * * 6. Amend § 1.2104 by adding new paragraph (g)(3) to read as follows: § 1.2104 Competitive bidding mechanisms. * * * * * (g) * * * *
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  • FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary APPENDIX A Proposed Rules PART 1 - PRACTICE AND PROCEDURE Part 1 of Title 47 of the Code of Federal Regulations is revised to read as follows: The authority citation for Part 1 continues to read as follows: Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309 and 325(e). 2. Amend § 1.2103 to add new paragraphs (b)(1) and (b)(2) to read as follows: § 1.2103 Competitive bidding design options. * * * * * (b) * * * (1) Apportioned package bid. The apportioned package bid on a license is an estimate of the price of an individual license included in a package of licenses in an auction with combinatorial (package) bidding.
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  • a report it will send to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to sections 4(i), 303(r), and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. sections 154(i), 303(r), and 309(j), this Report and Order is hereby ADOPTED, and sections 1.2103, 1.2104, 73.3571, 73.3573, 73.5003, 73.5006, 74.1233 of the Commission's rules, 47 C.F.R. sections 1.2103, 1.2104, 73.3571, 73.3573, 73.5003, 73.5006, 74.1233, are amended as set forth below in Appendix A, effective 60 days after publication in the Federal Register. IT IS FURTHER ORDERED that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, SHALL SEND a copy of this Report
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  • the obligation to lease its spectrum through a ``private commons'' model). . See, e.g., M2Z Application at 11; Commnet Application, Exhibit 2 at 1; NextWave Application at 1; NetfreeUS Application at 10-11. infra in which we propose to use our Part 1 Competitive Bidding rules for any auction of initial licenses in the 2155-2175 MHz band. See 47 C.F.R. § 1.2103 47 C.F.R. § 1.2103(a)(3). See Closed Auction of Licenses for Cellular Unserved Service Areas Scheduled for February 12, 2003; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Auction Procedures, Public Notice, 17 FCC Rcd 22894 (2002). 47 C.F.R. § 1.2103(a)(4). See700 MHz Second Report and Order at ¶¶ 287-292; Auction of 700 MHz Band Licenses Scheduled for
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  • context of the D Block would include a finding that the winning bidder has been unable to negotiate a Network Sharing Agreement with the PSBL that the Commission will accept, the Commission then ``may . . . offer [the license] to the other highest bidders,'' regardless of whether the winning bidder is liable for a default payment. See 47 C.F.R. §1.2103(b). This will not always be the case. A post-auction disqualification of one winning bidder in an auction of alternative licenses or a package bidding auction may not affect other winning bidders for other licenses. For example, bidders for a group of single licenses might have prevailed against a bid on an alternative nationwide license - or package of single licenses
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-161A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-161A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-161A1.txt
  • 25 FCC Rcd at 14,736, para. 66. AT&T Mobility Fund NPRM Comments at 18-19; T-Mobile Mobility Fund NPRM Comments at 17. Cellular South et al. Mobility Fund NPRM Comments at 22-23; NASUCA Mobility Fund NPRM Comments at 7. Verizon Mobility Fund NPRM Comments at 26-27. Mobility Fund NPRM, 25 FCC Rcd at 14,736, paras. 67-68. Id. See 47 C.F.R. § 1.2103(b). See also, e.g., Auction of 700 MHz Band Licenses Scheduled for January 16, 2008; Comment Sought on Competitive Bidding Procedures For Auction 73, Public Notice, 22 FCC Rcd 15,004, 15,010-14, paras. 17-24 (Wireless Telecom. Bur. 2007); 700 MHz Auction Procedures Public Notice, 22 FCC Rcd at 18,179-81, paras. 138-144. . Mobility Fund NPRM, 25 FCC Rcd at 14,736, para. 69.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-98-26A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-98-26A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-98-26A1.txt
  • auctions or whether we should adopt designated entity provisions on a case-by-case basis, depending on the number of channels available at a given auction. The following chart provides a general comparison, for reference only, of the Part 100 auction rules with the relevant General Auction Rules in Part 1. Auction Rules Comparison Chart Part 1 Part 100 Auction Design § 1.2103 § 100.72 Acct. Mechanism § 1.2104 § 100.73 Bidder Eligibility § 1.2105 § 100.75 Upfront Payments § 1.2106 § 100.76 Winner Licensing § 1.2107, 8, & 9 § 100.78 Anti-Collusion § 1.2105(c) § 100.79 Default § 1.2109 § 100.74, 78 Assign or Transfer § 1.2111 § 100.80 We seek comment on the few differences between the auction rules contained in
• http://transition.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da980572.pdf
  • high bidder on a particular license(s), a high bidder must submit to the Commission's lockbox bank such additional funds (the "down payment") as are necessary to bring its total deposits (not including upfront payments applied to satisfy bid withdrawal or default payments) up to twenty (20) percent of its high bid(s). (In single round sealed bid auctions conducted under Sec. 1.2103, however, bidders may be required to submit their down payments with their bids.) Unless otherwise specified by public notice, this down payment must be made by wire transfer in U.S. dollars from a financial institution whose deposits are insured by the Federal Deposit Insurance Corporation and must be made payable to the Federal Communications Commission. Down payments will be held
• http://wireless.fcc.gov/auctions/00a/releases/fc990239.pdf http://wireless.fcc.gov/auctions/00a/releases/fc990239.txt http://wireless.fcc.gov/auctions/00a/releases/fc990239.wp
  • three years, and 10 percent for businesses with average gross revenues not exceeding $15 million for the preceding three years). See Hughes Comments at 10; In-Sync Comments at 15; Community Teleplay Comments at 15; ITV Comments 356 at 17; IVDS Affiliates at 17. See, e.g., 47 C.F.R. §§ 1.2110 (designated entities), 1.2105 (bidding application and collusion), 1.2106 357 (upfront payments), 1.2103 (competitive bidding design), 1.2104 (competitive bidding mechanisms). 58 competitive bidding rules for all auctionable services, which applied generally to the 218-219 MHz Service, incorporating our experience to date and allowing us to conduct future auctions in a more consistent, efficient, and effective manner. These amended procedures, set forth in Part 1, Subpart Q of the Commission's rules, 352 supersede previously
• http://wireless.fcc.gov/auctions/02/releases/fc980228.pdf http://wireless.fcc.gov/auctions/02/releases/fc980228.txt http://wireless.fcc.gov/auctions/02/releases/fc980228.wp
  • read as follows: § 95.816 Competitive bidding proceedings. (a) Mutually exclusive initial applications for 218-219 MHz Service system licenses are subject to competitive bidding. The procedures set forth in part 1, subpart Q, of this chapter will apply unless otherwise provided in this part. (b) The Wireless Telecommunications Bureau will select competitive bidding designs and mechanisms in accordance with §§ 1.2103 and 1.2104 of this chapter. Federal Communications Commission FCC 98-228 4 (c) The specific procedures applicable to auctioning particular 218-219 MHz Service licenses will be set forth by Public Notice. Generally, the following competitive bidding procedures will be used to auction mutually exclusive 218-219 MHz Service licenses. (1) Forms. (i) Short-form application. See § 1.2105 of this chapter. (ii) Long-form
• http://wireless.fcc.gov/auctions/02/releases/smo96330.pdf http://wireless.fcc.gov/auctions/02/releases/smo96330.txt http://wireless.fcc.gov/auctions/02/releases/smo96330.wp
  • paragraph (d)(2); and revising paragraph (d)(3) and redesignating it as (d)(2); and adding a new paragraph (d)(3). The amended Section 95.816 reads as follows: § 95.816 Competitive bidding proceedings. * * * * * (c) * * * (1) Competitive bidding design options and mechanisms. The Wireless Telecommunications Bureau will select competitive bidding design(s) and mechanisms in accordance with Sections 1.2103 and 1.2104 of this Chapter. If simultaneous multiple round bidding is used, the Wireless Telecommunications Bureau has the discretion to vary the duration of the bidding rounds or the interval at which bids are accepted at any time before or during the course of the auction. (2) Forms. (i) Applicants must submit short-form applications (FCC Form 175) as specified in
• http://wireless.fcc.gov/auctions/05/releases/da960873.pdf http://wireless.fcc.gov/auctions/05/releases/da960873.txt http://wireless.fcc.gov/auctions/05/releases/da960873.wp
  • its $241,000 bid on Monday, March 18, 1996 during Round 50. NatTel does not 13 claim that the amount it bid on B-114 was in error. Instead, it claims that it placed a bid on this license "by virtue of a clerical mistake due to a miscommunication." NatTel also claims that it 14 Request at 6 . 47 C.F.R. § 1.2103(a); see also Second Report and Order in PP Docket 93-253, FCC 94-61, 9 FCC Rcd 2348, released April 20, 1994 at para. 150, fn. 113. 47 C.F.R. § 24.704(a)(1). See 47 C.F.R. §§ 1.2104(g) and 24.704(a)(1). Public Notice, "Entrepreneurs' C Block Auction Closes," DA 96-716 (rel. May 8, 1996) at Attachment B. The bid withdrawal payment is calculated as the
• http://wireless.fcc.gov/auctions/06/releases/r950230c.pdf http://wireless.fcc.gov/auctions/06/releases/r950230c.txt http://wireless.fcc.gov/auctions/06/releases/r950230c.wp
  • select among mutually exclusive MDS applicants, unless otherwise provided in 47 C.F.R. Chapter I, Part 21, Subpart K. § 21.951 MDS competitive bidding procedures. (a) The following competitive bidding procedures will generally be used in MDS auctions. Additional, specific procedures may be set forth by public notice. The Commission may also design and test alternative procedures. See 47 C.F.R. §§ 1.2103 and 1.2104. (1) Competitive bidding design. Simultaneous multiple round bidding will be used in MDS auctions, unless the Commission specifies by public notice the use of sequential oral (open outcry) bidding or sealed bidding (either sequential or simultaneous). Combinatorial bidding may also be used with any type of auction design. (2) Competitive bidding mechanisms. The Commission may utilize the following
• http://wireless.fcc.gov/auctions/11/releases/bip_def.pdf
  • The Commission may establish stopping rules before or during multiple round auctions in order to terminate the auctions within a reasonable time. (f) Activity Rules. The Commission may establish activity rules which require a minimum amount of bidding activity. (g) Withdrawal, Default and Disqualification Penalties. As specified below, when the Commission conducts a simultaneous multiple round auction pursuant to § 1.2103, the Commission will impose penalties on bidders who withdraw high bids during the course of an auction, or who default on payments due after an auction closes or who are disqualified. (1) Bid withdrawal prior to close of auction. A bidder who withdraws a high bid during the course of an auction will be subject to a penalty equal to
• http://wireless.fcc.gov/auctions/14/releases/wcsbip.pdf
  • bidding activity. 175). In order to be eligible to bid, an applicant must (g) Withdrawal, Default and Disqualification Penalties. timely submit a short-form application (FCC Form 175), As specified below, when the Commission conducts a together with any appropriate filing fee set forth by Public simultaneous multiple round auction pursuant to § Notice. Unless otherwise provided by Public Notice, the 1.2103, the Commission will impose penalties on bidders Form 175 need not be accompanied by an upfront who withdraw high bids during the course of an auction, or who default on payments due after an auction closes or who are disqualified. (1) Bid withdrawal prior to close of auction. A bidder who withdraws a high bid during the course of an
• http://wireless.fcc.gov/auctions/15/releases/da970477.pdf http://wireless.fcc.gov/auctions/15/releases/da970477.txt http://wireless.fcc.gov/auctions/15/releases/da970477.wp
  • auction must submit certain supplemental information ("Supplemental Information") in accordance with the Commission's rules and the instructions in this Public Notice. The FCC will not issue a Bidder Information Package for this auction. All information necessary to participate in this auction will be available through this Public Notice, subsequent Public Notices, or the Commission's Rules. See 47 C.F.R. §§ 1.2101- 1.2103, 1.2104(a) through (f), (h) and (i), and 25.401-25.406; Establishment of Rules and Policies for the Digital Audio Radio Satellite Service in the 2310-2360 MHz Frequency Band, Report and Order, Memorandum Opinion and Order, and Further Notice of Proposed Rulemaking, FCC 97- 70 (released March 3, 1997) ("DARS Report and Order"). The Supplemental Information must be received no later than 5:30
• http://wireless.fcc.gov/auctions/17/releases/d980572x.pdf http://wireless.fcc.gov/auctions/17/releases/d980572x.txt http://wireless.fcc.gov/auctions/17/releases/d980572x.wp
  • high bidder on a particular license(s), a high bidder must submit to the Commission's lockbox bank such additional funds (the "down payment") as are necessary to bring its total deposits (not including upfront payments applied to satisfy bid withdrawal or default payments) up to twenty (20) percent of its high bid(s). (In single round sealed bid auctions conducted under Sec. 1.2103, however, bidders may be required to submit their down payments with their bids.) Unless otherwise specified by public notice, this down payment must be made by wire transfer in U.S. dollars from a financial institution whose deposits are insured by the Federal Deposit Insurance Corporation and must be made payable to the Federal Communications Commission. Down payments will be held
• http://wireless.fcc.gov/auctions/17/releases/lmdsbp_e.pdf
  • based on finder's preferences, (see 47 CFR 90.173); (11) Private Land Mobile Radio Services below 470 MHz (see 47 CFR Part 90, Subparts B-F) except in the 220 MHz band (see 47 CFR Part 90, Subpart T), including those based on finder's preferences (see 47 CFR Section 90.173); and (12) Private Operational Fixed Services (see 47 CFR Part 94). Sec. 1.2103 Competitive bidding design options. (a) The Commission will select the competitive bidding design(s) to be used in auctioning particular licenses or classes of licenses on a service-specific basis. The choice of competitive bidding design will generally be made pursuant to the criteria set forth in PP Docket No. 93-253, FCC 94-61, adopted March 8, 1994, available for purchase from the
• http://wireless.fcc.gov/auctions/18/releases/220_e.pdf
  • to the public; (2) Initial licenses or construction permits for digital television service given to existing terrestrial broadcast licensees to replace their analog television service licenses; or (3) Noncommercial educational and public broadcast stations described under 47 U.S.C. 397(6). Note to Section 1.2102: To determine the rules that apply to competitive bidding, specific service rules should also be consulted. Sec. 1.2103 Competitive bidding design options. (a) The Commission will choose from one or more of the following types of auction designs for services or classes of services subject to competitive bidding: (1) Simultaneous multiple-round auctions (using remote or on-site electronic bidding); (2) Sequential multiple round auctions (using either oral ascending or remote and/or on-site electronic bidding); (3) Sequential or simultaneous single-round
• http://wireless.fcc.gov/auctions/22/releases/pcsbipg.pdf
  • to the public; (2) Initial licenses or construction permits for digital television service given to existing terrestrial broadcast licensees to replace their analog television service licenses; or (3) Noncommercial educational and public broadcast stations described under 47 U.S.C. 397(6). Note to § 1.2102: To determine the rules that apply to competitive bidding, specific service rules should also be consulted. § 1.2103 Competitive bidding design options. (a) The Commission will choose from one or more of the following types of auction designs for services or classes of services subject to competitive bidding: (1) Simultaneous multiple-round auctions (using remote or on-site electronic bidding); (2) Sequential multiple round auctions (using either oral ascending or remote and/or on-site electronic bidding); (3) Sequential or simultaneous single-round
• http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.pdf http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.wp
  • to the public; (2) Initial licenses or construction permits for digital television service given to existing terrestrial broadcast licensees to replace their analog television service licenses; or (3) Noncommercial educational and public broadcast stations described under 47 U.S.C. 397(6). Note to § 1.2102: To determine the rules that apply to competitive bidding, specific service rules should also be consulted. § 1.2103 Competitive bidding design options. (a) The Commission will choose from one or more of the following types of auction designs for services or classes of services subject to competitive bidding: (1) Simultaneous multiple-round auctions (using remote or on-site electronic bidding); (2) Sequential multiple round auctions (using either oral ascending or remote and/or on-site electronic bidding); (3) Sequential or simultaneous single-round
• http://wireless.fcc.gov/auctions/25/releases/fc980194.pdf http://wireless.fcc.gov/auctions/25/releases/fc980194.txt http://wireless.fcc.gov/auctions/25/releases/fc980194.wp
  • to that used in many previous auctions, as well as alternate bidding designs that might be appropriate in the broadcast context, including: (1) sequential multiple round auctions, using either oral ascending, remote or on-site electronic bidding; and (2) sequential or simultaneous single round auctions, using either remote and/or on site electronic bidding, or sealed bids. See generally 47 C.F.R. § 1.2103. Additionally, we noted that we have the authority under Section 309(j) to explore other auction methodologies. 116 123. We received a number of comments on the type of auction design that should be utilized for the auction of broadcast construction permits. Several commenters addressing the issue oppose the use of a simultaneous multiple round auction design, arguing that the Commission
• http://wireless.fcc.gov/auctions/26/releases/pagebp_g.pdf
  • to the public; (2) Initial licenses or construction permits for digital television service given to existing terrestrial broadcast licensees to replace their analog television service licenses; or (3) Noncommercial educational and public broadcast stations described under 47 U.S.C. 397(6). Note to § 1.2102: To determine the rules that apply to competitive bidding, specific service rules should also be consulted. § 1.2103 Competitive bidding design options. (a) The Commission will choose from one or more of the following types of auction designs for services or classes of services subject to competitive bidding: (1) Simultaneous multiple-round auctions (using remote or on-site electronic bidding); (2) Sequential multiple round auctions (using either oral ascending or remote and/or on-site electronic bidding); (3) Sequential or simultaneous single-round
• http://wireless.fcc.gov/auctions/28/releases/fc980194.pdf http://wireless.fcc.gov/auctions/28/releases/fc980194.txt http://wireless.fcc.gov/auctions/28/releases/fc980194.wp
  • to that used in many previous auctions, as well as alternate bidding designs that might be appropriate in the broadcast context, including: (1) sequential multiple round auctions, using either oral ascending, remote or on-site electronic bidding; and (2) sequential or simultaneous single round auctions, using either remote and/or on site electronic bidding, or sealed bids. See generally 47 C.F.R. § 1.2103. Additionally, we noted that we have the authority under Section 309(j) to explore other auction methodologies. 116 123. We received a number of comments on the type of auction design that should be utilized for the auction of broadcast construction permits. Several commenters addressing the issue oppose the use of a simultaneous multiple round auction design, arguing that the Commission
• http://wireless.fcc.gov/auctions/30/releases/fc970391.pdf http://wireless.fcc.gov/auctions/30/releases/fc970391.txt http://wireless.fcc.gov/auctions/30/releases/fc970391.wp
  • in 47 C.F.R. Part 1, Subpart Q will apply unless otherwise provided in this part. § 101.1202 Competitive bidding design for 38.6-40.0 GHz licensing. The following competitive bidding procedures generally will be used in 38.6-40.0 GHz auctions. Additional, specific procedures may be set forth by public notice. The Commission also may design and test alternative procedures. See 47 C.F.R. §§ 1.2103 and 1.2104. The Commission will employ simultaneous multiple round bidding when choosing from among mutually exclusive initial applications to provide 38.6-40.0 GHz service, unless otherwise specified by the Wireless Telecommunications Bureau before the auction. § 101.1203 Competitive bidding mechanisms. (a) Sequencing. The Commission will establish and may vary the sequence in which 38.6-40.0 GHz licenses will be auctioned. (b) Grouping.
• http://wireless.fcc.gov/auctions/31/releases/da001075.doc http://wireless.fcc.gov/auctions/31/releases/da001075.pdf http://wireless.fcc.gov/auctions/31/releases/da001075.txt
  • conference, http://combin.fcc.gov. See 47 U.S.C. 309(j)(3). See, e.g., Service Rules for the 746-764 and 776-794 MHz Bands, and Revisions to Part 27 of the Commission's Rules, WT Docket No. 99-168, Petition for Expedited Reconsideration of US West Wireless, LLC (Feb. 3, 2000) at 4. Furthermore, the Commission's rules generally provide authority to use a combinatorial auction design. See 47 C.F.R. §1.2103. See 47 C.F.R. §§ 0.131, 0.331. See Auction of Licenses in the 747-762 and 777-792 MHz Bands, Auction Notice and Filing Requirements for 12 Licenses in the 700 MHz Bands, Auction Scheduled for May 10, 2000, Minimum Opening Bids and Other Procedural Issues, Public Notice, 15 FCC Rcd 2921 (rel. Feb. 18, 2000), 65 Fed. Reg. 12251 (Mar. 8, 2000)
• http://wireless.fcc.gov/auctions/44/releases/fc010364.pdf http://wireless.fcc.gov/auctions/44/releases/fc010364.txt
  • that seek an opportunity to participate in an auction of Lower 700 MHz Band licenses. The Commission has long 477 See 47 U.S.C. § 309(j)(3)(E)(i)(obligation to permit notice and comment on proposed auction procedures before issuance of bidding rules). 478 See 47 C.F.R. §§ 0.131(c) (functions of WTB); 0.331 (authority delegated to WTB); 0.332 (actions taken under WTB's delegated authority); 1.2103 (competitive bidding design options, including simultaneous multi- round and combinatorial bidding auctions, among others); 1.2104 (competitive bidding mechanisms). See also Amendment of Part 1 of the Commission's rules-Competitive Bidding Procedures, Order, Memorandum Opinion and Order, and Notice of Proposed Rule Making, 12 FCC Rcd 5686, 5697-98 ¶ 16 (1997). 479 See Notice, 16 FCC Rcd at 7328 ¶ 120. Pursuant
• http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
  • apply to services governed by Part 73. Further, because section 73.5009(b) only applies to assignment or transfers of control, section 1.2112(a) would continue to apply to short form applications ("FCC Form 175"). Federal Communications Commission DA 02-847 5 27.701; 73.3572(e)(2),27 (f);28 73.5000(a); 80.1251; 90.801; 90.901; 90.1001; 90.1101; 95.816(a); 100.71; 101.537; 101.1101; 101.1201; and 101.1317.29 7. Competitive bidding design options. Section 1.2103 of the Commission's rules outlines the general competitive bidding design options (or the different competitive bidding methodologies) for services or classes of services subject to competitive bidding.30 These competitive bidding design options include: simultaneous multiple-round auctions (using remote or on-site electronic bidding); sequential multiple-round auctions (using either oral ascending or remote and/or on-site electronic bidding); sequential or simultaneous single-round auctions
• http://wireless.fcc.gov/auctions/general/releases/fc000403.doc http://wireless.fcc.gov/auctions/general/releases/fc000403.pdf http://wireless.fcc.gov/auctions/general/releases/fc000403.txt
  • licensing scheme that results in mutual exclusivity, the Commission seeks to develop a competitive bidding process that is tailored to the specific characteristics of the private radio services, the various purposes for which spectrum in those services is used, and the needs of the various types of entities holding licenses in those services. In the Notice, we stated that Section 1.2103(a) of our rules sets forth the various types of auction designs from which we may choose to award licenses for services or classes of services subject to competitive bidding. We also pointed out that under Section 309(j) the Commission has authority to design and test other auction methodologies. In light of these options, we sought comment generally on the types
• http://wireless.fcc.gov/auctions/general/releases/fc970060.pdf http://wireless.fcc.gov/auctions/general/releases/fc970060.txt http://wireless.fcc.gov/auctions/general/releases/fc970060.wp
  • of notice and comment rule making contained in 5 U.S.C. § 553(b) and the effective date provisions of 5 U.S.C. § 553(d) do not apply. Authority 7 for the amendments adopted herein is contained in Sections 4(i), 5(b), 5(c)(1), 303(r), 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 155(b), 155(c)(1), 303(r) and 47 C.F.R. § 1.2103(a). 8 In a simultaneous multiple round auction, groups of interdependent licenses are auctioned in a single auction. 9 Bidders bid through a series of rounds and information on the winners of each round is transmitted to bidders, who, in the next round, may attempt to top the bids submitted in the previous round. Competitive Bidding Second Report and Order, 9
• http://wireless.fcc.gov/auctions/general/releases/fc970413.pdf http://wireless.fcc.gov/auctions/general/releases/fc970413.txt http://wireless.fcc.gov/auctions/general/releases/fc970413.wp
  • a method of speeding the auction process by providing for the efficient aggregation of licenses. Specifically, the Automated Credit Exchange ("ACE") strongly supports the use of combinatorial bidding, stating that such a system can Federal Communications Commission FCC 97-413 ACE Comments at 1-15. 366 Merlin Reply Comments at 8. 367 AirTouch Reply Comments at 8. 368 See 47 C.F.R. § 1.2103(b). 369 Balanced Budget Act. 370 Balanced Budget Act; 47 U.S.C. § 309(j)(3)(i). 371 80 increase the speed of particular auctions and provide for the deployment of spectrum resources in the most efficient license configurations. In contrast, Merlin argues that combinatorial bidding 366 is too complex and difficult to implement, and suggests that such a system would disadvantage smaller entities interested
• http://wireless.fcc.gov/auctions/general/releases/part1rul.doc http://wireless.fcc.gov/auctions/general/releases/part1rul.pdf
  • to the public; (2) Initial licenses or construction permits for digital television service given to existing terrestrial broadcast licensees to replace their analog television service licenses; or (3) Noncommercial educational and public broadcast stations described under 47 U.S.C. 397(6). Note to § 1.2102: To determine the rules that apply to competitive bidding, specific service rules should also be consulted. § 1.2103 Competitive bidding design options. (a) The Commission will choose from one or more of the following types of auction designs for services or classes of services subject to competitive bidding: (1) Simultaneous multiple-round auctions (using remote or on-site electronic bidding); (2) Sequential multiple round auctions (using either oral ascending or remote and/or on-site electronic bidding); (3) Sequential or simultaneous single-round
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da980572.pdf
  • high bidder on a particular license(s), a high bidder must submit to the Commission's lockbox bank such additional funds (the "down payment") as are necessary to bring its total deposits (not including upfront payments applied to satisfy bid withdrawal or default payments) up to twenty (20) percent of its high bid(s). (In single round sealed bid auctions conducted under Sec. 1.2103, however, bidders may be required to submit their down payments with their bids.) Unless otherwise specified by public notice, this down payment must be made by wire transfer in U.S. dollars from a financial institution whose deposits are insured by the Federal Deposit Insurance Corporation and must be made payable to the Federal Communications Commission. Down payments will be held
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001075.doc
  • conference, http://combin.fcc.gov. See 47 U.S.C. 309(j)(3). See, e.g., Service Rules for the 746-764 and 776-794 MHz Bands, and Revisions to Part 27 of the Commission's Rules, WT Docket No. 99-168, Petition for Expedited Reconsideration of US West Wireless, LLC (Feb. 3, 2000) at 4. Furthermore, the Commission's rules generally provide authority to use a combinatorial auction design. See 47 C.F.R. §1.2103. See 47 C.F.R. §§ 0.131, 0.331. See Auction of Licenses in the 747-762 and 777-792 MHz Bands, Auction Notice and Filing Requirements for 12 Licenses in the 700 MHz Bands, Auction Scheduled for May 10, 2000, Minimum Opening Bids and Other Procedural Issues, Public Notice, 15 FCC Rcd 2921 (rel. Feb. 18, 2000), 65 Fed. Reg. 12251 (Mar. 8, 2000)