FCC Web Documents citing 1.2104

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

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4514A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4514A1.pdf
  • (``Bureaus'') provide further guidance as to how the Bureaus intend to exercise their delegated authority in the event that disputes arise with respect to the negotiation of the terms of the NSA. A. Default Payment for D Block Any winning bidder that defaults or is disqualified after the close of an auction is liable for a default payment under Section 1.2104(g)(2) of the Commission's rules. This payment consists of a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a license covering the same spectrum is won in an auction, plus an additional payment equal to a percentage of the defaulter's bid or of the subsequent winning
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  • the statute, the Commission is permitted to equate the net winning bids of an auction with that auction's total cash proceeds. First, to a large extent, the Commission's rules ensure that the public ultimately will be compensated for at least the net amount of any bids subject to a post-auction default or disqualification. As we discuss in detail later, section 1.2104(g) of the Commission's rules requires a high bidder that defaults or is disqualified after the close of an auction to make a default payment equaling the difference between the amount of the defaulter's bid and the amount of the winning bid the next time a license covering the same spectrum is won in an auction. The defaulter also must make
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  • shall not, however, include ordering private third-party arbitration. In the event that the long-form application filed by the winning bidder for the D Block license is denied, the winning bidder for the D Block license will be deemed to have defaulted under Section 1.2109(c) of the Commission's rules, it will be liable for the default payment set forth in � 1.2104(g), and the full Commission, at its discretion, shall decide whether to offer a new license for the spectrum to existing or new applicants, offer a new license to the other highest bidders (in descending order) at their final bids, or choose any other process within the Commission's statutory authority to reassign the license, in light of the public interest goals
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  • bidding rules provide that if a winning bidder defaults for any reason, the bidder is liable for a default payment. In the Second Report and Order, the Commission provided that the D Block winning bidder would be deemed to have defaulted under Section 1.2109(c) of the Commission's rules and would be liable for the default payments set forth in Section 1.2104(g) if it failed to comply with the procedures established for negotiation or dispute resolution in the NSA, including a failure to comply with a Commission or Bureau decision in binding adjudication, as well as under other circumstances, e.g., if it failed to pay its winning bid. Pursuant to Section 1.2104(g) of those rules, a default payment is comprised of (1)
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  • be assigned based on the results of an auction unless at the close of bidding in such auction there are provisionally winning bids for licenses that cover at least fifty percent (50%) of the nation's population, as determined consistent with the Commission's pre-auction announcement of the population for which each license will authorize service. (iii) Notwithstanding any provision of Section 1.2104(g)(2)(ii), whether or not combinatorial bidding is available in the auction, the percentage for the additional payment portion of any applicable default payment pursuant to Section 1.2104(g)(2) will equal between 3 and 20 percent of the applicable bid, according to a percentage (or percentages) established by the Commission in advance of the auction. (iv) Notwithstanding any provision of Section 1.2108, the
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  • late fee equal to five percent of the amount due. See 47 C.F.R. �� 22.215(a), 1.2109(a). A winning bidder listed on Attachment A who fails to pay the balance of its winning bid by the late payment deadline of June 5, 2000, will be considered in default and subject to the applicable default payments. See 47 C.F.R. �� 22.207, 22.215(a), 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as proscribed by sections 22.207, 22.215(a), 1.2104(g), and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 22.207, 22.215(a), 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of
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  • bidders in Auction No. 30 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids, if applicable. If a bidder's upfront payment is not sufficient to meet both of these requirements, the bidder must deposit additional funds. See 47 C.F.R. �� 1.2107(b), 1.2104(g). The amount now due from each bidder, if any, is set out in the last column of Attachment B. Note that a payment and FCC Form 159 are necessary only if a bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each bidder's down payment must be a
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  • 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) (``Auction No. 31 Procedures Public Notice''). Auction No. 31 Procedures Public Notice, 15 FCC Rcd at 2952-56. Auction No. 31 Procedures Public Notice. 47 C.F.R. � 1.2105(c). See 47 C.F.R. � 1.2104. We note that the Commission sought comment on whether to apply or modify the Part 1, Subpart Q general competitive bidding procedures for the auction of licenses in these bands. See 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, Notice of Proposed Rulemaking at � 83,
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  • listed in Attachment A who fails to pay the balance of the winning bid(s) by the late payment deadline of June 15, 2000, will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicants will be assessed default payments as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Mass Media Bureau will announce the grant of those construction permits for which the Commission has received the timely final payment of the winning bid amount(s). Individual facility authorizations will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction 25 will be dismissed following grant
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  • limit the number of rounds in which bidders may place withdrawals to two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn in either of these rounds. Withdrawals during the auction will still be subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Bidders should note that abuse of the Commission's bid withdrawal procedures could result in the denial of the ability to bid on a market. If a high bid is withdrawn, the license will be offered in the next round at the second highest bid price, which may be less than, or equal to, in the case of tie bids, the
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  • limit the number of rounds in which bidders may place withdrawals to two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn in either of these rounds. Withdrawals during the auction will still be subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Bidders should note that abuse of the Commission's bid withdrawal procedures could result in the denial of the ability to bid on a market. If a high bid is withdrawn, the license will be offered in the next round at the second highest bid price, which may be less than, or equal to, in the case of tie bids, the
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  • due. See 47 C.F.R. �� 1.2109(a), 90.1015(a). In the event that Metro-Trak fails to pay the balance of its winning bid by the late payment deadline of June 26,2000, it will be considered in default on the license and subject to the applicable default payments. See 47 C.F.R. �� 1.2109(a), 90.1015(a). Default payments will be assessed as prescribed by sections 1.2104(g), 1.2109(b) and 90.1007 of the Commission's Rules. See47C.F.R. �� 1.2104(g), 1.2109(b), 90.1007. Metro-Trak was the high bidder for Market BEA107C in the auction of 528 multilateration Location and Monitoring Service (LMS) licenses completed on March 5,1999.1 At the time, Market BEA107C was subject to a Petition for Waiver filed by Hennepin County, Minnesota (Hennepin Petition) on January 8, 1999, which
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  • auction. Default and Disqualification If the high bidder defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) it will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the construction permit or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, the Commission may declare the applicant and its principals ineligible to
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  • the License of WMAR-TV, Baltimore, Maryland, Memorandum Opinion and Order, 6 FCC Rcd. 81, 82 (1990) (Specific facts, not speculative suggestions, that a rule waiver request is not in the public interest are necessary when seeking a denial of such request.). 47 C.F.R. � 1.2109(b)(1994) (A winning bidder who defaults will be liable for the penalty set forth in � 1.2104(g)(2). In such event, the Commission may conduct another auction for the license or offer it to the other highest bidders.); 47 C.F.R. � 1.2104(g)(2)(1994) (If the defaulting party's bid is greater than the subsequent winning bid when the license is re-auctioned, the penalty will be equal to the difference between the two bids. An additional penalty equal to three percent
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  • late fee equal to five percent of the amount due. See 47 C.F.R. �� 22.215(a), 1.2109(a). A winning bidder listed on Attachment A who fails to pay the balance of its winning bid by the late payment deadline of July 6, 2000, will be considered in default and subject to the applicable default payments. See 47 C.F.R. �� 22.207, 22.215(a), 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as proscribed by sections 22.207, 22.215(a), 1.2104(g), and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 22.207, 22.215(a), 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1244A1_Erratum.doc
  • late fee equal to five percent of the amount due. See 47 C.F.R. �� 22.215(a), 1.2109(a). A winning bidder listed on Attachment A who fails to pay the balance of its winning bid by the late payment deadline of July 6, 2000, will be considered in default and subject to the applicable default payments. See 47 C.F.R. �� 22.207, 22.215(a), 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as proscribed by sections 22.207, 22.215(a), 1.2104(g), and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 22.207, 22.215(a), 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of
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  • listed in Attachment A who fails to pay the balance of the winning bid(s) by the late payment deadline of July 14, 2000, will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicants will be assessed default payments as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Mass Media Bureau will announce the grant of those construction permits for which the Commission has received the timely final payment of the winning bid amount(s). Individual facility authorizations will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction 28 will be dismissed following grant
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  • limit the number of rounds in which bidders may place withdrawals to two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn in either of these rounds. Withdrawals during the auction will still be subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Bidders should note that abuse of the Commission's bid withdrawal procedures could result in the denial of the ability to bid on a market. If a high bid is withdrawn, the license will be offered in the next round at the second highest bid price, which may be less than, or equal to, in the case of tie bids, the
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  • any new bids on the license or package during the auction. See Auction No. 31 Package Bidding Comment Public Notice at 8. Verizon Comments at 10. SBC/BellSouth Comments, Harstad attachment at 41-42. Id. Auction No. 31 Package Bidding Comment Public Notice at 10. SBC/BellSouth Reply Comments at 7-8. SBC/BellSouth Comments at 4-5; Pekec/Rothkopf Comments at �11. See 47 C.F.R. � 1.2104(i). See Auction No. 31 Procedures Public Notice at 27, 15 FCC Rcd at 2947. Spectrum Exchange Comments at 8. Plott/Salmon Comments at 3-4. See Auction No. 31 Procedures Public Notice at 27-29, 15 FCC Rcd at 2947-49. Pekec/Rothkopf Comments at � 7. See DeMartini, Christine, Anthony M. Kwasnica, John O. Ledyard, and David Porter, ``A New and Improved Design for
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  • difference between the gross bids, the three percent payment will be computed on the lower of the net bids. However, if the differences between both the gross bids and the net bids are less than or equal to zero, three percent payment will be computed on the lower of the net bids. The purpose of the default payment provisions, section 1.2104(g)(2) of the Commission's rules, is to assure that the winning bidder is obligated to pay the full amount of its winning bid (less any mitigation of damages arising from a subsequent auction of the spectrum) even if the winning bidder defaults or is determined to be disqualified and is never granted a license. The winning bidder's contractual obligation to pay
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  • case by 6:00 p.m. ET on August 1, 2000, the winning bidder in Auction No. 80 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover the down payment on its winning bid. If the bidder's upfront payment is not sufficient to meet this requirement, the bidder must deposit additional funds. See 47 C.F.R. �� 1.2107(b), 1.2104(g). The amount now due from the bidder is set out in the last column of Attachment B. The bidder's down payment must be a total of twenty (20) percent of its net winning bid. Final payment. After the termination of the pleading cycle for petitions to deny (see 47 C.F.R. � 73.5006), the Commission will issue a public notice announcing
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  • listed in Attachment A who fails to pay the balance of the winning bid(s) by the late payment deadline of August 15, 2000, will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicants will be assessed default payments as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Mass Media Bureau will announce the grant of those construction permits for which the Commission has received the timely final payment of the winning bid amount(s). Individual facility authorizations will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction 25 will be dismissed following grant
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  • be applied to this initial default payment (BEA 107C). If additional payment is required after BEA 107C is re-auctioned, a second order will be issued to assess the amount due. IV. Ordering Clauses 8. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act, as amended, 47 U.S.C. �� 154(i), 309, and sections 0.331 and 1.2104 of the Commission's Rules, 47 C.F.R. �� 0.331, 1.2104, the Form 175 application for Market BEA 107C, Minneapolis - St. Paul, MN-WI-IA, filed by Metro-Trak, L.L.C. IS DISMISSED. 9. IT IS FURTHER ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and sections 0.331 and 1.2104(g) of the Commission's rules, 47
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  • fixed and established at the close of the auction. A winning bidder that defaults on its full payment obligation will, therefore, be required to make the Commission whole for the amount of the winning bid, subject to any mitigation of damages produced by the subsequent auction of the license (or licenses) for the same spectrum. 12. Accordingly, pursuant to sections 1.2104(g)(2) and 1.2106(c) the Commission's rules, Metro-Trak is subject to default payment obligations. Specifically, Metro-Trak is required to pay the difference between the amount bid and the amount of the winning bid the next time the license is offered by the Commission (so long as the subsequent winning bid is less than the defaulted bid), plus an additional payment equal to
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  • 1.2109(a). 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). See 47 C.F.R. � 1.2109(a). See 47 C.F.R. �� 1.2104(g)(2) (as amended), 1.2109, 1.2107(b), 101.1105; see also Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, DA 96-481, Public Notice, 11 FCC Rcd 10853 (1996). See 47 C.F.R. � 1.2104(g)(2). See 47 C.F.R. � 1.2106(e). See 47 C.F.R. � 1.2109(b). Copies of the FCC Form 159 may be obtained by calling the Commission's Forms Distribution Center at 1-800-418-3676 (outside Washington,
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  • licenses for both blocks in any geographic service area. The bidding software does not restrict bidders from bidding on both licenses in any market, therefore each bidder is responsible for ensuring that they are in compliance with the above rule. Compliance with Section 27.604 may subject a bidder bidding on or winning both licenses to a withdrawal payment under Section 1.2104(g)(1) or default penalty under Section 1.2104(g)(2). Long-Form Applications: Applicants that claim status as a small or very small business should be aware that at the long-form application stage, they will be subject to more extensive reporting requirements contained in the Commission's Part 1 ownership disclosure rule. In addition, applicants with foreign ownership interests will be required to comply with 47
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  • Auction No. 34 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids, if applicable. If a winning bidder's upfront payment is not sufficient to meet both of these requirements, the winning bidder must deposit additional funds. See 47 C.F.R. �� 1.2107(b), 1.2104(g). The amount now due from each winning bidder, if any, is set out in the last column of Attachment B. Note that a payment and FCC Form 159 are necessary only if a winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down payment
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  • furnished in a pending application. See 47 C.F.R. � 1.65. An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on September 20, 2000, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in 47 C.F.R. �� 1.2104. See 47 C.F.R. � 1.2107(c). Number of Forms To Be Filed. Filers applying for multiple licenses are not required to submit a separate application for each market if all filing requirements associated with the application are identical except for the market designator and market name. Under these circumstances, applicants may submit one FCC Form 601 Main Form and Schedule B.
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  • and Order, 13 FCC Rcd at 425, � 86. Part 1 Fifth Report and Order, ��40-42; 47 C.F.R. � 1.2106(a); see also C Block Fourth Report and Order at 15761-62, � 34; see 47 C.F.R. ��1.2105(a)(2)(xi) and 24.709(a)(5). Results below $10,000 are rounded to the nearest hundred; results above $10,000 are rounded to the nearest thousand. See 47 C.F.R. � 1.2104(i). See Balanced Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141 (1998). See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening Bids or Reserve Prices,
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  • Auction No. 33 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids, if applicable. If a winning bidder's upfront payment is not sufficient to meet both of these requirements, the winning bidder must deposit additional funds. See 47 C.F.R. �� 1.2107(b), 1.2104(g). The amount now due from each winning bidder, if any, is set out in the last column of Attachment B. Note that a payment and FCC Form 159 are necessary only if a winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down payment
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  • Bidding , PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2378-79, �� 171-176 (1994) (``Second Report and Order'') for a general discussion of competitive bidding design. See Broadcast First Report and Order, 13 FCC Rcd at 15971, � 134. See Second Report and Order, 9 FCC Rcd 2348, 2378-79, �� 171-176 (1994). See 47 C.F.R. � 1.2104(i). See Balanced Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Broadcast First Report and Order, 13 FCC Rcd at 15971, � 134. See, e.g., Closed Broadcast Auction - Notice and Filing Requirements for Auction of AM, FM, TV, LPTV and FM
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  • 1.2109(a). 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). See 47 C.F.R. � 1.2109(a). See 47 C.F.R. �� 1.2104(g)(2) (as amended), 1.2109, 1.2107(b), 101.1105; see also Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, DA 96-481, Public Notice, 11 FCC Rcd 10853 (1996). See 47 C.F.R. � 1.2104(g)(2). See 47 C.F.R. � 1.2106(e). See 47 C.F.R. � 1.2109(b). Copies of the FCC Form 159 may be obtained by calling the Commission's Forms Distribution Center at 1-800-418-3676 (outside Washington,
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  • limit the number of rounds in which bidders may place withdrawals to two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn in either of these rounds. Withdrawals during the auction will still be subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Bidders should note that abuse of the Commission's bid withdrawal procedures could result in the denial of the ability to bid on a market. If a high bid is withdrawn, the license will be offered in the next round at the second highest bid price, which may be less than, or equal to, in the case of tie bids, the
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  • 47 C.F.R. � 27.604. See also 700 MHz First Report and Order at �� 31, 39. See Part 1 Order, 12 FCC Rcd at 5697-98, � 16 (1997). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2378-79, �� 171-176 (1994). See 47 C.F.R. � 1.2104(i). See Balanced Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141 (1998). See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening Bids or Reserve Prices,
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  • and fair functioning of the auction process. Thus, the default payment provisions are critical for maintaining the integrity of the auction process by discouraging insincere bidding and ensuring that licenses end up in the hands of those parties that value them the most and have the financial qualifications necessary to construct operational systems and provide service. Accordingly, pursuant to sections 1.2104(g)(2) and 1.2106(c) of the Commission's rules, Toto is subject to default payment obligations. Specifically, Toto is required to pay the difference between the amount bid and the amount of the winning bid the next time the license is offered by the Commission (so long as the subsequent winning bid is less than the defaulted bid), plus an additional payment equal
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  • and fair functioning of the auction process. Thus, the default payment provisions are critical for maintaining the integrity of the auction process by discouraging insincere bidding and ensuring that licenses end up in the hands of those parties that value them the most and have the financial qualifications necessary to construct operational systems and provide service. Accordingly, pursuant to sections 1.2104(g)(2) and 1.2106(c) of the Commission's rules, Saipan is subject to default payment obligations. Specifically, Saipan is required to pay the difference between the amount bid and the amount of the winning bid the next time the license is offered by the Commission (so long as the subsequent winning bid is less than the defaulted bid), plus an additional payment equal
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  • listed in Attachment A who fails to pay the balance of the winning bid(s) by the late payment deadline of November 17, 2000, will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicants will be assessed default payments as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Mass Media Bureau will announce the grant of those construction permits for which the Commission has received the timely final payment of the winning bid amount(s). Individual facility authorizations will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction 25 will be dismissed following grant
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  • Commission's Order. Default and Disqualification Any high bidder that defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the license or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, the Commission may declare the applicant and its principals ineligible to bid
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  • a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). A winning bidder listed on Attachment A who fails to pay the balance of its winning bid by the late payment deadline of December 18, 2000, will be considered in default and subject to the applicable default payments. See 47 C.F.R. �� 90.905, 90.909(b), 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as prescribed by sections 90.905, 90.909(b), 1.2104(g), and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 90.905, 90.909(b), 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of LMDS COMMUNICATIONS, INC. Request For Waiver of Sections 1.2109(a) and (c), 1.2104(g) and 101.1105(b) of the Commission's Rules Regarding BTA117, BTA122, BTA203, BTA215, BTA218, BTA287, BTA317, BTA328, BTA330, BTA335, BTA375 and BTA416 ) ) ) ) ) ) ) ) ) FCC File No. 0000013644 ON RECONSIDERATION Adopted: November 28, 2000 Released: November 30, 2000 By the Deputy Chief, Wireless Telecommunications Bureau: INTRODUCTION We have before us a Petition for Reconsideration filed
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  • due. See 47 C.F.R. � 1.2109(a). Applications not appearing in Attachment A remain under consideration by the Commission. A winning bidder listed on Attachment A who fails to pay the balance of its winning bid by the late payment deadline of January 5, 2000, will be considered in default and subject to the applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
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  • in Auction No. 36 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids, if applicable. If a winning bidder's upfront payment is not sufficient to meet both of these requirements, the winning bidder must deposit additional funds. See 47 C.F.R. �� 1.2104(g), 1.2107(b). The amount now due from each winning bidder, if any, is set out in the last column of Attachment B. Note that a payment and FCC Form 159 are necessary only if a winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down
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  • of information furnished in a pending application. See 47 C.F.R. � 1.65. An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on December 21, 2000, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in section 1.2104(g) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Filers applying for multiple licenses are not required to submit a separate application for each market if all filing requirements associated with the application are identical except for the market designator and market name. Under these circumstances, applicants may submit one FCC Form 601
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  • listed in Attachment A who fails to pay the balance of the winning bid by the late payment deadline of January 11, 2001, will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicants will be assessed default payments as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Mass Media Bureau will announce the grant of the construction permit for which the Commission has received the timely final payment of the winning bid amount. The individual facility authorization will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction 27 will be dismissed following
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  • listed in Attachment A who fails to pay the balance of the winning bid(s) by the late payment deadline of January 11, 2001, will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicants will be assessed default payments as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Mass Media Bureau will announce the grant of those construction permits for which the Commission has received the timely final payment of the winning bid amount(s). Individual facility authorizations will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction 25 will be dismissed following grant
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  • limit the number of rounds in which bidders may place withdrawals to two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn in either of these rounds. Withdrawals during the auction will still be subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Bidders should note that abuse of the Commission's bid withdrawal procedures could result in the denial of the ability to bid on a market. If a high bid is withdrawn, the license will be offered in the next round at the second highest bid price, which may be less than, or equal to, in the case of tie bids, the
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  • cancellation. Id. at � 125. See 700 MHz First Report and Order at �� 31, 39. See Part 1 Order, 12 FCC Rcd at 5697-98, � 16 (1997). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2378-79, �� 171-176 (1994). See 47 C.F.R. � 1.2104(i). See Balanced Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141 (1998). See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening Bids or Reserve Prices,
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  • deemed to have defaulted"6 and will be liable for certain default payment obligations.7 Because Longstreet failed to remit the late payment fee necessary to satisfy its down payment obligation for Market B012C, Longstreet is in default on its license for Market B012C.8 As a result of its default, Longstreet is subject to the payment provisions specified in sections 24.704 and 1.2104(g) of the Co'mmission's rules.' Because a winning bidder is obligated to pay the full amount of its winning bid, the default payment is equal to the difference between the amount bid and the amount of the winning bid the next time the license is offered by the Commission (so long as the subsequent winning bid is less than the amount
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  • C and F Block Auction,'' Public Notice, DA 00-145 (rel. January 31, 2000). See Part 1 Order, 12 FCC Rcd at 5697-98, � 16 (1997); see also Part 1 Third Report and Order, 13 FCC Rcd at 425, � 86. C Block Fourth Report and Order at 15761-62, � 34, see 47 C.F.R. ��1.2105(a)(2)(xi) and 24.709(a)(5). See 47 C.F.R. � 1.2104(i). See Balanced Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141 (1998). See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening Bids or Reserve Prices,
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  • bidders in Auction No. 26 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids, if applicable. If a bidder's upfront payment is not sufficient to meet both of these requirements, the bidder must deposit additional funds. See 47 C.F.R. �� 1.2107(b), 1.2104(g). The amount now due from each bidder, if any, is set out in the last column of Attachment B. Note that only if a bidder's upfront payment covers the required total of down payments and withdrawn bid payments (as reflected in Attachment B) is no payment or FCC Form 159 necessary at this time. Each bidder's down payment must be
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  • listed in Attachment A who fails to pay the balance of the winning bid(s) by the late payment deadline of April 7, 2000, will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicants will be assessed default payments as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Mass Media Bureau will announce the grant of those construction permits for which the Commission has received the timely final payment of the winning bid amount(s). Individual facility authorizations will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction 25 will be dismissed following grant
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � � � � � � � , � � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of LMDS COMMUNICATIONS, INC. Request for Waiver of Sections 1.2109(a) and (c), 1.2104(g) and 101.1105(b) of the Commission's Rules Regarding BTA117, BTA122, BTA203, BTA215, BTA218, BTA287, BTA317, BTA328, BTA330, BTA335, BTA375 and BTA416 ) ) ) ) ) ) ) ) ) FCC File No. 0000013644 Adopted: March 10, 2000 Released: March 17, 2000 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: INTRODUCTION AND BACKGROUND This Order addresses a
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  • 47 C.F.R. � 27.604. See also 700 MHz First Report and Order at �� 31, 39. See Part 1 Order, 12 FCC Rcd at 5697-98, � 16 (1997). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2378-79, �� 171-176 (1994). See 47 C.F.R. � 1.2104(i). See Balanced Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141 (1998). See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening Bids or Reserve Prices,
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  • delay, suspension or cancellation. Id. at � 125. See Second Report and Order at 19157, � 236 (1997). See Part 1 Order, 12 FCC Rcd at 5697-98, � 16 (1997). See Implementation of Section 309(j) of the Communications Act-Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2378-79, �� 171-176 (1994). See 47 C.F.R. � 1.2104(i). See Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141 (1998). See, e.g., Auction of 800 MHz SMR, Minimum Opening Bids or Reserve Prices, DA 97-2147, Order, 12 FCC
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  • delay, suspension or cancellation. Id. at � 125. See Second Report and Order at 19157, � 236 (1997). See Part 1 Order, 12 FCC Rcd at 5697-98, � 16 (1997). See Implementation of Section 309(j) of the Communications Act-Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2378-79, �� 171-176 (1994). See 47 C.F.R. � 1.2104(i). See Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141 (1998). See, e.g., Auction of 800 MHz SMR, Minimum Opening Bids or Reserve Prices, DA 97-2147, Order, 12 FCC
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  • 175. Questions concerning the calculation and submission of down payments should be directed to Michelle Bennett or Gail Glasser at 202-418-1995. Withdrawal, default and disqualification payments. The Commission imposes payments on bidders that withdraw high bids during the course of an auction, or that default on payments due after an auction closes, or that are disqualified. See 47 C.F.R. �� 1.2104(g), 1.2109(c), 73.5004(a). In Auction No. 28, there were no bid withdrawals during the course of the auction. Bid Default/Disqualification Payments. If a high bidder defaults or is disqualified after the close of the auction, it will be subject to the following payment obligations: 1) the difference between the high bid and the amount of the winning bid the next time
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  • listed in Attachment A who fails to pay the balance of the winning bid(s) by the late payment deadline of May 4, 2000, will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicants will be assessed default payments as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Mass Media Bureau will announce the grant of those construction permits for which the Commission has received the timely final payment of the winning bid amount(s). Individual facility authorizations will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction 25 will be dismissed following grant
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-781A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-781A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-781A1.txt
  • limit the number of rounds in which bidders may place withdrawals to two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn in either of these rounds. Withdrawals during the auction will still be subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Bidders should note that abuse of the Commission's bid withdrawal procedures could result in the denial of the ability to bid on a market. If a high bid is withdrawn, the license will be offered in the next round at the second highest bid price, which may be less than, or equal to, in the case of tie bids, the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-989A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-989A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-989A1.txt
  • C.F.R. �� 1.2109(a), 90.1015(a). If Progeny fails to pay the balance of its winning bids by the late payment deadline of June 2, 2000, it will be considered in default on its licenses and subject to the applicable default payments. See 47 C.F.R. �� 1.2109(a), 90.1015(a). In such a case, Progeny will be assessed default payments as prescribed by sections 1.2104(g), 1.2109(b) and 90.1007 of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(b), 90.1007. Issuance of Individual Licenses Following the timely payment of the balance of the applicant's winning bid amount(s), the Commission will issue individual multilateration LMS licenses for each market to the applicant. Payment Instructions All payments must be made in U.S. currency in the form of a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-119A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-119A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-119A1.txt
  • limit the number of rounds in which bidders may place withdrawals to two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn in either of these rounds. Withdrawals during the auction will still be subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Bidders should note that abuse of the Commission's bid withdrawal procedures could result in the denial of the ability to bid on construction permits. If a high bid is withdrawn, the construction permit will be offered in the next round at the second highest bid price, which may be less than, or equal to, in the case of tie bids,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1324A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1324A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1324A1.txt
  • handling of delinquent debts, and a penalty charge in the amount permitted by law. The penalty charge for delinquent debt payments permitted by 31 U.S.C. � 3717 currently is 6 percent a year for the failure to pay any part of the debt more than 90 days past due. ORDERING CLAUSES It is ORDERED that pursuant to Section 24.704, 24.708, 1.2104, 1.2109 of the Commission's rules, CHPCS is assessed a final default payment in the amount of $202,954,905.00 for license B347, $5,167,530.00 for license B124, $3,378,709.55 for license B144, $7,410,075.00 for license B222, $1,195,376.57 for license B322, $4,408,583.89 for license B362, $2,160,928.82 for license B420, and $5,239,711.18 for license B486 as computed in Attachment A. It is FURTHER ORDERED that CHPCS's
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  • 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. As shown in Attachment A, the winning bids in the subsequent auction were less than Motorola's withdrawn bids. Accordingly, in accordance with Section 1.2104 of the Commission's rules, Motorola is assessed a final withdrawal payment for license MEA049 in the amount of $3,500.00 and a final withdrawal payment for license MEA051 in the amount of $1,500.00. The Commission has previously deducted an interim withdrawal payment of $450.00 from the funds on deposit with the Commission. Accordingly, Motorola is ordered to make a payment of
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  • Liberty fails to pay the balance of its winning bid by the late payment deadline of June 25, 2001, it will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules; it will in that event be assessed a default payment as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By subsequent Public Notice, upon the Commission's timely receipt of the final payment of the winning bid amount and Liberty's compliance with all applicable payment procedures, the Mass Media Bureau will announce the grant of the construction permit to Liberty. Its facility authorization will be issued shortly thereafter. The dismissal of the applications of the unsuccessful competing
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1400A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1400A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1400A1.txt
  • Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2378-79, �� 171-176 (1994). All population figures are from the 4/1/90 U.S. Census, U.S. Department of Commerce, Bureau of the Census. Results below $10,000 are rounded to the nearest hundred; results above $10,000 are rounded to the nearest thousand. See 47 C.F.R. � 1.2104(i). To ensure randomness, we will use a National Institute of Standards and Technology (``NIST'') tested pseudorandom generator. See 47 U.S.C. � 309(j) (as amended by Budget Act, Section 3002(a)). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1433A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1433A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1433A1.txt
  • winning bidders in Auction No. 39 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover 1) down payments on winning bids, and 2) payments for withdrawn bids, if applicable. If a winning bidder's upfront payment is not sufficient to meet both of these requirements, the winning bidder must deposit additional funds. See 47 C.F.R. �� 1.2104(g),1.2107(b). The amount now due from each winning bidder, if any, is set out in the last column of Attachment B. Note that a payment and FCC Form 159 are necessary only if a winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down payment
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  • See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on June 29, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses are not required to submit a separate application for each market if all filing requirements associated with the application are identical except for the market designator and market name. Under these circumstances, applicants may submit one FCC Form 601
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  • See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on June 29, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An Applicant seeking tribal lands bidding credits in
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  • listed in Attachment A who fails to pay the balance of the winning bid by the late payment deadline of July 18, 2001, will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicants will be assessed default payments as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Mass Media Bureau will announce the grant of the construction permit for which the Commission has received the timely final payment of the winning bid amount. An individual facility authorization will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction 25 will be dismissed following
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  • in Attachment A fails to pay the balance of its winning bid by the late payment deadline of July 26, 2001, they will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicant will be assessed a default payment as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Mass Media Bureau will announce the grant of the construction permit if the Commission has received the timely final payment of the winning bid amount. A facility authorization will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction No. 25 will be dismissed following grant
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1527A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1527A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1527A1.txt
  • Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2378-79, �� 171-176 (1994). All population figures are from the 4/1/90 U.S. Census, U.S. Department of Commerce, Bureau of the Census. Results below $10,000 are rounded to the nearest hundred; results above $10,000 are rounded to the nearest thousand. See 47 C.F.R. � 1.2104(i). To ensure randomness, we will use a National Institute of Standards and Technology (``NIST'') tested pseudorandom generator. See 47 U.S.C. � 309(j) (as amended by Budget Act, Section 3002(a)). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-155A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-155A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-155A1.txt
  • it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). A winning bidder listed on Attachment A who fails to pay the balance of its winning bid by the late payment deadline of February 19, 2001, will be considered in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-155A1_Erratum.doc
  • it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). A winning bidder listed on Attachment A who fails to pay the balance of its winning bid by the late payment deadline of February 19, 2001, will be considered in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
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  • in Attachment A fails to pay the balance of its winning bid by the late payment deadline of August 1, 2001, they will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicant will be assessed a default payment as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Mass Media Bureau will announce the grant of the construction permit if the Commission has received the timely final payment of the winning bid amount. A facility authorization will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction No. 25 will be dismissed following grant
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1592A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1592A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1592A1.txt
  • remove a bid. However, in later rounds, a bidder may withdraw standing high bids from previous rounds using the ``withdraw bid'' function (assuming that the bidder has not exhausted its withdrawal allowance). A high bidder that withdraws its standing high bid from a previous round during the auction is subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). In previous auctions, we have detected bidder conduct that, arguably, may have constituted strategic bidding through the use of bid withdrawals. While we continue to recognize the important role that bid withdrawals play in an auction, i.e., reducing risk associated with efforts to secure various licenses in combination, we conclude that, for Auction No. 41, adoption of a limit on
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  • most and have the financial qualifications necessary to construct operational systems and provide service. Citifone's failure to remit the required final payment within ten business days after the release of the Prepared to Grant Public Notice directing it to do so renders it in default. As a result, Citifone now is subject to the default payment provisions specified in section 1.2104(g) of the Commission's rules. Specifically, Citifone is liable for a default payment equal to the difference between the amount that it bid and the amount of the winning bid the next time the spectrum associated with the defaulted license is auctioned by the Commission. Citifone is also liable for an additional payment equal to three percent of its defaulted bid
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  • With respect to Access's withdrawal in Auction No. 33, the Commission has previously deducted an interim withdrawal payment of $60,795.00 from the funds on deposit with the Commission. As shown in Attachment A, the net winning bid amount, $3,831,000.00, in the subsequent auction of license MEA012(A) was greater than Access' net withdrawn bid amount, $2,026,500.00. Therefore, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund the payor(s) of record the $60,795.00 withheld in connection with license MEA012(A). To obtain a refund, the payor(s) of record should follow the instructions set forth in Attachment B. If you have additional questions or require further information, please contact Howard C. Davenport in the Auctions and Industry Analysis Division
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1785A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1785A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1785A1.txt
  • also pays a late fee equal to five percent of the amount due. See 47 C.F.R. �� 1.2109(a), 24.711(a)(2), 24.716(a)(2). A winning bidder listed on Attachment A who fails to pay the balance of its winning bid by the late payment deadline of August 24, 2001, will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c), 24.708(b). Such applicants will be assessed default penalties as prescribed by sections 1.2104(g), 1.2109(c), and 24.708(b) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c), 24.708(b). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1789A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1789A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1789A1.txt
  • remove a bid. However, in later rounds, a bidder may withdraw standing high bids from previous rounds using the ``withdraw bid'' function (assuming that the bidder has not exhausted its withdrawal allowance). A high bidder that withdraws its standing high bid from a previous round during the auction is subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). In previous auctions, we have detected bidder conduct that, arguably, may have constituted strategic bidding through the use of bid withdrawals. While we continue to recognize the important role that bid withdrawals play in an auction, i.e., reducing risk associated with efforts to secure various licenses in combination, we conclude that, for Auction No. 42, adoption of a limit on
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  • necessary to bring its total deposits up to twenty percent of its high bid(s). Section 1.2109(b) of the Commission's rules provides that if a winning bidder fails to remit the required down payment within the time allowed, the bidder will be in default, its application will be dismissed, and it will be liable for the default payment specified in � 1.2104(g)(2). TPS seeks a waiver of these rules. 7. The Commission may grant a waiver request if it is demonstrated that (1) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (2) the ``unique or unusual circumstances
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1849A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1849A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1849A1.txt
  • with the Commission: MEA014(B) Pegasus Guard Band $32,880.00 MEA028(B) Pegasus Guard Band $54,990.00 MEA034(B) Pegasus Guard Band $25,800.00 MEA037(B) Pegasus Guard Band $33,750.00 MEA048(B) Pegasus Guard Band $14,430.00 $161,850.00 As shown in Attachment A, in each instance, the net winning bids in the subsequent auction of the licenses was greater than Pegasus' net withdrawn bids. Therefore, in accordance with Section 1.2104 of the Commission's rules, the Commission refunded to the payor(s) of record the $161,850.00 withheld in connection with these licenses. If you have additional questions or require further information, please contact Howard C. Davenport in the Auctions and Industry Analysis Division at (202) 418-0660. Sincerely, Margaret W. Wiener, Chief Auctions and Industry Analysis Division ATTACHMENT A 700 MHz Guardband Auction
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-191A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-191A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-191A1.txt
  • listed in Attachment A fail to pay the balance of their winning bids by the late payment deadline of February 26, 2001, they will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicants will be assessed default payments as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Mass Media Bureau will announce the grant of the construction permits if the Commission has received the timely final payment 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 25 will be dismissed following grant of the
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  • $150,000.00 upfront payment. The Commission has not held a subsequent auction for these licenses. On October 7, 1999, Auction Group submitted a letter requesting a refund of its $2,937.00 interim bid withdrawal payment. In its request, Auction Group contends that the Commission's rules do not permit the retention of a three-percent interim bid withdrawal payment. Auction Group argues that Section 1.2104(g), the bid withdrawal rule, simply provides that the withdrawing bidder must pay the difference between the withdrawn bid and the subsequent winning bid and does not provide for a three-percent interim bid withdrawal payment. Accordingly, Auction Group requests a refund of its $2,937.00 interim bid withdrawal payment. Discussion. Under the Commission's rules, a bidder who withdraws a high bid during
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2060A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2060A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2060A1.txt
  • listed in Attachment A who fails to pay the balance of the winning bid by the late payment deadline of October 1, 2001, will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicants will be assessed default payments as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Mass Media Bureau will announce the grant of the construction permit for which the Commission has received the timely final payment of the winning bid amount. An individual facility authorization will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction No. 25 will be dismissed
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  • that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). A winning bidder listed on Attachment A who fails to pay the balance of its winning bid by the late payment deadline of October 2, 2001, will be in default and subject to applicable default payments. See 47 C.F.R. � 1.2104(g). Such applicants will be assessed default penalties as prescribed by section 1.2104(g) of the Commission's rules. See 47 C.F.R. � 1.2104(g). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2076A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2076A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2076A1.txt
  • Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2378-79, �� 171-176 (1994). All population figures are from the 4/1/90 U.S. Census, U.S. Department of Commerce, Bureau of the Census. Results below $10,000 are rounded to the nearest hundred; results above $10,000 are rounded to the nearest thousand. See 47 C.F.R. � 1.2104(i). To ensure randomness, we will use a National Institute of Standards and Technology (``NIST'') tested pseudorandom algorithm. See 47 U.S.C. � 309(j) (as amended by Budget Act, Section 3002(a)). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2092A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2092A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2092A1.txt
  • 1.2109(a). 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). See 47 C.F.R. � 1.2109(a). See 47 C.F.R. �� 1.2104(g)(2) (as amended), 1.2109, 1.2107(b), 101.1105; see also Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, DA 96-481, Public Notice, 11 FCC Rcd 10853 (1996). See 47 C.F.R. � 1.2104(g)(2). See 47 C.F.R. � 1.2106(e). 7 Copies of the FCC Form 159 may be obtained by calling the Commission's Forms Distribution Center at 1-800-418-3676 (outside Washington, D.C.) or 202-418-3676 (in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-210A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-210A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-210A1.txt
  • a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). A winning bidder listed on Attachment A who fails to pay the balance of its winning bid by the late payment deadline of February 26, 2001, will be considered in default and subject to the applicable default payments. See 47 C.F.R. �� 90.905, 90.909(b), 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as prescribed by sections 90.905, 90.909(b), 1.2104(g), and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 90.905, 90.909(b), 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-211A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-211A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-211A1.txt
  • in Auction No. 35 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids, if applicable. If a winning bidder's upfront payment is not sufficient to meet both of these requirements, the winning bidder must deposit additional funds. See 47 C.F.R. �� 1.2104(g), 1.2107(b). The amount now due from each winning bidder, if any, is set out in the last column of Attachment B. Note that a payment and FCC Form 159 are necessary only if a winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-211A5.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-211A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-211A5.txt
  • of information furnished in a pending application. See 47 C.F.R. � 1.65. An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on February 12, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in section 1.2104(g) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses are not required to submit a separate application for each market if all filing requirements associated with the application are identical except for the market designator and market name. Under these circumstances, applicants may submit one FCC Form 601
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2216A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2216A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2216A1.txt
  • pays a late fee equal to five percent of the amount due. See 47 C.F.R. �� 1.2109(a), 24.711(a)(2), 24.716(a)(2). If the winning bidder listed on Attachment A fails to pay the balance of its winning bids by the late payment deadline of October 22, 2001, it will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c), 24.708(b). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g), 1.2109(c), and 24.708(b) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c), 24.708(b). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2285A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2285A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2285A1.txt
  • as are necessary to bring its total deposits up to twenty percent of its high bid(s). Section 1.2109(b) of the Commission's rules provides that a winning bidder who fails to timely remit the required down payment will be deemed to have defaulted, its applications will be dismissed, and it will be liable for the default payment obligations specified in section 1.2104(g)(2). The Commission strictly enforces its initial down payment rules because these requirements serve critical underlying competitive bidding purposes that are essential to the auction process. For instance, section 1.2107(b) of the rules promotes auction integrity by ensuring that a winning bidder assumes a binding obligation to pay its full bid amount at the close of an auction. Furthermore, imposing prompt
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2315A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2315A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2315A1.txt
  • remove a bid. However, in later rounds, a bidder may withdraw standing high bids from previous rounds using the ``withdraw bid'' function (assuming that the bidder has not exhausted its withdrawal allowance). A high bidder that withdraws its standing high bid from a previous round during the auction is subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). In previous auctions, we have detected bidder conduct that, arguably, may have constituted strategic bidding through the use of bid withdrawals. While we continue to recognize the important role that bid withdrawals play in an auction, i.e., reducing risk associated with efforts to secure various licenses in combination, we conclude that, for Auction No. 43, adoption of a limit on
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2404A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2404A1.txt
  • Ten-Day Petition to Deny Period," Public Notice, 16 FCC Red 2339 (rel. Jan. 29, 2001); see also Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licenses, WT Docket No. 97-82, Sixth Report and Order and Order on Reconsideration, 15 FCC Red 16266 (2000) ("C/F Block Sixth Report and Order"). 19 47C.F.R. �� 1.2109(b), 24.704, 1.2104(g)(2)(1996). 20 47 C.F.R. �24.704(1996). -- Id. 22 Note that licenses B172, B188, and B224 were reconfigured in Auction No. 35 into three 10 MHz licenses. C/F Block Sixth Report and Order, 15 FCC Red 16266 (2000). 23 The first component of the default payment is the difference between the original net winning bid and the subsequent net winning bid or
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2429A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2429A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2429A1.txt
  • winning bidders in Auction No. 41 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover 1) down payments on winning bids, and 2) payments for withdrawn bids, if applicable. If a winning bidder's upfront payment is not sufficient to meet both of these requirements, the winning bidder must deposit additional funds. See 47 C.F.R. �� 1.2104(g),1.2107(b). The amount now due from each winning bidder, if any, is set out in the last column of Attachment B. Note that a payment and FCC Form 159 are necessary only if a winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down payment
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2429A5.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2429A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2429A5.txt
  • See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on November 1, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An Applicant seeking tribal lands bidding credits in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2480A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2480A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2480A1.txt
  • Commission's rules provide that a "winning bidder who is found unqualified to be a licensee or defaults or is disqualified for any reason after having made the required down payment, will be deemed to have defaulted," and will be liable for certain default payment obligations. As a result, Trompex now is subject to the default payment provisions specified in section 1.2104(g)(2) of the Commission's rules. Specifically, Trompex is liable for a default payment equal to the difference between the amount that it bid and the amount of the winning bids the next time the spectrum associated with the defaulted licenses is auctioned by the Commission. Trompex is also liable for an additional payment equal to three percent of its defaulted bid
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2605A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2605A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2605A1.txt
  • 125. See also Broadcast First Report and Order, 13 FCC Rcd at 15967-68, �� 127-28. See Part 1 Order, 12 FCC Rcd at 5697-98, � 16 (1997). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding , PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2378-79, �� 171-76 (1994). See 47 C.F.R. � 1.2104(i). See Balanced Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC Rcd at 454-55, � 141 (1998). See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening Bids or Reserve Prices,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2632A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2632A1.txt
  • pays a late fee equal to five percent of the amount due. See 47 C.F.R. �� 1.2109(a), 24.711(a)(2), 24.716(a)(2). If the winning bidder listed on Attachment A fails to pay the balance of its winning bids by the late payment deadline of December 12, 2001, it will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c), 24.708(b). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g), 1.2109(c), and 24.708(b) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c), 24.708(b). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2709A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2709A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2709A1.txt
  • Benkelman Telephone Company, et al. v. Federal Communications Commission, 220 F.3d 601 (D.C. Cir. 2000), petition for rehearing denied (Oct. 25, 2001) (concluding that the Commission's obligation to avoid mutual exclusivity under Section 309(j)(6)(E) did not foreclose adoption of a new licensing scheme that could result in the filing of mutually exclusive applications). 47 U.S.C. � 309(j)(3). 47 C.F.R. � 1.2104(g)(2). 47 C.F.R. � 0.331. Mr. Carl W. Northrop December 21, 2001 Washington, DC 20554 Q R S T � S T S T ���� ���� z���з�J֜I@�(J���PNG D �-~�� 8�)� 1��.�"� i�7 ��>�- rt2 ; X�0~B�e6%����70o�B(R)x�oG�� �k��"a �n�"W -1��$�7'����2 o S�ڟCj���F`�mAb3;��?�δã�z~�|����~:2��BÄ���  ��2� ����" ��� +� bK`�˯� � �����v'�B-�7sp?$ � ����)} �� �s���-�U�(� �� ��T��`��:�I�a�D"M+ �%i� n�� 0:*�� ��Ԩ�h8R� �� �E�x�΂`�D����#pWQ%m�m3Xķ���N<�{�1
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2726A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2726A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2726A1.txt
  • pays a late fee equal to five percent of the amount due. See 47 C.F.R. �� 1.2109(a), 24.711(a)(2), 24.716(a)(2). If the winning bidder listed in Attachment A fails to pay the balance of its winning bids by the late payment deadline of December 20, 2001, it will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c), 24.708(b). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g), 1.2109(c), and 24.708(b) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c), 24.708(b). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2763A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2763A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2763A1.txt
  • any applicable late fees. A winning bidder that is found unqualified to be a licensee, fails to remit the balance of its winning bid in a timely manner, or defaults or is disqualified for any reason after having made the required down payment, will be deemed to have defaulted and will be liable for the payment set forth in Section 1.2104(g)(2). In such event, the Commission may either auction the spectrum to existing or new applicants or offer it to the other highest bidders (in descending order) at their final bids. Additionally, bidders that are found to have violated the antitrust laws or the Commission's rules in connection with their participation in the competitive bidding process may be subject, in addition
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2763A5.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2763A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2763A5.txt
  • See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on December 14, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104 of the Commission's Rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An applicant seeking tribal lands bidding credits in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2776A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2776A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2776A1.txt
  • listed in Attachment A who fails to pay the balance of the winning bid by the late payment deadline of December 31, 2001, will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicants will be assessed default payments as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Mass Media Bureau will announce the grant of the construction permit for which the Commission has received the timely final payment of the winning bid amount. An individual facility authorization will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction No. 25 will be dismissed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2858A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2858A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2858A1.txt
  • winning bidders in Auction No. 40 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover 1) down payments on winning bids, and 2) payments for withdrawn bids, if applicable. If a winning bidder's upfront payment is not sufficient to meet both of these requirements, the winning bidder must deposit additional funds. See 47 C.F.R. �� 1.2104(g),1.2107(b). The amount now due from each winning bidder, if any, is set out in the last column of Attachment B. Note that a payment and FCC Form 159 are necessary only if a winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down payment
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2858A6.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2858A6.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2858A6.txt
  • See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on December 27, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An applicant seeking tribal lands bidding credits in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2882A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2882A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2882A1.txt
  • remove a bid. However, in later rounds, a bidder may withdraw standing high bids from previous rounds using the ``withdraw bid'' function (assuming that the bidder has not exhausted its withdrawal allowance). A high bidder that withdraws its standing high bid from a previous round during the auction is subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Note: Once a withdrawal is placed during a round, that withdrawal cannot be unsubmitted. In previous auctions, we have detected bidder conduct that, arguably, may have constituted strategic bidding through the use of bid withdrawals. While we continue to recognize the important role that bid withdrawals play in an auction, i.e., reducing risk associated with efforts to secure various construction
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2884A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2884A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2884A1.txt
  • respect to your bid withdrawal in Auction No. 22, the Commission has previously deducted an interim withdrawal payment of $700.00 from the funds on deposit with the Commission. As shown in Attachment A, the net winning bid amount, $668,750.00, in the subsequent auction of license BTA221C was greater than your net withdrawn bid amount, $23,348. Therefore, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the $700.00 withheld in connection with license BTA221C. To obtain a refund, the payor(s) of record must submit a request(s) in accordance with the instructions set forth in Attachment B. If you have additional questions or require further information, please contact Christopher M. Shields in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-477A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-477A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-477A1.txt
  • 125. See Part 1 Order, 12 FCC Rcd at 5697-98, � 16 (1997); see also Part 1 Third Report and Order, 13 FCC Rcd at 425, � 86. See Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2378-79, �� 171-176 (1994). See 47 C.F.R. � 1.2104(i). See Balanced Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141 (1998). See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening Bids or Reserve Prices,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-478A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-478A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-478A1.txt
  • their FCC Form 175. Questions concerning the calculation and submission of down payments should be directed to Gail Glasser at 202-418-1995. D. Withdrawal, Default and Disqualification Payments. The Commission imposes payments on bidders that withdraw high bids during the course of an auction, default on payments due after an auction closes, or those that are disqualified. See 47 C.F.R. �� 1.2104(g), 1.2109. 1. Bid Withdrawal Payments. A bidder (Bidder X) that withdraws a high bid during the course of an auction is subject to a bid withdrawal payment equal to the difference between the amount withdrawn and the amount of the subsequent winning bid. No withdrawal payment will be assessed for a withdrawn bid if either the subsequent winning bid or
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-478A5.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-478A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-478A5.txt
  • See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on March 8, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses are not required to submit a separate application for each market if all filing requirements associated with the application are identical except for the market designator and market name. Under these circumstances, applicants may submit one FCC Form 601
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  • relating to auction delay, suspension or cancellation. Id. at � 125. See Part 1 Order, 12 FCC Rcd at 5697-98, � 16. See Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2378-79, �� 171-176 (1994) (``Competitive Bidding Second Report and Order''). See 47 C.F.R. � 1.2104(i). Revision of Part 22 and Part 90 of the Commission's Rules to Facilitate Future Development of Paging Systems, Second Report and Order and Further Notice of Proposed Rulemaking, 12 FCC Rcd 2732, 2786, � 106 (1997) (``Paging Second Report and Order''). To ensure randomness, we will use a National Institute of Standards and Technology (``NIST'') tested pseudorandom generator. See 47
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  • listed in Attachment A who fails to pay the balance of the winning bid(s) by the late payment deadline of April 9, 2001, will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicants will be assessed default payments as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Mass Media Bureau will announce the grant of those construction permits for which the Commission has received the timely final payment of the winning bid amount(s). Individual facility authorizations will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction 25 will be dismissed following grant
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  • licenses for both blocks in any geographic service area. The bidding software does not restrict bidders from bidding on both licenses in any market, therefore each bidder is responsible for ensuring that they are in compliance with the above rule. Compliance with Section 27.604 may subject a bidder bidding on or winning both licenses to a withdrawal payment under Section 1.2104(g)(1) or default penalty under Section 1.2104(g)(2). Long-Form Applications: Applicants that claim status as a small or very small business should be aware that at the long-form application stage, they will be subject to more extensive reporting requirements contained in the Commission's Part 1 ownership disclosure rule. In addition, applicants with foreign ownership interests will be required to comply with 47
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  • 1.2109(a). 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). See 47 C.F.R. � 1.2109(a). See 47 C.F.R. �� 1.2104(g)(2) (as amended), 1.2109, 1.2107(b), 101.1105; see also Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, DA 96-481, Public Notice, 11 FCC Rcd 10853 (1996). See 47 C.F.R. � 1.2104(g)(2). See 47 C.F.R. � 1.2106(e). 7 Copies of the FCC Form 159 may be obtained by calling the Commission's Forms Distribution Center at 1-800-418-3676 (outside Washington, D.C.) or 202-418-3676 (in
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  • it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). A winning bidder listed on Attachment A who fails to pay the balance of its winning bid by the late payment deadline of April 16, 2001, will be considered in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c), 90.905(c). Such applicants will be assessed default penalties as prescribed by sections 1.2104(g), 1.2109(c) and 90.905(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c), 90.905(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment
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  • limit the number of rounds in which bidders may place withdrawals to two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn in either of these rounds. Withdrawals during the auction will still be subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Bidders should note that abuse of the Commission's bid withdrawal procedures could result in the denial of the ability to bid on a market. If a high bid is withdrawn, the license will be offered in the next round at the second highest bid price, which may be less than, or equal to, in the case of tie bids, the
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  • and F Block Broadband PCS Licenses, Notice and Filing Requirements for Auction of C, D, E, and F Block Broadband Personal Communications Services Licenses Scheduled for March 23, 1999, Minimum Opening Bids and Other Procedural Issues, Public Notice, DA 98-2604, 13 FCC Rcd 24540 (1998). See 47 C.F.R. � 20.6(e)(4) (1999). See 47 C.F.R. � 1.2107(b)-(c). See 47 C.F.R. � 1.2104(g)(2). Petition at 5. See PCS MO&O, 9 FCC Rcd at 4984, � 67 (1994); 47 C.F.R. � 24.204 (1994). Petition at 5. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7869, � 94 (1996). (continued....) Federal Communications
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  • also pays a late fee equal to five percent of the amount due. See 47 C.F.R. �� 1.2109(a), 24.711(a)(2), 24.716(a)(2). A winning bidder listed on Attachment A who fails to pay the balance of its winning bid by the late payment deadline of May 4, 2001, will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c), 24.708(b). Such applicants will be assessed default penalties as prescribed by sections 1.2104(g), 1.2109(c), and 24.708(b) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c), 24.708(b). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment
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  • listed in Attachment A who fails to pay the balance of the winning bid(s) by the late payment deadline of May 11, 2001, will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicants will be assessed default payments as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Mass Media Bureau will announce the grant of those construction permits for which the Commission has received the timely final payment of the winning bid amount(s). Individual facility authorizations will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction 25 will be dismissed following grant
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  • that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). A winning bidder listed in Attachment A who fails to pay the balance of its winning bid(s) by the late payment deadline of May 16, 2001, will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
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  • that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). A winning bidder listed in Attachment A who fails to pay the balance of its winning bid(s) by the late payment deadline of May 16, 2001, will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
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  • that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). A winning bidder listed in Attachment A who fails to pay the balance of its winning bid(s) by the late payment deadline of June 28, 2002 will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such an applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be
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  • the right to deny Paris' waiver request, reject Paris' application, and find Paris not qualified to bid with respect to any license in Auction No. 45 based on that determination. If the Bureau ultimately denies Paris' waiver request, Paris would be in default on any license for which it is the winning bidder, and subject to default payments under Sections 1.2104(g) and 1.2109(c) of the Commission's rules. 47 C.F.R. �� 1.2104(g), 1.2109(c). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov �� ���PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu�� �2~��y=��b��"���05 X� ?''z[�'';: ''@�/'", �Z!� g$!���H (c)� � .[�'' �� �]�' ��7���`�~�;
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  • at least as many bidding units of eligibility as there are bidding units available in the auction, we may consider the percentage of bidding units of the total eligibility receiving new high bids, not the percentage of bidding units available in the auction receiving new high bids, when monitoring activity for determining when to change stages. See 47 C.F.R. � 1.2104(i). See 47 U.S.C. � 309(j) (as amended by Balanced Budget Act, Section 3002(a)). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141. See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band,
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  • any applicable late fees. A winning bidder that is found unqualified to be a licensee, fails to remit the balance of its winning bid in a timely manner, or defaults or is disqualified for any reason after having made the required down payment, will be deemed to have defaulted and will be liable for the payment set forth in Section 1.2104(g)(2). In such event, the Commission may either auction the license(s) to existing or new applicants or offer it to the other highest bidders (in descending order) at their final bids. Additionally, bidders that are found to have violated the antitrust laws or the Commission's rules in connection with their participation in the competitive bidding process may be subject, in addition
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  • See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on June 20, 2002, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An applicant seeking tribal lands bidding credits in
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  • limit the second down payment for licensees that qualify as a small business (which Two Way Radio does) to five percent of the net winning bid. See 47 C.F.R � 90.811. Accordingly, Two Way Radio must pay as its second down payment only another five (5) percent of its winning bids. See 47 C.F.R. � 1.2110. See 47 C.F.R. � 1.2104. See 47 C.F.R. �� 1.2110, 1.2104(g). See 47 C.F.R. � 90.812 (1996). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov �� ����PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu�� �2~��y=��b��"���05 X� ?''z[�'';: ''@�/'", �Z!� g$!���H (c)� � .[�'' �� �]�'
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  • upfront payments for the auction do not purchase at least as many bidding units of eligibility as there are bidding units available in the auction, we may consider the percentage of bidding units of the total eligibility receiving new high bids, and not the percentage of bidding units available in the auction receiving new high bids. See 47 C.F.R. � 1.2104(i). Revision of Part 22 and Part 90 of the Commission's Rules to Facilitate Future Development of Paging Systems, Second Report and Order and Further Notice of Proposed Rulemaking, 12 FCC Rcd 2732, 2786, � 106 (1997) (``Paging Second Report and Order''). See 47 U.S.C. � 309(j) (as amended by Balanced Budget Act, Section 3002(a)). The Commission's authority to establish a
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  • for licenses B372 and B392. As shown on Attachment A, in Auction No. 23, the subsequent auction of licenses B372 and B392, the winning bid amount of $932,800 for license B372 was greater than New Wave's defaulted bid and the winning bid amount of $237,600 for license B392 was greater than New Wave's defaulted bid. Therefore, in accordance with Section 1.2104 of the Commission's rules, New Wave is assessed a final default payment with respect to license B372 in the amount of $14,124 and a final default payment with respect to license B392 in the amount of $3,944. After applying the interim default payments, no outstanding balance is owed to the Commission. Accordingly, the Commission is prepared to refund the payor(s)
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  • Form 175. Questions concerning the calculation and submission of down payments should be directed to Gail Glasser at 202-418-1995. D. Withdrawal, Default and Disqualification Payments The Commission imposes payments on bidders that withdraw high bids during the course of an auction, those that default on payments due after an auction closes, or those that are disqualified. See 47 C.F.R. �� 1.2104(g), 1.2109. 1. Bid Withdrawal Payments. A bidder (Bidder X) that withdraws a high bid during the course of an auction is subject to a bid withdrawal payment equal to the difference between the amount withdrawn and the amount of the subsequent winning bid. No withdrawal payment will be assessed for a withdrawn bid if either the subsequent winning bid or
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  • See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on February 5, 2002, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An applicant seeking tribal lands bidding credits in
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  • on license BEA013C from the funds on deposit with the Commission because both licenses remained unsold at the end of the auction. As shown in Attachment A, in Auction No. 24, the subsequent auction of both licenses, the winning bid amount of $13,000.00 for license BEA 013B was less than your withdrawn bid amount of $30,550.00. In accordance with Section 1.2104 of the Commission's rules, you are assessed a final bid withdrawal payment of $17,550.00 in connection with license BEA 013B. Additionally, as shown in Attachment A, the Auction No. 24 winning bid amount of $14,300.00 for license BEA 013C was less than your withdrawn bid amount of $29,250.00. In accordance with Section 1.2104 of the Commission's rules, you are assessed
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  • Auction No. 18, interim bid withdrawal payments equal to three percent (3%) of the net amount of the withdrawn bids were deducted from any up-front payments or down payments deposited for Intek's account with the Commission. The cumulative sum of these interim bid withdrawal payments is $51,204.00 as shown in Attachment A to this letter. Therefore, in accordance with Section 1.2104 of the Commission's rules, after applying the interim bid withdrawal payments of $51,204.00, Intek owes an outstanding balance of $78,696.00 in connection with the licenses it withdrew high bids on in Auction No. 18. Sum of Final Bid Withdrawal Payments $ 129,900.00 Less sum of Interim Withdrawal Payments $ 51,204.00 Total amount due $ 78,696.00 As a result, Intek is
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  • it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). If the winning bidder listed on Attachment A fails to pay the balance of its winning bids by the late payment deadline of August 9, 2002, it will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
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  • of $49.00 from the funds on deposit with the Commission because license BEA 056B remained unsold at the conclusion of the auction. As shown in Attachment A, in Auction No. 24, the subsequent auction of license BEA 056B, the net winning bid of $1,495.00 for the license was less than Intellicom's net withdrawn bid of $1,625.00. In accordance with Section 1.2104 of the Commission's rules, Intellicom owes a final withdrawal payment of $130.00 in connection with license BEA 056B. After applying the interim bid withdrawal payment of $49.00, Intellicom owes an outstanding balance of $81.00. Intellicom is in debt to the United States in the amount of $81.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C.
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  • that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). A winning bidder listed in Attachment A who fails to pay the balance of its winning bid(s) by the late payment deadline of August 21, 2002 will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such an applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be
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  • Land Credits. Default and Disqualification Any high bidder that defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the license or offer it to the next highest bidder (in descending order) at their final bid. In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, the Commission may declare the applicant and its principals ineligible to bid in future auctions, and may take any
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  • 2002), provided that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. �1.2109(a). A winning bidder listed in Attachment A who fails to pay the balance of its winning bid(s) by the late payment deadline of February 22, 2002, will be in default and subject to applicable default payments. See 47 C.F.R. ��1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. �1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire
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  • that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). A winning bidder listed in Attachment A that fails to pay the balance of its winning bid(s) by the late payment deadline of September 4, 2002 will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such an applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be
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  • six licenses were unsold at the end of Auction No. 34, interim bid withdrawal payments equal to three percent (3%) of the net amount of the withdrawn bids were deducted from any up-front payments or down payments deposited for Preferred's account with the Commission. The cumulative sum of these interim bid withdrawal payments is $23,401.00. Therefore, in accordance with Section 1.2104 of the Commission's rules, after applying the interim bid withdrawal payments of $23,401.00, Preferred owes an outstanding balance of $155,049.00 in connection with the licenses it withdrew high bids on in Auction No. 34. Sum of Final Bid Withdrawal Payments $178,450.00 Less sum of Interim Withdrawal Payments $ 23,401.00 Total amount due $155,049.00 As a result, Preferred is in debt
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  • in Attachment A, in Auction No. 24, the subsequent auction of the three licenses, the winning bid amounts for licenses BEA 080E and BEA 081E were each greater than Rush's withdrawn bids on these licenses and the winning bid amount of $3,330.00 for license BEA 085E was less than Rush's withdrawn bid amount of $4,810.00. Therefore, in accordance with Section 1.2104 of the Commission's rules, no final bid withdrawal payments are due for licenses BEA 080E and BEA 081E, and the Commission assesses a final bid withdrawal payment of $1,510.00 in connection with license BEA 085E. With respect to Rush's default on licenses BEA 053E, BEA 067E, BEA 099E, BEA 124E, BEA 125E, BEA 129E, BEA 132E, BEA 133E, BEA 134E,
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  • at least as many bidding units of eligibility as there are bidding units available in the auction, we may consider the percentage of bidding units of the total eligibility receiving new high bids, not the percentage of bidding units available in the auction receiving new high bids, when monitoring activity for determining when to change stages. See 47 C.F.R. � 1.2104(i). See 47 U.S.C. � 309(j) (as amended by Balanced Budget Act, Section 3002(a)). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141. See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band,
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  • that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). A winning bidder listed in Attachment A that fails to pay the balance of its winning bid(s) by the late payment deadline of September 18, 2002 will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such an applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be
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  • 154(j), 303(r), and 309(j), under authority delegated pursuant to Section 0.331 of the Commission's rules. Margaret W. Wiener Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau cc: Anne G. Crump, Esq. Joint Emergency Motion for Partial Stay of Central Wyoming College and the State Board of Education, State of Idaho (filed June 14, 2002). See, e.g., 47 C.F.R. �� 1.2104(g) (withdrawal, default, and disqualification payments), 1.2106 (requirement to submit upfront payments); 1.2107 (requirement of high bidders to submit downpayments). See 47 C.F.R. � 1.2110(b) (requirement of applicants to disclose gross revenues). Central Wyoming and the State Board's waiver requests are premised on a notion that, in seeking to obtain licenses included in the Auction No. 44 inventory without making any
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  • where necessary to ``terminat[e] a controversy or remov[e] uncertainty.'' Here, there is no uncertainty to be removed or controversy to be terminated, and a declaratory ruling is therefore unwarranted. Thus, the Greenville construction permit will be offered to MBN at its net final bid of $270,750. Delta is further subject to the default payment provisions specified in 47 C.F.R. � 1.2104(g). Specifically, Delta is liable for an amount equal to the difference between the amount that it bid and the amount of the subsequent winning bidder's high bid. In addition, Delta is liable for an amount equal to three percent of its defaulted bid or the subsequent winning bid, whichever is less. Delta's default payment will be calculated following resolution of
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  • provided it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). A winning bidder listed in Attachment A who fails to pay the balance of its winning bid(s) by the late payment deadline of September 30, 2002, will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such an applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be
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  • bidder's gross withdrawn bid and the subsequent gross winning bid, whichever is less. With respect to PERS' bid withdrawal in Auction No. 24, as shown in Attachment A, in Auction No. 43, the subsequent auction of license EAG004F, the winning bid amount of $78,000 for the license was less than PERS' withdrawn bid amount of $141,050. In accordance with Section 1.2104 of the Commission's rules, PERS owes a final bid withdrawal payment of $63,050 in connection with license EAG004F. Because license No. EAG004F was unsold at the close of Auction No. 24, the Commission has previously deducted an interim bid withdrawal payment of $4,232 from the funds on deposit with the Commission. Therefore, in accordance with Section 1.2104 of the Commission's
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  • Bureau to seek comment on and establish an appropriate auction design methodology prior to the start of each broadcast auction). See Part 1 Order, 12 FCC Rcd at 5697-98, � 16 (1997). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding, Second Report and Order, 9 FCC Rcd 2348, 2378-79, �� 171-176 (1994). See 47 C.F.R. � 1.2104(i). See Balanced Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141 (1998). See, e.g., Closed Broadcast Auction - Notice and Filing Requirements for Auction of AM, FM, TV, LPTV
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  • cancellation. Id. at � 125. Part 1 Order, 12 FCC Rcd at 5697-98, � 16; see Part 1 Third Report and Order, 13 FCC Rcd at 425, � 86. Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2378-79, �� 171-176 (1994). See 47 C.F.R. � 1.2104(i). See 47 U.S.C. � 309(j) (as amended by Balanced Budget Act, Section 3002(a)). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141. Bidders must have sufficient eligibility to place a bid on a license.
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  • the calculation and submission of down payments should be directed to Gail Glasser at 202-418-0578 or Tim Dates at 202-418-0496. Withdrawal, Default and Disqualification Payments The Commission imposes payments on bidders that withdraw high bids during the course of an auction, those that default on payments due after an auction closes, or those that are disqualified. See 47 C.F.R. �� 1.2104(g), 1.2109. 1. Bid Withdrawal Payments. A bidder (Bidder X) that withdraws a high bid during the course of an auction is subject to a bid withdrawal payment equal to the difference between the amount withdrawn and the amount of the subsequent winning bid. No withdrawal payment will be assessed for a withdrawn bid if either the subsequent winning bid or
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  • See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on October 4, 2002, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An applicant seeking tribal lands bidding credits in
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  • $ 13,400 Because the seven licenses were unsold at the close of Auction No. 20, interim bid withdrawal payments equal to three percent (3%) of the withdrawn bids were deducted from any upfront payments or down payments deposited for WJG's account with the Commission. The cumulative sum of these interim bid withdrawal payments is $3,900. Therefore, in accordance with Section 1.2104 of the Commission's rules, after applying the interim bid withdrawal payments of $3,900 to its final bid withdrawal payment obligations of $13,400, WJG owes an outstanding balance of $9,500. As a result, WJG is in debt to the United States in the amount of $9,500, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717,
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  • that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). A winning bidder listed in Attachment A that fails to pay the balance of its winning bid(s) by the late payment deadline of October 28, 2002 will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such an applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be
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  • to make its down payment by depositing with Mellon Bank in Pittsburgh, Pennsylvania, such funds as are necessary to bring its total deposits up to $54,150, twenty percent (20%) of its final net bid. If, after submitting its down payment, MBN defaults on its final payment or is disqualified, it shall be subject to the provisions of 47 C.F.R. � 1.2104(g). MBN timely deposited its 20% down payment on September 11, 2002. Under the Commission's rules, a bidder who fails to remit the required down or final payment for a license for which it was the high bidder is subject to a default payment. Each default payment is comprised of two parts. Under these circumstances, the first component is the difference
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  • bid. See Auction No. 31 Package Bidding Procedures Public Notice, 15 FCC Rcd at 11,550-51. Accordingly, the divisor for determining the average dollar per bidding unit includes all the bidding units in the auction, as described above. See 47 U.S.C. �309(j)(4)(F). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures; Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use, 4660-4685 MHz, WT Docket No. 97-82, ET Docket No. 94-32, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374, 455-456 �141 (1997) (``Part 1 Third Report and
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  • the auction. Default and Disqualification Any high bidder that defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the construction permit or offer it to the next highest bidder (in descending order) at their final bid. In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, the Commission may declare the applicant and its principals ineligible to bid in future auctions, and may take
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  • Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2378-79, �� 171-176 (1994). All population figures are from the 4/1/90 U.S. Census, U.S. Department of Commerce, Bureau of the Census. Results below $10,000 are rounded to the nearest hundred; results above $10,000 are rounded to the nearest thousand. See 47 C.F.R. � 1.2104(i). See 47 U.S.C. � 309(j) (as amended by Balanced Budget Act, Section 3002(a)). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141. See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum
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  • Notice"). The applicant name has been corrected for four of the applications listed in Attachment A. Auction No. 47 Comment Public Notice, Section I.A. Id. at Section II.B. See 47 U.S.C. � 309(j) (as amended by Balanced Budget Act, Section 3002(a)). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). Auction No. 47 Comment Public Notice, Section I.B. Id. at Section I-II. Comments and reply comments in response to this Public Notice may not be filed using the Commission's Electronic Comment Filing System, which is used for the Commission's docketed rule making proceedings. 47 C.F.R. �� 1.1200(a), 1.1206. 47 C.F.R. � 1.1206(b). Id. 7 8 a b 4
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  • it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). If the winning bidder listed in Attachment A fails to pay the balance of its winning bid by the late payment deadline of December 3, 2002 it will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
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  • 1.2110(f). by clicking on the Tribal Land Credits link. Default and Disqualification Any winning bidder that defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the license or offer it to the next highest bidder (in descending order) at its final bid. In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, the Commission may declare the applicant and its principals ineligible to bid in future auctions, and may take any
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  • $25,008.00. With respect to Mountain SMR's default on License E-172 A in Auction No. 16, as shown in Attachment A, in Auction No. 34, the subsequent auction of the license, the winning bid in the amount of $108,000 for E-172 A in Auction No. 34 was less than Mountain SMR's defaulted winning bid of $308,100.00. Therefore, in accordance with Section 1.2104 of the Commission's rules, Mountain SMR is assessed a final default payment of $203,340.00 in connection with its default on license E-172 A. As a result, Mountain SMR is in debt to the United States in the amount of $228,348.00 ($25,008.00 plus $203,340.00), payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt
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  • rounded to the nearest $1,000; results below $10,000 but above $1,000 are rounded to the nearest $100; and results below $1,000 are rounded to the nearest $10. For example, when monitoring activity for determining when to change stages, we may consider the percentage of bidding units of the licenses receiving new high bids, excluding any FCC-held licenses. 47 C.F.R. � 1.2104(i). 47 U.S.C. � 309(j) (as amended by Balanced Budget Act, Section 3002(a)). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141. See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening
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  • rounded to the nearest $1,000; results below $10,000 but above $1,000 are rounded to the nearest $100; and results below $1,000 are rounded to the nearest $10. For example, when monitoring activity for determining when to change stages, we may consider the percentage of bidding units of the licenses receiving new high bids, excluding any FCC-held licenses. 47 C.F.R. � 1.2104(i). 47 U.S.C. � 309(j) (as amended by Balanced Budget Act, Section 3002(a)). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141. See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening
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  • that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). A winning bidder listed in Attachment A who fails to pay the balance of its winning bid(s) by the late payment deadline of January 8, 2003 will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such an applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be
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  • that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). A winning bidder listed in Attachment A that fails to pay the balance of its winning bid(s) by the late payment deadline of January 8, 2003 will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such an applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be
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  • any applicable late fees. A winning bidder that is found unqualified to be a licensee, fails to remit the balance of its winning bid in a timely manner, or defaults or is disqualified for any reason after having made the required down payment, will be deemed to have defaulted and will be liable for the payment set forth in Section 1.2104(g)(2). In such event, the Commission may either auction the construction permit to existing or new applicants or offer it to the other highest bidders (in descending order) at their final bids. Additionally, bidders that are found to have violated the antitrust laws or the Commission's rules in connection with their participation in the competitive bidding process may be subject, in
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  • that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). A winning bidder listed in Attachment A who fails to pay the balance of its winning bid(s) by the late payment deadline of January 16, 2003 will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such an applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3494A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3494A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3494A1.txt
  • fails to pay the balance of its high bid by the late payment deadline of January 22, 2003, it will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. In such an event, it will also be assessed default payments as prescribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a). By public notice, the Media Bureau will announce the grant of Unity's construction permit after the Commission has received timely final payment of the high bid amount. An individual facility authorization will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b).
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  • their bank to Mellon Bank. Wire transfers for down payments must be received by Mellon Bank by 6:00 p.m. ET, on March 4, 2002. Winning bidders should coordinate with their bankers ahead of time regarding their wire transfers, and allow sufficient time for the wire transfer to be initiated and completed prior to the deadline. 1 See 47 C.F.R. �� 1.2104(g),1.2107(b). In the event a bidder has withdrawn a bid(s) and is subject to a bid withdrawal payment(s), the bidder's upfront payment will be first applied to satisfy the withdrawal payment(s) before being applied toward its down payment. 2 In cases where petitions to deny are filed, no final payment public notice shall be issued for the associated construction permits until
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  • later rounds, a bidder may withdraw standing high bids from previous rounds using the withdraw bid function in the Automated Auction System (assuming that the bidder has not exhausted its withdrawal allowance). A high bidder that withdraws its standing high bid from a previous round during the auction is subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Note: Once a withdrawal is placed during a round, that withdrawal cannot be unsubmitted. In previous auctions, we have detected bidder conduct that, arguably, may have constituted strategic bidding through the use of bid withdrawals. While we continue to recognize the important role that bid withdrawals play in an auction, i.e., reducing risk associated with efforts to secure various licenses
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  • remove a bid. However, in later rounds, a bidder may withdraw standing high bids from previous rounds using the ``withdraw bid'' function (assuming that the bidder has not exhausted its withdrawal allowance). A high bidder that withdraws its standing high bid from a previous round during the auction is subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Note: Once a withdrawal is placed during a round, that withdrawal cannot be unsubmitted. In previous auctions, we have detected bidder conduct that, arguably, may have constituted strategic bidding through the use of bid withdrawals. While we continue to recognize the important role that bid withdrawals play in an auction, i.e., reducing risk associated with efforts to secure various licenses
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  • the defaulted bid, the total default payment is equal to three percent of the defaulted bid. The winning bid in the subsequent auction for license EA 173B was less than CommPac's withdrawn bid on license EA 173B. The winning bid for license EA 173C was also less than CommPac's winning bid on license EA 173C. Accordingly, in accordance with Section 1.2104 of the Commission's rules, CommPac is assessed a final withdrawal payment for license EA 173B in the amount of $401,450.00 and a final default payment for license EA 173C in the amount of $335,410.00. CommPac's final withdrawal and default payments, combined, total $736,860.00. The Commission has previously deducted the interim withdrawal and default payments totaling $28,938.00 from the $110,266.00 CommPac
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  • pays a late fee equal to five percent of the amount due. See 47 C.F.R. �� 1.2109(a), 24.711(a)(2), 24.716(a)(2). If the winning bidder listed on Attachment A fails to pay the balance of its winning bids by the late payment deadline of April 1, 2002, it will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c), 24.708(b). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g), 1.2109(c), and 24.708(b) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c), 24.708(b). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-514A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-514A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-514A1.txt
  • listed in Attachment A who fails to pay the balance of the winning bid by the late payment deadline of April 4, 2002, will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicants will be assessed default payments as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Mass Media Bureau will announce the grant of the construction permit for which the Commission has received the timely final payment of the winning bid amount. An individual facility authorization will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction No. 25 will be dismissed
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  • remove a bid. However, in later rounds, a bidder may withdraw standing high bids from previous rounds using the ``withdraw bid'' function (assuming that the bidder has not exhausted its withdrawal allowance). A high bidder that withdraws its standing high bid from a previous round during the auction is subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Note: Once a withdrawal is placed during a round, that withdrawal cannot be unsubmitted. In previous auctions, we have detected bidder conduct that, arguably, may have constituted strategic bidding through the use of bid withdrawals. While we continue to recognize the important role that bid withdrawals play in an auction, i.e., reducing risk associated with efforts to secure various licenses
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  • 1.2109(a). 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). See 47 C.F.R. � 1.2109(a). See 47 C.F.R. �� 1.2104(g)(2)(as amended), 1.2109, 1.2107(b), 101.1105; see also Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (1996). See 47 C.F.R. � 1.2104(g)(2). See 47 C.F.R. � 1.2106(e). See 47 C.F.R. S 1.2109(b). > or by Fax-On-Demand at 202-418-2830. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 /
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  • payments, the Commission's standard Part 1 rules governing defaults will apply in Auction No. 31, e.g., section 1.2109, which gives the Commission discretion to either reauction a license or offer it to other highest bidders. See 47 C.F.R. �27.501(a) (except as otherwise provided, Part 1 rules apply to defaults); 47 C.F.R. � 1.2109(b). 47 C.F.R. � 27.501(b). 47 C.F.R. � 1.2104(g)(2). 47 C.F.R. � 27.501(b)(1). For example, if a bidder defaults on two bids, one for License A for $100 and one for License B for $150, and in a subsequent auction, the licenses are won as License A for $150 and License B for $120, the default payment would be calculated separately for License A (by comparing the original bid
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-659A2_Erratum.doc
  • payments, the Commission's standard Part 1 rules governing defaults will apply in Auction No. 31, e.g., section 1.2109, which gives the Commission discretion to either reauction a license or offer it to other highest bidders. See 47 C.F.R. �27.501(a) (except as otherwise provided, Part 1 rules apply to defaults); 47 C.F.R. � 1.2109(b). 47 C.F.R. � 27.501(b). 47 C.F.R. � 1.2104(g)(2). 47 C.F.R. � 27.501(b)(1). For example, if a bidder defaults on two bids, one for License A for $100 and one for License B for $150, and in a subsequent auction, the licenses are won as License A for $150 and License B for $120, the default payment would be calculated separately for License A (by comparing the original bid
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  • that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). A winning bidder listed in Attachment A who fails to pay the balance of its winning bid(s) by the late payment deadline of May 3, 2002, will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
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  • of $49.00 from the funds on deposit with the Commission because license BEA 058D remained unsold at the end of the auction. As shown in Attachment A, in Auction No. 24, the subsequent auction of license BEA 058D, the winning bid amount of $325.00 for the license was less than DeltaCom's withdrawn bid amount of $1,625.00. In accordance with Section 1.2104 of the Commission's rules, DeltaCom owes a final bid withdrawal payment of $1,300.00 in connection with license BEA 058D. After applying the interim bid withdrawal payment of $49.00, DeltaCom owes an outstanding balance of $1,251.00. DeltaCom is in debt to the United States in the amount of $1,251.00, payable in full, immediately, and without further demand. As permitted under 31
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  • bidding); sequential or simultaneous single-round auctions (using either sealed paper or remote and/or on-site electronic bidding); combinatorial (package/contingent) bidding auctions; and real-time bidding in all electronic auction designs. The following service-specific rules, which are redundant with all or part of section 1.2103, are removed: 21.951(a)-(a)(1); 22.203; 22.961; 24.702; 26.202; 90.802; 90.902; 90.1003; 100.72; 101.1102; and 101.1202. Competitive bidding mechanisms. Section 1.2104 of the Commission's rules describes the mechanisms used to implement the Commission's competitive bidding design provisions. This rule also sets forth the treatment of bid withdrawal, down and full payment default, and bidder disqualification. The following service-specific rules redundant with all or part of the competitive bidding design mechanism provisions of section 1.2104 are modified or removed: 21.951(a)(2)-(c); 22.205; 22.962;
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1_Erratum.doc
  • bidding); sequential or simultaneous single-round auctions (using either sealed paper or remote and/or on-site electronic bidding); combinatorial (package/contingent) bidding auctions; and real-time bidding in all electronic auction designs. The following service-specific rules, which are redundant with all or part of section 1.2103, are removed: 21.951(a)-(a)(1); 22.203; 22.961; 24.702; 26.202; 90.802; 90.902; 90.1003; 100.72; 101.1102; and 101.1202. Competitive bidding mechanisms. Section 1.2104 of the Commission's rules describes the mechanisms used to implement the Commission's competitive bidding design provisions. This rule also sets forth the treatment of bid withdrawal, down and full payment default, and bidder disqualification. The following service-specific rules redundant with all or part of the competitive bidding design mechanism provisions of section 1.2104 are modified or removed: 21.951(a)(2)-(c); 22.205; 22.962;
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  • availability of this spectrum for public safety and other new uses. Accordingly, for the reasons discussed above, CTIA's Request for Delay of Auction Nos. 31 and 44 is HEREBY DENIED. Sincerely, Thomas J. Sugrue Chief, Wireless Telecommunications Bureau 47 C.F.R. �� 0.139(c), 0.331 (delegating authority to Bureau for matters related to auction procedures and timing). See also 47 C.F.R. � 1.2104(i) (addressing grounds for delay, suspension, or cancellation of an auction). See ``Auction of Licenses in the 747-762 and 777-792 MHz Bands Postponed Until March 6, 2001,'' Public Notice, WT Docket No. 99-168, FCC 00-282 (rel. July 31, 2000); Cellular Telecommunications Industry Association et al.'s Request for Delay of the Auction of Licenses in the 747-762 and 777-792 MHz Bands Scheduled
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  • auction of these licenses, the winning bid amount for license BEA058-B was more than Auction Group's withdrawn bid. Accordingly, no final bid withdrawal payment is due for this license. Attachment A also shows that, in Auction No. 43, the winning bid amount of $78,000 for license EAG001-F was less than Auction Group's $97,500 withdrawn bid amount. In accordance with Section 1.2104 of the Commission's rules, Auction Group owes a final bid withdrawal payment of $19,500 in connection with license EAG001-F. After applying the interim bid withdrawal payment of $2,937, Auction Group owes an outstanding balance of $16,563. Auction Group is in debt to the United States in the amount of $16,563, payable in full, immediately, and without further demand. As permitted
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  • twelve licenses were unsold at the end of Auction No. 34, interim bid withdrawal payments equal to three percent (3%) of the net amount of the withdrawn bids were deducted from any up-front payments or down payments deposited for Motient's account with the Commission. The cumulative sum of these interim bid withdrawal payments is $41,040.00. Therefore, in accordance with Section 1.2104 of the Commission's rules, after applying the interim bid withdrawal payments of $41,040.00, Motient owes an outstanding balance of $1,002,960.00 in connection with the licenses it withdrew high bids on in Auction No. 34. Sum of Final Bid Withdrawal Payments $1,044,000.00 Less sum of Interim Withdrawal Payments $ 41,040.00 Total amount due $1,002,960.00 As a result, Motient is in debt
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  • the amount of $1,931.00 from the funds on deposit with the Commission because license BEA 173-E remained unsold at the conclusion of Auction No. 34. As shown in Attachment A, in Auction No. 43, the subsequent auction of license BEA 173-E, the net winning bid amount of $1,625.00 was less than CommSpec's net withdrawn bid, $64,350.00. In accordance with Section 1.2104 of the Commission's rules, CommSpec owes a final withdrawal payment for license BEA 173-E in the amount of $62,725.00. After applying the interim bid withdrawal payment of $1,931.00, CommSpec owes an outstanding balance of $60,794.00. CommSpec is in debt to the United States in the amount of $60,794.00, payable in full, immediately, and without further demand. As permitted under 31
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  • are rounded to the nearest $1,000; results below $10,000 but above $1,000 are rounded to the nearest $100; and results below $1,000 are rounded to the nearest $10. See 47 U.S.C. � 309(j) (as amended by Balanced Budget Act, Section 3002(a)). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). Auction No. 49 Comment Public Notice, Section I.B. All population figures are from the 2000 U.S. Census, U.S. Department of Commerce, Bureau of the Census. See Census 2000 Summary File 1 (SF1) and July 3, 2001, News Releases covering the U.S. Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa. Results are rounded using our standard rounding
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  • are rounded to the nearest $10. Bidders are permitted to bid on and create packages from only those licenses they selected on FCC Form 175. The bidder's new eligibility would be its eligibility activity in the current round multiplied by the reciprocal of the activity requirement (1/activity requirement) - in this case, (1/(3/5)), or 5/3. ,'' below. 47 C.F.R. � 1.2104(i). 47 U.S.C. � 309(j) (as amended by Balanced Budget Act, Section 3002(a)). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141. See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening
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  • each broadcast auction). See Part 1 Order, 12 FCC Rcd at 5697-98, � 16; see also Part 1 Third Report and Order, 13 FCC Rcd at 425, � 86. See Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2378-79, �� 171-176 (1994). 47 C.F.R. � 1.2104(i). 47 U.S.C. � 309(j) (as amended by Balanced Budget Act, Section 3002(a)). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). Consistent with this mandate, the Commission has directed the Bureaus to seek comment on the use of a minimum opening bid and/or reserve price prior to
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  • the right to deny SkyTel's waiver request, reject SkyTel's application, and find SkyTel not qualified to bid with respect to any license in Auction No. 48 based on that determination. If the Bureau ultimately denies SkyTel's waiver request, SkyTel would be in default on any license for which it is the winning bidder, and subject to default payments under Sections 1.2104(g) and 1.2109(c) of the Commission's rules. 47 C.F.R. �� 1.2104(g), 1.2109(c). See Auction of Licenses in the Lower and Upper Paging Bands Scheduled for May 13, 2003, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures, Public Notice, DA 02-3560, (rel. December 20, 2002), 68 Fed. Reg. 6151 (``Auction No. 48 Procedures Public Notice''). Auction No.
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  • listed in Attachment A who fails to pay the balance of the winning bid by the late payment deadline of May 27, 2003, will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicants will be assessed default payments as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Media Bureau will announce the grant of the construction permit for which the Commission has received the timely final payment of the winning bid amount. An individual facility authorization will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction No. 25 will be dismissed following
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  • that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). A winning bidder listed in Attachment A who fails to pay the balance of its winning bid(s) by the late payment deadline of February 14, 2003 will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such an applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be
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  • upfront payment is sufficient to meet its down payment requirement, an FCC Form 159 need not be filed at this time. A future public notice will provide instructions for making final payment. Default and Disqualification Payments The Commission imposes payments on bidders that default on payments due after an auction closes, or those that are disqualified. See 47 C.F.R. �� 1.2104(g), 1.2109. If a high bidder defaults or is disqualified after the close of the auction, the defaulting bidder will be subject to the following payment obligations: 1) the difference between the high bid and the amount of the winning bid the next time the license is offered by the Commission, and 2) an additional payment equal to three (3) percent
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  • See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on May 16, 2003, and fails to establish good cause for any late-filed submission, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). II. FILING FCC FORM 601 ELECTRONICALLY Access the Commission's Universal Licensing System (ULS) Online Filing through the Internet at http://wireless.fcc.gov/uls. Select the Online Filing button from this page. You may also connect to ULS Online Filing by establishing a direct dial-up connection to ULS, by pointing your web browser to
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  • it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). If the winning bidder listed in Attachment A fails to pay the balance of its winning bid(s) by the late payment deadline of June 5, 2003, it will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
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  • on file. Default and Disqualification Any high bidder that defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission will offer the construction permit to the next highest bidder (in descending order) at their final bid. In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, the Commission may declare the applicant and its principals ineligible to bid in future auctions, and may take any other action
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  • in Attachment A fails to pay the balance of its winning bid by the late payment deadline of February 3, 2003, they will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicant will be assessed a default payment as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Media Bureau will announce the grant of the construction permit if the Commission has received the timely final payment of the winning bid amount. A facility authorization will be issued shortly thereafter. The previously filed long form application of the unsuccessful competing bidder in Auction No. 82 will be dismissed following grant of
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  • fails to pay the balance of its high bid by the late payment deadline of June 16, 2003, it will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. In such an event, it will also be assessed default payments as prescribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a). By public notice, the Media Bureau will announce the grant of Mondy-Burke's construction permit after the Commission has received timely final payment of the high bid amount. An individual facility authorization will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b).
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  • serve an important and legitimate purpose in reducing a bidder's risk associated with efforts to secure certain license combinations. See ``Auction of Licenses in the 698-746 MHz Band Scheduled for June 19, 2002; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures,'' Public Notice, 17 FCC Rcd 4935, 4974-75 (2002) (``Auction No. 44 Procedures PN''). Section 1.2104(g)(1) of the Commission's Rules imposes an obligation requiring withdrawing bidders to pay the difference between their withdrawn bid and a lower subsequent winning bid for the license. 47 C.F.R. � 1.2104(g)(1); Auction No. 44 Procedures PN, 17 FCC Rcd at 4974-75. Vulcan was assessed, and paid, interim bid withdrawal payments. See Closing PN, Attachment C. See Auction No. 44 Procedures
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  • is withdrawn on a license that remains unsold at the close of the auction, the withdrawing bidder will be required to make an interim payment equal to three percent (3%) of the net amount of the withdrawn bid. This payment amount is deducted from any upfront payments or down payments the bidder has deposited with the Commission. 47 C.F.R. � 1.2104(g)(2) (1998). The restrictive condition placed on each check stated in pertinent part that ``endorsement or deposit of this check constitutes grant of a waiver of Sec. 21.959(a) of FCC rules.'' April 29th Letter at 1 (``[t]he Installment Payment Plan Notes and Security Agreements for Wausau and Stevens Point have been executed by Tel-Com and will be delivered to the Treasury
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  • it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). If the winning bidder listed in Attachment A fails to pay the balance of its winning bid(s) by the late payment deadline of June 19, 2003, it will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
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  • the calculation and submission of down payments should be directed to Gail Glasser at 202-418-0578 or Tim Dates at 202-418-0496. Withdrawal, Default and Disqualification Payments The Commission imposes payments on bidders that withdraw high bids during the course of an auction, those that default on payments due after an auction closes, or those that are disqualified. See 47 C.F.R. �� 1.2104(g), 1.2109. 1. Bid Withdrawal Payments. A bidder (Bidder X) that withdraws a high bid during the course of an auction is subject to a bid withdrawal payment equal to the difference between the amount withdrawn and the amount of the subsequent winning bid. No withdrawal payment will be assessed for a withdrawn bid if either the subsequent winning bid or
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  • See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on June 13, 2003, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants winning licenses in multiple radio services must complete a separate FCC Form 601 application for each radio service. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the
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  • it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). If the winning bidder listed in Attachment A fails to pay the balance of its winning bids by the late payment deadline of July 17, 2003, it will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
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  • FCC Form 175. Questions concerning the calculation and submission of down payments should be directed to Gail Glasser at 202-418-0578. Withdrawal, Default and Disqualification Payments The Commission imposes payments on bidders that withdraw high bids during the course of an auction, those that default on payments due after an auction closes, or those that are disqualified. See 47 C.F.R. �� 1.2104(g), 1.2109. 1. Bid Withdrawal Payments. A bidder (Bidder X) that withdraws a high bid during the course of an auction is subject to a bid withdrawal payment equal to the difference between the amount withdrawn and the amount of the subsequent winning bid. No withdrawal payment will be assessed for a withdrawn bid if either the subsequent winning bid or
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  • See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on July 2, 2003, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An applicant seeking tribal lands bidding credits in
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  • Credits link. Default and Disqualification Any high bidder that defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the license or offer it to the next highest bidder (in descending order) at their final bid. In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, the Commission may declare the applicant and its principals ineligible to bid in future auctions, and may take any
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  • Payments $12,407 Because the nine licenses were unsold at the close of Auction No. 20, interim bid withdrawal payments equal to three percent (3%) of the withdrawn bids were deducted from any upfront payments or down payments deposited for your account with the Commission. The cumulative sum of these interim bid withdrawal payments was $3,003. Therefore, in accordance with Section 1.2104 of the Commission's rules, after applying the interim bid withdrawal payments of $3,003 to your final bid withdrawal payment obligations of $12,407, you owe an outstanding balance of $9,404. As a result, you are in debt to the United States in the amount of $9,404, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717,
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  • Payments $6,395 Because the seven licenses were unsold at the close of Auction No. 21, interim bid withdrawal payments equal to three percent (3%) of the withdrawn bids were deducted from any upfront payments or down payments deposited for your account with the Commission. The cumulative sum of these interim bid withdrawal payments was $395. Therefore, in accordance with Section 1.2104 of the Commission's rules, after applying the interim bid withdrawal payments of $395 to your final bid withdrawal payment obligations of $6,395, you owe an outstanding balance of $6,000. As a result, you are in debt to the United States in the amount of $6,000, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717,
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  • rounds, a bidder may withdraw standing high bids from previous rounds using the withdraw bid function in the FCC Automated Auction System (assuming that the bidder has not reached its withdrawal limit). A high bidder that withdraws its standing high bid from a previous round during the auction is subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Note: Once a withdrawal is submitted during a round, that withdrawal cannot be unsubmitted. In previous auctions, we have detected bidder conduct that, arguably, may have constituted strategic bidding through the use of bid withdrawals. While we continue to recognize the important role that bid withdrawals play in an auction, i.e., reducing risk associated with efforts to secure various licenses
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  • it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). If the winning bidder listed in Attachment A fails to pay the balance of its winning bid by the late payment deadline of August 15, 2003, it will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
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  • it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). If the winning bidder listed in Attachment A fails to pay the balance of its winning bid(s) by the late payment deadline of August 22, 2003, it will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
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  • in Attachment A fails to pay the balance of its winning bid by the late payment deadline of August 27, 2003, they will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicant will be assessed a default payment as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Mass Media Bureau will announce the grant of the construction permits if the Commission has received the timely final payment 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. 82 will be dismissed following grant of
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  • any applicable late fees. A winning bidder that is found unqualified to be a licensee, fails to remit the balance of its winning bid in a timely manner, or defaults or is disqualified for any reason after having made the required down payment, will be deemed to have defaulted and will be liable for the payment set forth in Section 1.2104(g)(2). In such event, the Commission may either auction the construction permit to existing or new applicants or offer it to the other highest bidders (in descending order) at their final bids. Additionally, bidders that are found to have violated the antitrust laws or the Commission's rules in connection with their participation in the competitive bidding process may be subject, in
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  • in Attachment A, in the case of license CMA118(C), the winning bid amount, $282,000, in the subsequent auction was greater than McBride Spectrum's net withdrawn bid amount, $65,650 and in the case of license CMA180(C), the net winning bid amount, $52,650, in the subsequent auction was greater than McBride Spectrum's net withdrawn bid amount, $35,750. Therefore, in accordance with Section 1.2104 of the Commission's rules, the Commission will refund to the payor(s) of record the $3,043 withheld in connection with these licenses upon receipt of the necessary wire transfer instructions. Sincerely, Kelly A. Quinn Deputy Chief Auctions and Industry Analysis Division Wireless Telecommunications Bureau ATTACHMENT A Lower 700 MHz Auction Multi-Auction Refund Report License Number Freq Blk Market Description Winning Bid
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  • but that it could not pay interest on any refunded amounts. Both VoiceStream and Leap participated in Auction No. 35. Both placed high bids that they withdrew during the course of the auction. In each case at the close of the auction, the winning bid was lower than the bid that was withdrawn for the license at issue. Pursuant to 1.2104(g)(1) of the Commission's rules, both VoiceStream and Leap were subject to bid withdrawal payments equal to the difference between the amount withdrawn and the amount of the subsequent winning bid. Neither entity contested the application of the rule at that time. Both entities paid their respective bid withdrawal payments. On November 14, 2002, the Commission offered relief to all Auction
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  • sum of the upfront payments for CEA352-CEA354; for DMA213, the sum of the upfront payments for CEA350 and CEA351; and for DMA214, the upfront payment for CEA349. For example, when monitoring activity for determining when to change stages, we may consider the percentage of bidding units of the licenses receiving new high bids, excluding any FCC-held licenses. 47 C.F.R. � 1.2104(i). 47 U.S.C. � 309(j) (as amended by Balanced Budget Act, Section 3002(a)). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141. See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening
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  • winning bid from Auction No. 7 is first multiplied by the proportion of the population covered by the partial market to the population of the entire MTA. For example, when monitoring activity for determining when to change stages, we may consider the percentage of bidding units of the licenses receiving new high bids, excluding any FCC-held licenses. 47 C.F.R. � 1.2104(i). 47 U.S.C. � 309(j) (as amended by Balanced Budget Act, Section 3002(a)). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). Part 1 Third Report and Order, 13 FCC Rcd at 454-55, � 141. See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2920A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2920A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2920A1.txt
  • the final bid withdrawal payment for each license. As shown in Attachment A, in Auction No. 22, the winning bid amount of $1,280,000 for license BTA 060E was less than EU's withdrawn bid amount of $1,814,000, and the winning bid amount of $17,253 for license BTA 228F was less than EU's withdrawn bid amount of $168,000. In accordance with Sections 1.2104(g)(1) and 24.704(a)(1) of the Commission's rules, EU is assessed a final bid withdrawal payment of $534,000 in connection with license BTA 060E and a final bid withdrawal payment of $150,747 in connection with license BTA 228F. Because the two licenses were unsold at the close of Auction No. 11, interim bid withdrawal payments equal to three percent of the withdrawn
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3006A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3006A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3006A1.txt
  • any applicable late fees. A winning bidder that is found unqualified to be a licensee, fails to remit the balance of its winning bid in a timely manner, or defaults or is disqualified for any reason after having made the required down payment, will be deemed to have defaulted and will be liable for the payment set forth in Section 1.2104(g)(2). In such event, the Commission may re-auction the spectrum to existing or new applicants. Additionally, bidders that are found to have violated the antitrust laws or the Commission's rules in connection with their participation in the competitive bidding process may be subject, in addition to any other applicable sanctions, to forfeiture of their upfront payment, down payment, or full bid
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3006A4.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3006A4.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3006A4.txt
  • See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on October 16, 2003, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms To Be Filed. An applicant applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An applicant seeking tribal lands bidding credits
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3012A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3012A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3012A1.txt
  • any applicable late fees. A winning bidder that is found unqualified to be a licensee, fails to remit the balance of its winning bid in a timely manner, or defaults or is disqualified for any reason after having made the required down payment, will be deemed to have defaulted and will be liable for the payment set forth in Section 1.2104(g)(2). In such event, the Commission may either auction the spectrum to existing or new applicants or offer it to the other highest bidders (in descending order) at their final bids. Additionally, bidders that are found to have violated the antitrust laws or the Commission's rules in connection with their participation in the competitive bidding process may be subject, in addition
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3012A6.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3012A6.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3012A6.txt
  • See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on October 17, 2003, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An applicant seeking tribal lands bidding credits in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3160A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3160A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3160A1.txt
  • it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). If the winning bidder listed in Attachment A fails to pay the balance of its winning bid by the late payment deadline of November 10, 2003, it will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such an applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3235A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3235A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3235A1.txt
  • rounds, a bidder may withdraw standing high bids from previous rounds using the withdraw bid function in the FCC Automated Auction System (assuming that the bidder has not reached its withdrawal limit). A high bidder that withdraws its standing high bid from a previous round during the auction is subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Note: Once a withdrawal is submitted during a round, that withdrawal cannot be unsubmitted. In previous auctions, we have detected bidder conduct that, arguably, may have constituted strategic bidding through the use of bid withdrawals. While we continue to recognize the important role that bid withdrawals play in an auction, i.e., reducing risk associated with efforts to secure various licenses
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3263A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3263A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3263A1.txt
  • 1-2. Order, 16 FCC Rcd at 14,835-6. Order, 16 FCC Rcd at 14,836-7. Order, 16 FCC Rcd 14,835. Order 16 FCC Rcd at 14,842. Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Third Report and Order, 13 FCC Rcd 374, 433-34 (1998) (``Part 1 Third Report and Order''). Id. 47 C.F.R. � 1.2104(g)(2) (incorporating � 1.2104(g)(1)). 47 C.F.R. � 1.2104(g)(2). At an absolute minimum, TPS will owe three percent of its aggregate net defaulted bids as a default payment. If a subsequent winning bid is greater than the defaulted bid, the default payment will be three percent of the defaulted bid. If a subsequent winning bid is less than the defaulted bid, the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3359A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3359A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3359A1.txt
  • Attachment A, in the case of license CMA476(C), the gross winning bid amount, $123,000, in the subsequent auction was greater than Lynch 3G's gross withdrawn bid amount, $43,000 and in the case of license CMA553(C), the gross winning bid amount, $192,000, in the subsequent auction was greater than Lynch 3G's gross withdrawn bid amount, $70,000. Therefore, in accordance with Section 1.2104 of the Commission's rules, the Commission will refund to the payor(s) of record the $3,390 withheld in connection with these licenses upon receipt of the necessary wire transfer instructions. Sincerely, Margaret W. Wiener, Chief Auctions and Industry Analysis Division Wireless Telecommunications Bureau ATTACHMENT A Lower 700 MHz Auction Multi-Auction Refund Report License Number Freq Blk Market Description Winning Bid Amount
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  • that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). A winning bidder listed in Attachment A that fails to pay the balance of its winning bid(s) by the late payment deadline of December 8, 2003, will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3724A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3724A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3724A1.txt
  • it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). If the winning bidder listed in Attachment A fails to pay the balance of its winning bid(s) by the late payment deadline of December 19, 2003, it will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3724A1_Erratum.doc
  • it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). If the winning bidder listed in Attachment A fails to pay the balance of its winning bid(s) by the late payment deadline of December 19, 2003, it will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-372A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-372A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-372A1.txt
  • rounds, a bidder may withdraw standing high bids from previous rounds using the withdraw bid function in the FCC Automated Auction System (assuming that the bidder has not exhausted its withdrawal allowance). A high bidder that withdraws its standing high bid from a previous round during the auction is subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Note: Once a withdrawal is submitted during a round, that withdrawal cannot be unsubmitted. In previous auctions, we have detected bidder conduct that, arguably, may have constituted strategic bidding through the use of bid withdrawals. While we continue to recognize the important role that bid withdrawals play in an auction, i.e., reducing risk associated with efforts to secure various licenses
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3737A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3737A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3737A1.txt
  • it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). If the winning bidder listed in Attachment A fails to pay the balance of its winning bid(s) by the late payment deadline of December 22, 2003, it will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). The applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3944A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3944A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3944A1.txt
  • it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). If the winning bidder listed in Attachment A fails to pay the balance of its winning bid(s) by the late payment deadline of January 14, 2003, it will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). The applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-405A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-405A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-405A1.txt
  • other Commission Rules. Consistent with Commission precedent, the disposition of the remaining amount of monies on deposit with the FCC related to this matter will be addressed separately. See Entertainment Unlimited, Inc., Memorandum Opinion and Order, 16 FCC Rcd 10030, 10034 � 12 (2001). We note $46,365.00 is the initial default and may be amended pursuant to 47 C.F.R. � 1.2104(g)(2). (continued....) Federal Communications Commission DA 03-405 Federal Communications Commission DA 03-405 q r � � � � �@��� @& F
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-480A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-480A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-480A1.txt
  • 99-1166, Memorandum Opinion and Order, 1999 WL 394978 (rel. June 16, 1999); see also BDPCS, Inc., BTA Nos. B008, B036, B055, B110, B133, B149, B261, B298, B331, B347, B358, B391, B395, B407, B413, B447, Frequency Block C, Memorandum Opinion and Order, 15 FCC Rcd 17,590 (2000) (``BDPCS II'') (denying requests for waiver of default payments); Request for Waiver of Section 1.2104(g) of the Commission's Rules filed by Grand Connectivity L.L.C., DA 99-1726, Order, 14 FCC Rcd 13943 (1999) (denying request for waiver of default payments). In another decision, the Commission also rejected a similar request by a high bidder to make partial payments. AirCom Communication Consultants, Inc., Request for Waiver of 47 C.F.R. � 1.2109(b), Order, 16 FCC Rcd 17,685 (2001)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-567A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-567A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-567A1.txt
  • rounds, a bidder may withdraw standing high bids from previous rounds using the withdraw bid function in the FCC Automated Auction System (assuming that the bidder has not reached its withdrawal limit). A high bidder that withdraws its standing high bid from a previous round during the auction is subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Note: Once a withdrawal is placed during a round, that withdrawal cannot be unsubmitted. In previous auctions, we have detected bidder conduct that, arguably, may have constituted strategic bidding through the use of bid withdrawals. While we continue to recognize the important role that bid withdrawals play in an auction, i.e., reducing risk associated with efforts to secure various licenses
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-606A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-606A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-606A1.txt
  • in Attachment A fails to pay the balance of its winning bid by the late payment deadline of March 28, 2003, they will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicant will be assessed a default payment as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Mass Media Bureau will announce the grant of the construction permit if the Commission has received the timely final payment of the winning bid amount. A facility authorization will be issued shortly thereafter. The previously filed long form application of the unsuccessful competing bidder in Auction No. 82 will be dismissed following grant
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-751A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-751A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-751A1.txt
  • that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). A winning bidder listed in Attachment A that fails to pay the balance of its winning bid(s) by the late payment deadline of April 9, 2003 will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such an applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions: All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-751A1_Erratum.doc
  • that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). A winning bidder listed in Attachment A that fails to pay the balance of its winning bid(s) by the late payment deadline of April 9, 2003 will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such an applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions: All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-965A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-965A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-965A1.txt
  • provided that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. �1.2109(a). If the winning bidder listed in Attachment A fails to pay the balance of its winning bids by the late payment deadline of April 24, 2003, it will be in default and subject to applicable default payments. See 47 C.F.R. ��1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. �1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1020A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1020A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1020A1.txt
  • funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Commission for Auction No. 37 to 20 percent of the net amount of its winning bids (gross bids less any applicable bidding credits). In addition, by the same deadline, all bidders must pay any bid withdrawal payments due under 47 C.F.R. � 1.2104(g). WTB now employs a final payment deadline different from that announced in the 2001 Procedures Public Notice. Consistent with current practice, for Auction No. 37, the Bureaus are considering requiring each winning bidder to submit the balance of the net amount of its winning bids within 10 business days after the deadline for submitting down payments. VI. Conclusion Comments are
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1060A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1060A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1060A1.txt
  • it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). If the winning bidder listed in Attachment A fails to pay the balance of its winning bid(s) by the late payment deadline of May 19, 2004, it will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1267A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1267A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1267A1.txt
  • it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). If the winning bidder listed in Attachment A fails to pay the balance of its winning bid(s) by the late payment deadline of June 3, 2004, it will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). The applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1303A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1303A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1303A1.txt
  • listed in Attachment A who fail to pay the balance of the winning bid by the late payment deadline of June 9, 2004, will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicants will be assessed default payments as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104(g)(2), 1.2109(a). By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received the timely final payment of the winning bid amount. The individual facility authorization will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction 54 will be dismissed following grant of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1379A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1379A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1379A1.txt
  • it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). If the winning bidder listed in Attachment A fails to pay the balance of its winning bid(s) by the late payment deadline of June 15, 2004, it will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1504A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1504A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1504A1.txt
  • by a five percent (5%) late fee of an additional $16,900. Silver Palm failed to meet these payment deadlines. Accordingly, Silver Palm is considered to be in default on the ten licenses for which it was the high bidder in Auction No. 34, its long-form application is dismissed, and it is subject to the applicable default payments. Pursuant to Sections 1.2104(g)(2) of the Commission's rules, Silver Palm owes an interim default payment of $11,790, which is three-percent (3%) of its net winning bids of $393,000. Pursuant to Section 1.2106(e) of the Commission's rules, we will apply Silver Palm's payments on deposit to satisfy this initial default payment obligation. Once subsequent high bids are established for the relevant spectrum, we will determine
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1513A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1513A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1513A1.txt
  • rounds, a bidder may withdraw standing high bids from previous rounds using the withdraw bid function in the FCC Automated Auction System (assuming that the bidder has not reached its withdrawal limit). A high bidder that withdraws its standing high bid from a previous round during the auction is subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Note: Once a withdrawal is submitted during a round, that withdrawal cannot be unsubmitted. In previous auctions, we have detected bidder conduct that, arguably, may have constituted strategic bidding through the use of bid withdrawals. While we continue to recognize the important role that bid withdrawals play in an auction, i.e., reducing risk associated with efforts to secure various licenses
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1639A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1639A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1639A1.txt
  • rounded to the nearest $1,000; results below $10,000 but above $1,000 are rounded to the nearest $100; and results below $1,000 are rounded to the nearest $10. For example, when monitoring activity for determining when to change stages, we may consider the percentage of bidding units of the licenses receiving new high bids, excluding any FCC-held licenses. 47 C.F.R. � 1.2104(i). 47 U.S.C. � 309(j) (as amended by Balanced Budget Act, Section 3002(a)). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). Part 1 Third Report and Order, 13 FCC Rcd at 454-55, � 141. Id. See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1639A1_Erratum.doc
  • rounded to the nearest $1,000; results below $10,000 but above $1,000 are rounded to the nearest $100; and results below $1,000 are rounded to the nearest $10. For example, when monitoring activity for determining when to change stages, we may consider the percentage of bidding units of the licenses receiving new high bids, excluding any FCC-held licenses. 47 C.F.R. � 1.2104(i). 47 U.S.C. � 309(j) (as amended by Balanced Budget Act, Section 3002(a)). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). Part 1 Third Report and Order, 13 FCC Rcd at 454-55, � 141. Id. See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1699A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1699A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1699A1.txt
  • rounds, a bidder may withdraw standing high bids from previous rounds using the withdraw bid function in the FCC Automated Auction System (assuming that the bidder has not reached its withdrawal limit). A high bidder that withdraws its standing high bid from a previous round during the auction is subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Note: Once a withdrawal is submitted during a round, that withdrawal cannot be unsubmitted. In previous auctions, we have detected bidder conduct that, arguably, may have constituted strategic bidding through the use of bid withdrawals. While we continue to recognize the important role that bid withdrawals play in an auction, i.e., reducing risk associated with efforts to secure various construction
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-196A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-196A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-196A1.txt
  • rounded to the nearest $1,000; results below $10,000 but above $1,000 are rounded to the nearest $100; and results below $1,000 are rounded to the nearest $10. For example, when monitoring activity for determining when to change stages, we may consider the percentage of bidding units of the licenses receiving new high bids, excluding any FCC-held licenses. 47 C.F.R. � 1.2104(i). 47 U.S.C. � 309(j) (as amended by Balanced Budget Act, Section 3002(a)). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). Part 1 Third Report and Order, 13 FCC Rcd at 454-55, � 141. See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2008A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2008A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2008A1.txt
  • obligation. withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1) after applying any interim bid withdrawal payment or amount on deposit with the Commission, Comtech has a refund due of $429.00. 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) of the Commission's Rules, 47 C.F.R. � 1.2104(g), Comtech is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2009A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2009A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2009A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, Cellutech has a refund due of $51.00. 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) of the Commission's Rules, 47 C.F.R. � 1.2104(g), Cellutech is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2010A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2010A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2010A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, Repeater has a refund due of $150.00. 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) of the Commission's Rules, 47 C.F.R. � 1.2104(g), Repeater is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2012A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2012A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2012A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, Data Radio has an outstanding balance due of $851.00. Data Radio is in debt to the United States in the amount of $851.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2121A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2121A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2121A1.txt
  • that Net Radio now owes to the Commission is reduced by the sum of Net Radio's interim bid withdrawal payments, which the Commission deducted from Net Radio's upfront payments at the close of Auction No. 18. The cumulative sum of these interim bid withdrawal payments is $11,777.00, as shown in Attachment A to this letter. Therefore, in accordance with Section 1.2104 of the Commission's rules, after applying the interim bid withdrawal payments of $11,777.00, Net Radio owes an outstanding balance of $46,263.00 for the high bids that it withdrew in Auction No. 18. Sum of Final Bid Withdrawal Payments $ 58,040.00 Less sum of Interim Withdrawal Payments $ 11,777.00 Total amount due $ 46,263.00 As a result, Net Radio is in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2122A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2122A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2122A1.txt
  • $341,000 for license CMA190-C was less than Vulcan's withdrawn bid amount of $453,000; (ii) $62,000 for license CMA389-C was less than Vulcan's withdrawn bid amount of $110,000; (iii) $166,000 for license CMA391-C was less than Vulcan's withdrawn bid amount of $216,000; and (iv) $115,000 for license CMA392-C was less than Vulcan's withdrawn bid amount of $183,000. In accordance with Section 1.2104(g)(1) of the Commission's rules, Vulcan is assessed a final bid withdrawal payments of: (i) $112,000 in connection with license CMA190-C; (ii) $48,000 in connection with license CMA389-C; (iii) $50,000 in connection with license CMA391-C; and (iv) $68,000 in connection with license CMA392-C. Because the four licenses were unsold at the close of Auction No. 44, interim bid withdrawal payments equal
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2158A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2158A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2158A1.txt
  • application (FCC Form 312) review. A winning bidder that is found unqualified to be a licensee, fails to remit the balance of its winning bid in a timely manner, or defaults or is disqualified for any reason after having made the required payments, will be deemed to have defaulted and will be liable for the payment set forth in Section 1.2104(g)(2). In such event, the Commission may either auction the license to existing or new applicants or offer it to the other highest bidder at their final bid. Additionally, bidders that are found to have violated the antitrust laws or the Commission's rules in connection with their participation in the competitive bidding process may be subject, in addition to any other
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-215A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-215A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-215A1.txt
  • (FCC Form 601) review. A winning bidder that is found unqualified to be a licensee, fails to remit the balance of its winning bid in a timely manner, or defaults or is disqualified for any reason after having made the required down payment, will be deemed to have defaulted and will be liable for the payment set forth in Section 1.2104(g)(2). In such event, the Commission may either auction the spectrum to existing or new applicants or offer it to the other highest bidders (in descending order) at their final bids. Additionally, bidders that are found to have violated the antitrust laws or the Commission's rules in connection with their participation in the competitive bidding process may be subject, in addition
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-215A5.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-215A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-215A5.txt
  • also 47 C.F.R. � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on February 17, 2004, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An applicant seeking tribal lands bidding credits in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-22A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-22A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-22A1.txt
  • it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). If the winning bidder listed in Attachment A fails to pay the balance of its winning bid(s) by the late payment deadline of February 9, 2004, it will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-23A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-23A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-23A1.txt
  • it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). If the winning bidder listed in Attachment A fails to pay the balance of its winning bid by the late payment deadline of February 9, 2004, it will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2429A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2429A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2429A1.txt
  • applications (FCC Form 601) review. A winning bidder that is found unqualified to be a licensee, fails to remit the balance of its winning bid in a timely manner, or defaults or is disqualified for any reason after having made the required payments, will be deemed to have defaulted and will be liable for the payment set forth in Section 1.2104(g)(2). In such event, the Commission may re-auction the spectrum to existing or new applicants. Additionally, bidders that are found to have violated the antitrust laws or the Commission's rules in connection with their participation in the competitive bidding process may be subject, in addition to any other applicable sanctions, to forfeiture of their upfront payment, down payment, or full bid
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2429A4.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2429A4.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2429A4.txt
  • also 47 C.F.R. � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on August 16, 2004, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An applicant seeking tribal lands bidding credits in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-278A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-278A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-278A1.txt
  • a bidder may withdraw standing high bids from a previous round using the withdraw bid function in the FCC Automated Auction System (assuming that the bidder has not reached its withdrawal limit). A high bidder that withdraws its standing high bid from a previous round during the auction is subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Note: Once a withdrawal is submitted during a round, that withdrawal cannot be unsubmitted. In previous auctions, we have detected bidder conduct that, arguably, may have constituted strategic bidding through the use of bid withdrawals. While we continue to recognize the important role that bid withdrawals play in an auction, i.e., reducing risk associated with efforts to secure various licenses
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2983A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2983A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2983A1.txt
  • Havens would not incur any risk if one of the applicants that he controls fails to live up to its bid obligations. Mobex fails to acknowledge that the Commission has established safeguards to protect against anti-competitive bid withdrawals or defaults. For example, bidders that withdraw high bids during an auction are subject to the bid withdrawal payments specified in section 1.2104(g) of the Commission's rules. Moreover, in order to deter anti-competitive strategic bidding during the Auction No. 57, the Bureau has limited the number of rounds in which bidders may place withdrawals to two rounds. Also, any high bidder that defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3005A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3005A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3005A1.txt
  • rounds, a bidder may withdraw standing high bids from previous rounds using the withdraw bid function in the FCC Automated Auction System (assuming that the bidder has not reached its withdrawal limit). A high bidder that withdraws its standing high bid from a previous round during the auction is subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Note: Once a withdrawal is submitted during a round, that withdrawal cannot be unsubmitted. In previous auctions, we have detected bidder conduct that, arguably, may have constituted strategic bidding through the use of bid withdrawals. While we continue to recognize the important role that bid withdrawals play in an auction, i.e., reducing risk associated with efforts to secure various licenses
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3012A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3012A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3012A1.txt
  • (FCC Form 601) review. A winning bidder that is found unqualified to be a licensee, fails to remit the balance of its winning bid(s) in a timely manner, or defaults or is disqualified for any reason after having made the required down payment, will be deemed to have defaulted and will be liable for the payment set forth in Section 1.2104(g)(2). In such event, the Commission may either auction the spectrum to existing or new applicants. Additionally, bidders that are found to have violated the antitrust laws or the Commission's rules in connection with their participation in the competitive bidding process may be subject, in addition to any other applicable sanctions, to forfeiture of their upfront payment, down payment, or full
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3012A4.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3012A4.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3012A4.txt
  • also 47 C.F.R. � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on October 1, 2004, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An applicant seeking tribal lands bidding credits in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3198A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3198A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3198A1.txt
  • rounded to the nearest $1,000; results below $10,000 but above $1,000 are rounded to the nearest $100; and results below $1,000 are rounded to the nearest $10. For example, when monitoring activity for determining when to change stages, we may consider the percentage of bidding units of the licenses receiving new high bids, excluding any FCC-held licenses. 47 C.F.R. � 1.2104(i). 47 U.S.C. � 309(j) (4F). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). Part 1 Third Report and Order, 13 FCC Rcd at 454-55 � 141. See, e.g., ``Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening Bids or Reserve Prices,'' Order, 12 FCC
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3226A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3226A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3226A1.txt
  • this was sold at Auction No. 22 the Commission is now able to assess the full amount of the final bid withdrawal payment for this license. As shown in Attachment A, in Auction No. 22, the net winning bid amount of $47,122.50 for license BTA233F was less than Communications Venture's withdrawn net bid amount of $249,750.00. In accordance with Sections 1.2104(g)(1) of the Commission's rules, Communications Venture is assessed a final bid withdrawal payment of $202,627.50 in connection with license BTA233F. Because this license was unsold at the close of Auction No. 11, an interim bid withdrawal payment equal to three percent of the withdrawn bid was deducted from any upfront payments or down payments on deposit in Communications Venture's account
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3535A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3535A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3535A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, Golden Arrow has an outstanding balance of $81,950.00. Golden Arrow is in debt to the United States in the amount of $81,950.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3590A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3590A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3590A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, Communications Equipment, Inc. has an outstanding balance of $969.00 Communications Equipment, Inc. is in debt to the United States in the amount of $969.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties,
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  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, Baycom, Inc. has an outstanding balance of $150.00. Baycom, Inc. is in debt to the United States in the amount of $150.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative
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  • in Attachment A fails to pay the balance of its winning bid by the late payment deadline of December 15, 2004, they will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicant will be assessed a default payment as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Media Bureau will announce the grant of the construction permit if the Commission has received the timely final payment of the winning bid amount. Facility authorizations will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction No. 54 will be dismissed following grant of the
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  • of the net bids. If a winning bidder fails to remit the required down payment within ten (10) business days after the Commission has released this Public Notice, in this case by December 15, 2004, the bidder will be deemed to have defaulted, its application will be dismissed, and it will be liable for the payment set forth in Section 1.2104(g)(2). In such event, the Commission, at its discretion, may either auction the construction permit(s) to existing or new applicants, or offer it to the other highest bidders (in descending order) at their final bids. If a winning bidder fails to pay the balance of its winning bids in a lump sum by the applicable deadline as specified by the Commission,
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  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, you have an outstanding balance of $1,742.00. You are in debt to the United States in the amount of $1,742.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative costs, and
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  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, Nevada has a refund due of $3,255.00. 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) of the Commission's Rules, 47 C.F.R. � 1.2104(g), Nevada Wireless
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  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, Select Path has an outstanding balance of $2,330.00. Select Path is in debt to the United States in the amount of $2,330.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative
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  • it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). If the winning bidder listed in Attachment A fails to pay the balance of its winning bid by the late payment deadline of December 30, 2004, it will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
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  • it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). If the winning bidder listed in Attachment A fails to pay the balance of its winning bid by the late payment deadline of December 30, 2004, it will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
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  • it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). If the winning bidder listed in Attachment A fails to pay the balance of its winning bid by the late payment deadline of January 11, 2005, it will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
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  • final payments after the Commission announces that it is ready to grant the licenses won at auction. Alternatively, you ask for a decision that, in the event that a winning bidder defaults, the Commission will ``not retain more than 20% of an applicant's total bid as an interim default penalty until a final decision penalty can be computed under Section 1.2104(g)(2).'' For the reasons set forth below, we deny these requests. Section 1.2109(a) of the Commission's rules states that auction winners are required to pay the balance of their winning bids in a lump sum within ten (10) business days following the release of a public notice establishing the payment deadline. Pursuant to its delegated authority, the Wireless Telecommunications Bureau (``Bureau'')
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  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, TeleMaxx has an outstanding balance of $1,152.00. TeleMaxx is in debt to the United States in the amount of $1,152.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative costs, and
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  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, Milkyway Broadband has an outstanding balance of $22,861.00. Milkyway Broadband is in debt to the United States in the amount of $22,861.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative
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  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, BCO has an outstanding balance of $444.00. BCO is in debt to the United States in the amount of $444.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative costs, and
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  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, RCC has an outstanding balance of $926.00. RCC is in debt to the United States in the amount of $926.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative costs, and
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  • rounds, a bidder may withdraw standing high bids from previous rounds using the withdraw bid function in the FCC Automated Auction System (assuming that the bidder has not reached its withdrawal limit). A high bidder that withdraws its standing high bid from a previous round during the auction is subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Note: Once a withdrawal is submitted during a round, that withdrawal cannot be unsubmitted. In previous auctions, we have detected bidder conduct that, arguably, may have constituted strategic bidding through the use of bid withdrawals. While we continue to recognize the important role that bid withdrawals play in an auction, i.e., reducing risk associated with efforts to secure various licenses
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  • it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). If the winning bidder listed in Attachment A fails to pay the balance of its winning bid(s) by the late payment deadline of March 25, 2004, it will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). The applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
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  • (FCC Form 601) review. A winning bidder that is found unqualified to be a licensee, fails to remit the balance of its winning bid in a timely manner, or defaults or is disqualified for any reason after having made the required down payment, will be deemed to have defaulted and will be liable for the payment set forth in Section 1.2104(g)(2). In such event, the Commission may either auction the spectrum to existing or new applicants or offer it to the other highest bidders (in descending order) at their final bids. Additionally, bidders that are found to have violated the antitrust laws or the Commission's rules in connection with their participation in the competitive bidding process may be subject, in addition
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  • also 47 C.F.R. � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant who fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on March 16, 2004, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An applicant seeking tribal lands bidding credits in
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  • in Auction No. 22 the winning bid of $43,000 for license BTA 166E was less than Western's withdrawn bid of $374,381, the winning bid of $6,144 for license BTA 199E was less than Western's withdrawn bid of $60,500, and the winning bid of $17,000 for license BTA 301E was less than Western's withdrawn bid of $96,000. In accordance with Section 1.2104(g)(1) of the Commission's rules, Western is assessed a final bid withdrawal payment of $331,381 in connection with license BTA 166E, a final bid withdrawal payment of $54,356 in connection with license BEA 199E, and a final bid withdrawal payment of $79,000 in connection with license BEA 301E. Because these three licenses were unsold at the close of Auction No. 11,
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  • critical element in preserving the integrity of the auctions process. Here, however, MBO's course of conduct tends to demonstrate that MBO's failure to make timely payments of the amounts at issue resulted from MBO's mistake rather than insufficient incentive, unwillingness, or inability to make timely payment. Just as importantly, with respect to granting a waiver, enforcing the deadline of Section 1.2104(g)(4)(iii) with respect to amounts assessed as late fees without serving the rule's underlying purpose would be contrary to the public interest. Doing so would result in automatic cancellation of the licenses, disrupting the Commission's prior assignment of the licenses based on MBO's competitive bids for the licenses without achieving any countervailing benefit. The Commission assigns licenses using competitive bidding to
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  • that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). A winning bidder listed in Attachment A that fails to pay the balance of its winning bid(s) by the late payment deadline of February 13, 2004, will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
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  • rounds, a bidder may withdraw standing high bids from previous rounds using the withdraw bid function in the FCC Automated Auction System (assuming that the bidder has not reached its withdrawal limit). A high bidder that withdraws its standing high bid from a previous round during the auction is subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Note: Once a withdrawal is submitted during a round, that withdrawal cannot be unsubmitted. In previous auctions, we have detected bidder conduct that, arguably, may have constituted strategic bidding through the use of bid withdrawals. While we continue to recognize the important role that bid withdrawals play in an auction, i.e., reducing risk associated with efforts to secure various licenses
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  • it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). If the winning bidder listed in Attachment A fails to pay the balance of its winning bid(s) by the late payment deadline of April 8, 2004, it will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
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  • it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). If the winning bidder listed in Attachment A fails to pay the balance of its winning bid by the late payment deadline of April 16, 2004, it will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
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  • rounded to the nearest $1,000; results below $10,000 but above $1,000 are rounded to the nearest $100; and results below $1,000 are rounded to the nearest $10. For example, when monitoring activity for determining when to change stages, we may consider the percentage of bidding units of the licenses receiving new high bids, excluding any FCC-held licenses. 47 C.F.R. � 1.2104(i). 47 U.S.C. � 309(j) (as amended by Balanced Budget Act, Section 3002(a)). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). Part 1 Third Report and Order, 13 FCC Rcd at 454-55 � 141. See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening
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  • it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). If the winning bidder listed in Attachment A fails to pay the balance of its winning bid(s) by the late payment deadline of February 19, 2004, it will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
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  • No. 11, because this was sold at Auction No. 22 the Commission is now able to assess the full amount of the final bid withdrawal payment for this license. As shown in Attachment A, in Auction No. 22, the winning bid amount of $881,000 for license BTA155E was less than AT&T's withdrawn bid amount of $1,902,000. In accordance with Sections 1.2104(g)(1) of the Commission's rules, AT&T is assessed a final bid withdrawal payment of $1,021,000 in connection with license BTA155E. Because this license was unsold at the close of Auction No. 11, an interim bid withdrawal payment equal to three percent of the withdrawn bid was deducted from any upfront payments or down payments on deposit in AT&T's account with the
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  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2107(b), 1.2109. See also Delta Radio, Inc., 18 FCC Rcd 16889 (2003); Abundant Life, Inc., 16 FCC Rcd 4972 (2001); ``Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules,'' Public Notice, 11 FCC Rcd 10853 (1996). h $ $ � ! + , . : ` a e f x (x } hK ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪��
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1047A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1047A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1047A1.txt
  • rounds, a bidder may withdraw provisionally winning bids from previous rounds using the ``withdraw bids'' function in the FCC Auction System (assuming that the bidder has not reached its withdrawal limit). A provisionally winning bidder that withdraws its provisionally winning bid from a previous round during the auction is subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Note: Once a withdrawal is submitted during a round, that withdrawal cannot be unsubmitted. In previous auctions, we have detected bidder conduct that, arguably, may have constituted strategic bidding through the use of bid withdrawals. While we continue to recognize the important role that bid withdrawals play in an auction, i.e., reducing risk associated with efforts to secure various licenses
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1076A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1076A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1076A1.txt
  • Order, 13 FCC Rcd at 15971 � 134. Second Report and Order, 9 FCC Rcd at 2378-79. See Section II.D. ``Provisionally Winning Bids,'' below. For example, when monitoring activity for determining when to change stages, we may consider the percentage of bidding units of the construction permits receiving new provisionally winning bids, excluding any FCC-held construction permits. 47 C.F.R. � 1.2104(i). 47 U.S.C. � 309(j) (as amended by the Balanced Budget Act of 1997, Pub. L. 105-33, 111 Stat. 251 (1997), Section 3002(a)). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Broadcast First Report and Order, 13 FCC Rcd at 15971 � 134; Part 1 Third
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1099A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1099A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1099A1.txt
  • entity. Petition, Exhibit 1 at 5. Auction No. 57 Winning Bidders Public Notice, 19 FCC Rcd at 18258. See Implementation of Section 309(j) of the Communications - Competitive Bidding, Second Report and Order, 9 FCC Rcd 2348, 2388-2400 (1994) (establishing preferences for designated entities, including small businesses). Division Order, 19 FCC Rcd at 20486 � 12 (discussing safeguards in Section 1.2104(g) of the Commission's rules and other procedures established by the Bureau prior to Auction No. 57 to protect against anticompetitive bidding behavior). Id., 19 FCC Rcd at 20485 � 10. 47 C.F.R. �� 1.2105 (a)(2)(viii-ix), 1.2105(c)(1). Compare Comments of Mobex Communications, Inc. (filed April 23, 2004) (Mobex's statement prior to the short-form deadline suggesting Mobex's possible problems in securing financing
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-10A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-10A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-10A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, you have an outstanding balance of $74.00. You are in debt to the United States in the amount of $74.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative costs, and
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  • remaining $18,600.00 balance due. Huryan Family Media failed to timely submit payment for the remaining balance by December 15, 2004. Accordingly, Huryan Family Media is considered to be in default on the two FM broadcast construction permits for which it was the high bidder in Auction No. 37 and it is subject to the applicable default payments. Pursuant to Section 1.2104(g)(2) of the Commission's rules, Huryan Family Media owes an initial default payment of $4,290.00, which is three-percent (3%) of its net winning bids of $143,000.00. Pursuant to Section 1.2106(e) of the Commission's rules, we will apply Huryan Family Media's payments on deposit to satisfy this initial default payment obligation. Once subsequent high bids are established for the relevant spectrum, we
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  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any amounts on deposit with the Commission, LaGrange has an outstanding balance of $26,630.00. LaGrange is in debt to the United States in the amount of $26,630.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative costs, and interest accrues from the date
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  • notified Spearman of the remaining $56,900.00 balance due. Spearman failed to timely submit payment for the remaining balance by December 15, 2004. Accordingly, Spearman is considered to be in default on the two FM broadcast construction permits for which it was the high bidder in Auction No. 37 and it is subject to the applicable default payments. Pursuant to Section 1.2104(g)(2) of the Commission's rules, Spearman owes an initial default payment of $10,035.00, which is three-percent (3%) of its net winning bids of $334,500.00. Pursuant to Section 1.2106(e) of the Commission's rules, we will apply Spearman's payments on deposit to satisfy this initial default payment obligation. Once subsequent high bids are established for the relevant spectrum, we will determine Spearman's final
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  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, Telebeeper has an outstanding balance of $152,820.00. Telebeeper is in debt to the United States in the amount of $152,820.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative costs, and
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  • Bureaus will therefore limit the number of rounds in which bidders may place withdrawals to one round. The round will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn in the round. Withdrawals during the auction will be subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Bidders should note that abuse of the Commission's bid withdrawal procedures could result in the denial of the ability to bid on a construction permit. Procedures. Before the close of a bidding round, a bidder has the option of removing any bids placed in that round. By using the ``remove bids'' function in the FCC Auction System, a bidder may
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  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., 18 FCC Rcd 16889 (2003); Abundant Life, Inc., 16 FCC Rcd 4972 (2001); ``Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules,'' Public Notice, 11 FCC Rcd 10853 (1996). h $ $ - 3 9 C D F R x y } #} ~ � � hK ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5
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  • (FCC Form 601) review. A winning bidder that is found unqualified to be a licensee, fails to remit the balance of its winning bid in a timely manner, or defaults or is disqualified for any reason after having made the required down payment, will be deemed to have defaulted and will be liable for the payment set forth in Section 1.2104(g)(2). In such event, the Commission may either auction the spectrum to existing or new applicants or offer it to the other highest bidders (in descending order) at the amount of their final bids. Additionally, bidders that are found to have violated the antitrust laws or the Commission's rules in connection with their participation in the competitive bidding process may be
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  • also 47 C.F.R. � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on June 9, 2005, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). However, an applicant seeking tribal lands bidding credits
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  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, CSSI has an outstanding balance of $5,034.00. CSSI is in debt to the United States in the amount of $5,034.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative costs, and
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  • 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. PART 2 -- FREQUENCY ALLOCATIONS
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  • but above $1,000 are rounded to the nearest $100; and results below $1,000 are rounded to the nearest $10. See Section II.D. ``Provisionally Winning Bids,'' infra. For example, when monitoring activity for determining when to change stages, we may consider the percentage of bidding units of the licenses receiving new provisionally winning bids, excluding any FCC-held licenses. 47 C.F.R. � 1.2104(i). 47 U.S.C. � 309(j)(4)(F). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). Part 1 Third Report and Order, 13 FCC Rcd at 454-55 � 141. See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening Bids or Reserve Prices, Order, 12 FCC Rcd
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  • rounds, a bidder may withdraw provisionally winning bids from previous rounds using the ``withdraw bids'' function in the FCC Auction System (assuming that the bidder has not reached its withdrawal limit). A provisionally winning bidder that withdraws its provisionally winning bid from a previous round during the auction is subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Note: Once a withdrawal is submitted during a round, that withdrawal cannot be unsubmitted. In previous auctions, we have detected bidder conduct that, arguably, may have constituted anti-competitive behavior through the use of bid withdrawals. While we continue to recognize the important role that bid withdrawals play in an auction, i.e., reducing risk associated with efforts to secure various construction
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1655A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1655A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1655A1.txt
  • in Attachment A fails to pay the balance of its winning bid by the late payment deadline of July 13, 2005, they will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicant will be assessed a default payment as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Media Bureau will announce the grant of the construction permit if the Commission has received the timely final payment of the winning bid amount. A construction permit will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. �
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  • but above $1,000 are rounded to the nearest $100; and results below $1,000 are rounded to the nearest $10. See Section II.D. ``Provisionally Winning Bids,'' infra. For example, when monitoring activity for determining when to change stages, we may consider the percentage of bidding units of the licenses receiving new provisionally winning bids, excluding any FCC-held licenses. 47 C.F.R. � 1.2104(i). 47 U.S.C. � 309(j) (as amended by Balanced Budget Act, Section 3002(a)). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). Part 1 Third Report and Order, 13 FCC Rcd at 454-55 � 141. See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening
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  • is an additional payment equal to three percent (3%) of the defaulter's bid, or the subsequent winning bid, whichever is less. In the event that the subsequent winning bid is greater than or equal to the defaulted bid, the total default payment is equal to three percent of the defaulted bid. As shown in Attachment A, in accordance with Section 1.2104(g)(2), after applying any interim payments or amounts on deposit with the Commission, Citifone has met its obligation. Therefore, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund the $20,145.00 held in connection with license CWBTA470-C4. To obtain a refund, the payor of record must submit a request in accordance with the instructions set forth
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  • is an additional payment equal to three percent (3%) of the defaulter's bid, or the subsequent winning bid, whichever is less. In the event that the subsequent winning bid is greater than or equal to the defaulted bid, the total default payment is equal to three percent of the defaulted bid. As shown in Attachment A, in accordance with Section 1.2104(g)(2), after applying any interim payments or amounts on deposit with the Commission, TPS has an outstanding balance of $4,741,906.32. TPS is in debt to the United States in the amount of $4,741,906.32, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative costs, and interest accrues
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-194A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-194A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-194A1.txt
  • but above $1,000 are rounded to the nearest $100; and results below $1,000 are rounded to the nearest $10. See Section II.D. ``Provisionally Winning Bids,'' infra. For example, when monitoring activity for determining when to change stages, we may consider the percentage of bidding units of the licenses receiving new provisionally winning bids, excluding any FCC-held licenses. 47 C.F.R. � 1.2104(i). 47 U.S.C. � 309(j) (as amended by Balanced Budget Act, Section 3002(a)). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). Part 1 Third Report and Order, 13 FCC Rcd at 454-55 � 141. See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening
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  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., 18 FCC Rcd 16889 (2003); Abundant Life, Inc., 16 FCC Rcd 4972 (2001); ``Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules,'' Public Notice, 11 FCC Rcd 10853 (1996). h $ $ 0 2 7 = G H #H J V | } � � '' tm hK ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I
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  • may withdraw provisionally winning bids from previous rounds using the ``withdraw bids'' function in the FCC Auction System (assuming that the bidder has not already withdrawn bids in a previous round). A provisionally winning bidder that withdraws its provisionally winning bid from a previous round during the auction is subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Note: Once a withdrawal is submitted during a round, that withdrawal cannot be unsubmitted. In previous auctions, we have detected bidder conduct that, arguably, may have constituted anti-competitive behavior through the use of bid withdrawals. While we continue to recognize the important role that bid withdrawals play in an auction, i.e., reducing risk associated with efforts to secure various licenses
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2239A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2239A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2239A1.txt
  • (FCC Form 601) review. A winning bidder that is found unqualified to be a licensee, fails to remit the balance of its winning bid in a timely manner, or defaults or is disqualified for any reason after having made the required down payment, will be deemed to have defaulted and will be liable for the payment set forth in Section 1.2104(g)(2). In such event, the Commission may either auction the spectrum to existing or new applicants or offer it to the other highest bidders (in descending order) at the amount of their final bids. Additionally, bidders that are found to have violated the antitrust laws or the Commission's rules in connection with their participation in the competitive bidding process may be
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  • also 47 C.F.R. � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on August 19, 2005, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms to be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). II. FILING FCC FORM 601 ELECTRONICALLY . Select
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2273A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2273A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2273A1.txt
  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., 18 FCC Rcd 16889 (2003); Abundant Life, Inc., 16 FCC Rcd 4972 (2001); ``Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules,'' Public Notice, 11 FCC Rcd 10853 (1996). h $ $ 6 ? E O P R #R ^ � ... � � � � hK ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2304A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2304A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2304A1.txt
  • that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). A winning bidder listed in Attachment A that fails to pay the balance of its winning bid(s) by the late payment deadline of September 23, 2005, will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2305A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2305A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2305A1.txt
  • that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). A winning bidder listed in Attachment A that fails to pay the balance of its winning bid(s) by the late payment deadline of September 23, 2005, will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2316A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2316A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2316A1.txt
  • (FCC Form 601) review. A winning bidder that is found unqualified to be a licensee, fails to remit the balance of its winning bid in a timely manner, or defaults or is disqualified for any reason after having made the required down payment, will be deemed to have defaulted and will be liable for the payment set forth in Section 1.2104(g)(2). In such event, the Commission may either auction the spectrum to existing or new applicants or offer it to the other highest bidders (in descending order) at the amount of their final bids. Additionally, bidders that are found to have violated the antitrust laws or the Commission's rules in connection with their participation in the competitive bidding process may be
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2316A5.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2316A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2316A5.txt
  • also 47 C.F.R. � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on September 7, 2005, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms to be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). However, an applicant seeking tribal lands bidding credits
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2418A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2418A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2418A1.txt
  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., 18 FCC Rcd 16889 (2003); Abundant Life, Inc., 16 FCC Rcd 4972 (2001); ``Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules,'' Public Notice, 11 FCC Rcd 10853 (1996). h $ $ � 2 = > D N O Q ] � h h�p %� � � � � hK ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2423A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2423A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2423A1.txt
  • FCC Rcd at 15971 � 134. Second Report and Order, 9 FCC Rcd at 2378-79 �� 171-76. See Section II.D. ``Provisionally Winning Bids,'' below. For example, when monitoring activity for determining when to change stages, we may consider the percentage of bidding units of the construction permits receiving new provisionally winning bids, excluding any FCC-held construction permits. 47 C.F.R. � 1.2104(i). 47 U.S.C. � 309(j) (as amended by the Balanced Budget Act of 1997, Pub. L. 105-33, 111 Stat. 251 (1997), Section 3002(a)). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Broadcast First Report and Order, 13 FCC Rcd at 15971 � 134; Part 1 Third
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2442A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2442A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2442A1.txt
  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., 18 FCC Rcd 16889 (2003); Abundant Life, Inc., 16 FCC Rcd 4972 (2001); ``Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules,'' Public Notice, 11 FCC Rcd 10853 (1996). h $ $ � : B C 'C I S T V b � � � � � hK rk ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2543A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2543A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2543A1.txt
  • of the review of each applicant's long-form application, but only after the full and timely payment of winning bids and any applicable late fees. If a winning bidder defaults or is disqualified for any reason after having made the required down payment, it will be deemed to have defaulted and will be liable for the payment set forth in Section 1.2104(g)(2). In such event, the Commission may either auction the spectrum to existing or new applicants or offer it to the other highest bidders (in descending order) at the amount of their final bids. Additionally, bidders that are found to have violated the antitrust laws or the Commission's rules in connection with their participation in the competitive bidding process may be
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2686A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2686A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2686A1.txt
  • of the MAS channels won at auction ``to meet expanding public safety and homeland security needs, particularly for security data and video monitoring'' at numerous remote facilities. Discussion. Ordinarily, a winning bidder that fails to file the required long-form application in a timely manner is deemed to have defaulted and is subject to the default payment set forth in Section 1.2104(g). However, the Commission may, for good cause, determine that a late-filed long form application should be accepted. To obtain a waiver of the rules, NPC and SPPC must show that: (i) the underlying purpose of the rule would not be served or would be frustrated by its application to the instant case, and grant of the waiver would be in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2687A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2687A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2687A1.txt
  • RN intends to put this license to use providing ``valuable SCADA [Supervisory Control and Data Acquisition] services to public utilities, uses that will provide significant public benefit.'' Discussion. Ordinarily, a winning bidder that fails to file the required long-form application in a timely manner is deemed to have defaulted and is subject to the default payment set forth in Section 1.2104(g). However, the Commission may, for good cause, determine that a late-filed long form application should be accepted. To obtain a waiver of the Commission's rules, RN must show that: (i) the underlying purpose of the rule would not be served or would be frustrated by its application to the instant case, and grant of the waiver would be in the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2688A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2688A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2688A1.txt
  • state that PSI intends to put the MAS licenses to use in the provision of valuable services to its existing subscribers, which will provide significant public benefit. Discussion. Ordinarily, a winning bidder that fails to file the required long-form application in a timely manner is deemed to have defaulted and is subject to the default payment set forth in Section 1.2104(g). However, the Commission may, for good cause, determine that a late-filed long form application should be accepted. To obtain a waiver of the Commission's rules, PSI must show that: (i) the underlying purpose of the rule would not be served or would be frustrated by its application to the instant case, and grant of the waiver would be in the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2700A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2700A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2700A1.txt
  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., 18 FCC Rcd 16889 (2003); Abundant Life, Inc., 16 FCC Rcd 4972 (2001); ``Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules,'' Public Notice, 11 FCC Rcd 10853 (1996). � h $ $ : B E J T U W %W c � � � � � � hK ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-277A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-277A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-277A1.txt
  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., 18 FCC Rcd 16889 (2003); Abundant Life, Inc., 16 FCC Rcd 4972 (2001); ``Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules,'' Public Notice, 11 FCC Rcd 10853 (1996). � h $ $ V = > @ L r s w x � � hK ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ���
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2987A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2987A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2987A1.txt
  • the auction. Default and Disqualification Any high bidder that defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit timely a long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event, the Commission may re-auction the construction permit or offer it to the next highest bidder (in descending order) at its final bid amount. In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, the Commission may declare the applicant and its principals ineligible to bid in future auctions, and may
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2997A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2997A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2997A1.txt
  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., 18 FCC Rcd 16889 (2003); Abundant Life, Inc., 16 FCC Rcd 4972 (2001); ``Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules,'' Public Notice, 11 FCC Rcd 10853 (1996). h $ $ - ; K U V X d � � � � � (� � hK ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3164A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3164A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3164A1.txt
  • (FCC Form 601) review. A winning bidder that is found unqualified to be a licensee, fails to remit the balance of its winning bid in a timely manner, or defaults or is disqualified for any reason after having made the required down payment, will be deemed to have defaulted and will be liable for the payment set forth in Section 1.2104(g)(2). In such event, the Commission may either auction the spectrum to existing or new applicants or offer it to the other highest bidders (in descending order) at the amount of their final bids. Additionally, bidders that are found to have violated the antitrust laws or the Commission's rules in connection with their participation in the competitive bidding process may be
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3164A5.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3164A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3164A5.txt
  • also 47 C.F.R. � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on December 29, 2005, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms to be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). However, an applicant seeking tribal lands bidding credits
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-356A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-356A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-356A1.txt
  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., 18 FCC Rcd 16889 (2003); Abundant Life, Inc., 16 FCC Rcd 4972 (2001); ``Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules,'' Public Notice, 11 FCC Rcd 10853 (1996). � h $ $ V , - > ? A M s t x y � � hK ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-426A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-426A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-426A1.txt
  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., 18 FCC Rcd 16889 (2003); Abundant Life, Inc., 16 FCC Rcd 4972 (2001); ``Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules,'' Public Notice, 11 FCC Rcd 10853 (1996). h $ $ 2 ? I J L X ~  � � - � hK ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ���
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-459A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-459A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-459A1.txt
  • (FCC Form 601) review. A winning bidder that is found unqualified to be a licensee, fails to remit the balance of its winning bid in a timely manner, or defaults or is disqualified for any reason after having made the required down payment, will be deemed to have defaulted and will be liable for the payment set forth in Section 1.2104(g)(2). In such event, the Commission may either auction the spectrum to existing or new applicants or offer it to the other highest bidders (in descending order) at the amount of their final bids. Additionally, bidders that are found to have violated the antitrust laws or the Commission's rules in connection with their participation in the competitive bidding process may be
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-459A6.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-459A6.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-459A6.txt
  • also 47 C.F.R. � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on March 7, 2005, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). However, an applicant seeking tribal lands bidding credits
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-474A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-474A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-474A1.txt
  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., 18 FCC Rcd 16889 (2003); Abundant Life, Inc., 16 FCC Rcd 4972 (2001); ``Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules,'' Public Notice, 11 FCC Rcd 10853 (1996). � h $ $ h� 4 : < B L M O [ � &� � � � tm � hK ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-506A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-506A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-506A1.txt
  • Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2378-79 �� 171-176 (1994). See Section II.D. ``Provisionally Winning Bids,'' infra. For example, when monitoring activity for determining when to change stages, we may consider the percentage of bidding units of the construction permits receiving new provisionally winning bids, excluding any FCC-held construction permits. 47 C.F.R. � 1.2104(i). 47 U.S.C. � 309(j) (as amended by Balanced Budget Act, Section 3002(a)). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). Part 1 Third Report and Order, 13 FCC Rcd at 454-55 � 141. See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-529A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-529A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-529A1.txt
  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., 18 FCC Rcd 16889 (2003); Abundant Life, Inc., 16 FCC Rcd 4972 (2001); ``Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules,'' Public Notice, 11 FCC Rcd 10853 (1996). � h $ $ h� 0 6 7 8 #8 > H I K W } ~ � � � � hK ��PNG �!�R>^��S�S߿�"K�k������er4
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-615A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-615A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-615A1.txt
  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., 18 FCC Rcd 16889 (2003); Abundant Life, Inc., 16 FCC Rcd 4972 (2001); ``Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules,'' Public Notice, 11 FCC Rcd 10853 (1996). � h $ $ 1 7 9 ? I J L X ~ $~  � � - � hK ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-737A1_Erratum.pdf
  • Lower 700 MHz Band Licenses Scheduled for July 20, 2005; Comment Sought on Reserve Prices or Minimum Opening Bids and Other Auction Procedures for Auction No. 60," Public Notice, DA 05-171 (rel. Jan. 26, 2005) ("Auction No. 60 Comment Public Notice"). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). 3 See Reallocation and Service Rules for the 698-746 MHz Spectrum Band (Television Channels 52-59), Report and Order, 17 FCC Rcd 1022, 1023 � 1 (2002) ("Lower 700 MHz Report & Order"). 4 Id at �� 13-14. 5 Id. at �� 13-14, 27-33, and 44-46. 6 Id. at �� 76-96. For the Lower 700 MHz band, the Commission
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-8A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-8A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-8A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, you have an outstanding balance of $810.00. You are in debt to the United States in the amount of $810.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative costs, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-987A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-987A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-987A1.txt
  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., 18 FCC Rcd 16889 (2003); Abundant Life, Inc., 16 FCC Rcd 4972 (2001); ``Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules,'' Public Notice, 11 FCC Rcd 10853 (1996). � h $ $ 0 > H I K W } ~ � � � � (� hK ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-9A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-9A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-9A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, you have an outstanding balance of $251.00. You are in debt to the United States in the amount of $251.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative costs, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1016A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1016A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1016A1.txt
  • Establishing the Additional Default Payment Percentage Any winning bidder that defaults or is disqualified after the close of an auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) is liable for a default payment under 47 C.F.R. � 1.2104(g)(2). This payment consists of a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a license covering the same spectrum is won in an auction, plus an additional payment equal to a percentage of the defaulter's bid or of the subsequent winning bid, whichever is less.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1135A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1135A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1135A1.txt
  • 20060421ACD KOPLAR COMMUNICATIONS INTERNATIONAL, INC. OSAGE BEACH MO TV-NTS008-51 BNPCT 20060421ACF KEZI, INC. BEND OR TV-NTS011-51 BNPCT 20060421ACB GEORGE S. FLINN, JR. JACKSON MS A winning bidder that is found unqualified to be a Commission licensee will be deemed to have defaulted, its application will be dismissed, and it will be liable for the payment specified in 47 C.F.R. �� 1.2104(g)(2) or 1.2104(g)(3), whichever is applicable. See also 47 C.F.R. � 1.2109(c). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 # $ � � kd ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� : G
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1136A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1136A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1136A1.txt
  • 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). See 47 C.F.R. � 1.2109(a). 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). See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. See 47 C.F.R. � 1.2107(b). gd gd $ $ h � h h � � � �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1167A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1167A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1167A1.txt
  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., 18 FCC Rcd 16889 (2003); Abundant Life, Inc., 16 FCC Rcd 4972 (2001); ``Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules,'' Public Notice, 11 FCC Rcd 10853 (1996). h $ $ � 0 #0 8 = G H J V | } � � '' tm hK ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1197A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1197A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1197A1.txt
  • 20, 2006 (along with the five percent late fee, if applicable), will result in default. See Section D., below. Default and Disqualification Payments The Commission imposes payments on bidders that default on payments due after an auction closes, and on those that are disqualified. In the CSEA/Part 1 Report and Order, released on January 24, 2006, the Commission modified Section 1.2104(g)(2) by increasing the limit on the additional default payment for most auctions from 3 percent to 20 percent. The Commission further indicated that prior to each auction it will establish an additional default payment of 3 to 20 percent for that auction and that the specific level of this payment in each case will be based on the nature of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1197A4.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1197A4.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1197A4.txt
  • C.F.R. � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) before 6:00 p.m. Eastern Time (ET) on June 21, 2006, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). II. FILING FCC FORM 601 ELECTRONICALLY . Select the Log In button in the Online Filing section from this page. and select the Log In button in the Online Filing section. . On the ULS License Manager Login page, enter the applicant's FCC Registration Number (FRN) and password. Click Submit.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-120A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-120A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-120A1.txt
  • and Wireless Telecommunications Bureau Announce Extension of Auction No. 81 Deadlines for Applications and Down Payments,'' Public Notice, DA 05-2847, released October 28, 2005. A winning bidder that is found unqualified to be a Commission licensee will be deemed to have defaulted, its application will be dismissed, and it will be liable for the payment specified in 47 C.F.R. �� 1.2104(g)(2) or 1.2104(g)(3), whichever is applicable. See also 47 C.F.R. � 1.2109(c). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 , - � � kdL ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� # /
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1234A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1234A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1234A1.txt
  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., 18 FCC Rcd 16889 (2003); Abundant Life, Inc., 16 FCC Rcd 4972 (2001); Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (1996). h $ $ � / )/ 6 < F G I U { | � � `` � hK ha ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1256A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1256A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1256A1.txt
  • 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). See 47 C.F.R. � 1.2109(a). 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). See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. See 47 C.F.R. � 1.2107(b). gd gd $ $ h � h h � � � �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1285A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1285A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1285A1.txt
  • days after the payment deadline, provided that it also pays a late fee equal to five percent of the amount due. When a winning bidder fails to pay the balance of its winning bid by the late payment deadline, it is considered to be in default on its license and subject to the applicable default payments set forth in Section 1.2104. WSS does not dispute that it failed to make the full required payment within the time frame provided under the Commission's rules, but instead argues that given its unique facts and circumstances the public interest would be served by a waiver of the due date for its final payment and that application of the default rule would be inequitable in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-130A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-130A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-130A1.txt
  • be permitted limited ability to withdraw high bids submitted during the auction - namely, each bidder could withdraw bids in no more than two rounds during the course of the auction. The Auction No. 37 Procedures PN also clearly warned potential bidders that: ``Withdrawals during the auction will be subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g).'' The Auction No. 37 Procedures PN included two paragraphs which described how the interim and final payments required by Section 1.2104(g) of the Commission's competitive bidding rules are calculated. The Auction No. 37 Procedures PN noted that section 1.2104(g)(1) provides that in instances in which bids have been withdrawn on a construction permit that is not won in the same
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1416A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1416A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1416A1.txt
  • 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). See 47 C.F.R. � 1.2109(a). 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). See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. See 47 C.F.R. � 1.2107(b). gd gd $ $ h � h h � � � �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1443A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1443A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1443A1.txt
  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., 18 FCC Rcd 16889 (2003); Abundant Life, Inc., 16 FCC Rcd 4972 (2001); Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (1996). h $ $ � 1 )1 9 ? I J L X ~  � � - � hK ha ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-147A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-147A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-147A1.txt
  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., 18 FCC Rcd 16889 (2003); Abundant Life, Inc., 16 FCC Rcd 4972 (2001); ``Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules,'' Public Notice, 11 FCC Rcd 10853 (1996). h $ $ � 9 I S T V *V b � � � � � hK ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪��
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1488A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1488A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1488A1.txt
  • Form 301 ``long form'' application by March 10, 2006. The Auction No. 62 Closing Public Notice cautioned that ``[a]n applicant that fails to submit the required long form application before the specified deadline, and fails to establish good cause for any late-filed submission, shall be deemed to have defaulted and shall be subject to the payments set forth in Section 1.2104(g) of the Commission's rules.'' Neely failed to timely submit a post-auction Form 301 application. His Form 301 application was submitted on March 24, 2006, along with a request for a waiver of the filing deadline, as set forth in Sections 73.3573(f)(5)(i) and 73.5005(a) of the Rules, and the Auction No. 62 Closing Public Notice. Neely subsequently supplemented the request for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1578A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1578A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1578A1.txt
  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., 18 FCC Rcd 16889 (2003); Abundant Life, Inc., 16 FCC Rcd 4972 (2001); Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (1996). h $ $ � 4 < = C M N P \ � � � � � � hK ha ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1810A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1810A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1810A1.txt
  • Establishing the Additional Default Payment Percentage Any winning bidder that defaults or is disqualified after the close of an auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) is liable for a default payment under 47 C.F.R. � 1.2104(g)(2). This payment consists of a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a construction permit covering the same spectrum is won in an auction, plus an additional payment equal to a percentage of the defaulter's bid or of the subsequent winning bid, whichever is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1814A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1814A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1814A1.txt
  • Considering the Commission's receipt of SoFast's July 2001 payment as well as all of its post-default payments from 2001 through 2006, we conclude that enforcing the automatic cancellation rule under such circumstances is not necessary to provide the appropriate incentive to make payment of the amounts owed or to preserve the Commission's licensing integrity. We further conclude that enforcing Sections 1.2104(g)(4)(iii)-(iv) with respect to amounts equivalent to those assessed as late fees without serving the rule's underlying purpose would be contrary to the public interest. Doing so would result in automatic cancellation of the license, disrupting the Commission's prior assignment of the license without achieving any countervailing benefit. We stress, however, that if the facts of this case had provided any
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1882A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1882A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1882A1.txt
  • full and timely payment of winning bids and any applicable late fees. If a winning bidder defaults on any of its required payments or is disqualified for any reason after having made the required down payment, it will be deemed to have defaulted, its application will be dismissed, and it will be liable for the payment set forth in Section 1.2104(g)(2). In the event of a default, the Commission, at its discretion, may either auction the license to existing or new applicants or offer it to the other highest bidders (in descending order) at their final bids. Additionally, bidders that are found to have violated the antitrust laws or the Commission's rules in connection with their participation in the competitive bidding
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1882A5.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1882A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1882A5.txt
  • C.F.R. � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) before 6:00 p.m. Eastern Time (ET) on October 4, 2006, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms to be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market names(s). However, an applicant seeking tribal lands bidding credits
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1945A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1945A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1945A1.txt
  • 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). See 47 C.F.R. � 1.2109(a). 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). See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. See 47 C.F.R. � 1.2107(b). gd gd $ $ h � h h � � � �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1949A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1949A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1949A1.txt
  • the auction. Default and Disqualification Any winning bidder that defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). The payments include both a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a construction permit covering the same spectrum is won in an auction, plus an additional payment equal to a percentage of the defaulter's bid or of the subsequent winning bid, whichever is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2002A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2002A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2002A1.txt
  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., 18 FCC Rcd 16889 (2003); Abundant Life, Inc., 16 FCC Rcd 4972 (2001); Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (1996). ���ô��'�z�zvrvnvjfv_XQJQC h $ $ � 8 )8 H R S U a � � � � � � - hK ha ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2014A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2014A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2014A1.txt
  • may withdraw provisionally winning bids from previous rounds using the ``withdraw bids'' function in the FCC Auction System (assuming that the bidder has not already withdrawn bids in a previous round). A provisionally winning bidder that withdraws its provisionally winning bid from a previous round during the auction is subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Note: Once a withdrawal is submitted during a round, that withdrawal cannot be unsubmitted even if the round has not yet ended. The rounds in which a bidder may withdraw its bids will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn in either of these rounds. Withdrawals during
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2091A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2091A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2091A1.txt
  • 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). See 47 C.F.R. � 1.2109(a). See e.g., 47 C.F.R. �� 1.2104(g), 1.2107(b), 1.2109, 73.5003; see also Broadcast Competitive Bidding First Report and Order, 13 FCC Rcd at 15983 � 161; Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (WTB 1996). See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a). See 47 C.F.R. � 1.2107(b). gd gd $ $ h � h h � � �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2110A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2110A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2110A1.txt
  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., Memorandum Opinion and Order, 18 FCC Rcd 16889 (2003); Abundant Life, Inc., Memorandum Opinion and Order, 16 FCC Rcd 4972 (2001); ``Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules,'' Public Notice, 11 FCC Rcd 10853 (1996). h $ $ � - ; '; F G L V W Y e � �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2120A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2120A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2120A1.txt
  • the Commission's rules. The three Applicants request that the Commission allow them to complete submission of their long-form applications, FCC Form 601s, after the October 4, 2006 deadline for filing applications in Auction No. 66. AST and Public Service also request that the Commission not disqualify them from holding AWS licenses and otherwise not hold them in default under section 1.2104 of the Commission's rules. The Applicants submitted their 601 applications and requests for waiver on October 6, 2006. For the reasons set forth below, we grant all three of the Applicants' waiver requests. Background. In their respective waiver requests, the Applicants argue that good cause exists for a waiver of section 1.2107(c) of the Commission's rules. All of the applicants
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2122A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2122A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2122A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, Lockwood has a refund due of $49.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), 1001 Lockwood,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2123A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2123A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2123A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A in accordance with Sections 1.2104(g)(1) and (2), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, 220 MHz has a refund due of $59.00. 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 Sections 1.2104(g) the Commission's Rules, 47 C.F.R. �� 1.2104(g),
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2124A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2124A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2124A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, AAA has a refund due of $510.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), AAA Mid
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2125A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2125A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2125A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, ABS has a refund due of $9,091.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), ABS LMDS
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2126A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2126A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2126A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, Advance has an outstanding balance of $4,410,500.00. Advance is in debt to the United States in the amount of $4,410,500.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative costs, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2127A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2127A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2127A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, Airen has an outstanding balance of $14,782.00. Airen is in debt to the United States in the amount of $14,782.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative costs, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2128A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2128A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2128A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, Alpha has a refund due of $32.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), Alpha Communications
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2129A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2129A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2129A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, you have a refund due of $22.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), Arthur R.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2130A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2130A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2130A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, you have a refund due of $5,012.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), Mr. Steven
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2131A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2131A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2131A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, Bigglesworth has an outstanding balance of $582,937.00. Bigglesworth is in debt to the United States in the amount of $582,937.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative costs, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2132A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2132A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2132A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, you have a refund due of $10.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), Bob Jacobson
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2133A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2133A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2133A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, Bobier has a refund due of $10.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), Bobier is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2134A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2134A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2134A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, C&C has a refund due of $510.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), Cable &
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2135A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2135A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2135A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, Catfish has a refund due of $100.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), Catfish Communications,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2136A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2136A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2136A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, you have a refund due of $2,895.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), Mr. Salvador
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2137A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2137A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2137A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, College has an outstanding balance of $1,388,050.00. College is in debt to the United States in the amount of $1,388,050.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative costs, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2139A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2139A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2139A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, Cumulus has an outstanding balance of $1,232,980.00. Cumulus is in debt to the United States in the amount of $1,232,980.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative costs, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2140A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2140A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2140A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, DTV has an outstanding balance of $833,350.00. DTV is in debt to the United States in the amount of $833,350.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative costs, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2141A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2141A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2141A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, Eclipse has a refund due of $15,799.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), Eclipse Communications
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2142A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2142A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2142A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, ENMR has a refund due of $9,224.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), ENMR Telephone
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2143A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2143A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2143A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, FCCA has a refund due of $99.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), FCCA, LLC
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2144A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2144A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2144A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, FCR has a refund due of $319.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), FCR, Inc.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2145A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2145A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2145A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, Fields has a refund due of $3,218.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), Fields Pond
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2146A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2146A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2146A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, you have an outstanding balance of $418.00. Bruce E. Fox is in debt to the United States in the amount of $418.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2147A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2147A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2147A1.txt
  • the bidder's withdrawn amount, then the bidder will be required to make a final 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, you have a refund due of $1,035.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), Glenn W.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2148A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2148A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2148A1.txt
  • the bidder's withdrawn amount, then the bidder will be required to make a final 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, Global Telecom has a refund due of $6,098.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), Global
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2149A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2149A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2149A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, Highspeed has a refund due of $3,349.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), Highspeed.com LLC
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2150A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2150A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2150A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, Hispanic has an outstanding balance of $233,408.00. Hispanic is in debt to the United States in the amount of $233,408.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative costs, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2151A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2151A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2151A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, you have a refund due of $41.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), Kathleen Janssen
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2152A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2152A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2152A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, JPJ Electronic has a refund due of $15.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), JPJ
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2153A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2153A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2153A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, JSM has a refund due of $11.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), JSM Net
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2154A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2154A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2154A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, Kemp has an outstanding balance of $23,606.00. Kemp is in debt to the United States in the amount of $23,606.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative costs, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2155A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2155A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2155A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, LaGrange has an outstanding balance of $28,870.00. LaGrange is in debt to the United States in the amount of $28,870.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative costs, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2156A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2156A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2156A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, you have a refund due of $56.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), Lemar D.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2157A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2157A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2157A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, you have a refund due of $90.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), Linda Sue
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2158A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2158A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2158A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, you have an outstanding balance of $231,340.00. You are in debt to the United States in the amount of $231,340.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative costs, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2159A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2159A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2159A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, McBride has a refund due of $23.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), McBride Spectrum
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2160A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2160A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2160A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, you have a refund due of $10.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), Joseph B.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2161A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2161A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2161A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, Mobile has a refund due of $27.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), Mobile is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2162A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2162A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2162A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, Nassau has an outstanding balance of $601,340.00. Nassau is in debt to the United States in the amount of $601,340.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative costs, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2163A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2163A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2163A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, CSI has an outstanding balance of $60,794.00. CSI is in debt to the United States in the amount of $60,794.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative costs, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2164A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2164A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2164A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, NEP, LLC has a refund due of $30.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), NEP,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2165A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2165A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2165A1.txt
  • the bidder's withdrawn amount, then the bidder will be required to make a final 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, New Mexico RSA has a refund due of $293.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g),
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2166A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2166A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2166A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, NUCOM has a refund due of $153.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), NUCOM is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2167A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2167A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2167A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, you have a refund due of $236.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), Richard L.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2168A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2168A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2168A1.txt
  • the bidder's withdrawn amount, then the bidder will be required to make a final 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, Paging Systems has a refund due of $15.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), Paging
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2169A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2169A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2169A1.txt
  • the bidder's withdrawn amount, then the bidder will be required to make a final 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, Pegasus PCS has a refund due of $6,990.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), Pegasus
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2170A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2170A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2170A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, Pioneer has a refund due of $110.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), Pioneer is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2171A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2171A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2171A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, Progeny has an outstanding balance of $1,651.00. Progeny is in debt to the United States in the amount of $1,651.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative costs, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2172A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2172A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2172A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, you have a refund due of $14.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), Karl Rinker
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2173A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2173A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2173A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, SDSH has an outstanding balance of $7,381.00. SDSH is in debt to the United States in the amount of $7,381.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative costs, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2174A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2174A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2174A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, SKSW has a refund due of $18,975.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), SKSW LMDS
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2175A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2175A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2175A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, Superior has a refund due of $30.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), Superior Technologies,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2176A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2176A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2176A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, Tunis has a refund due of $11,232.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), Ben Tunis
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2177A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2177A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2177A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, Viacel has a refund due of $2,050.00. 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) of the Commission's Rules, 47 C.F.R. � 1.2104(g), Viacel is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2178A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2178A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2178A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, XIT has a refund due of $1,122.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), XIT Telecommunications
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  • the auction. Default and Disqualification Any winning bidder that defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). The payments include both a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a construction permit covering the same spectrum is won in an auction, plus an additional payment equal to a percentage of the defaulter's bid or of the subsequent winning bid, whichever is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2298A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2298A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2298A1.txt
  • Establishing the Additional Default Payment Percentage Any winning bidder that defaults or is disqualified after the close of an auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) is liable for a default payment under 47 C.F.R. � 1.2104(g)(2). This payment consists of a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a license covering the same spectrum is won in an auction, plus an additional payment equal to a percentage of the defaulter's bid or of the subsequent winning bid, whichever is less.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2300A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2300A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2300A1.txt
  • default payment obligation for FM broadcast construction permit FM027-A. Section 73.5005 of the Commission's rules provides that an applicant that fails to submit the required long-form application under this section and fails to establish good cause for any late-filed submission shall be deemed to have defaulted and be subject to the default payment provisions as set forth in 47 CFR 1.2104(g). The default payment has two components. The first component is the difference between the bidder's net defaulted bid and the subsequent net winning bid, or the difference between the bidder's gross defaulted bid and the subsequent gross winning bid, whichever is less, the next time the construction permit is offered by the Commission (so long as the subsequent winning bid
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2328A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2328A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2328A1.txt
  • 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). See 47 C.F.R. � 1.2109(a). See e.g., 47 C.F.R. �� 1.2104(g), 1.2107(b), 1.2109, 73.5003; see also Broadcast Competitive Bidding First Report and Order, 13 FCC Rcd at 15983 � 161; Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (WTB 1996). See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a). See 47 C.F.R. � 1.2107(b). gd gd $ $ h � h h � � �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-238A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-238A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-238A1.txt
  • Paul, Auctions: Theory and Practice, Princeton University Press, 2004, 114; Ausubel, L. and P. Cramton, ``Demand Reduction and Inefficiency in Multi-Unit Auctions,'' working paper, 2002; and Grimm, V., F. Riedel and E. Wolfstetter, ``Low price equilibrium in multi-unit auctions: the GSM spectrum auction in Germany,'' International Journal of Industrial Organization 21, 2003, 1557-1569. by-auction basis''). See also 47 C.F.R. � 1.2104(h). See, e.g., Revision of Part 22 and Part 90 of the Commission's Rules to Facilitate Future Development of Paging Systems, Memorandum Opinion and Order on Reconsideration and Third Report and Order, 14 FCC Rcd 10030, 10081 � 87 (1999). See, e.g., Auction of 929 and 931 MHz Paging Service Spectrum, Auction Notice and Filing Requirements for 2,499 Paging Upper Band
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2437A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2437A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2437A1.txt
  • this proposal. Additional Default Payment Percentage Any winning bidder that defaults or is disqualified after the close of an auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) is liable for a default payment under 47 C.F.R. � 1.2104(g)(2). This payment consists of a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a license covering the same spectrum is won in an auction, plus an additional payment equal to a percentage of the defaulter's bid or of the subsequent winning bid, whichever is less.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2484A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2484A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2484A1.txt
  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., Memorandum Opinion and Order, 18 FCC Rcd 16889 (2003); Abundant Life, Inc., Memorandum Opinion and Order, 16 FCC Rcd 4972 (2001); Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (WTB 1996). h $ $ � - ; F L V W Y e � � �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-252A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-252A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-252A1.txt
  • full and timely payment of winning bids and any applicable late fees. If a winning bidder defaults in any of its required payments or is disqualified for any reason after having made the required down payment, it will be deemed to have defaulted, its application will be dismissed, and it will be liable for the payment set forth in Section 1.2104(g)(2). In such event, the Commission may either auction the spectrum to existing or new applicants or offer it to the other highest bidders (in descending order) at the amount of their final bids. Additionally, bidders that are found to have violated the antitrust laws or the Commission's rules in connection with their participation in the competitive bidding process may be
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-299A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-299A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-299A1.txt
  • the auction. Default and Disqualification Any high bidder that defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In the CSEA/Part 1 Report and Order adopted January 24, 2006, the Commission modified its rules to provide that it will, as part of its determination of competitive bidding procedures in advance of each auction, establish the appropriate level, from 3 percent up to a maximum of 20 percent, for the additional payment component of default payments, which the previous
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  • commercial Air-Ground Radiotelephone Service licenses in the 800 MHz band and sought comment on procedures for the auction of these licenses (Auction No. 65). Auction No. 65 is scheduled to commence on May 10, 2006. After the release of the Auction No. 65 Comment Public Notice, the Commission released the CSEA/Part 1 Report and Order, in which it modified Section 1.2104(g)(2) of its rules. This provision, which is part of the Commission's general competitive bidding rules, governs default payments that must be paid by winning bidders that default on a down payment or final payment obligation or are disqualified after the close of an auction. Under the modified rule, the Commission will, as part of its determination of competitive bidding procedures
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-388A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-388A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-388A1.txt
  • POST-AUCTION PROCEDURES 1. Default and Disqualification Any winning bidder that defaults or is disqualified after the close of an auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) is liable for a default payment under 47 C.F.R. � 1.2104(g)(2). This payment consists of a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a license covering the same spectrum is won in an auction, plus an additional payment equal to a percentage of the defaulter's bid or of the subsequent winning bid, whichever is less.
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  • regarding bid withdrawal and bid removal, stopping rules, and information relating to auction delay, suspension or cancellation). See also 47 C.F.R. � 0.131; Amendment of Part 1 of the Commission's Rules - Competitive Bidding Proceeding, Order, Memorandum Opinion and Order, and Notice of Proposed Rule Making, 12 FCC Rcd 5686, 5697-5698 � 16 (1997) (``Part 1 Order''). 47 C.F.R. � 1.2104(e). Proactive waivers are described in Section II.B.3. ``Activity Rule Waivers,'' below. See 47 C.F.R. � 1.2104(i). Part 1 Order, 12 FCC Rcd at 5697-98 � 16. See also Part 1 Third Report and Order, 13 FCC Rcd at 425 � 86; Implementation of Section 309(j) of the Communications Act-Competitive Bidding, Second Report and Order, 9 FCC Rcd 2348, 2378-79 ��
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-549A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-549A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-549A1.txt
  • and Wireless Telecommunications Bureau Announce Extension of Auction No. 81 Deadlines for Applications and Down Payments,'' Public Notice, DA 05-2847, released October 28, 2005. A winning bidder that is found unqualified to be a Commission licensee will be deemed to have defaulted, its application will be dismissed, and it will be liable for the payment specified in 47 C.F.R. �� 1.2104(g)(2) or 1.2104(g)(3), whichever is applicable. See also 47 C.F.R. � 1.2109(c). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 , - � � kdP ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� ! -
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-588A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-588A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-588A1.txt
  • SCHEDULED FOR MAY 10, 2006 Additional Default Payment of 20 Percent Will Apply to Auction No. 65 Report No. AUC-06-65-D (Auction No. 65) By this Public Notice, the Wireless Telecommunications Bureau (``Bureau'') announces the additional payment component of default payments for the upcoming auction of 800 MHz Air-Ground Radiotelephone Service licenses scheduled for May 10, 2006 (Auction No. 65). Section 1.2104(g)(2) of the Commission's rules provides that if, after the close of an auction, a winning bidder defaults on a down payment or final payment obligation or is disqualified (e.g., fails to submit a timely long-form application), the bidder is liable for a default payment. This payment consists of a deficiency payment, equal to the difference between the amount of the
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  • in Attachment A fail to pay the balance of their winning bids by the late payment deadline of April 14, 2006, they will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicants will be assessed a default payment as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. 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
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  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., 18 FCC Rcd 16889 (2003); Abundant Life, Inc., 16 FCC Rcd 4972 (2001); ``Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules,'' Public Notice, 11 FCC Rcd 10853 (1996). h $ $ � 1 8 #8 > H I K W } ~ � � � � hK ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-648A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-648A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-648A1.txt
  • full and timely payment of winning bids and any applicable late fees. If a winning bidder defaults in any of its required payments or is disqualified for any reason after having made the required down payment, it will be deemed to have defaulted, its application will be dismissed, and it will be liable for the payment set forth in Section 1.2104(g)(2). In such event, the Commission may either auction the construction permit to existing or new applicants or offer it to the other highest bidders (in descending order) at the amount of their final bids. Additionally, bidders that are found to have violated the antitrust laws or the Commission's rules in connection with their participation in the competitive bidding process may
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-874A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-874A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-874A1.txt
  • Rcd at 21920 (addressing relationship between Commission's Red Light Display System and Form 175 default and delinquency disclosure requirements for auction applicants). See Debt Collection Order, 19 FCC Rcd at 6540.See also 47 C.F.R. � 1.1112. Applicants that have their long-form applications dismissed will be deemed to have defaulted and will be subject to default payments under 47 C.F.R. �� 1.2104(g) and 1.2109(c). 47 C.F.R. � 1.2110(c)(2). See 47 C.F.R. � 1.2105. See 47 C.F.R. � 1.917. 47 C.F.R. � 1.65. For example, if ownership changes result in the attribution of new interest holders that affect the applicant's qualifications for a new entrant bidding credit, such information must be clearly stated in the applicant's notification. See Liberty Productions, 16 FCC Rcd
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-977A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-977A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-977A1.txt
  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., 18 FCC Rcd 16889 (2003); Abundant Life, Inc., 16 FCC Rcd 4972 (2001); Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (1996). h $ $ � * )* 0 6 @ A C O u v z { � ' hK l ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O �
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  • controlling interest will be implemented based on information the applicants provided in short-form applications to participate in the auction. Each winning bidder remains responsible for compliance with all applicable Commission rules governing applications for a license and licensees, including Section 22.853. Winning bidders that are ineligible to hold a license for any reason are subject to default payments under Section 1.2104(g)(2). Minimum Acceptable Bids The Commission's prohibition against assigning more than one license to multiple bidders sharing common controlling interests also will be taken into account in the procedures for determining minimum acceptable bid amounts in Auction No. 65. The Auction No. 65 Procedures Public Notice included an explanation of how the process for determining minimum acceptable bid amounts. This process
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  • auction. Post-Auction Procedures Default and Disqualification Any winning bidder that defaults or is disqualified after the close of an auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) is liable for a default payment under 47 C.F.R. � 1.2104(g)(2). This payment consists of a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a construction permit covering the same spectrum is won in an auction, plus an additional payment equal to a percentage of the defaulter's bid or of the subsequent winning bid, whichever is
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  • are disqualified. If a winning bidder defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified), the defaulting bidder will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). The payments include both a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a license covering the same spectrum is won in an auction, plus an additional payment equal to ten percent of the defaulter's bid or the subsequent winning bid, whichever is less. If
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  • � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) prior to 6:00 p.m. Eastern Time (ET) on March 28, 2007, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms to be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market names(s). However, an applicant seeking tribal lands bidding credits
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  • 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). See 47 C.F.R. � 1.2109(a). See e.g., 47 C.F.R. �� 1.2104(g), 1.2107(b), 1.2109, 73.5003; see also Broadcast Competitive Bidding First Report and Order, 13 FCC Rcd at 15983 � 161; Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (WTB 1996). See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a). See 47 C.F.R. � 1.2107(b). gd gd $ $ h � h h � � �
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  • are disqualified. If a winning bidder defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified), the defaulting bidder will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). The payments may include both a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid when that allotment is won in an auction, plus an additional payment equal to twenty percent of the defaulter's bid or the subsequent winning bid, whichever is less. If a winning bidder fails to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1668A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1668A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1668A1.txt
  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., Memorandum Opinion and Order, 18 FCC Rcd 16889 (2003); Abundant Life, Inc., Memorandum Opinion and Order, 16 FCC Rcd 4972 (2001); ``Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules,'' Public Notice, 11 FCC Rcd 10853 (1996). h $ $ 0 > H I K W } #} ~ � � � �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1670A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1670A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1670A1.txt
  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., Memorandum Opinion and Order, 18 FCC Rcd 16889 (2003); Abundant Life, Inc., Memorandum Opinion and Order, 16 FCC Rcd 4972 (2001); Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (WTB 1996). h $ $ 2 @ A K L N *N Z � � ... �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1731A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1731A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1731A1.txt
  • is an additional payment equal to three percent (3%) of the defaulter's bid, or the subsequent winning bid, whichever is less. In the event that the subsequent winning bid is greater than or equal to the defaulted bid, the total default payment is equal to three percent of the defaulted bid. As shown in Attachment A, in accordance with Section 1.2104(g)(2), after applying any interim payments or amounts on deposit with the Commission, In Vibration has an outstanding balance of $525,503.50. In Vibration is in debt to the United States in the amount of $525,503.50, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative costs, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1735A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1735A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1735A1.txt
  • is an additional payment equal to three percent (3%) of the defaulter's bid, or the subsequent winning bid, whichever is less. In the event that the subsequent winning bid is greater than or equal to the defaulted bid, the total default payment is equal to three percent of the defaulted bid. As shown in Attachment A, in accordance with Section 1.2104(g)(2), after applying any interim payments or amounts on deposit with the Commission, Spearman has an outstanding balance of $163,334.50. Spearman is in debt to the United States in the amount of $163,334.50, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative costs, and interest accrues
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  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, you have an outstanding balance of $1,413.00. Steven R. Bartholomew is in debt to the United States in the amount of $1,413.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1737A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1737A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1737A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, Radioactive has an outstanding balance of $211,820.00. Radioactive is in debt to the United States in the amount of $211,820.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative costs, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1738A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1738A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1738A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, Visionary has an outstanding balance of $590,720.00. Visionary is in debt to the United States in the amount of $590,720.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative costs, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1739A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1739A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1739A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, you have a refund due of $30,915.50. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), Salvador G.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1740A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1740A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1740A1.txt
  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, Tower has an outstanding balance of $245,323.50. Tower is in debt to the United States in the amount of $245,323.50, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative costs, and
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  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, you have an outstanding balance of $22,344.00. Wilber Johnson is in debt to the United States in the amount of $22,344.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative costs,
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  • is an additional payment equal to three percent (3%) of the defaulter's bid, or the subsequent winning bid, whichever is less. In the event that the subsequent winning bid is greater than or equal to the defaulted bid, the total default payment is equal to three percent of the defaulted bid. As shown in Attachment A, in accordance with Section 1.2104(g)(2), after applying any interim payments or amounts on deposit with the Commission, Huryan has an outstanding balance of $10,150.00. Huryan is in debt to the United States in the amount of $10,150.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative costs, and interest accrues
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  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, Kemp has a refund due of $42,878.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), Kemp Communications,
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  • it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). If the winning bidder listed on Attachment A fails to pay the balance of its winning bids by the late payment deadline of February 26, 2007, it would be in default and subject to applicable default payments. See 47 C.F.R. � 1.2104(g). The applicant would be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2016A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2016A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2016A1.txt
  • deadlines. Finally, Section 1.2109(b) of the Commission's rules provides that a winning bidder who fails to remit the required down payment within ten business days after the Commission has declared competitive bidding closed will be deemed to have defaulted, its application will be dismissed, and it will be liable for the applicable default payment obligations specified in 47 C.F.R. � 1.2104(g). Although we cannot determine Kankakee's total default payment at this time, we will assess an interim default payment owed by Kankakee, amounting to three percent of its defaulted net high bid for the Culver construction permit, or $10,620.00. Pursuant to Section 1.2106(e) of the Commission's rules, we will apply Kankakee's payment on deposit to satisfy this interim default payment obligation.
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  • 47 C.F.R. � 1.2110(e)(4) (1994) and 47 C.F.R. � 1.2110(f)(4) (1998). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Third Order on Reconsideration of the Third Report and Order, 19 FCC Rcd 2551 (2004) (``Part 1 Third Order on Reconsideration of the Third Report and Order''). In this order addressing the inapplicability of section 1.2104 of the Commission's rules, 47 C.F.R. � 1.2104, to installment payment defaults, the Commission discussed its 1997 decision not to deviate from its license-cancellation-plus-debt-collection rule for installment payment defaults and explained the reasonableness of this decision. Noting that automatic license cancellation is not unique to defaults on installment payments (licenses terminate automatically, for example, when licensees fail to build out
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  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., Memorandum Opinion and Order, 18 FCC Rcd 16889 (2003); Abundant Life, Inc., Memorandum Opinion and Order, 16 FCC Rcd 4972 (2001); ``Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules,'' Public Notice, 11 FCC Rcd 10853 (1996). h $ $ � * 0 6 @ A $A C O u v z {
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  • No. 71. If a winning bidder defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified), the defaulting bidder will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). The payments include both a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a license covering the same spectrum is won in an auction, plus an additional payment equal to ten percent of the defaulter's bid or the subsequent winning bid, whichever is less. If
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  • � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) prior to 6:00 p.m. Eastern Time (ET) on June 11, 2007, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms to be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market names(s). However, an applicant seeking tribal lands bidding credits
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  • it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). If the winning bidder listed in Attachment A fails to pay the balance of its winning bids by the late payment deadline of March 1, 2007, it would be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). The applicant would be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
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  • Warren C. Havens to Margaret Wiener, dated June 19, 2007. Id. See Auction of Licenses for VHF Public Coast and Location and Monitoring Service Spectrum, Order, 17 FCC Rcd 19746, 19749-50 � 7 (Wireless Telecomm. Bur. 2002) (explaining the two-phase auction process in detail). 47 C.F.R. �� 1.2105(a)(2)(ix), (x). See 47 C.F.R. � 1.2109(d). See also 47 C.F.R. �� 1.2109(c), 1.2104(g)(2), 1.2104(g )(3). Mr. Warren C. Havens June 19, 2007 Page 2 Federal Communications Commission Washington, D.C. 20554 � � h@ gd@ h@ � h@ � �1I�� ��(R)˶(c)� $ ��M���a �s�� tm�Ë���]��-|{��U��&�R|�bc)�'/ M�(c)���W��H�u-o·�gtm�������E�H���8ڶ�l ���x����۱�S "� ��tdrR�) ��-�� � ���% ���+�`` ��嬚)�"�F 3��HI�� 4���o�4����u|��K1_� �ӧ�1_BuW ���u�P�f�...�/`� �T �-�� ����N�wqU���u� ��$���oxnǾ ��XN�o GF-��"�t�/ F��[�T�ϰ ^�E �{"_0�3 ZO � �� �6 � ��XA �x
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  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., Memorandum Opinion and Order, 18 FCC Rcd 16889 (2003); Abundant Life, Inc., Memorandum Opinion and Order, 16 FCC Rcd 4972 (2001); Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (WTB 1996). h $ $ � / 5 6 < = G H J V | }
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  • 72. If a winning bidder defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified), the defaulting bidder will be subject to the payment obligations described in 47 C.F.R. � 1.2104(g)(2). These payment obligations include both a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a license covering the same spectrum is won in an auction, plus an additional payment equal to ten percent of the defaulter's bid or the subsequent winning bid, whichever is less.
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  • � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) prior to 6:00 p.m. Eastern Time (ET) on July 18, 2007, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms to be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market names(s). However, an applicant seeking tribal lands bidding credits
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  • Communications Commission, 237 F.3d 683, 691-92 (D.C. Cir. 2001) (citing and discussing Benkelman Telephone Co. v. Federal Communications Commission, 220 F.3d 601, 606 (D.C. Cir. 2000), Orion Communications Ltd. v. Federal Communications Commission, 213 F.3d 761 (D.C. Cir. 2000), and DIRECTV, Inc. v Federal Communications Commission, 110 F.3d 816 (D.C. Cir. 1997)). Elleron at 17250 �8. Id. 47 C.F.R. � 1.2104(i). The Commission has delegated to the Bureau authority and discretion to act pursuant to this rule on the Commission's behalf. Amendment of Part 1 of the Commission's Rules - Competitive Bidding Proceeding, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making, 12 FCC Rcd 5686, 5697-98 �16 (1997); see 47 C.F.R. �� 0.131(c), 0.331. Elleron at 17249 �6.
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  • may withdraw provisionally winning bids from previous rounds using the ``withdraw bids'' function in the FCC Auction System (assuming that the bidder has not already withdrawn bids in two previous rounds). A provisionally winning bidder that withdraws its provisionally winning bid from a previous round during the auction is subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Note: Once a withdrawal is submitted during a round, that withdrawal cannot be unsubmitted even if the round has not yet ended. The rounds in which a bidder may withdraw its bids will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn in either of these rounds. Withdrawals during
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  • Order, 13 FCC Rcd at 436 � 106. See, e.g., 47 C.F.R. � 1.2110(e)(4) (1994) and 47 C.F.R. � 1.2110(g)(4) (2002). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Third Order on Reconsideration of the Third Report and Order, 19 FCC Rcd 2551 (2004). In this Order addressing the inapplicability of 47 C.F.R. � 1.2104 of the Commission's rules to installment payment defaults, the Commission discussed its 1997 decision not to deviate from its license-cancellation-plus-debt-collection rule for installment payment defaults and explained the reasonableness of this decision. Noting that automatic license cancellation is not unique to defaults on installment payments (licenses terminate automatically, for example, when licensees fail to build out in compliance with the
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  • Order, 13 FCC Rcd at 436 � 106. See, e.g., 47 C.F.R. � 1.2110(e)(4) (1994) and 47 C.F.R. � 1.2110(f)(4) (1998). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Third Order on Reconsideration of the Third Report and Order, 19 FCC Rcd 2551 (2004). In this Order addressing the inapplicability of 47 C.F.R. � 1.2104 of the Commission's rules to installment payment defaults, the Commission discussed its 1997 decision not to deviate from its license-cancellation-plus-debt-collection rule for installment payment defaults and explained the reasonableness of this decision. Noting that automatic license cancellation is not unique to defaults on installment payments (licenses terminate automatically, for example, when licensees fail to build out in compliance with the
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  • Order, 13 FCC Rcd at 436 � 106. See, e.g., 47 C.F.R. � 1.2110(e)(4) (1994) and 47 C.F.R. � 1.2110(g)(4) (2002). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Third Order on Reconsideration of the Third Report and Order, 19 FCC Rcd 2551 (2004). In this Order addressing the inapplicability of 47 C.F.R. � 1.2104 of the Commission's rules to installment payment defaults, the Commission discussed its 1997 decision not to deviate from its license-cancellation-plus-debt-collection rule for installment payment defaults and explained the reasonableness of this decision. Noting that automatic license cancellation is not unique to defaults on installment payments (licenses terminate automatically, for example, when licensees fail to build out in compliance with the
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  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., Memorandum Opinion and Order, 18 FCC Rcd 16889 (2003); Abundant Life, Inc., Memorandum Opinion and Order, 16 FCC Rcd 4972 (2001); Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (1996). h $ $ � 0 5 7 = G H J V | } � �
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  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., Memorandum Opinion and Order, 18 FCC Rcd 16889 (2003); Abundant Life, Inc., Memorandum Opinion and Order, 16 FCC Rcd 4972 (2001); Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (1996). h h� $ $ h� h� � * 2 8 %8 B C E Q w
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  • Order, 13 FCC Rcd at 436 � 106. See, e.g., 47 C.F.R. � 1.2110(e)(4) (1994) and 47 C.F.R. � 1.2110(f)(4) (1998). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Third Order on Reconsideration of the Third Report and Order, 19 FCC Rcd 2551 (2004). In this Order addressing the inapplicability of 47 C.F.R. � 1.2104 of the Commission's rules to installment payment defaults, the Commission discussed its 1997 decision not to deviate from its license-cancellation-plus-debt-collection rule for installment payment defaults and explained the reasonableness of this decision. Noting that automatic license cancellation is not unique to defaults on installment payments (licenses terminate automatically, for example, when licensees fail to build out in compliance with the
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  • automatically and the Commission institutes debt collection procedures. See, e.g., 47 C.F.R. � 1.2110(e)(4) (1994) and 47 C.F.R. � 1.2110(f)(4) (1998). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Third Order on Reconsideration of the Third Report and Order, 19 FCC Rcd 2551 (2004). In this Order addressing the inapplicability of 47 C.F.R. � 1.2104 of the Commission's rules to installment payment defaults, the Commission discussed its 1997 decision not to deviate from its license-cancellation-plus-debt-collection rule for installment payment defaults and explained the reasonableness of this decision. Noting that automatic license cancellation is not unique to defaults on installment payments (licenses terminate automatically, for example, when licensees fail to build out in compliance with the
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  • comment on this proposal. Additional Default Payment Percentage Any winning bidder that defaults or is disqualified after the close of an auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) is liable for a default payment under Section 1.2104(g)(2) of the Commission's rules. This payment consists of a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a license covering the same spectrum is won in an auction, plus an additional payment equal to a percentage of the defaulter's bid or of the subsequent winning
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  • permit FM030 and did not make a payment on the remaining balance for FM broadcast construction permit FM269. Accordingly, College is considered to be in default on FM broadcast construction permit FM269 for which it was the high bidder in Auction No. 37, its long-form application is dismissed, and it is subject to the applicable default payment. Pursuant to Section 1.2104(g)(2) of the Rules, College owes an interim default payment of $10,800, which is three-percent (3%) of its net winning bid of $360,000. Pursuant to Section 1.2106(e) of the Rules, we will apply College's payment on deposit to satisfy this interim default payment obligation. Once a subsequent high bid is established for the relevant spectrum, we will determine College's final default
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  • the remaining balance of $41,550.00. Golden Arrow failed to make the payment by the March 1, 2007, due date. Accordingly, Golden Arrow is considered to be in default on all twenty-two licenses for which it was the high bidder in Auction No. 40, its long-form applications are dismissed, and it is subject to the applicable default payments. Pursuant to Section 1.2104(g)(2) of the Rules, Golden Arrow owes interim default payments totaling $1,770.00 which is three-percent (3%) of the total of its net winning bids of $59,000.00. Pursuant to Section 1.2106(e) of the Rules, we will apply Golden Arrow's funds on deposit to satisfy the interim default payment obligations. Once subsequent high bids are established for the relevant spectrum, we will determine
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  • post-auction FCC Form 301 long-form application by May 2, 2007. The Auction No. 70 Closing Public Notice cautioned that ``[a]n applicant that fails to submit the required long-form application before the specified deadline, and fails to establish good cause for any late-filed submission, shall be deemed to have defaulted and shall be subject to the payments set forth in Section 1.2104(g) of the Commission's rules.'' ESW failed timely to file a post-auction Form 301 application. Its Form 301 application (the ``Application'') was submitted on May 29, 2007, and included as Exhibit 1 a request for a waiver of the filing deadline set forth in Sections 73.3573(f)(5)(i) and 73.5005(a) of the Rules, as well as the Auction No. 70 Closing Public Notice.
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  • post-auction FCC Form 301 long-form application by February 26, 2007. The Auction No. 68 Closing Public Notice cautioned that ``[a]n applicant that fails to submit the required long-form application before the specified deadline, and fails to establish good cause for any late-filed submission, shall be deemed to have defaulted and shall be subject to the payments set forth in Section 1.2104(g) of the Commission's rules.'' BKM failed timely to submit a post-auction Form 301 application. Its Form 301 application (the ``Application'') was submitted on March 1, 2007, along with a request for a waiver of the filing deadline set forth in Sections 73.3573(f)(5)(i) and 73.5005(a) of the Rules, as well as the Auction No. 68 Closing Public Notice. 3. In its
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  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., Memorandum Opinion and Order, 18 FCC Rcd 16889 (2003); Abundant Life, Inc., Memorandum Opinion and Order, 16 FCC Rcd 4972 (2001); Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (WTB 1996). h $ $ � = )= I O P Z [ ] i � �
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  • Auction No. 35, is equal to three percent (3%) of the defaulter's bid, or the subsequent winning bid, whichever is less. In the event that the subsequent winning bid is greater than or equal to the defaulted bid, the total default payment is equal to three percent of the defaulted bid. As shown in Attachment A, in accordance with Section 1.2104(g)(2), after applying the interim payment or amount on deposit with the Commission, TPS has an outstanding balance of $1,084,753.70. TPS is in debt to the United States in the amount of $1,084,753.70, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative costs, and interest accrues
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  • the bidder's withdrawn amount, then the bidder will be required to make a final 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, Spotlight has a refund due of $7,853.00. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), Spotlight Media
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  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payment or amounts on deposit with the Commission, Punxsutawney has an outstanding balance of $414,892.00. Punxsutawney is in debt to the United States in the amount of $414,892.00, payable in full, immediately, and without further demand. As permitted under 31 U.S.C. � 3717, the debt is subject to interest, penalties, and administrative costs, and
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  • be accompanied by the appropriate application filing fee. You created your long-form application for filing, but failed to submit the application filing fee. Accordingly, you are considered to be in default on the FM broadcast construction permit FM598-A for which you were the high bidder in Auction No. 70 and are subject to the applicable default payment. Pursuant to Section 1.2104(g)(2) of the Rules, you owe an interim default payment of $6,240.00, which is twenty percent (20%) of your net winning bid of $31,200.00. Pursuant to Section 1.2106(e) of the Rules, we will apply your payments on deposit to satisfy this interim default payment obligation. Once a subsequent high bid is established for the relevant spectrum, we will determine your final
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  • must be accompanied by the appropriate application filing fee. Bramah created the long-form application for filing, but failed to submit the application filing fee. Accordingly, Bramah is considered to be in default on FM broadcast construction permit FM543-A for which it was the high bidder in Auction No. 70 and is subject to the applicable default payment. Pursuant to Section 1.2104(g)(2) of the Rules, Bramah owes an interim default payment of $22,800.00, which is twenty percent (20%) of its net winning bid of $114,000.00. Pursuant to Section 1.2106(e) of the Rules, we will apply Bramah's down payment on deposit to satisfy this interim default payment obligation. Once a subsequent high bid is established for the relevant spectrum, we will determine Bramah's
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  • made a payment in the amount of $8,840.00 on January 26, 2004 for license BEA141FM and did not make a payment on the remaining balance for BEA141FE. Accordingly, Colorado is considered to be in default on BEA141FE for which it was the high bidder in Auction No. 48 and it is subject to the applicable default payment. Pursuant to Section 1.2104(g)(2) of the Commission's rules, Colorado owes an interim default payment of $565.50, which is three-percent (3%) of its net winning bid of $18,850.00. Pursuant to Section 1.2106(e) of the Commission's rules, we will apply Colorado's payments on deposit to satisfy this interim default payment obligation. Once a subsequent high bid is established for the relevant spectrum, we will determine Colorado's
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  • a bid. However, in a later round, a bidder may withdraw provisionally winning bids from previous rounds for non-C Block licenses using the ``withdraw bids'' function in the FCC Auction System. A provisionally winning bidder that withdraws its provisionally winning bid from a previous round during the auction is subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Note: Once a withdrawal is submitted during a round, that withdrawal cannot be unsubmitted even if the round has not yet ended. If a provisionally winning bid is withdrawn, the minimum acceptable bid amount will equal the amount of the second highest bid received for the license, which may be less than, or in the case of tied bids, equal
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  • Request for Waiver of Bid Withdrawal Payment ) ) ) ) Order Adopted: October 22, 2007 Released: October 22, 2007 By the Chief, Wireless Telecommunications Bureau: InTroduction We have before us a Request for Waiver and an Amended Request for Waiver submitted by Advance Acquisition, Inc. (``Advance''), seeking relief from the bid withdrawal payment obligation that Advance incurred under Section 1.2104(g) of the Commission's rules as a result of withdrawing a provisionally winning bid during Auction No. 37. During this auction of FM broadcast construction permits, Advance withdrew its provisionally winning bid on the construction permit for Yarnell, Arizona. At the end of the auction, the Yarnell permit remained unsold and a final bid withdrawal payment could not be calculated; therefore,
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  • (``Bureaus'') provide further guidance as to how the Bureaus intend to exercise their delegated authority in the event that disputes arise with respect to the negotiation of the terms of the NSA. A. Default Payment for D Block Any winning bidder that defaults or is disqualified after the close of an auction is liable for a default payment under Section 1.2104(g)(2) of the Commission's rules. This payment consists of a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a license covering the same spectrum is won in an auction, plus an additional payment equal to a percentage of the defaulter's bid or of the subsequent winning
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  • 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). See 47 C.F.R. � 1.2109(a). 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). See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. See 47 C.F.R. � 1.2107(b). gd gd $ $ h � h h � � � �
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  • Order, 13 FCC Rcd at 436 � 106. See, e.g., 47 C.F.R. � 1.2110(e)(4) (1994) and 47 C.F.R. � 1.2110(f)(4) (1998). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Third Order on Reconsideration of the Third Report and Order, 19 FCC Rcd 2551 (2004). In this Order addressing the inapplicability of 47 C.F.R. � 1.2104 of the Commission's rules to installment payment defaults, the Commission discussed its 1997 decision not to deviate from its license-cancellation-plus-debt-collection rule for installment payment defaults and explained the reasonableness of this decision. Noting that automatic license cancellation is not unique to defaults on installment payments (licenses terminate automatically, for example, when licensees fail to build out in compliance with the
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  • Order, 13 FCC Rcd at 436 � 106. See, e.g., 47 C.F.R. � 1.2110(e)(4) (1994) and 47 C.F.R. � 1.2110(f)(4) (1998). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Third Order on Reconsideration of the Third Report and Order, 19 FCC Rcd 2551 (2004). In this Order addressing the inapplicability of 47 C.F.R. � 1.2104 of the Commission's rules to installment payment defaults, the Commission discussed its 1997 decision not to deviate from its license-cancellation-plus-debt-collection rule for installment payment defaults and explained the reasonableness of this decision. Noting that automatic license cancellation is not unique to defaults on installment payments (licenses terminate automatically, for example, when licensees fail to build out in compliance with the
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  • may withdraw provisionally winning bids from previous rounds using the ``withdraw bids'' function in the FCC Auction System (assuming that the bidder has not already withdrawn bids in two previous rounds). A provisionally winning bidder that withdraws its provisionally winning bid from a previous round during the auction is subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Note: Once a withdrawal is submitted during a round, that withdrawal cannot be unsubmitted even if the round has not yet ended. The rounds in which a bidder may withdraw its bids will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn in either of these rounds. Withdrawals during
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  • it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). If the winning bidder listed on Attachment A fails to pay the balance of its winning bids by the late payment deadline of March 28, 2007, it would be in default and subject to applicable default payments. See 47 C.F.R. � 1.2104(g). The applicant would be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire
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  • meet conditions of the license grant. The United States Court of Appeals for the District of Columbia Circuit also has recognized that licenses cancel automatically, outside of the provisions of Section 312, if the licensee fails to abide by a condition of the license grant. C. GLH's Default Obligation Finally, GLH contends that following its default ``the provisions of Section 1.2104(g)(2) . . . come into play.'' Shortly after GLH filed its Petition, the Commission addressed this issue when it expressly stated in the Part 1 Reconsideration of the Third Report and Order that ``installment payment defaults are covered by Section 1.2110(g)(4) . . which does not incorporate Section 1.2104(g)(2). . . . [P]ursuant to Section 1.2110(g)(4)(iv) . . . licensees
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  • C.F.R. � 1.2110(e)(4) (1994) and 47 C.F.R. � 1.2110(f)(4) (1998). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Third Order on Reconsideration of the Third Report and Order, 19 FCC Rcd 2551 (2004) (``Part 1 Third Order on Reconsideration of the Third Report and Order''). In this order addressing the inapplicability of section � 1.2104 of the Commission's rules, 47 C.F.R. � 1.2104, to installment payment defaults, the Commission discussed its 1997 decision not to deviate from its license-cancellation-plus-debt-collection rule for installment payment defaults and explained the reasonableness of this decision. Noting that automatic license cancellation is not unique to defaults on installment payments (licenses terminate automatically, for example, when licensees fail to build out
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  • on its license and is subject to the applicable default payments. Section 1.2109(c) of the Commission's rules provides that a winning bidder that fails to remit the balance of its winning bid in a timely manner will be deemed to have defaulted, its application will be dismissed, and it will be liable for the applicable payment in 47 C.F.R. � 1.2104(g). Bidding in Auction No. 37 began on November 3, 2004, and concluded on November 23, 2004. Radio Layne was the winning bidder for the Permit, with a gross bid of $34,000. Radio Layne received a 25 percent bidding credit, so that its net winning bid for the Permit was $25,500. Radio Layne's upfront payment to participate in Auction No. 37
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  • Order, 13 FCC Rcd at 436 � 106. See, e.g., 47 C.F.R. � 1.2110(e)(4) (1994) and 47 C.F.R. � 1.2110(f)(4) (1998). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Third Order on Reconsideration of the Third Report and Order, 19 FCC Rcd 2551 (2004). In this Order addressing the inapplicability of 47 C.F.R. � 1.2104 of the Commission's rules to installment payment defaults, the Commission discussed its 1997 decision not to deviate from its license-cancellation-plus-debt-collection rule for installment payment defaults and explained the reasonableness of this decision. Noting that automatic license cancellation is not unique to defaults on installment payments (licenses terminate automatically, for example, when licensees fail to build out in compliance with the
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  • default on its license and subject to the applicable default payments. Section 1.2109(c) of the Commission's rules provides that a winning bidder that fails to remit the balance of its winning bid in a timely manner will be deemed to have defaulted, its application will be dismissed, and it will be liable for the applicable payment in 47 C.F.R. � 1.2104(g). To obtain a waiver of Section 1.2109(a), Silver Palm must show: (i) that the underlying purpose of the rule would not be served, or would be frustrated, by its application in this particular case, and that the grant of the requested waiver would be in the public interest; or (ii) that the unique facts and circumstances of the particular case
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  • Auction Procedures, Public Notice, 19 FCC Rcd 10570, 10602-03 (2004) (``Auction No. 37 Procedures Public Notice''); Auction No. 62 Procedures Public Notice, 20 FCC Rcd at 10531-34. There was no limit on the number of bids a bidder could withdraw in any one round. Withdrawals during the auction were subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). 19 FCC Rcd at 10602-03; 20 FCC Rcd at 10531-34. Auction No. 37 Procedures Public Notice, 19 FCC Rcd at 10602-03; Auction No. 62 Procedures Public Notice, 20 FCC Rcd at 10534. The number of bidding units for a given license is fixed and does not change during the auction as prices rise. In Auction Nos. 37 and 62, the
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  • 47 C.F.R. � 1.2110(e)(4) (1994) and 47 C.F.R. � 1.2110(f)(4) (1998). These provisions are now codified at 47 C.F.R. � 1.2110(g)(4). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Third Order on Reconsideration of the Third Report and Order, 19 FCC Rcd 2551 (2004). In this Order addressing the inapplicability of 47 C.F.R. � 1.2104 of the Commission's rules to installment payment defaults, the Commission discussed its 1997 decision not to deviate from its license-cancellation-plus-debt-collection rule for installment payment defaults and explained the reasonableness of this decision. Noting that automatic license cancellation is not unique to defaults on installment payments (licenses terminate automatically, for example, when licensees fail to build out in compliance with the
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  • to pay the balance of its winning bids by the established deadline or within ten days after the deadline if it also pays a late fee. A winning bidder that fails to pay the balance of its winning bid by the late payment deadline is considered to be in default and subject to the default payments set forth in Section 1.2104. PCS Partners won the Licenses in Auction No. 39. It made full payment of the balance of its winning bids by the payment deadline and submitted its Waiver Request on the following day, November 19, 2002. PCS Partners argues that its obligations as the winning bidder for the Licenses should be voided, that it should not have been required to
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  • No. 68. If a winning bidder defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified), the defaulting bidder will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). The payments include both a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a construction permit covering the same spectrum is won in an auction, plus an additional payment equal to ten percent of the defaulter's bid or the subsequent winning bid, whichever is less.
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  • may no longer remove a bid. However, in a later round, a bidder may withdraw provisionally winning bids from previous rounds for licenses using the ``withdraw bids'' function in the FCC Auction System. A provisionally winning bidder that withdraws its provisionally winning bid from a previous round during the auction is subject to the bid withdrawal payments specified in Section 1.2104(g). Once a withdrawal is submitted during a round, that withdrawal cannot be unsubmitted even if the round has not yet ended. If a provisionally winning bid is withdrawn, the minimum acceptable bid amount will equal the amount of the second highest bid received for the license, which may be less than, or in the case of tied bids, equal to,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1108A1.pdf
  • a private party and precluded that option as a remedy. In the event that the long-form application filed by the winning bidder for the DBlock license is denied, the winning bidder for the D Block license will be deemed to have defaulted under Section 1.2109(c) of the Commission's rules, it will be liable for the default payment set forth in �1.2104(g) (see47 C.F.R. � 1.2104(g)), and the full Commission, at its discretion, shall decide whether to offer a new license for the spectrum to existing or new applicants, offer a new license to the other highest bidders (in descending order) at their final bids, or choose any other process within the Commission's statutory authority toreassign the license, in light of the
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  • and the Commission institutes debt collection procedures. See, e.g., 47 C.F.R. � 1.2110(e)(4) (1994) and 47 C.F.R. � 1.2110(f)(4) (1998). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Third Order on Reconsideration of the Third Report and Order, 19 FCC Rcd 2551 (2004). In that Order, which addressed the inapplicability of 47 C.F.R. � 1.2104 of the Commission's rules to installment payment defaults, the Commission discussed its 1997 decision not to deviate from its license-cancellation-plus-debt-collection rule for installment payment defaults and explained the reasonableness of this decision. Noting that automatic license cancellation is not unique to defaults on installment payments (licenses terminate automatically, for example, when licensees fail to build out in compliance with the
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  • that the License had canceled on January 19, 2005. Spectrum IVDS filed the instant Petition on March 21, 2005. Spectrum IVDS states that it made 14 installment payments after acquiring the License from Interactive and that, for each of the installment payments it submitted, it utilized the two-quarter grace period and paid the required late fees as allowed under Section 1.2104(g)(4). Spectrum IVDS asserts that it did not understand that the rules allowing for a two-quarter grace period were limited by the provisions of the Assumption Agreement, and that it assumed that making a payment on January 27, 2005, was consistent with Section 1.2110(g)(4) of the Commission's rules. Spectrum IVDS moreover asserts that it received a Commission letter indicating that its
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  • those that are disqualified. Bid Default/Disqualification Payments from Auction 77 If the winning bidder defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to make full payment, or is otherwise disqualified), the defaulting bidder will be subject to the payment obligations described in Section 1.2104(g)(2). These payment obligations include both a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a license covering the same spectrum is won in an auction, plus an additional payment equal to a percentage of the defaulter's bid or the subsequent winning bid, whichever is less.
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  • Withdrawal Payment Rule ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER Adopted: July 2, 2008 Released: July 2, 2008 By the Chief, Wireless Telecommunications Bureau: INTRODUCTION In this Order, we address several pleadings seeking relief from bid withdrawal payment obligations that the petitioners incurred under Section 1.2104(g) of the Commission's rules as a result of withdrawing provisionally winning bids in Auction No. 37, an auction of FM broadcast construction permits. Specifically, we address (1) a request filed on behalf of Barry P. Lunderville (``Lunderville''), Connoisseur Media, LLC (``Connoisseur''), College Creek Broadcasting, Inc. (``College Creek''), Cumulus Licensing LLC (``Cumulus''), and Kemp Communications, Inc. (``Kemp'') (collectively, the ``Joint Parties'')
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  • 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). See 47 C.F.R. � 1.2109(a). See e.g., 47 C.F.R. �� 1.2104(g), 1.2107(b), 1.2109, 73.5003; see also Broadcast Competitive Bidding First Report and Order, 13 FCC Rcd at 15983 � 161; Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (WTB 1996). See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a). By letters dated July 9, 2008, the erroneous grants of these two construction permits were rescinded
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  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., Memorandum Opinion and Order, 18 FCC Rcd 16889 (2003); Abundant Life, Inc., Memorandum Opinion and Order, 16 FCC Rcd 4972 (2001); Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (1996). C D $ $ � ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� �
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  • cannot determine the full amount of the default payment that is owed until there is a subsequent winning bid for the license, the Commission assesses an interim payment amounting to between three and twenty percent of the net winning bid. The remainder, if any, is assessed once a subsequent winning bid for the defaulted permit is established. Pursuant to Section 1.2104(g)(2) of the rules, Walton Stations owes an interim default payment totaling $18,120.00, which is three-percent (3%) of its total net winning bid of $604,000.00. Pursuant to Section 1.2106(e) of the Rules, we will apply Walton Stations' payments on deposit to satisfy this interim default payment obligation. Once a subsequent high bid is established for the relevant spectrum, we will determine
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  • bidder that defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full final payment within the prescribed period of time, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). The payments include both a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a construction permit covering the same spectrum is won in an auction, plus an additional payment equal to a percentage of the defaulter's bid or of the subsequent winning bid, whichever is
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  • from Auction 78 If a winning bidder defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified), the defaulting bidder will be subject to the payment obligations described in Section 1.2104(g)(2). These payment obligations include both a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a license covering the same spectrum is won in an auction, plus an additional payment equal to a percent of the defaulter's bid or the subsequent winning bid, whichever is less.
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  • � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) prior to 6:00 p.m. Eastern Time (ET) on September 9, 2008, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market names(s). However, an applicant seeking tribal lands bidding credits
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  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, Chequamegon has a refund due of $216,665.00. 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) of the Commission's rules, 47 C.F.R. �� 1.2104(g), Chequamegon Communications
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  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, CenturyTel has a refund due of $31,100.00. 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) of the Commission's rules, 47 C.F.R. �� 1.2104(g), CenturyTel Broadband
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  • bidder's withdrawn amount, then the bidder will be 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. As shown in Attachment A, in accordance with Section 1.2104(g)(1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, Cross has a refund due of $3,910.00. 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) of the Commission's rules, 47 C.F.R. �� 1.2104(g), Cross Telephone
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  • Once a subsequent high bid is established for the relevant spectrum, we will determine SAI's final default payment obligation. If an additional payment is required, a further order will assess such payment. 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)(2) of the Commission's rules, 47 C.F.R. � 1.2104(g)(2), Spectrum Acquisitions, Inc. is ASSESSED an interim default payment of $30,345.00 for its defaulted high bid for 700 MHz Band licenses CMA663-B in Auction 73. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Spectrum Acquisitions, Inc. funds on deposit will be applied to satisfy the interim default
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  • obligation. Once subsequent high bids are established for the relevant spectrum, we will determine VentureTel's final default payment obligation. If an additional payment is required, a further order will assess such payment. 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)(2) of the Commission's Rules, 47 C.F.R. � 1.2104(g)(2), VentureTel 700, Inc. is ASSESSED an interim default payment of $218,250.00 for its defaulted high bids for the 700 MHz Band licenses CMA169-B, CMA202-B, CMA147-B, CMA625-B, CMA724-B, CMA204-B, and CMA725-B in Auction 73. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, VentureTel 700, Inc. funds on deposit
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  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., Memorandum Opinion and Order, 18 FCC Rcd 16889 (2003); Abundant Life, Inc., Memorandum Opinion and Order, 16 FCC Rcd 4972 (2001); Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (WTB 1996). h $ $ � - 7 < = &= > H I K W }
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  • bidders should allow a minimum of ten minutes. Auction 85 Procedures Public Notice, 23 FCC Rcd at 14,551 �� 89-90. Attachment A of the Auction 85 Procedures Public Notice sets forth the minimum opening bid amounts for each construction permit offered in Auction 85. Auction 85 Procedures Public Notice, 23 FCC Rcd at 14,551-52 �� 91-96. See 47 C.F.R. � 1.2104(g). 47 C.F.R. �� 1.2105(a)(2)(viii), 1.2105(c)(1), and 73.5002(d). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Seventh Report and Order, 16 FCC Rcd 17,546 (2001) (``Part 1 Seventh Report and Order''); Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Order on Reconsideration of
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  • from Auction 85 If a winning bidder defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified), the defaulting bidder will be subject to the payment obligations described in Section 1.2104(g)(2). These payment obligations include both a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a permit or license covering the same spectrum is won in an auction, plus an additional payment equal to a percent of the defaulter's bid or the subsequent winning bid, whichever
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  • cannot determine the full amount of the default payment that is owed until there is a subsequent winning bid for the license, the Commission assesses an interim payment amounting to between three and twenty percent of the net winning bid. The remainder, if any, is assessed once a subsequent winning bid for the defaulted permit is established. Pursuant to Section 1.2104(g)(2) of the Rules, you owe an interim default payment of $270.00, which is three-percent (3%) of your net winning bid of $9,000.00. Pursuant to Section 1.2106(e) of the Rules, we will apply your payment on deposit to satisfy this interim default payment obligation. Once a subsequent high bid is established for the relevant spectrum, we will determine your final default
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  • cannot determine the full amount of the default payment that is owed until there is a subsequent winning bid for the license, the Commission assesses an interim payment amounting to between three and twenty percent of the net winning bid. The remainder, if any, is assessed once a subsequent winning bid for the defaulted permit is established. Pursuant to Section 1.2104(g)(2) of the Rules, you owe an interim default payment totaling $7,254.00, which is three-percent (3%) of your total net winning bid of $241,800.00. Pursuant to Section 1.2106(e) of the Rules, we will apply your payments on deposit to satisfy the interim default payment obligation. Once a subsequent high bid is established for the relevant spectrum, we will determine your final
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  • cannot determine the full amount of the default payment that is owed until there is a subsequent winning bid for the license, the Commission assesses an interim payment amounting to between three and twenty percent of the net winning bid. The remainder, if any, is assessed once a subsequent winning bid for the defaulted permit is established. Pursuant to Section 1.2104(g)(2) of the Rules, you owe interim default payments totaling $9,496.50, which is three-percent (3%) of your total net winning bids of $316,550.00. Pursuant to Section 1.2106(e) of the Rules, we will apply your payments on deposit to satisfy the interim default payment obligations. Once subsequent high bids are established for the relevant spectrum, we will determine your final default payment
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  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., Memorandum Opinion and Order, 18 FCC Rcd 16889 (2003); Abundant Life, Inc., Memorandum Opinion and Order, 16 FCC Rcd 4972 (2001); Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (WTB 1996). h $ $ � 2 9 > ? (? @ J K M Y 
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  • this proposal. Additional Default Payment Percentage Any winning bidder that defaults or is disqualified after the close of an auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) is liable for a default payment under 47 C.F.R. � 1.2104(g)(2). This payment consists of a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a construction permit covering the same spectrum is won in an auction, plus an additional payment equal to a percentage of the defaulter's bid or of the subsequent winning bid, whichever is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-543A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-543A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-543A1.txt
  • comment on this proposal. Considerations Relating to Certain Post-Auction Payment Rules Additional Default Payment Percentage Any winning bidder that defaults or is disqualified after the close of an auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to make full payment, or is otherwise disqualified) is liable for a default payment under Section 1.2104(g)(2) of the Commission's rules. This payment consists of a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a license covering substantially the same spectrum and geographic area is won in an auction, plus an additional payment equal to a percentage of the defaulter's bid or
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-595A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-595A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-595A1.txt
  • from Auction 73 If a winning bidder defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified), the defaulting bidder will be subject to the payment obligations described in Section 1.2104(g)(2). These payment obligations include both a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a license covering the same spectrum is won in an auction, plus an additional payment equal to a percent of the defaulter's bid or the subsequent winning bid, whichever is less.
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  • � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) prior to 6:00 p.m. Eastern Time (ET) on April 3, 2008, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in section 1.2104(g) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market names(s). We note that, if an applicant was the
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  • the auction. It is also possible for the minimum opening bid and the reserve price to be the same amount. Reserve Prices The Commission adopted a reserve price for the auction of AWS-1 licenses in Auction 66, but not for the auction of broadband PCS licenses in Auction 71. The reserve price in Auction 66 was adopted pursuant to Section 1.2104(c) and the Commercial Spectrum Enhancement Act (``CSEA''), which required the Commission to prescribe methods by which the total cash proceeds from any auction of licenses authorizing the use of eligible frequencies, such as 1710 to 1755 MHz, would equal at least 110 percent of the total estimated relocation costs of eligible federal entities. Given that one-half of the frequencies authorized
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  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., Memorandum Opinion and Order, 18 FCC Rcd 16889 (2003); Abundant Life, Inc., Memorandum Opinion and Order, 16 FCC Rcd 4972 (2001); Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (1996). B C $ $ � ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� �
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  • a qualified bidder only conditionally, until resolution of issues relating to its short-form application certification, which will determine NatTel's compliance with Section 1.2105(a)(2)(v) of the Commission's rules. 47 C.F.R. � 1.2105(a)(2)(v). Based on that determination, the Bureau reserves the right to find NatTel not qualified to bid with respect to any license in Auction 73, and therefore subject to Sections 1.2104(g) and 1.2109(c) of the Commission's rules. 47 C.F.R. �� 1.2104(g), 1.2109(c). See 47 C.F.R. �� 1.2107 - 1.2109; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Second Report and Order, 9 FCC Rcd 2348, 2376-77 �� 163-168 (1994). Requests concerning application qualifications and eligibility for a bidding credit are generally considered after the auction
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  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., Memorandum Opinion and Order, 18 FCC Rcd 16889 (2003); Abundant Life, Inc., Memorandum Opinion and Order, 16 FCC Rcd 4972 (2001); Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (WTB 1996). A B $ $ ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� �
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  • to winning bidders at the close of the auction. Default and Disqualification Any winning bidder that defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). The payments include both a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a license covering substantially the same spectrum and geographic area is won in an auction, plus an additional payment equal to a percentage of the defaulter's bid or of the subsequent winning
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  • it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). If the winning bidder listed in Attachment A fails to pay the balance of its winning bid(s) by the late payment deadline of July 2, 2009, it will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). The applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1256A1_Rcd.pdf
  • 2, 2009), providedthat it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). If the winning bidder listed in Attachment A fails to pay the balance of its winning bid(s) by the late payment deadline of July 2, 2009, itwill bein default and subject to applicable default payments. See47 C.F.R. �� 1.2104(g), 1.2109(c). The applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer
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  • Form 301 ``long form'' application by March 10, 2006. The Auction No. 62 Closing Public Notice cautioned that ``[a]n applicant that fails to submit the required long form application before the specified deadline, and fails to establish good cause for any late-filed submission, shall be deemed to have defaulted and shall be subject to the payments set forth in Section 1.2104(g) of the Commission's rules.'' Despite this warning, Neely did not file his Form 301 application until March 24, 2006. Neely submitted a request for waiver of the filing deadline with his application. On July 21, 2006, the Bureau granted Neely's request for waiver, finding that Neely had presented sufficient facts that when considered in their totality, demonstrated circumstances that met
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  • may no longer remove a bid. However, in a later round, a bidder may withdraw provisionally winning bids from previous rounds for licenses using the ``withdraw bids'' function in the FCC Auction System. A provisionally winning bidder that withdraws its provisionally winning bid from a previous round during the auction is subject to the bid withdrawal payments specified in Section 1.2104(g). Once a withdrawal is submitted during a round, that withdrawal cannot be unsubmitted even if the round has not yet ended. If a provisionally winning bid is withdrawn, the minimum acceptable bid amount will equal the amount of the second highest bid received for the license, which may be less than, or in the case of tied bids, equal to,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1376A1_Rcd.pdf
  • 2150-2162 and 2500-2690 MHz Bands, Fourth Memorandum Opinion and Order and SecondFurther Notice of Proposed Rulemaking,WT Docket No. 03-66, FCC 08-83, 23 FCC Rcd 5992, 6002 n. 38 (2008) ("BRS/EBS 4th MO&O &2nd FNPRM"). 347 U.S.C. �309(j)(3)(E)(i) (requirement to seek comment on proposed auction procedures); see also 47 U.S.C. �309(j)(4)(F) (authorization to prescribe reserve price or minimum bid);47 C.F.R. �� 1.2104(c) and (d). 4"Auction of Broadband Radio Service (BRS) Licenses Scheduled for October 27, 2009; Comment Sought on Competitive Bidding Procedures For Auction 86," Public Notice, DA 09-843, 24 FCC Rcd 4605 (2009) ("Auction 86 Comment Public Notice"). 5SeeComments filed by Ad Hoc BRS Applicants Association, dated May 15, 2009 ("Ad Hoc Applicants Comments"); Inforum Communications, Inc., dated May 15, 2009
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  • further order will assess such payment. If the funds on deposit with the Commission more than cover the final default payment, any monies on deposit will then be refunded, less applicable payments. 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)(2) of the Commission's rules, 47 C.F.R. � 1.2104(g)(2), Word of God Fellowship, Inc. is ASSESSED an interim default payment of $595,800 for its defaulted high bids during Auction 64 for the full power television construction permits in Apalachicola, Florida and Medical Lake, Washington. IT IS FURTHER ORDERED that, pursuant to Sections 1.2104 and 1.2106 of the Commission's rules, 47 C.F.R.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1398A1_Rcd.pdf
  • the Commission. Pursuant to the Commission's policy at the time, the Commission's Office of Managing Director refunded WOGF's funds above the 20 percent down payment ($1,199,200) on May 18, 2006. 10Letterfrom Robert L. Olender, Counsel for Word of God Fellowship, Inc., to Marlene H. Dortch, Secretary, Federal Communications Commission, filed July 30, 2008 ("July 30thLetter"). 11 See 47 C.F.R. �� 1.2104(g)(2), 1.2109(b). 12 See 47 C.F.R � 1.2104(g)(2). 13 See id.(2005). Pursuant to recent modifications to the rule governing default payments, the percentage of the applicable bid to be assessed as an additional payment for defaults in a particular auction is established in advance of the auction. Since those modifications were not in effect prior to the beginning of Auction 64,
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  • obligation. Once subsequent high bids are established for the relevant spectrum, we will determine Ozark's final default payment obligation. If an additional payment is required, a further order will assess such payment. 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) of the Commission's rules, 47 C.F.R. � 1.2104(g), Ozark Paging, LLC is ASSESSED final a bid withdrawal payment as computed in Attachment A for BEA095EC in Auction 40. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. � 1.2104(g)(2), Ozark Paging, LLC is ASSESSED final default payment obligations as computed in Attachment A for BEA096FI and BEA099FI in Auction 40.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1399A1_Rcd.pdf
  • No. 40 Closing Public Notice Supplemental File"). SeeAttachment A. 3 See Ozark Paging LLC, Form 601, File No. 0000711219 (filed Dec. 26, 2001) (pertaining to Frequency Block FI in markets BEA094, BEA096, and BEA098); Ozark Paging LLC, Form 601, File No. 0000711254 (filed Dec. 26, 2001) (pertaining to Frequency Block FI in markets BEA093 and BEA099). 4 47 C.F.R. � 1.2104(g)(1)(2001). 8426 Ozark Paging, LLC DA 09-1399 June 24, 2009 of the withdrawn bid.5This payment amount is deducted from any upfront payments or down payments the bidder has deposited for this bidder's account with the Commission.6If, in a subsequent auction, that license receives a winning bid in an amount equal to or greater than the withdrawn bid amount, then no final
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  • Public Notice, 24 FCC Rcd 4448, Att. A. Auction 79 Procedures Public Notice, 24 FCC Rcd at 4484 �� 139-141. Attachment A of the Auction 79 Procedures Public Notice sets forth the minimum opening bid amounts for each construction permit offered in Auction 79. Auction 79 Procedures Public Notice, 24 FCC Rcd at 4484-85 �� 142-147. See 47 C.F.R. � 1.2104(g). 47 C.F.R. �� 1.2105(a)(2)(viii), 1.2105(c)(1), and 73.5002(d). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Seventh Report and Order, FCC 01-270, 16 FCC Rcd 17546 (2001) (``Part 1 Seventh Report and Order''); Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Order on
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  • from Auction 79 If a winning bidder defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified), the defaulting bidder will be subject to the payment obligations described in Section 1.2104(g)(2). These payment obligations include both a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a permit or license covering the same spectrum is won in an auction, plus an additional payment equal to a percent of the defaulter's bid or the subsequent winning bid, whichever
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2063A1_Rcd.pdf
  • All payments must be accompanied by a completed FCC Form 159.9 247 C.F.R. � 1.2107(b). 3Id. 447 C.F.R. � 1.2109(a). 5Id. 647 C.F.R. � 1.2109. A winning bidder that is found unqualified to be a Commission permitee will be deemed to have defaulted, its application will be dismissed, and it will be liable for the payment set forth in Section 1.2104(g)(2) of the Commission's rules. See47 C.F.R. �� 1.2104(g), 1.2109(c). 747 C.F.R. � 1.2109(a). 8The wire transfer must be initiated by the winning bidder through its bank, authorizing the bank to wire funds from the bidder's account to the Commission's account, which will receive payments for financial obligations resulting from Auction 79. Additional information on wire transfers is available on the
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  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., Memorandum Opinion and Order, 18 FCC Rcd 16889 (2003); Abundant Life, Inc., Memorandum Opinion and Order, 16 FCC Rcd 4972 (2001); Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (WTB 1996). ? @ $ $ ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2378A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2378A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2378A1.txt
  • from Auction 86 If a winning bidder defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified), the defaulting bidder will be subject to the payment obligations described in section 1.2104(g)(2). These payment obligations include both a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a license covering the same spectrum is won in an auction, plus an additional payment equal to a percentage of the defaulter's bid or the subsequent winning bid, whichever is less.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2378A1_Rcd.pdf
  • any applicable late fees must be made in accordance with section 1.2109(a) of the 247 C.F.R. � 1.2107(b). 3Id. In the event a bidder has withdrawn a bid(s) and is subject to a bid withdrawal payment(s), the bidder's upfront payment will be first applied to satisfy the withdrawal payment(s) before being applied toward its down payment. See 47 C.F.R. � 1.2104(g)(1). 447 C.F.R. � 1.2109(a). 5Id. 13573 Commission's rules and must occur before action will be taken upon a winning bidder's long-form application (FCC Form 601).6Specifically, licenses will be granted only after the full and timely payment of winning bids and any applicable late fees, in accordance with section 1.2109(a).7 7. An applicant's request for a tribal lands bidding credit has
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  • � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) prior to 6:00 p.m. Eastern Time (ET) on November 23, 2009, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market names(s). However, an applicant seeking tribal lands bidding credits
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2378A6_Rcd.pdf
  • � 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) prior to 6:00 p.m. Eastern Time (ET) on November 23, 2009, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). 13589 Number of Forms To Be Filed.Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if allfiling requirements associated with the application are identicalexcept for the market designator(s) and market names(s). However, an applicant seeking tribal lands bidding credits in one
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  • bidding or the use of withdrawals for anti-competitive purposes. The round in which withdrawals may be used will be at the bidder's discretion, and there is no limit on the number of provisionally winning bids that may be withdrawn during that round. Withdrawals must be in accordance with the Commission's rules, including the bid withdrawal payment provisions specified in section 1.2104(g). The Bureau seeks comment on these bid withdrawal procedures. If commenters believe that each bidder should be allowed to withdraw provisionally winning bids in more than one round during the course of the auction, or should not be permitted to withdraw any bids, they should state how many bid withdrawal rounds they seek and explain what specific factors lead them
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2416A1_Rcd.pdf
  • by public notice or by announcement during the auction, the Bureau may delay, suspend, or cancel the auction in the event of natural disaster, technical obstacle, administrative or weather necessity, evidence of an auction security breach or unlawful bidding activity, or for any other reason that affects the fair and efficient conduct of competitive bidding.14 In 12 47 C.F.R. � 1.2104(e). 13 Proactive waivers are described in Section III.C.3. "Activity Rule Waivers and Reducing Eligibility," provisionally winning bids are defined in Section III.C.6. "Provisionally Winning Bids," and bid withdrawals are described in Section III.C.8. "Bid Withdrawal," below. 14 47 C.F.R. � 1.2104(i). 6160 such cases, the Bureau, in its sole discretion, may elect to resume the auction starting from the beginning
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  • this proposal. Additional Default Payment Percentage Any winning bidder that defaults or is disqualified after the close of an auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) is liable for a default payment under 47 C.F.R. � 1.2104(g)(2). This payment consists of a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a construction permit covering the same spectrum is won in an auction, plus an additional payment equal to a percentage of the defaulter's bid or of the subsequent winning bid, whichever is
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  • the auction closing notice. Default and Disqualification Any winning bidder that defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in Section 1.2104(g)(2). The payments include both a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a construction permit covering the same spectrum is won in an auction, plus an additional payment equal to a percentage of the defaulter's bid or of the subsequent winning bid, whichever is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-810A2_Rcd.pdf
  • deny Briarwood's larger requested addition.7 4.Pursuant to the policies established in the Broadcast Competitive Bidding First Report and Order, applicants may apply for any vacant FM allotment listed in Attachment A.8When two or more 147 U.S.C. �309(j)(3)(E)(i) (requirement to seek comment on proposed auction procedures); see also 47 U.S.C. �309(j)(4)(F) (authorization to prescribe reserve price or minimum bid);47 C.F.R. �� 1.2104(c) and (d). 2"Auction of FM Broadcast Construction Permits Scheduled for September 1, 2009; Comment Sought on Competitive Bidding Procedures For Auction 79," Public Notice, DA 09-422 (rel. Feb. 27, 2009) ("Auction 79 Comment Public Notice"). A summary of this public notice was published at 74 Fed. Reg. 10578 (March 11, 2009). 3L. Topaz Enterprises, Inc., Eric A. Williams, and Mullaney
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  • bidding or the use of withdrawals for anti-competitive purposes. The round in which withdrawals may be used will be at the bidder's discretion, and there is no limit on the number of provisionally winning bids that may be withdrawn during that round. Withdrawals must be in accordance with the Commission's rules, including the bid withdrawal payment provisions specified in Section 1.2104(g). The Bureau seeks comment on these bid withdrawal procedures. If commenters believe that each bidder should be allowed to withdraw provisionally winning bids in more than one round during the course of the auction, they should state how many bid withdrawal rounds they seek and explain what specific factors lead them to that conclusion. Post-Auction Procedures Establishing the Interim Withdrawal
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-843A1_Rcd.pdf
  • stopping rule approach. A simultaneous stopping rule means that all licenses remain available for bidding until bidding closes simultaneously on all licenses. More specifically, bidding will close simultaneously on all licenses after the first round in which no bidder submits any new bids, applies a proactive waiver, or withdraws any provisionally winning bids.23Thus, 21See47 C.F.R. � 1.2105(c). 2247 C.F.R. � 1.2104(e). 23Proactive waivers are described in Section III.B.3. "Activity Rule Waivers and Reducing Eligibility," provisionally winning bids are defined in Section III.B.6. "Provisionally Winning Bids," and bid withdrawals are described in Section III.B.8. "Bid Withdrawal," below. 4609 unless the Bureau announces alternative stopping procedures, bidding will remain open on all licenses until bidding stops on every license. Consequently, it is not
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  • as a late payment deadline of September 30, 2002. Silver Palm had a remaining balance due of $314,400 at this time. The Prepared to Grant Public Notice explained that a winning bidder's failure to pay the balance of its winning bid(s) by the late payment deadline would result in default and the assessment of default payments as prescribed by sections 1.2104(g) and 1.2109(a) and (c) of the Commission's rules. Section 1.2109(c) states that a winning bidder that fails to remit the balance of its winning bid in a timely manner will be deemed to have defaulted, its application will be dismissed, and it will be liable for payments under section 1.2104(g). Section 1.2104(g) sets forth the obligations of a winning bidder
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1125A1_Rcd.pdf
  • for 1,053 Licenses in the 800 MHz SMR Service For The General Category Auction, Auction Rescheduled from August 23, 2000 to August 16, 2000, Minimum Opening Bids and Other Procedural Issues," Public Notice, 15 FCC Rcd 8868 (2000) (the "Auction 34 Procedures Public Notice"). 6Id., 15 FCC Rcd at 8901, citing47 C.F.R. �� 1.2107(b) and 1.2112(b). 7Id., citing47 C.F.R. � 1.2104(g)(2). 8The Licenses are BEA126F (Western Oklahoma, OK), BEA126FF (Western Oklahoma, OK), BEA128F (Abilene, TX), BEA129F (San Angelo, TX), BEA130F (Austin, San Marcos, TX), BEA130FF (Austin, San Marcos, TX), BEA134E (San Antonio, TX), BEA134EE (San Antonio, TX), BEA173B (Guam and Northern Mariana Islands), and BEA173C (Guam and Northern Mariana Islands). 9"800 MHz Specialized Mobile Radio (SMR) Service General Category (851-854 MHz)
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  • this proposal. Additional Default Payment Percentage Any winning bidder that defaults or is disqualified after the close of an auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) is liable for a default payment under 47 C.F.R. � 1.2104(g)(2). This payment consists of a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a construction permit covering the same spectrum is won in an auction, plus an additional payment equal to a percentage of the defaulter's bid or of the subsequent winning bid, whichever is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-125A1_Rcd.pdf
  • if a bidder had applied a waiver. The activity rule will apply as usual, and a bidder with insufficient activity will either lose bidding eligibility or use a waiver. 21. The Bureaus propose to exercise these options only in certain circumstances, for example, where the auction is proceeding unusually slowly or quickly, there is minimal overall bidding 1747 C.F.R. � 1.2104(e). 18Proactivewaivers are described in Section VII.B.3. "Activity Rule Waivers and Reducing Eligibility," provisionally winning bids are defined in Section VII.B.6. "Provisionally Winning Bids," and bid withdrawals are described in Section VII.B.7. "Bid Removal and BidWithdrawal," below. 883 activity, or it appears likely that the auction will not close within a reasonable period of time or will close prematurely. Before exercising
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  • bidder should allow a minimum of ten minutes. Auction 88 Procedures Public Notice, 25 FCC Rcd at 2977-78 �� 135-140. Attachment A of the Auction 88 Procedures Public Notice sets forth the minimum opening bid amounts for each construction permit offered in Auction 88. Auction 88 Procedures Public Notice, 25 FCC Rcd at 2978-79 �� 141-147. See 47 C.F.R. � 1.2104(g). 47 C.F.R. �� 1.2105(a)(2)(viii), 1.2105(c)(1), 73.5002(d). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Seventh Report and Order, FCC 01-270, 16 FCC Rcd 17546 (2001) (``Part 1 Seventh Report and Order''); Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Order on Reconsideration
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  • available approximately ten minutes after the close of each round. 8Auction 88 Procedures Public Notice, 25 FCC Rcd at 2977-78 �� 135-140. Attachment A of the Auction 88 Procedures Public Noticesets forth the minimum opening bid amounts for each construction permit offered in Auction 88. 9Auction 88 Procedures Public Notice, 25 FCC Rcd at 2978-79 �� 141-147. 10See47 C.F.R. � 1.2104(g). 9005 29.Two types of reports will be available to qualified bidders during the auction: (1) publicly available information, and (2) bidder-specific information available only to that bidder when logged in to the FCC Auction System. The public information will be available on the FCC Auction System results page and in downloadable files. When a bidder is logged in to the
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  • this proposal. Additional Default Payment Percentage Any winning bidder that defaults or is disqualified after the close of an auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) is liable for a default payment under 47 C.F.R. � 1.2104(g)(2). This payment consists of a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a construction permit covering the same spectrum is won in an auction, plus an additional payment equal to a percentage of the defaulter's bid or of the subsequent winning bid, whichever is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1351A1_Rcd.pdf
  • only in certain circumstances, for example, where the auction is proceeding unusually slowly or quickly, there is minimal overall bidding activity, or it appears likely that the auction will not close within a reasonable period of time or will close prematurely. Before exercising these options, the Bureaus are likely to attempt to change the pace of the 1447 C.F.R. � 1.2104(e). 15Proactive waivers are described in Section V.B.3. "Activity Rule Waivers and Reducing Eligibility," provisionally winning bids are defined in Section V.B.6. "Provisionally Winning Bids," and bid withdrawals are described in Section V.B.7. "Bid Removal and Bid Withdrawal," below. 12071 auction by, for example, changing the number of bidding rounds per day and/or changing minimum acceptable bids. The Bureaus propose to
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  • that are disqualified. If a winning bidder defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified), the defaulting bidder will be subject to the payment obligations described in section 1.2104(g)(2). These payment obligations include both a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a permit or license covering the same spectrum is won in an auction, plus an additional payment equal to a percent of the defaulter's bid or the subsequent winning bid, whichever
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1360A1_Rcd.pdf
  • result in default.10 247 C.F.R. � 1.2107(b). 3Id. 4SeeSection III. D., "Default and Disqualification Payments," below. 547 C.F.R. � 1.2109(a). 6Id. 747 C.F.R. � 1.2109. A winning bidder that is found unqualified to be a Commission permittee will be deemed to have defaulted, its application will be dismissed, and it will be liable for the payment set forth in Section 1.2104(g)(2) of the Commission's rules. See47 C.F.R. �� 1.2104(g), 1.2109(c). 847 C.F.R. � 1.2109(a). 947 C.F.R. � 1.2109(a). 10Section III.D., "Default and Disqualification Payments,"below. 10072 C. Method of Payment for Down and Final Payments 8.All payments must be in U.S. dollars and made in the form of a wire transfer.11No checks, credit card payments, automated clearing house ("ACH"), or other forms
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  • from Auction 87 If a winning bidder defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified), the defaulting bidder will be subject to the payment obligations described in section 1.2104(g)(2). These payment obligations include both a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a license covering the same spectrum is won in an auction, plus an additional payment equal to a percentage of the defaulter's bid or the subsequent winning bid, whichever is less.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1463A1_Rcd.pdf
  • 10, 2010,5as set out in the "Final Balance Due by Sep 10, 2010 or 247 C.F.R. � 1.2107(b). 3Id. In the event a bidder has withdrawn a bid(s) and is subject to a bid withdrawal payment(s), the bidder's upfront payment will be first applied to satisfy the withdrawal payment(s) before being applied toward its down payment(s). See 47 C.F.R. � 1.2104(g)(1). 4SeeSection III. D., "Withdrawal, Default and Disqualification Payments," below. 547 C.F.R. � 1.2109(a). 18165 (Refund)" column of Attachment B. Each winning bidder must pay the full amount of the final balance due shown in Attachment B by 6:00 p.m. ET on September 10, 2010(or by6:00 p.m. ET on September 24, 2010, along with the five percent late fee required by
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1463A7.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1463A7.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1463A7.txt
  • winning bidder must file its FCC Form 601 electronically prior to 6:00 p.m. Eastern Time (ET) on August 26, 2010. An applicant that fails to submit a long-form application by this deadline and fails to establish good cause for any late-filed submissions shall be deemed to have defaulted and will be subject to the default payments set forth in section 1.2104(g) of the Commission's rules. Number of Forms To Be Filed. An applicant applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market names(s). An applicant must file a separate FCC Form 601 for licenses in each
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1463A7_Rcd.pdf
  • 2010. An applicant that fails to submit a long-form application by this deadline and fails to 1See 47 C.F.R. � 1.65. 2See 47 C.F.R. � 1.934(a), (d), (f); see also 47 C.F.R. � 1.933(b). 18493 establish good cause for any late-filed submissions shall be deemed to have defaulted and will be subject to the default payments set forth in section 1.2104(g) of the Commission's rules.3 Number of Forms To Be Filed. An applicant applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical exceptfor the market designator(s) and market names(s). An applicant must file a separate FCC Form 601 for licenses in each radio
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1711A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1711A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1711A1.txt
  • the withdrawn bid amount, with the percentage generally being higher where there is greater risk of bid withdrawals being used for anti-competitive purposes, such as when there is little need for bidders to aggregate permits. As discussed above, this is the case in Auction 91. The Bureaus therefore believe that the maximum interim bid withdrawal payment percentage allowed by section 1.2104(g)(1) is justified, in the event bid withdrawals are allowed. Commenters advocating the use of bid withdrawals should also address the percentage of the interim bid withdrawal payment. Additional Default Payment Percentage Any winning bidder that defaults or is disqualified after the close of an auction (i.e., fails to remit the required down payment within the prescribed period of time, fails
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1711A1_Rcd.pdf
  • withdraws a provisionally winning bid (if withdrawals are permitted in this auction), or places any new bids 9SeeImplementation of Section 309(j) of the Communications Act �Competitive Bidding, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2360-75 �� 68-159 (1994) ("Second Report and Order") for a general discussion of competitive bidding design. 1047 C.F.R. � 1.2104(e). 11Proactive waivers are described in Section IV.B.3. "Activity Rule Waivers and Reducing Eligibility," provisionally winning bids are defined in Section IV.B.6. "Provisionally Winning Bids," and bid withdrawals are described in Section IV.B.7. "Bid Removal and Bid Withdrawal," below. 13037 on any construction permit for which it is not the provisionally winning bidder. Thus, absent any other bidding activity, a bidder
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-18A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-18A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-18A1.txt
  • may no longer remove a bid. However, in a later round, a bidder may withdraw provisionally winning bids from previous rounds for licenses using the ``withdraw bids'' function in the FCC Auction System. A provisionally winning bidder that withdraws its provisionally winning bid from a previous round during the auction is subject to the bid withdrawal payments specified in section 1.2104(g). Once a withdrawal is submitted during a round, that withdrawal cannot be unsubmitted even if the round has not yet ended. If a provisionally winning bid is withdrawn, the minimum acceptable bid amount will equal the amount of the second highest bid received for the license, which may be less than, or in the case of tied bids, equal to,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-18A1_Rcd.pdf
  • Announced; Down Payments Due June 13, 2003; FCC Forms 601 and 602 Due June 13, 2003; Ten-Day Petition to Deny Period," Public Notice, DA 03-1836, 18 FCC Rcd 11,154 (WTB 2003). 6 47 U.S.C. � 309(j)(3)(E)(i) (requirement to seek comment on proposed auction procedures); see also 47 U.S.C. � 309(j)(4)(F) (authorization to prescribe reserve price or minimum bid);47 C.F.R. �� 1.2104(c) and (d). 7 "Auction of Lower and Upper Paging Bands Licenses Scheduled for May 25, 2010; Comment Sought on Competitive Bidding Procedures For Auction 87," Public Notice, DA 09-2416 (rel. Nov. 30, 2009) ("Auction 87 Comment Public Notice"). 8See Comments filed by Richard Torstrick, dated December 22, 2009 ("Torstrick Comments"); Reply Comments filed by Enterprise Wireless Alliance, dated January 7,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2008A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2008A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2008A1.txt
  • auction closing public notice. Default and Disqualification Any winning bidder that defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in section 1.2104(g)(2). The payments include both a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a construction permit covering the same spectrum is won in an auction, plus an additional payment equal to a percentage of the defaulter's bid or of the subsequent winning bid, whichever is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2008A1_Rcd.pdf
  • also found that the public interest would be served by approving an allotment that would give the State of Delaware a commercial VHF channel as required by Section 331 of the 1 47 U.S.C. � 309(j)(3)(E)(i) (requirement to seek comment on proposed auction procedures); see also 47 U.S.C. � 309(j)(4)(F) (authorization to prescribe reserve price or minimum bid);47 C.F.R. �� 1.2104(c) and (d). 2 "Auction of VHF Commercial Television Station Construction Permits Scheduled for February 15, 2011; Comment Sought on Competitive Bidding Procedures for Auction 90," Public Notice, DA 10-1351 (rel. Sep. 8, 2010) ("Auction 90 Comment Public Notice"). A summary of this public notice was published at 75 Fed. Reg. 57947 (September 23, 2010). 3 Comments of Venture Technologies Group,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2253A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2253A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2253A1.txt
  • auction closing public notice. Default and Disqualification Any winning bidder that defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in section 1.2104(g)(2). The payments include both a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a construction permit covering the same spectrum is won in an auction, plus an additional payment equal to a percentage of the defaulter's bid or of the subsequent winning bid, whichever is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2253A1_Rcd.pdf
  • Notice. The new coordinates � 42 degrees 39 minutes12 seconds North latitude and 73 degrees 8 minutes 4 seconds West longitude � are listed in Attachment A to this Public Notice.6 1 47 U.S.C. � 309(j)(3)(E)(i) (requirement to seek comment on proposed auction procedures); see also 47 U.S.C. � 309(j)(4)(F) (authorization to prescribe reserve price or minimum bid);47 C.F.R. �� 1.2104(c) and (d). 2 "Auction of FM Broadcast Construction Permits Scheduled for March 29, 2011; Comment Sought on Competitive Bidding Procedures For Auction 91," Public Notice, DA 10-1711 (rel. Sept. 21, 2010) ("Auction 91 Comment Public Notice"). A summary of this public notice was published at 75 Fed. Reg. 61752 (Oct. 6, 2010). 3 Blacksmith Multimedia, Inc/WABS, Eric A. Williams, Three
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  • 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. As shown in Attachment A, in accordance with section 1.2104(g)(1) of the Commission's rules, we have completed the final bid withdrawal payment calculation and, after applying any interim bid withdrawal payment or monies Space Data has on deposit, Space Data owes an outstanding balance of $9,600.00. This debt to the United States is payable in full and without further demand within 30 days of the date of this Order in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2261A1_Rcd.pdf
  • bid withdrawal payment of $3,150.00, from the monies it had on deposit.3A license for the same spectrum was offered in a subsequent auction of AWS-1 licenses (Auction 78), and because it received a winning bid,4the Commission is now able to calculate Space Data's final bid withdrawal payment obligation with respect to its withdrawn bid in Auction 66.5 1See47 C.F.R. � 1.2104(g)(1) 2See31 U.S.C. � 3701(b)(1). 3See"Auction of Advanced Wireless Services Licenses Closes; Winning Bidders Announced for Auction No. 66", Public Notice, 21 FCC Rcd 10,521 (WTB 2006). 4See"Auction of AWS-1 and Broadband PCS Licenses Closes, Winning Bidders Announced for Auction 78," Public Notice, 23 FCC Rcd 12,749 (WTB 2008). 547 C.F.R. � 1.2104(g)(1). 16334 Space Data Spectrum Holdings, LLC DA 10-2261
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2262A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2262A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2262A1.txt
  • 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. As shown in Attachment A, in accordance with section 1.2104(g)(1) of the Commission's rules, we have completed the final bid withdrawal payment calculation and, after applying any interim bid withdrawal payment or monies MTPCS has on deposit, MTPCS owes an outstanding balance of $140,900.00. 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2262A1_Rcd.pdf
  • an interim bid withdrawal payment of $19,000.00 from the monies it had on deposit.3A license for the same spectrum was offered in a subsequent auction of AWS licenses (Auction 78), and because it received a winning bid,4the Commission is now able to calculate MTPCS's final bid withdrawal payment obligation with respect to its withdrawn bid in Auction66.5 1See47 C.F.R. � 1.2104(g)(1). 2See31 U.S.C. � 3701(b)(1). 3See"Auction of Advanced Wireless Services Licenses Closes; Winning Bidders Announced for Auction No. 66," Public Notice, 21 FCC Rcd 10,521 (WTB 2006). 4See"Auction of AWS-1 and Broadband PCS Licenses Closes, Winning Bidders Announced for Auction 78," Public Notice, 23 FCC Rcd 12,749 (WTB 2008). 5See47 C.F.R. � 1.2104(g)(1). 16872 MTPCS License Co., LLC DA 10-2262 December
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  • 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. As shown in Attachment A, in accordance with section 1.2104(g)(1) of the Commission's rules, we have completed the final bid withdrawal payment calculation and, after applying any interim bid withdrawal payment or monies ASTCA has on deposit, ASTCA owes an outstanding balance of $205,250.00. 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2264A1_Rcd.pdf
  • owes a bid withdrawal payment, which is a debt owed to the United States.2In 2007, the Commission assessed ASTCA an interim bid withdrawal payment of $63,750.00, from the monies it had on deposit.3Licenses for the same spectrum were offered in a subsequent auction of broadband PCS licenses (Auction 78), and because they received winning bids,4the Commission is 1See47 C.F.R. � 1.2104(g)(1). 2See31 U.S.C. � 3701(b)(1). 3See"Auction of Broadband PCS Spectrum Licenses Closes; Winning Bidders Announced for Auction No. 71," Public Notice, 22 FCC Rcd 9247 (WTB 2007). 4See"Auction of AWS-1 and Broadband PCS Licenses Closes, Winning Bidders Announced forAuction 78," Public Notice, 23 FCC Rcd 12,749 (WTB 2008). 16342 American Samoa Telecommunications Authority DA 10-2264 November 30, 2010 now able to
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  • Auction 35, is equal to three percent (3%) of the defaulter's bid, or the subsequent winning bid, whichever is less. In the event that the subsequent winning bid is greater than or equal to the defaulted bid, the total default payment is equal to three percent (3%) of the defaulted bid. As shown in Attachment A, in accordance with section 1.2104(g)(2) of the Commission's rules, we have completed the final default payment calculation and, after applying the monies TPS has on deposit, TPS owes an outstanding balance of $4,841,534.48. 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2271A1_Rcd.pdf
  • Jimerson, President, TPS Utilicom, Inc., 20FCC Rcd 10,975 (WTB/ASAD 2005). The third license CW- BTA330-C3 was sold in Auction 71, and the Commissionassessed a final default payment for that license. See Letter from Rita Cookmeyer, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau, to Michael A. Jimerson, President, TPS Utilicom, Inc., 22FCC Rcd 16,251 (WTB/ASAD 2007). 2See 47 C.F.R. �� 1.2104(g)(2), 1.2109(b). 3See 31 U.S.C. � 3701(b)(1). 4See alsoOrder, 16 FCC Rcd at 14,836; see 47 C.F.R. � 1.2104(g)(2). 16888 TPS Utilicom, Inc. DA 10-2271 December 1, 2010 licenses (Auction 78), and because it received a winning bid,5the Commission is now able to calculate TPS' final default payment obligation with respect to the license.6 Under the Commission's rules, at the close
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  • 13370 (2000)(\'93}{\rtlch\fcs1 \af0 \ltrch\fcs0 \i Sacramento-Yolo, CA Order,}{\rtlch\fcs1 \af0 \ltrch\fcs0 \'94 collectively, the \'93}{ \rtlch\fcs1 \af0 \ltrch\fcs0 \i Orders}{\rtlch\fcs1 \af0 \ltrch\fcs0 \'94). \par }}}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22 Thus, pursuant to the Commission\rquote s rules,}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \cs24\fs22\super \chftn {\footnote \ltrpar \pard\plain \ltrpar \s22\ql \li0\ri0\widctlpar\wrapdefault\aspalpha\aspnum\faauto\adjustright\rin0\l in0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0 \ltrch\fcs0 \cs24\super \chftn }{\rtlch\fcs1 \af0 \ltrch\fcs0 47 C.F.R. \'a7\'a7 1.2104(g)(2), 1.2109(b). \par }}}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22 Metro-Trak owes a default payment, which is a debt owed to the United States.}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \cs24\fs22\super \chftn {\footnote \ltrpar \pard\plain \ltrpar \s22\ql \li0\ri0\widctlpar\wrapdefault\aspalpha\aspnum\faauto\adjustright\rin0\l in0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0 \ltrch\fcs0 \cs24\super \chftn }{\rtlch\fcs1 \af0 \ltrch\fcs0 31 U.S.C. \'a7 3701(b)(1). \par }}}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22 In 2000, the Commission assessed Metro-Trak initial default
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  • Metro-Trak, LLC, For Multilateration Location and Monitoring Service Auction License �BEA 107C, Minneapolis-St. Paul, MN-WI-IA, Order, 15 FCC Rcd 13365 (2000)("Minneapolis- St. Paul, MN-WI-IA Order") and Metro-Trak, LLC, Request for Extension of Final Payment Deadline for Multilateration Location and Monitoring Service Auction License �BEA164C, Sacramento-Yolo, CA, Order, 15 FCC Rcd 13370 (2000)("Sacramento-Yolo, CA Order," collectively, the "Orders"). 247 C.F.R. �� 1.2104(g)(2), 1.2109(b). 331 U.S.C. � 3701(b)(1). 447 C.F.R. � 1.2104(g)(2). See also Minneapolis-St. Paul, MN-WI-IA Order, 15 FCC Rcd at 13367 and Sacramento-Yolo, CA Order, 15 FCC Rcd at 13374. 16918 Metro-Trak, LLC DA 10-2275 December 1, 2010 winning bids,5the Commission is now able to calculate Metro-Trak's final default payment obligation with respect to the licenses.6 Under the Commission's rules, at
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  • bidding or the use of withdrawals for anti-competitive purposes. The round in which withdrawals may be used will be at the bidder's discretion, and there is no limit on the number of provisionally winning bids that may be withdrawn during that round. Withdrawals must be in accordance with the Commission's rules, including the bid withdrawal payment provisions specified in section 1.2104(g). The Bureau seeks comment on these bid withdrawal procedures. If commenters believe that each bidder should be allowed to withdraw provisionally winning bids in more than one round during the course of the auction, they should state how many bid withdrawal rounds they seek and explain what specific factors lead them to that conclusion. If commenters believe that bidders in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2298A1_Rcd.pdf
  • auction within a reasonable time.8 For Auction 92, the Bureau proposes to 6See 47 C.F.R. � 1.2105(c). 7 "Auction of Advanced Wireless Services Licenses Scheduled for June 29, 2006; Comment Sought on Reserve Prices or Minimum Opening Bids and Other Procedures," Public Notice, DA 06-238, 21 FCC Rcd 794, 799 (2006) (Auction 66 Comment Public Notice). 8 47 C.F.R. � 1.2104(e). 17003 employ a simultaneous stopping rule approach. A simultaneous stopping rule means that all licenses remain available for bidding until bidding closes simultaneously on all licenses. More specifically, bidding will close simultaneously on all licenses after the first round in which no bidder submits any new bids, applies a proactive waiver, or withdraws any provisionally winning bids.9 Thus, unless the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-267A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-267A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-267A1.txt
  • notice, as required by section 1.2107(b) of the Commission's rules. It also stated that ``[a]ny high bidder that defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time . . . or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2).'' The Auction 62 Procedures Public Notice also made clear that long-form applications would be due thirty days after the release of the Auction 62 Closing Public Notice, as required by section 73.5005(a) of the Commission's rules. Mr. Austin timely filed his short-form application to participate in the auction (FCC Form 175) and timely submitted an upfront payment in the amount
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-267A1_Rcd.pdf
  • FCC Rcd 10492 (MB/WTB 2005) ("Auction 62Procedures Public Notice"). 5Id. at 10535. 1439 Federal Communications Commission DA 10-267 defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time . . . or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2)."6The Auction 62Procedures Public Noticealso made clear that long-form applications would be due thirty days after the release of the Auction 62Closing Public Notice, as required by section 73.5005(a) of the Commission's rules.7 3. Mr. Austin timely filed his short-form application to participate in the auction (FCC Form 175) and timely submitted an upfront payment in the amount of $1,500. He
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-524A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-524A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-524A1.txt
  • auction closing public notice. Default and Disqualification Any winning bidder that defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in section 1.2104(g)(2). The payments include both a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a construction permit covering the same spectrum is won in an auction, plus an additional payment equal to a percentage of the defaulter's bid or of the subsequent winning bid, whichever is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-671A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-671A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-671A1.txt
  • Broadband Radio Service (BRS) Licenses Scheduled for October 27, 2009; Comment Sought on Competitive Bidding Procedures For Auction 86,'' Public Notice, DA 09-843, 24 FCC Rcd 4605 (2009) (Auction 86 Comment Public Notice). Neither Lazy Eight nor any other entity objected to inclusion of a Hilo, Hawaii license in the inventory for Auction 86. See 47 C.F.R �� 1.2109 and 1.2104(g)(2). Refunds will be processed via ACH credits. ACH is a domestic funds transfer system providing an electronic parallel to the Federal Reserve check clearing system. ACH is governed by the Rules of the National Automated Clearing House Association. Generally, speaking, an ACH is an instrument for moving money electronically from one participating financial institution to another. Robert W. Card DA
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-671A1_Rcd.pdf
  • Radio Service (BRS) Licenses Scheduled for October 27, 2009; Comment Sought on Competitive Bidding Procedures For Auction 86," Public Notice, DA 09- 843, 24 FCC Rcd 4605 (2009) (Auction 86 Comment Public Notice). Neither Lazy Eight nor any other entity objected to inclusion of a Hilo, Hawaii license in the inventory for Auction 86. 7 See47 C.F.R �� 1.2109 and 1.2104(g)(2). 3844 Robert W. Card DA 10-671 April 22, 2010 ITIS FURTHER ORDERED that this letter shall be sent to the applicant 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
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  • use of withdrawals for anti-competitive purposes. The round in which withdrawals may be used will be at the bidder's discretion, and there is no limit on the number of provisionally winning bids that may be withdrawn during that round. Withdrawals must be in accordance with the Commission's rules, and are subject to the bid withdrawal payment provisions specified in section 1.2104(g). The Bureau seeks comment on these bid withdrawal procedures. If commenters believe that each bidder should be allowed to withdraw provisionally winning bids in more than one round during the course of the auction, or should not be permitted to withdraw any bids, they should state how many bid withdrawal rounds they seek and explain what specific factors lead them
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-849A1_Rcd.pdf
  • withdraws a provisionally winning bid, or places any new bids on any license for which it is not the provisionally winning bidder. Thus, absent any other bidding activity, a bidder placing a new bid on a license for which it is the provisionally winning bidder would not keep the auction open under this modified stopping rule. 22 47 C.F.R. � 1.2104(e). 23 Proactive waivers are described in Section III.C.3. "Activity Rule Waivers and Reducing Eligibility," provisionally winning bids are defined in Section III.C.6. "Provisionally Winning Bids," and bid withdrawals are described in Section III.C.8. "Bid Withdrawal," below. 5304 b) Declare that the auction will end after a specified number of additional rounds ("special stopping rule"). If the Bureau invokes this special
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  • FCC Form 301 ``long form'' application by March 10, 2006. The Auction 62 Closing Public Notice cautioned that ``[a]n applicant that fails to submit the required long form application before the specified deadline, and fails to establish good cause for any late-filed submission, will be deemed to have defaulted and shall be subject to the payments set forth in Section 1.2104(g) of the Commission's rules.'' Despite this warning, Neely did not file his Form 301 application until March 24, 2006. Neely submitted a request for waiver of the filing deadline with his application. On July 21, 2006, the Media Bureau (``Bureau'') granted Neely's waiver request but issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of three thousand
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  • C3 and C4 block licenses, to reduce its total bid amounts was inaccurate when one factors in the potential liability of withdrawal payments. Auction 71 Reply at 18. The Commission's rules provide that a provisionally winning bidder that withdraws its provisionally winning bid from a previous round during the auction is subject to the bid withdrawal payments specified in Section 1.2104(g). The full amount of a withdrawing bidder's liability, if any, cannot be determined until after a subsequent auction is held. A bidder that withdraws a bid will not be responsible for any final withdrawal payment if there is a subsequent higher bid in the same or subsequent auction. See Auction 71 Procedures Public Notice, 22 FCC Rcd at 474-75 �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-106A1_Rcd.pdf
  • the C3 and C4 block licenses, to reduce its total bid amounts was inaccurate when one factors in the potential liability of withdrawal payments. Auction 71 Reply at 18. The Commission's rules provide that a provisionally winning bidder that withdraws its provisionally winning bid from a previous round duringthe auction is subject to the bid withdrawal payments specified in Section 1.2104(g). The full amount of a withdrawing bidder's liability, if any, cannot be determined until after a subsequent auction is held. A bidder that withdraws a 429 Federal Communications Commission DA 11-106 45. We have scrutinized the bidding round results and arguments presented by Blue Sky, yet are unable to find that these arguments provide evidence of prohibited conduct when weighed
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  • the Auction 92 Procedures Public Notice, 26 FCC Rcd at 3390. Auction 92 Procedures Public Notice, 26 FCC Rcd at 3380-81 �� 165-71. Attachment A of the Auction 92 Procedures Public Notice sets forth the minimum opening bid amounts for each license offered in Auction 92. Auction 92 Procedures Public Notice, 26 FCC Rcd at 3390. See 47 C.F.R. � 1.2104(g). See also Auction 92 Procedures Public Notice, 26 FCC Rcd at 3383-84 �� 181-89. Auction 92 Procedures Public Notice, 26 FCC Rcd at 3381 � 171. Id., 26 FCC Rcd at 3372-74 �� 126-35, 3384 � 190. 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, WT Docket No. 97-82,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1131A1_Rcd.pdf
  • available in electronic form through the "HELP" link inthe FCC Auction System. 8Auction 92 Procedures Public Notice, 26 FCC Rcd at 3380-81 �� 165-71. Attachment A of the Auction 92 Procedures Public Noticesets forth the minimum opening bid amounts for each license offered in Auction 92. Auction 92 Procedures Public Notice, 26 FCC Rcd at 3390. 9See 47 C.F.R. � 1.2104(g). See alsoAuction 92 Procedures Public Notice, 26 FCC Rcd at 3383-84 �� 181-89. 10Auction92 Procedures Public Notice, 26 FCC Rcd at 3381 � 171. 11Id., 26 FCC Rcd at 3372-74 �� 126-35, 3384 � 190. 9271 V. CONTINUING APPLICANTOBLIGATIONS A. Prohibited Communications 30.The Bureau reminds applicants that section 1.2105(c) of the Commission's rules prohibits applicants for licenses in any of
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  • from Auction 92 If a winning bidder defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified), the defaulting bidder will be subject to the payment obligations described in section 1.2104(g)(2). These payment obligations include both a deficiency payment, equal to the difference between the amount of the defaulter's bid and the amount of the winning bid the next time a license covering the same spectrum is won in an auction, plus an additional payment equal to a percent of the defaulter's bid or the subsequent winning bid, whichever is less.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1269A1_Rcd.pdf
  • ET on August 25, 2011(or by 6:00 p.m. ET on September 9, 2011, along 247 C.F.R. � 1.2107(b). 3Id. In the event a bidder has withdrawn a bid and is subject to a bid withdrawal payment, the bidder's upfront payment will be first applied to satisfy the withdrawal payment before being applied toward its down payment. See 47 C.F.R. � 1.2104(g)(1). 4SeeSection III. D., "Withdrawal, Default and Disqualification Payments," below. 547 C.F.R. � 1.2109(a). 10495 with the five percent late fee required by section 1.2109(a) of the Commission's rules), even if the winning bidder plans to apply for a tribal lands bidding credit.6Full and timely payment of winning bids and any applicable late fees must be made in accordance with section
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  • winning bidder must file its FCC Form 601 electronically prior to 6:00 p.m. Eastern Time (ET) on August 11, 2011. An applicant that fails to submit a long-form application by this deadline and fails to establish good cause for any late-filed submissions shall be deemed to have defaulted and will be subject to the default payments set forth in section 1.2104(g) of the Commission's rules. Number of Forms To Be Filed. An applicant applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market names(s). However, an applicant seeking tribal lands bidding credits in one or more markets,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1269A6_Rcd.pdf
  • A winning bidder must file its FCC Form 601 electronically prior to 6:00 p.m. Eastern Time (ET) on August 11, 2011. Anapplicant that fails to submit a long-form application by this deadline and fails to establish good cause for any late-filed submissions shall be deemed to have defaulted and will be subject to the default payments set forth in section 1.2104(g) of the Commission's rules.3 Number of Forms To Be Filed.An applicant applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if allfiling requirements associated with the application are identicalexcept for the market designator(s) and market names(s). However, an applicant seeking tribal lands bidding credits in one or more markets, but not all
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  • bids may vary, the bidder should allow a minimum of ten minutes. Auction 90 Procedures Public Notice, DA 10-2008 at �� 131-133. Attachment A of the Auction 90 Procedures Public Notice sets forth the minimum opening bid amounts for each construction permit offered in Auction 90. Auction 90 Procedures Public Notice, DA 10-2008 at �� 134-140. See 47 C.F.R. � 1.2104(g). 47 C.F.R. �� 1.2105(a)(2)(viii), 1.2105(c)(1), 73.5002(d). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Seventh Report and Order, FCC 01-270, 16 FCC Rcd 17546 (2001) (``Part 1 Seventh Report and Order''); Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Order on Reconsideration
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-136A1_Rcd.pdf
  • is available in electronic form through the "HELP" link in the FCC Auction System. 7Auction 90 Procedures Public Notice, DA 10-2008 at �� 131-133. Attachment A of the Auction 90 Procedures Public Noticesets forth the minimum opening bid amounts for each construction permit offered in Auction 90. 8Auction 90 Procedures Public Notice, DA 10-2008 at �� 134-140. 9See47 C.F.R. � 1.2104(g). 885 V. MAINTAINING APPLICANT OBLIGATIONS A. Prohibited Communications 30.The Bureaus remind applicants that sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements, which may include communications regarding post- auction market structure, unless each applicant has identified the other applicant on
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  • the percentage generally being higher where there is greater risk of bid withdrawals being used for anti-competitive purposes, such as when there is little need for bidders to aggregate permits. As discussed above, this is the case in Auction 93. In light of these considerations, the Bureaus propose to use the maximum interim bid withdrawal payment percentage allowed by section 1.2104(g)(1) in the event bid withdrawals are allowed. The Bureaus request comment on using twenty percent for calculating an interim bid withdrawal payment amount in Auction 93. Commenters advocating the use of bid withdrawals should also address the percentage of the interim bid withdrawal payment. Additional Default Payment Percentage Any winning bidder that defaults or is disqualified after the close of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1513A1_Rcd.pdf
  • 13.Further, we propose to retain the discretion to exercise any of the following options during Auction 93: 10SeeImplementation of Section 309(j) of the Communications Act �Competitive Bidding, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2360-75 �� 68-159 (1994) ("Second Report and Order") for a general discussion of competitive bidding design. 1147 C.F.R. � 1.2104(e). 12Provisionally winning bids are bids that would become final winning bidsif the auction were to close in that given round. They are discussed in Section IV.B.6. "Provisionally Winning Bids." Proactive waivers are described in Section IV.B.3. "Activity Rule Waivers and Reducing Eligibility," and bid withdrawals are described in Section IV.B.7. "Bid Removal and Bid Withdrawal," below. 12868 a) Use a
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  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., Memorandum Opinion and Order, 18 FCC Rcd 16889 (2003); Abundant Life, Inc., Memorandum Opinion and Order, 16 FCC Rcd 4972 (2001); Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (1996). W X $ $ X ? ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� ��
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  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., Memorandum Opinion and Order, 18 FCC Rcd 16889 (2003); Abundant Life, Inc., Memorandum Opinion and Order, 16 FCC Rcd 4972 (2001); Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (WTB 1996). 1 2 $ $ 2 � ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o�
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  • a post-auction FCC Form 301 long-form application by June 30, 2011. The Auction 91 Closing Public Notice cautioned that ``[a]n applicant that fails to submit the required long-form application before the specified deadline, and fails to establish good cause for any late-filed submission shall be deemed to have defaulted and shall be subject to the payments set forth in Section 1.2104(g) of the Commission's rules.'' Colville failed timely to submit a post-auction Form 301 application. Her Form 301 application (the ``Application'') was submitted on August 24, 2011, containing a request for a waiver of the filing deadline set forth in Sections 73.3573(f)(5)(i) and 73.5005(a) of the Rules, as well as the Auction 91 Closing Public Notice. 3. In her request for
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  • auction closing public notice. Default and Disqualification Any winning bidder that defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in section 1.2104(g)(2). This payment consists of a deficiency payment, equal to the difference between the amount of the Auction 93 bidder's winning bid and the amount of the winning bid the next time a construction permit covering the same spectrum is won in an auction, plus an additional payment equal to a percentage of the defaulter's bid or of the subsequent winning
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1845A1_Rcd.pdf
  • from the Auction 93 inventory.5 5. Pursuant to the policies established in the Broadcast First Report and Order, applicants may apply for any vacant FM allotment listed in Attachment A.6When two or more short-form 147 U.S.C. �309(j)(3)(E)(i) (requirement to seek comment on proposed auction procedures); see also 47 U.S.C. �309(j)(4)(F) (authorization to prescribe reserve price or minimum bid);47 C.F.R. �� 1.2104(c) and (d). 2"Auction of FM Broadcast Construction Permits Scheduled for March 27, 2012; Comment Sought on Competitive Bidding Procedures For Auction 93," AU Docket No. 11-146, Public Notice, DA 11-1513 (rel. Sept. 12, 2011) ("Auction 93 Comment Public Notice"). A summary of this public notice was published at 76 Fed. Reg. 60830 (Sept. 30, 2011). 3Three Rivers Broadcasting, LLC Reply
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  • FCC Rcd 4983 (MB 2010) (``NPRM''). Id. at 4984 � 4. See Comments of Connoisseur Media, LLC, filed July 6, 2010. Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations, Pacific Junction, Iowa, MB Docket No. 10-108, Report and Order (Proceeding Terminated), 25 FCC Rcd 16253 (Audio Division, MB 2010). 47 U.S.C. � 309(j)(3)(A), (D). See 47 C.F.R. �� 1.2104(g)(2), 1.2108(d)(1), 1.2109(a). See, e.g., Morris Communications, Inc., Memorandum Opinion and Order, 23 FCC Rcd 3179, 3194-95 at �� 34-35 (2008), aff'd, 566 F.3d 184 (D.C. Cir. 2009) (upholding denial of request for waiver of installment payment rules where licensee defaulted on its installment payment obligations and licenses automatically cancelled by operation of Commission's rules); see PCS Partners, L.P., Petition for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-209A1_Rcd.pdf
  • Making, 25 FCC Rcd 4983 (MB 2010) ("NPRM"). 13Id. at 4984 � 4. 14SeeComments of Connoisseur Media, LLC, filed July 6, 2010. 15Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations, Pacific Junction, Iowa, MB Docket No. 10-108, Report and Order (Proceeding Terminated),25 FCC Rcd 16253 (Audio Division, MB 2010). 1647 U.S.C. � 309(j)(3)(A), (D). 17See 47 C.F.R. �� 1.2104(g)(2), 1.2108(d)(1), 1.2109(a). 18See, e.g.,Morris Communications, Inc., Memorandum Opinion and Order,23 FCC Rcd 3179, 3194-95 at �� 34- 35 (2008), aff'd, 566 F.3d 184 (D.C. Cir. 2009) (upholding denial of request for waiver of installment payment rules where licensee defaulted on its installment payment obligations and licenses automatically cancelled by operation of Commission's rules); seePCS Partners, L.P., Petition for Waiver and
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  • that are disqualified. If the winning bidder defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified), the defaulting bidder will be subject to the payment obligations described in section 1.2104(g)(2). These payment obligations include both a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a permit or license covering the same spectrum is won in an auction, plus an additional payment equal to a percent of the defaulter's bid or the subsequent winning bid, whichever
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-312A1_Rcd.pdf
  • that are disqualified.14 14.If the winning bidder defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified), the defaulting bidder will be subject to the payment obligations described in section 1.2104(g)(2).15These payment obligations include both a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a permit or license covering the same spectrum is won in an auction, plus an additional payment equal to a percent of the defaulter's bid or the subsequent winning bid, whichever is
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  • may no longer remove a bid. However, in a later round, a bidder may withdraw provisionally winning bids from previous rounds for licenses using the ``withdraw bids'' function in the FCC Auction System. A provisionally winning bidder that withdraws its provisionally winning bid from a previous round during the auction is subject to the bid withdrawal payments specified in section 1.2104(g). Once a bid withdrawal is submitted during a round, that withdrawal cannot be unsubmitted even if the round has not yet ended. If a provisionally winning bid is withdrawn, the minimum acceptable bid amount will equal the amount of the second highest bid received for the license, which may be less than, or in the case of tied bids, equal
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-420A1_Rcd.pdf
  • with the procedures, terms and conditions (collectively, "terms") contained in this Public Notice and in the Commission's decisions in proceedings regarding competitive bidding procedures, application requirements, and obligations of Commission licensees.4 1 47 U.S.C. � 309(j)(3)(E)(i) (requirement to seek comment on proposed auction procedures); see also 47 U.S.C. � 309(j)(4)(F) (authorization to prescribe reserve price or minimum bid);47 C.F.R. �� 1.2104(c) and (d). 2 "Auction of 700 MHz Band Licenses Scheduled for July 19, 2011; Comment Sought on Competitive Bidding Procedures For Auction 92," Public Notice, DA 10-2298 (rel. December 15, 2010) ("Auction 92 Comment Public Notice"). A summary of this public notice was published in the Federal Register on January 7, 2011 at 76 Fed. Reg. 1158 (Jan. 7, 2011).
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  • application, the Commission will dismiss that application with prejudice and the applicant will also be subject to default payments under Subpart Q of the Commission's rules. Pursuant to Section 1.934(a)(2), we therefore dismiss the Application with prejudice. In addition, as requested by AST, we accept the withdrawal of the pending waiver request associated with the Application. In accordance with Section 1.2104(g) of the Commission's rules, AST owes a default payment and will receive a notice and demand for payment in connection with that obligation in due course. Accordingly, IT IS ORDERED that, pursuant to sections 4(i), 4(j), 303(r), and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 154(j), 303(r), and 309(j), and Section 1.934 of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-451A1_Rcd.pdf
  • short-or long-form application, the Commission will dismiss that application with prejudice and the applicant will also be subject to default payments under Subpart Q of the Commission's rules.9Pursuant to Section 1.934(a)(2), we therefore dismiss the Application with prejudice. In addition, as requested byAST, we accept the withdrawal of the pending waiver request associated with the Application. In accordance with Section 1.2104(g) of the Commission's rules,10AST owes a default payment and will receive a notice and demand for payment inconnection with that obligation in due course. Accordingly, IT IS ORDERED that, pursuant to sections 4(i), 4(j), 303(r), and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 154(j), 303(r), and 309(j), and Section 1.934 of the Commission's Rules,
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  • Notice, 25 FCC Rcd at 16787, Att. A. Auction 91 Procedures Public Notice, 25 FCC Rcd at 16822-24 �� 141-44. Attachment A of the Auction 91 Procedures Public Notice sets forth the minimum opening bid amounts for each construction permit offered in Auction 91. Auction 91 Procedures Public Notice, 25 FCC Rcd at 16824-25 �� 145-51. See 47 C.F.R. � 1.2104(g). 47 C.F.R. �� 1.2105(a)(2)(viii), 1.2105(c)(1), 73.5002(d). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Seventh Report and Order, FCC 01-270, 16 FCC Rcd 17546 (2001) (``Part 1 Seventh Report and Order''); Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-634A1_Rcd.pdf
  • erroneously made.12Moreover, bid withdrawals are not permitted in Auction 91. 10Auction 91 Procedures Public Notice, 25 FCC Rcd at 16822-24 �� 141-44. Attachment A of the Auction 91 Procedures Public Noticesets forth the minimum opening bid amounts for each construction permit offered in Auction 91. 11Auction 91 Procedures Public Notice, 25 FCC Rcd at 16824-25 �� 145-51. 12See47 C.F.R. � 1.2104(g). 5809 27.The Bureaus retain the discretion to change the minimum acceptable bid amounts, the additional bid amounts, the dollar cap on bid increments, the number of acceptable bid amounts, and the parameters of the formulas used to calculate bid amounts if the Bureaus determine that circumstances so dictate. D. Round Results 28.Round results will be available approximately ten minutes after
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  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., Memorandum Opinion and Order, 18 FCC Rcd 16889 (2003); Abundant Life, Inc., Memorandum Opinion and Order, 16 FCC Rcd 4972 (2001); Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (WTB 1996). + , $ $ , ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� ��
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-891A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-891A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-891A1.txt
  • from Auction 91 If a winning bidder defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified), the defaulting bidder will be subject to the payment obligations described in section 1.2104(g)(2). These payment obligations include both a deficiency payment, equal to the difference between the amount of the defaulter's bid and the amount of the winning bid the next time a permit or license covering the same spectrum is won in an auction, plus an additional payment equal to a percent of the defaulter's bid or the subsequent winning bid, whichever
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-891A1_Rcd.pdf
  • Payments from Auction 91 17.If a winning bidder defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified), the defaulting bidderwill be subject to the payment obligations described in section 1.2104(g)(2).16These payment obligations include both a deficiency payment, equal to the difference between the amount of the defaulter's bid and the amount of the winning bid the next time a permit or license covering the same spectrum is won in an auction, plus an additional payment equal to a percent of the defaulter's bid or the subsequent winning bid, whichever 14See
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-1004A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-1004A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-1004A1.txt
  • a post-auction FCC Form 301 long-form application by June 30, 2011. The Auction 91 Closing Public Notice cautioned that ``[a]n applicant that fails to submit the required long-form application before the specified deadline, and fails to establish good cause for any late-filed submission shall be deemed to have defaulted and shall be subject to the payments set forth in Section 1.2104(g) of the Commission's rules.'' Tesiero failed timely to submit a post-auction Form 301 application. His Form 301 application (the ``Application'') was submitted on July 26, 2011. On May 11, 2012, Tesiero amended the Application, requesting waiver of the filing deadline set forth in Sections 73.3573(f)(5)(i) and 73.5005(a) of the Rules, as well as the Auction 91 Closing Public Notice. 3.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-374A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-374A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-374A1.txt
  • twenty construction permits listed in Attachment A of the Auction 93 Procedures Public Notice, 26 FCC Rcd at 15526, Attachment A. Auction 93 Procedures Public Notice, 26 FCC Rcd at 15519-40 �� 134-40. Attachment A of the Auction 93 Procedures Public Notice lists the minimum opening bid amounts for each construction permit offered in Auction 93. See 47 C.F.R. � 1.2104(g). Auction 93 Procedures Public Notice, 26 FCC Rcd at 15519-20 �� 134-40. 47 C.F.R. �� 1.2105(a)(2)(viii), 1.2105(c)(1), 73.5002(d). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Seventh Report and Order, FCC 01-270, 16 FCC Rcd 17546 (2001) (``Part 1 Seventh Report and Order''); Order on Reconsideration of the Third Report
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-374A1_Rcd.pdf
  • to qualified bidders during the auction: (1) publicly available information, and (2) bidder-specific information available only to that bidder when logged in to 8Auction 93 Procedures Public Notice, 26 FCC Rcd at 15519-40 �� 134-40. Attachment A of the Auction 93 Procedures Public Noticelists the minimum opening bid amounts for each construction permit offered in Auction 93. 9See47 C.F.R. � 1.2104(g). 10Auction 93 Procedures Public Notice, 26 FCC Rcd at 15519-20 �� 134-40. 2389 the FCC Auction System. The public information will be available on the FCC Auction System results page and in downloadable files. When a bidder is logged in to the FCC Auction system, it will have a selection of "My Bid Reports" available on the FCC Auction System's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-440A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-440A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-440A1.txt
  • Auction 73, is equal to fifteen percent (15%) of the defaulter's bid, or the subsequent winning bid, whichever is less. In the event that the subsequent winning bid is greater than or equal to the defaulted bid, the total default payment is equal to fifteen percent (15%) of the defaulted bid. As shown in Attachment A, in accordance with section 1.2104(g)(2) of the Commission's rules, we have completed the final default payment calculation and, after applying the monies SAI has on deposit, SAI owes an outstanding balance of $110,800.00. 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-441A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-441A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-441A1.txt
  • Auction 40, is equal to three percent (3%) of the defaulter's bid, or the subsequent winning bid, whichever is less. In the event that the subsequent winning bid is greater than or equal to the defaulted bid, the total default payment is equal to three percent (3%) of the defaulted bid. As shown in Attachment A, in accordance with section 1.2104(g)(2) of the Commission's rules, we have completed the final default payment calculation and, after applying the monies Golden Arrow has on deposit, Golden Arrow owes an outstanding balance of $25,011.50. 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-442A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-442A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-442A1.txt
  • Auction 5, is equal to three percent (3%) of the defaulter's bid, or the subsequent winning bid, whichever is less. In the event that the subsequent winning bid is greater than or equal to the defaulted bid, the total default payment is equal to three percent (3%) of the defaulted bid. As shown in Attachment A, in accordance with section 1.2104(g)(2) of the Commission's rules, we have completed the final default payment calculation and, after applying the monies Longstreet has on deposit, Longstreet owes an outstanding balance of $1,045,600.89. 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-443A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-443A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-443A1.txt
  • Auction 62, is equal to three percent (3%) of the defaulter's bid, or the subsequent winning bid, whichever is less. In the event that the subsequent winning bid is greater than or equal to the defaulted bid, the total default payment is equal to three percent (3%) of the defaulted payment. As shown in Attachment A, in accordance with section 1.2104(g)(2) of the Commission's rules, we have completed the final default payment calculation and, after applying the monies you have on deposit, you owe an outstanding balance of $201,908.75. 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-457A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-457A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-457A1.txt
  • 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. As shown in Attachment A, in accordance with section 1.2104(g)(1) of the Commission's rules, because the subsequent winning bid on the Lubbock, TX license exceeded Xanadoo's withdrawn bid, Xanadoo is not liable for a withdrawal payment and the interim withdrawal payment assessed is available for refund. Therefore, in accordance with section 1.2104 of the Commission's rules, the Commission is prepared to refund the payor(s) of record the $54,075.00 remaining funds
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-457A1_Rcd.pdf
  • a provisionally winning bid is withdrawn on a license that remains unsold at the 1See"Auction of 700 MHz Band Licenses Closes; Winning Bidders Announced for Auction 73," Public Notice, 23 FCC Rcd 4572 (WTB 2008). 2Seeid. 3See"Auction of 700 MHz Band Licenses Closes, Winning Bidders Announced for Auction 92," Public Notice, 26 FCC Rcd 10,494 (WTB 2011). 4See47 C.F.R. � 1.2104(g)(1). 5Id. 2905 Xanadoo 700 MHz DE, LLC DA 12-457 March 23, 2012 close of the auction,the withdrawing bidder will be required to make an interim payment equal to ten percent (10%) of the net amount of the withdrawn bid.6This payment amount is deducted from any upfront payments or down payments deposited for the withdrawing bidder's account with the Commission.7If, in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-458A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-458A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-458A1.txt
  • Auction 73, is equal to fifteen percent (15%) of the defaulter's bid, or the subsequent winning bid, whichever is less. In the event that the subsequent winning bid is greater than or equal to the defaulted bid, the total default payment is equal to fifteen percent (15%) of the defaulted bid. As shown in Attachment A, in accordance with section 1.2104(g)(2) of the Commission's rules, because the subsequent winning bid on each license exceeded the corresponding defaulted bid, VentureTel is liable only for the additional payment component as a final default payment in the amount of $218,250.00. After applying the interim default payments, no outstanding balance is owed to the Commission. Therefore, in accordance with Section 1.2104 of the Commission's rules,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-458A1_Rcd.pdf
  • spectrum is won, should the subsequent winning bid be less than the 1SeeLetter from Margaret W. Wiener, Chief, Auctions and Spectrum Access Division, and Roger S. Noel, Chief, Mobility Division, Wireless Telecommunications Bureau, to VentureTel 700, Inc., Attn: Charles M. Austin, 23FCC Rcd 14,092 (WTB/ASAD/MD 2008) ("VentureTel Letter"). 2SeeVentureTel Letter, 23 FCC Rcd at 14,094; see also 47 C.F.R. � 1.2104(g)(2). 3See"Auction of 700 MHz Band Licenses Closes, Winning Bidders Announced for Auction 92," Public Notice, 26 FCC Rcd 10,494 (WTB 2011). 447 C.F.R. � 1.2104(g)(2). 547 C.F.R. �� 1.2104(g)(2), 1.2109(b). 2910 VentureTel 700, Inc. DA 12-458 March 23, 2012 defaulted bid.6The second component of the default payment is an additional payment, which, pursuant to the rule in effect at the
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  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., Memorandum Opinion and Order, 18 FCC Rcd 16889 (2003); Abundant Life, Inc., Memorandum Opinion and Order, 16 FCC Rcd 4972 (2001); Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (WTB 1996). & ' $ $ ' ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� ��
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  • 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. As shown in Attachment A, in accordance with section 1.2104(g)(1) of the Commission's rules, we have completed the final bid withdrawal payment calculation and, after applying any interim bid withdrawal payment or monies Alltel has on deposit, Alltel owes an outstanding balance of $496,300.00. 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
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  • amount of the withdrawn bid.12This payment amount is deducted from any upfront payments or down payments deposited for the withdrawing bidder's account with the Commission.13If, in a subsequent auction, that license 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 3See47 C.F.R. � 1.2104(g)(1). 4See31 U.S.C. � 3701(b)(1). 5SeeAuction of 700MHz Band Licenses Closes; Winning Bidders Announced for Auction 73, Public Notice, 23 FCC Rcd 4572, 4627, 4637-38 (WTB 2008). 6Seeid. at 4664. 7Seeid. 8Seeid. 9SeeAuction of 700 MHz Band Licenses Closes, Winning Bidders Announced for Auction 92, Public Notice, 26 FCC Rcd 10,494, 10,503 (WTB 2011). 10See47 C.F.R. � 1.2104(g)(1). 11Id. 12Id. See
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  • 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. As shown in Attachment A, in accordance with section 1.2104(g)(1) of the Commission's rules, we have completed the final bid withdrawal payment calculation and, after applying any interim bid withdrawal payment or monies East Kentucky has on deposit, East Kentucky owes an outstanding balance of $1,147,600.00. This debt to the United States is payable in full and without further demand within 30 days of the date of this Order in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-519A1_Rcd.pdf
  • withdrawal payment of $143,400.00 from the monies it had on deposit.3A new license for the same spectrum was offered in a subsequent auction of 700 MHz Band licenses (Auction 92), and because it received a winning bid,4the Commission is now able to calculate East Kentucky's final bid withdrawal obligation with respect to its withdrawn bid in Auction73.5 1See47 C.F.R. � 1.2104(g)(1). 2See31 U.S.C. � 3701(b)(1). 3SeeAuction of 700 MHz Band Licenses Closes; Winning Bidders Announced for Auction 73, Public Notice, 23 FCC Rcd 4572, 4627, 4637-38 (WTB 2008). 4SeeAuction of 700 MHz Band Licenses Closes, Winning Bidders Announced for Auction 92, Public Notice, 26 FCC Rcd 10,494, 10,503 (WTB 2011). 5See47 C.F.R. � 1.2104(g)(1). 3181 East Kentucky Network, LLC DA 12-519
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  • Auction 6, is equal to three percent (3%) of the defaulter's bid, or the subsequent winning bid, whichever is less. In the event that the subsequent winning bid is greater than or equal to the defaulted bid, the total default payment is equal to three percent (3%) of the defaulted bid. As shown in Attachment A, in accordance with section 1.2104(g)(2) of the Commission's rules, we have completed the final default payment calculation and, after applying the monies Tel-Com Wireless has on deposit, Tel-Com Wireless owes an outstanding balance of $1,354,164.40. 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
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  • of Proposed Rulemaking,19 FCC Rcd 14165 (2004). Accordingly, in this order we refer to the service by its current name of BRS. 2Tel-ComWireless defaulted on Hickory, North Carolina (BTA) B189 authorization in Auction 6. SeeIn the Matter of Tel-ComWireless Cable TV Corporation, BTA No. B189 Multipoint Distribution Service, File No. BMDS960510HAS, Order, 12 FCC Rcd 6747 (1997). 3See47 C.F.R. �� 1.2104(g)(2), 1.2109(b). 4See31 U.S.C. � 3701(b)(1). 5See also Order, 12 FCC Rcd at 6749; see47 C.F.R.� 1.2104(g)(2). 3187 Tel-Com Wireless Cable Television DA 12-520 April 3, 2012 in a subsequent auction of BRS licenses(Auction 86),6and because it received a winning bid,7the Commission is now able to calculate Tel-Com Wireless' final default payment obligation with respect to the license.8 Under the Commission's
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  • default payment, and dismisses Trident Global's long-form license application (FCC Form 601). As described fully below, Trident Global had the winning bid in Auction 86 for the Broadband Radio Service license BTA-496-C. After the close of Auction 86, Trident Global defaulted on its payment obligations for its winning bid. Thus, Trident Global became subject to the default provisions of section 1.2104(g) of the Commission's rules. On November 6, 2009, the Wireless Telecommunications Bureau (``Bureau'') announced the winning bidders in Auction 86, including Trident Global. The Bureau also announced that by no later than November 23, 2009, all Auction 86 winning bidders were required to submit their long form applications and to have on deposit enough funds to bring each winning bidder's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-521A1_Rcd.pdf
  • Global's interim default payment, and dismisses Trident Global's long-form license application (FCC Form 601). As described fully below, Trident Global had the winning bid in Auction 86 for the Broadband Radio Service license BTA-496-C.1After the close of Auction 86, Trident Global defaulted on its payment obligations for its winning bid.2Thus, Trident Global became subject to the default provisions of section 1.2104(g) of the Commission's rules.3 On November 6, 2009, the Wireless Telecommunications Bureau ("Bureau") announced the winning bidders in Auction 86, including Trident Global.4The Bureau also announced that by no later than November 23, 2009, all Auction 86 winning bidders were required to submit their long form applications and to have on deposit enough funds to bring each winning bidder's deposit
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-600A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-600A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-600A1.txt
  • the close of the auction (i.e., fails to remit the required down payment by the specified deadline, fails to submit a timely long-form application, fails to make full payment of the balance of its winning bid(s) by the specified deadline, or is otherwise disqualified for any reason), the defaulting bidder will be subject to the payment obligations described in section 1.2104(g)(2). These payment obligations include both a deficiency payment, equal to the difference between the amount of the defaulter's bid and the amount of the winning bid the next time a permit or license covering the same spectrum is won in an auction, plus an additional payment equal to a percent of the defaulter's bid or the subsequent winning bid, whichever
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-600A1_Rcd.pdf
  • the close of the auction (i.e., fails to remit the required down payment by the specified deadline, fails to submit a timely long-form application, fails to make full payment of the balance of its winning bid(s) by the specified deadline, or is otherwise disqualified for any reason), the defaulting bidder will be subject to the payment obligations described in section 1.2104(g)(2).14These payment obligations include both a deficiency payment, equal to the difference between the amount of the defaulter's bid and the amount of the winning bid the next time a permit or license covering the same spectrum is won in an auction, plus an additional payment equal to a percent of the defaulter's bid or the subsequent winning bid, whichever is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-964A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-964A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-964A1.txt
  • 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. As shown in Attachment A, in accordance with section 1.2104(g)(1) of the Commission's rules, 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
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  • Auction 62, is equal to three percent (3%) of the defaulter's bid, or the subsequent winning bid, whichever is less. In the event that the subsequent winning bid is greater than or equal to the defaulted bid, the total default payment is equal to three percent (3%) of the defaulted bid. As shown in Attachment A, in accordance with section 1.2104(g)(2) of the Commission's rules, we have completed the final default payment calculation and, after applying the monies Kankakee has on deposit, Kankakee owes an outstanding balance of $89,200.00. 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-966A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-966A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-966A1.txt
  • of Auction 62 and dismisses Talkline's long-form construction permit application (FCC Form 301). As described fully below, Talkline had the winning bid in Auction 62 for the FM Broadcast construction permit FM241-A (Narrowsburg, NY). After the close of Auction 62, Talkline defaulted on its payment obligation for its winning bid. Thus, Talkline became subject to the default provisions of section 1.2104(g) of the Commission's rules. On February 8, 2006, the Media Bureau and the Wireless Telecommunications Bureau (``Bureaus'') announced the winning bidders in Auction 62, including Talkline. The Bureaus also announced that by no later than February 23, 2006, all Auction 62 winning bidders were required to have on deposit enough funds to bring each winning bidder's deposit to twenty percent
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-967A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-967A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-967A1.txt
  • 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. As shown in Attachment A, in accordance with section 1.2104(g)(1) of the Commission's rules, because the subsequent winning bid on the Wheeling, WV-OH license exceeded your withdrawn bid, you are not liable for a withdrawal payment and the interim withdrawal payment assessed is available for refund. Therefore, in accordance with section 1.2104 of the Commission's rules, the Commission is prepared to refund the payor(s) of record the $11,400.00 remaining funds
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  • Auction 40, is equal to three percent (3%) of the defaulter's bid, or the subsequent winning bid, whichever is less. In the event that the subsequent winning bid is greater than or equal to the defaulted bid, the total default payment is equal to three percent (3%) of the defaulted bid. As shown in Attachment A, in accordance with section 1.2104(g)(2) of the Commission's rules, we have completed the final default payment calculation and, after applying the monies Ozark has on deposit, no outstanding balance is owed to the Commission. Therefore, in accordance with section 1.2104 of the Commission's rules, the Commission is prepared to refund the payor(s) of record the $1,777.35 remaining funds on deposit with the Commission. To obtain
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  • nationwide aggregation, while still discouraging insincere bidding. Under this approach, an applicant would be required to declare on its short-form 289 See Section I, supra. 290 See 47 C.F.R. � 1.2105(a)(2)(viii); 47 C.F.R. � 1.2105(c). 291 See 47 C.F.R. � 27.502(a). 292 See Part I Third Report and Order, 13 FCC Red 374, 447-49, paras. 124-25. 293 47 C.F.R. � 1.2104(g). 527 Federal Communications Commission FCC 00-5 application whether it is seeking a 30 megahertz nationwide aggregation and wishes to be subject to the nationwide bid withdrawal provisions. An applicant that chooses to be such a nationwide bidder would not be allowed to bid on anything other than all licenses comprising the 30 megahertz nationwide aggregation, and must win either this
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  • 1 of the Commission's Rules - Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making, 12 FCC Red 5686, 5697-98 (para. 16) (1997). For instance, we note that in the Package Bidding Comment PN, the Bureau sought comment on modifications to the general competitive bidding default payment rule, 47 C.F.R. � 1.2104(g)(2). 154 See 700 MHz First Report and Order, 15 FCC Red at 529-30 (para. 133). 155 See 47 C.F.R. � 1.2110(e)(2)(iii) and � 1.2110(e)(2)(ii), respectively. 15 We noted that the consortium must observe the Commission's Rules, including Section 1.2105(a), which requires that consortium applicants identify all consortium members and any agreements relating to the post-auction market structure, and the anti-collusion
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  • also pays a late fee equal to five percent of the amount due. See 47 C.F.R. �� 1.2109(a), 24.711(a)(2), 24.716(a)(2). A winning bidder listed on Attachment A who fails to pay the balance of its winning bid by the late payment deadline of September 20, 2001, will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c), 24.708(b). Such applicants will be assessed default penalties as prescribed by sections 1.2104(g), 1.2109(c), and 24.708(b) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c), 24.708(b). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment
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  • overlooks that the Commission has, through different mechanisms, imposed requirements designed to deter applicants from submitting over-ambitious and unrealistic applications and to punish those who do. Modification of pre-auction applications after auctions by winning bidders is limited. See, e.g., 47 C.F.R. �� 73.3573(f)(5)(iii), 73.3522(a)(3). A winning bidder risks being subject to withdrawal, default, and disqualification payments, see 47 C.F.R. � 1.2104(g); Auctions First Report & Order, 13 F.C.C.R. at 15,979, � 152. Applicants are required to certify in the short-form application prior to auction that they are "legally, technically, financially and otherwise qualified pursuant to section 308(b) of the Communications Act of 1934, as amended." 47 C.F.R. � 1.2105. Given these disincentives for game-playing, the auction procedures established in 1998 deferring
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  • Ownership disclosure requirements are set forth in � 1.2112. Beginning January 1, 1999, all long-form applications must be filed electronically. An applicant that fails to submit the required long-form application under this paragraph and fails to establish good cause for any late-filed submission, shall be deemed to have defaulted and will be subject to the payments set forth in � 1.2104. * * * * *'' FEDERAL COMMUNICATIONS COMMISSION Dana Shaffer Deputy Managing Director Federal Communications Commission DA 11-1106 Federal Communications Commission � (R) � $ (R) � � � � � �
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  • would apply to corporate debt, i.e., rates on corporate bonds offered by Qualcomm or similarly situated firms. We believe that 11.5% is a reasonable estimate of this market cost of debt at the time the payment stream would have begun. Third Report and Order, 9 FCC Rcd at 1339 (para. 8). See 47 C.F.R. � 1.2106. See 47 C.F.R. �� 1.2104(g)(1),(2). See Part 1 of the Commission's Rules, Subpart Q, Competitive Bidding Proceedings, 47 C.F.R. � 1.2101 et seq. 47 C.F.R. � 1.2105. 47 C.F.R. � 1.2112. 47 C.F.R. � 1.2107. See 47 C.F.R. � 1.2108(b). See 47 C.F.R. � 1.2109(a). Commission staff will provide further guidance regarding notification procedures. (continued....) Federal Communications Commission FCC 00-189 Federal Communications Commission FCC 00-189
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-224A1.doc
  • 1 of the Commission's Rules - Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making, 12 FCC Rcd 5686, 5697-98 (para. 16) (1997). For instance, we note that in the Package Bidding Comment PN, the Bureau sought comment on modifications to the general competitive bidding default payment rule, 47 C.F.R. � 1.2104(g)(2). See 700 MHz First Report and Order, 15 FCC Rcd at 529-30 (para. 133). See 47 C.F.R. � 1.2110(e)(2)(iii) and � 1.2110(e)(2)(ii), respectively. We noted that the consortium must observe the Commission's Rules, including Section 1.2105(a), which requires that consortium applicants identify all consortium members and any agreements relating to the post-auction market structure, and the anti-collusion provisions of Section
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  • below, we deny BDPCS's Application for Review and its Waiver Request. III. DISCUSSION 8. In its Application for Review, BDPCS seeks to have its default payment obligation reduced to $24,930,564.73, which would represent a payment of three percent of the lower of BDPCS's bid or the winning bid when the licenses were subsequently offered for auction, as mandated in Sections 1.2104(g)(2) and 24.704(a)(2) of the Commission's rules. BDPCS requests that it be excused from paying the remainder of the default payment required in our rules, i.e., the total difference between BDPCS's winning bids and the amount of the winning bids in Auction No. 10 for those licenses that attracted lower winning bids in the subsequent auction (cumulatively $42,765,088.50). BDPCS reasons that
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  • Reply Comment Date: 66 days after publication in the Federal Register By the Commission: TABLE OF CONTENTS Paragraph I. Overview 1 II. Executive Summary 3 III. Order on Reconsideration of the Third Report and Order 6 A. Introduction 6 B. Clarification of Prohibition on Collusion 7 C. Clarification of Section 1.2112 9 D. Computation of Bid Withdrawal Payments Under Section 1.2104 13 E. Installment Payment Grace Periods and Imposition of Late Payment Fees 16 F. Installment Payment Restructuring 29 G. Installment Payment Obligations Under Assignments of Licenses and Transfers of Control 31 H. Clarification of Unjust Enrichment Rules 34 I. Inapplicability of Section 1.2104 to Installment Payment Defaults 38 J. Eligibility for Participation 40 IV. Fifth Report and Order 44 A.
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  • 309, 332, 336, and 337 unless otherwise noted. 2. Section 27.501 is amended by adding a note to read as follows: Note: For auctions of licenses in the 747-762 and 777-792 MHz Bands using a package bidding design, the payments imposed on bidders who default on payments due after an auction closes or who are disqualified, set forth in Section 1.2104(g) of the Commission's Rules, shall be calculated as follows. The default payment consists of a deficiency portion and an additional payment. The additional payment shall be 25 percent of the subsequent winning bid(s) or the defaulting bids, whichever is less. In the case that either the subsequent winning bid(s) or the defaulting bid(s) is subject to bidding credits, the additional
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-330A1_Erratum.doc
  • 309, 332, 336, and 337 unless otherwise noted. 2. Section 27.501 is amended by adding a note to read as follows: Note: For auctions of licenses in the 747-762 and 777-792 MHz Bands using a package bidding design, the payments imposed on bidders who default on payments due after an auction closes or who are disqualified, set forth in Section 1.2104(g) of the Commission's Rules, shall be calculated as follows. The default payment consists of a deficiency portion and an additional payment. The additional payment shall be 25 percent of the subsequent winning bid(s) or the defaulting bids, whichever is less. In the case that either the subsequent winning bid(s) or the defaulting bid(s) is subject to bidding credits, the additional
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  • timely performance of all installment payment obligations. The Commission's rules provide that a licensee will be deemed in default on its installment payments if it is more than 90 days delinquent in making a payment to the government.''). 47 C.F.R. � 1.2110(e)(4)(ii) and (iii)(1994); see also 47 C.F.R. � 95.816(c)(6)(1994) for references to default (incorporating by reference 47 C.F.R. � 1.2104 (1994)). 218-219 MHz Order, 15 FCC Rcd. at 1505 � 12 (citing 47 C.F.R. � 1.2110(e)(4)(ii)(iii) (1994)). Id.; see also IVDS Grace Period PN, 10 FCC Rcd. 10724; PCS Grace Period PN, Mimeo 54270. Part 1 Third Report and Order, 13 FCC Rcd. at 436; see also 47 C.F.R. � 1.2110(f)(4)(ii)(iii) (1998). Part 1 Third Report and Order, 13 FCC.
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  • It provides further that ``[a] winning bidder who is found unqualified to be a licensee, fails to remit the balance of its winning bid in a timely manner, or defaults or is disqualified for any reason after having made the required down payment will be deemed to have defaulted and will be liable for the payment set forth in Section 1.2104(g)(2).'' The settling parties urge that the voluntary withdrawal of Liberty's application pursuant to a post-auction settlement agreement does not constitute a default under Section 1.2109(c), and that no other provision of the Commission's rules precludes BFBFM from being designated the winning bidder based on its bid in Round 12 or requires that Liberty be assessed a penalty. But Section 1.2109(b)
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  • 17599, � 16 (2000) (``BDPCS''); see also Part 1 Third Report and Order, 13 FCC Rcd. 374, 433-34, � 101. See In the Matter of Licenses of 21st Century Telesis, Inc. for Facilities In the Broadband Personal Communications Services, Memorandum Opinion and Order, 2000 WL 1862889 (rel. Dec. 21, 2000); BDPCS, 15 FCC Rcd 17590. 47 C.F.R. �� 24.704(a)(2) and 1.2104(g)(2). Memorandum Opinion and Order, 13 FCC Rcd at 21996-21997. (continued....) Federal Communications Commission FCC 01-248 Federal Communications Commission FCC 01-248 s t x x � �@��� @& �0� �0� �0� �0� �0� �0� ��� � � p
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  • 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 3 of the Small Business Act (15 U.S.C. � 632(a)) and the regulations of
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  • the refund. Finally, Hispania failed to make its second down payment and accordingly never became a licensee. Having failed to make these payments, Hispania cannot seek a refund based upon such payments. Hispania Letter (undated) (assessing default payments on License Numbers IVM091B, IVM147B, and IVM202B). We note that Hispania is subject to the default payment provisions set forth in section 1.2104(g) of the Commission's rules. 47 C.F.R. � 1.2104(g). 218-219 MHz Second Reconsideration Order, 15 FCC Rcd 25020. Petition for Reconsideration, filed by Kingdon R. Hughes on Dec. 3, 1999 (``Hughes Petition''). Second PFR at 14-16. 5 U.S.C. �� 553(b)(3), (c). Second PFR at 5. The Coalition raised the constitutional argument in its petition for reconsideration of the 218-219 MHz Order.
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  • Vincent McBride and Scott Reiter, to Kathleen O'Brien Ham, Deputy Chief, Wireless Telecommunications Bureau, dated October 31, 2001. Requests for Refunds of Down Payments Made In Auction No. 35, Order, 17 FCC Rcd 6283 (2002) (``Partial Refund Order''), appeal pending, Cellco Partnership d/b/a Verizon Wireless v. FCC (D.C. Cir. Apr. 8, 2002) (Nos. 02-1110 & 02-1111). See 47 C.F.R. � 1.2104(g). In the event of a default, the Commission retains funds on deposit equal to three percent of the total winning bid amount, and has the discretion to retain an amount of up to twenty percent of the winning bid amount. Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Allocation of Spectrum Below 5 GHz Transferred from
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  • the high bid, a binding obligation to pay the winning bid price for the licenses. When a payment default breaches the obligation, the winning bidder's liability remains a function of the high bid and is based on the obligation that was incurred at auction. Thus, the defaulting high bidder becomes subject to the default payment provisions of 47 C.F.R. � 1.2104(g). Additionally, 47 C.F.R. � 1.2109(c) provides that, if a winning bidder defaults, ``the Commission may either re-auction the license to existing or new applicants or offer it to the other highest bidders (in descending order) at their final bids.'' The Commission has already determined that, for purposes of Closed Broadcast Auction No. 25, in the event of a winning bidder
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  • a binding obligation to pay the winning bid price for the licenses. When a winning bidder defaults, thereby breaching the payment obligation, the winning bidder's liability remains a function of the high bid and is based on the obligation that was incurred at auction. Thus, the defaulting high bidder becomes subject to the default payment provision of 47 C.F.R. � 1.2104(g). These provisions were part of our rules before Auction No. 25 commenced. Furthermore, the consequences of default were spelled out in several public notices, including the Payment Public Notice. Clearly, Winstar had notice of those consequences when it chose to participate in the auction. 15. Without the default payment rules, a winning bidder might consider adopting a strategy of waiting
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  • the final payment deadline. In the Staff Decision the Bureau denied the Petition for Reconsideration and Waiver, dismissed Delta's application due to its default, and offered the Greenville construction permit to MBN as the next-highest bidder. MBN timely deposited its 20 percent down payment on September 11, 2002. Subsequently, the Bureau assessed a default payment against Delta pursuant to Section 1.2104(g) of our Rules. MBN timely made its final payment pursuant to the Bureau's Public Notice, and a construction permit for the Greenville station was issued on May 29, 2003. 6. Discussion. Bureau's delegated authority to dismiss Delta application: Delta first argues that the Bureau lacked delegated authority to deny Delta's waiver request and dismiss its application, because ``the Commission has
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  • 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, 2003, Comment Sought on Package Bidding Procedures, Reserve Prices or Minimum Opening Bids, and
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  • purposes of changing stages, absent new high bids on other licenses, identical high bids on a license meet the criteria of only one new high bid. For example, when monitoring activity for determining when to change stages, the Bureau may consider the percentage of bidding units of the licenses receiving new high bids, excluding any FCC-held licenses. 47 C.F.R. � 1.2104(i). 47 U.S.C. � 309(j) (as amended by Balanced Budget Act, Section 3002(a)). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). Consistent with this mandate, the Commission has directed WTB to seek comment on the use of a minimum opening bid and/or reserve price prior to the
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  • However, the exemption will not apply if the gross revenues or other financial and management resources of the affiliates of the applicant's officers and directors (or the controlling interest's officers and directors) are available to the applicant. Decline to revise the controlling interest standard to exclude entities operating under control group structures. Modify our Part 1 default payment rule, section 1.2104(g)(2), to incorporate the combinatorial bidding default rule adopted in the 700 MHz Second Memorandum Opinion and Order. Revise the Part 1 rules to make certain conforming edits in the following areas: (1) license default; (2) definition of consortium; (3) women- and minority-owned businesses; (4) clarification of the attribution rule; (5) ownership disclosure requirements; and (6) short-form disclosure requirements for small
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  • Services Licenses, 12 FCC Rcd 22363, 22391 (1997). Broadcast First Report and Order, 13 FCC Rcd at 15979. The ``statutory objective'' referenced in the quoted passage is that found in 47 U.S.C. � 307(j)(3)(A). 47 C.F.R. �� 1.2109(c) (winning auction bidder who is found unqualified or who defaults on auction payments is liable for default penalties set forth in Section 1.2104(g)(2)), 1.2104(g)(2) (defaulting or disqualified bidder must pay difference between its winning bid and subsequent high bid for permit or license, plus three percent of its winning bid amount or the subsequent winning bid amount, whichever is less), 73.5006 (petitions to deny may be filed against winning broadcast auction bidder's long-form application). See also Broadcast First Report and Order, 13 FCC
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  • AND ORDER Adopted: February 4, 2004 Released: February 11, 2004 By the Commission: introduction In this Third Order on Reconsideration of the Third Report and Order (``Third Reconsideration Order''), we deny three petitions for reconsideration of the Commission's Part 1 Third Report and Order First Reconsideration Order, insofar as the petitions address the Commission's clarification of the inapplicability of Section 1.2104 of our rules to installment payment defaults. background Installment Payment Program Currently, the Commission requires all auction winners of spectrum licenses to pay for their licenses prior to license grant. During the first couple of years of the auctions program, however, the Commission allowed qualified auction winners of licenses in certain services to pay for their licenses in installments over
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  • the statute, the Commission is permitted to equate the net winning bids of an auction with that auction's total cash proceeds. First, to a large extent, the Commission's rules ensure that the public ultimately will be compensated for at least the net amount of any bids subject to a post-auction default or disqualification. As we discuss in detail later, section 1.2104(g) of the Commission's rules requires a high bidder that defaults or is disqualified after the close of an auction to make a default payment equaling the difference between the amount of the defaulter's bid and the amount of the winning bid the next time a license covering the same spectrum is won in an auction. The defaulter also must make
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  • $434,000 more than the amount that Copeland is proposing to pay for this construction permit. "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, 14 FCC Rcd 10632, 10681 (1999); see 47 C.F.R. � 1.2104. Copeland Petition for Reconsideration at 5. Id. See Auction of Licenses for VHF Public Coast and Location and Monitoring Service Spectrum, Order, 17 FCC Rcd 19746, 19749 - 50 � 7 (Wireless Telecomm. Bur. 2002) (Telesaurus Order) (explaining the two-phase auction process in detail). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253,
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  • may withdraw provisionally winning bids from previous rounds using the ``withdraw bids'' function in the FCC Auction System (assuming that the bidder has not already withdrawn bids in a previous round). A provisionally winning bidder that withdraws its provisionally winning bid from a previous round during the auction is subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Note: Once a withdrawal is submitted during a round, that withdrawal cannot be unsubmitted even if the round has not yet ended. In previous auctions, we have detected bidder conduct that, arguably, may have constituted anti-competitive behavior through the use of bid withdrawals. While we continue to recognize the important role that bid withdrawals may play in an auction, i.e.,
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  • changes in our recent Notice of Proposed Rule Making (``NPRM''), which, in combination with a Declaratory Ruling, began this proceeding. Some of the changes we make today are required by the Commercial Spectrum Enhancement Act (``CSEA''); others are intended to enhance the effectiveness of our auctions program. In order to comply with CSEA, we: Modify our reserve price rule, section 1.2104(c), to provide that, for any auction of ``eligible frequencies'' requiring the recovery of estimated relocation costs pursuant to CSEA, the Commission will establish a reserve price(s) pursuant to which the total cash proceeds shall equal at least 110 percent of the total estimated relocation costs provided to the Commission pursuant to CSEA; and Modify our tribal land bidding credit rule,
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  • If a party that previously submitted a short-form application pursuant to the prior deadline chooses to retain its current application on file and determines that it is still complete and will be accurate as of the new filing deadline for short-form applications, the party does not need to resubmit the application. Since the Commission's collusion prohibitions set forth in Section 1.2104(c) (the ``anti-collusion rule'') are not triggered until ``after the short-form application filing deadline,'' the release of this Public Notice extending this deadline has the effect of lifting the prohibitions until the short-form filing period expires on June 19, 2006. (These prohibitions had been in effect since the expiration of the prior short-form filing application period on May 10, 2006.) After
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  • shall not, however, include ordering private third-party arbitration. In the event that the long-form application filed by the winning bidder for the D Block license is denied, the winning bidder for the D Block license will be deemed to have defaulted under Section 1.2109(c) of the Commission's rules, it will be liable for the default payment set forth in � 1.2104(g), and the full Commission, at its discretion, shall decide whether to offer a new license for the spectrum to existing or new applicants, offer a new license to the other highest bidders (in descending order) at their final bids, or choose any other process within the Commission's statutory authority to reassign the license, in light of the public interest goals
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1_Erratum.doc
  • shall not, however, include ordering private third-party arbitration. In the event that the long-form application filed by the winning bidder for the D Block license is denied, the winning bidder for the D Block license will be deemed to have defaulted under Section 1.2109(c) of the Commission's rules, it will be liable for the default payment set forth in � 1.2104(g), and the full Commission, at its discretion, shall decide whether to offer a new license for the spectrum to existing or new applicants, offer a new license to the other highest bidders (in descending order) at their final bids, or choose any other process within the Commission's statutory authority to reassign the license, in light of the public interest goals
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  • the May 10 deadline to participate in Auction No. 66 creates more competition for those applicants who had filed by the original deadline, resulting in higher bids for the licenses. On this basis, PSWS requests that the Commission allow only those parties that submitted short-form applications by the first short-form filing deadline to participate in Auction No. 66. Under Section 1.2104(i) of the Commission's rules, the Commission may ``delay, suspend or cancel an auction . . . for any [ ] reason that affects the fair and efficient conduct of the competitive bidding'' and it has the authority, at its own discretion, to resume the competitive bidding or cancel the competitive bidding in its entirety. Consistent with, and as a function
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  • bidding rules provide that if a winning bidder defaults for any reason, the bidder is liable for a default payment. In the Second Report and Order, the Commission provided that the D Block winning bidder would be deemed to have defaulted under Section 1.2109(c) of the Commission's rules and would be liable for the default payments set forth in Section 1.2104(g) if it failed to comply with the procedures established for negotiation or dispute resolution in the NSA, including a failure to comply with a Commission or Bureau decision in binding adjudication, as well as under other circumstances, e.g., if it failed to pay its winning bid. Pursuant to Section 1.2104(g) of those rules, a default payment is comprised of (1)
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  • the bid withdrawal payments required by the Commission's rules. In this Order, we compromise in their entirety these debts pursuant to 31 U.S.C. � 3711 and applicable rules, and refund at least $8,659 of the $17,318 of Fireside's auction down payment that remains in the Commission's possession. Background Fireside seeks relief from the bid withdrawal payment obligations incurred under section 1.2104(g) of the Commission's rules as a result of withdrawing provisionally winning bids during Auction No. 37. Fireside participated in the Commission's Auction No. 37 and submitted high bids on four FM construction permits - Whitehall, MT (FM 185), Breckenridge, TX (FM 277), Manville, WY (FM 352), and Eureka, MT (FM 171). During the auction, Fireside withdrew its high bids on
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  • at 9. See 47 U.S. C. �� 309(j)(1) and (j)(5). The statute accords the Commission discretion to make the determination as to basic qualifications to hold a license either before, or after, the auction. 47 C.F.R. � 1.2109(c) (winning auction bidder who is found unqualified or who defaults on auction payments is liable for default penalties set forth in Section 1.2104(g)(2)); see also Broadcast First Report and Order, supra n. 15, 13 FCC Rcd at 15979. See 47 C.F.R. � 73.5006 (establishing procedures for filing petitions to deny against long-form applications). KM filed its long-form Elk Grove application on December 16, 2004. The application was accepted for filing on December 23, 2004, and petitions to deny were due by January 3,
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  • be assigned based on the results of an auction unless at the close of bidding in such auction there are provisionally winning bids for licenses that cover at least fifty percent (50%) of the nation's population, as determined consistent with the Commission's pre-auction announcement of the population for which each license will authorize service. (iii) Notwithstanding any provision of Section 1.2104(g)(2)(ii), whether or not combinatorial bidding is available in the auction, the percentage for the additional payment portion of any applicable default payment pursuant to Section 1.2104(g)(2) will equal between 3 and 20 percent of the applicable bid, according to a percentage (or percentages) established by the Commission in advance of the auction. (iv) Notwithstanding any provision of Section 1.2108, the
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  • e.g., 47 C.F.R. � 1.2110(e)(4) (1994) and 47 C.F.R. � 1.2110(f)(4) (1998). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Third Order on Reconsideration of the Third Report and Order, 19 FCC Rcd 2551 (2004) (``Part 1 Third Reconsideration of Third Report and Order''). In this Order addressing the inapplicability of 47 C.F.R. � 1.2104 of the Commission's rules to installment payment defaults, the Commission discussed its 1997 decision not to deviate from its license-cancellation-plus-debt-collection rule for installment payment defaults and explained the reasonableness of this decision. Noting that automatic license cancellation is not unique to defaults on installment payments (licenses terminate automatically, for example, when licensees fail to build out in compliance with the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-108A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-108A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-108A1.txt
  • had recently released an order resolving Garey's debtor status, it would grant JFB an additional 30 days in which to file Form 301. Winooski Staff Decision at 3. See infra nn. 16-19 and accompanying text. Winooski AFR at 2. Larga Vista AFR at 3. Pass Christian AFR at 3 (emphasis in original). On withdrawal penalties generally, see 47 C.F.R. �� 1.2104(g), 73.3568(a)(3). Bidding procedures for Auction 37, including the penalties for bid withdrawal, were announced in Auction of FM Broadcast Construction Permits Scheduled for November 3, 2004, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures, Public Notice, 19 FCC Rcd 10570, 10603-04 (WTB/MB 2004). The specific penalties imposed on Fireside are set forth in FM Broadcast
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  • of 47 C.F.R. Part 1 to redesignate 47 C.F.R. � 1.2110(b)(4)(x)(E) as 47 C.F.R. � 1.2110(e)); and 47 C.F.R. � 1.2110(f)(4) (1998). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Third Order on Reconsideration of the Third Report and Order, 19 FCC Rcd 2551 (2004) (addressing the inapplicability of section 1.2104 of the Commission's rules, 47 C.F.R. � 1.2104, to installment payment defaults) (``Part 1 Third Reconsideration of Third Report and Order''). Part 1 Third Reconsideration of Third Report and Order, 19 FCC Rcd at 2561-62 � 29. 47 C.F.R. � 1.2110(e)(4)(i), (ii) (1994); 60 Fed. Reg. 52,865 (Oct. 11, 1995) (correcting 1994 designated entity regulations of 47 C.F.R. Part 1
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-131A1_Rcd.pdf
  • (correcting 1994 designated entity regulations of 47 C.F.R. Part 1 to redesignate 47 C.F.R. � 1.2110(b)(4)(x)(E) as 47 C.F.R. � 1.2110(e)); and 47 C.F.R. � 1.2110(f)(4) (1998).See alsoAmendmentof Part 1 of the Commission's Rules �Competitive Bidding Procedures, WT Docket No. 97-82, Third Order on Reconsideration of the Third Report and Order,19 FCC Rcd 2551 (2004) (addressing the inapplicability of section 1.2104 of the Commission's rules, 47 C.F.R. � 1.2104, to installment payment defaults) ("Part 1 Third Reconsiderationof Third Report and Order"). 16Part 1 Third Reconsideration of Third Report and Order, 19 FCCRcd at 2561-62 � 29. 1747 C.F.R. � 1.2110(e)(4)(i), (ii) (1994); 60 Fed. Reg. 52,865 (Oct. 11, 1995) (correcting 1994 designated entity regulations of 47 C.F.R. Part 1 to redesignate
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  • used interchangeably herein, as appropriate. See AM New Station and Major Modification Auction Filing Window; Minor Modification Application Freeze, Public Notice, 18 FCC Rcd 23016 (MB/WTB 2003). File No. BNP-20040130BCD. File No. BNP-20041028AGI. See Broadcast Actions, Public Notice, Report No. 46130 (MB Dec. 13, 2005). 47 C.F.R. � 73.3598(a). AFR at 1. On withdrawal penalties generally, see 47 C.F.R. �� 1.2104(g), 73.3568(a)(3). Bidding procedures for Auction 37, including the penalties for bid withdrawal, were announced in Auction of FM Broadcast Construction Permits Scheduled for November 3, 2004, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures, Public Notice, 19 FCC Rcd 10570, 10603-04 (WTB/MB 2004). The specific penalties imposed on Fireside are set forth in FM Broadcast
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  • support based on a package bid, it would still be required to meet the performance requirements for each census tract in the package. For example, it would have to provide access to a specified percentage of the units in each census tract if the Commission were to establish such a requirement. Cf. 47 C.F.R. � 1.2105(c). Cf. 47 C.F.R. � 1.2104(h). Cf. 47 C.F.R. � 1.2104(i). NECA is an association of incumbent local exchange carriers established by the Commission to administer interstate access tariffs for companies that do not file separate tariffs and to collect and distribute access charge revenues for those companies. See 47 C.F.R. �� 69.601, 69.603. The NECA Board of Directors is ``prohibited from participating in the functions
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  • the rule itself. GLH and TVCN each argue that their outstanding debt obligation should be reduced by the amount of any subsequent sale by the Commission of licenses covering the same spectrum as that covered by the licenses on which they defaulted. GLH offers two theories for the proposition that it deserves a set-off. One of these is that section 1.2104(g)(2), and not section 1.2110(g)(4)(iv), governs the consequences of its defaults. GLH claims that under section 1.2104(g)(2) it should have received ``a set-off for the high bid received by the Commission in the re-auction.'' GLH acknowledges, however, that the Commission rejected this argument in the 2004 Part 1 Third Reconsideration of Third Report and Order. In fact, that order was largely
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-1A1_Rcd.pdf
  • entity regulations of 47 C.F.R. Part 1 to redesignate 47 C.F.R. � 1.2110(b)(4)(x)(E) as 47 C.F.R. � 1.2110(e)); and 47 C.F.R. � 1.2110(f)(4) (1998).See alsoAmendment of Part 1 of the Commission's Rules �Competitive Bidding Procedures, WT Docket No. 97-82, Third Order on Reconsideration of the Third Report and Order,19 FCC Rcd 2551 (2004) (addressing the inapplicability of 47 C.F.R. � 1.2104 of the Commission's rules to installment payment defaults) ("Part 1 Third Reconsideration of Third Report and Order"). In this order, the Commission discussed its 1997 decision not to deviate from its license-cancellation-plus-debt-collection rule for installment payment defaults and explained the reasonableness of this decision. Noting that automatic license cancellation is not unique to defaults on installment payments (licenses terminate automatically,
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  • twice explicitly stated that the Commission removed the debtor status applicable to Fireside or Mr. Garey. Nothing in the petition for reconsideration persuades us to revisit the Order's essential elements, namely, that (1) Fireside owed the funds because it participated in the auction and withdrew high bids; and (2) the Commission properly imposed a bid withdrawal payment pursuant to section 1.2104(g) of its rules. Fireside's request to amend the Fireside Media Order. The petition contains several requests to amend the Fireside Media Order to include additional language. For the reasons we discuss below, Fireside's requests lack merit. As a general matter, we find that the ``omitted vital facts'' Fireside seeks to add to the Fireside Media Order are not relevant to
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  • support based on a package bid, it would still be required to meet the performance requirements for each census block in the package. For example, it would have to provide access to a specified percentage of the units in each census block if the Commission were to establish such a requirement. Cf. 47 C.F.R. � 1.2105(c). Cf. 47 C.F.R. � 1.2104(h). Cf. 47 C.F.R. � 1.2104(i). . See Qwest July 12, 2010 Comments at 8; Affidavit of Trevor R. Roycroft, Ph.D. on behalf of the National Association of State Utility Consumer Advocates, Maine Office of Public Advocate, Office of the Ohio Consumers' Counsel, Pennsylvania Office of Consumers Advocate, and the Utility Reform Network (Trevor R. Roycroft, Ph.D. July 12, 2010 Affidavit),
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  • C.F.R. Part 1 to redesignate 47 C.F.R. � 1.2110(b)(4)(x)(E) as 47 C.F.R. � 1.2110(e)); and 47 C.F.R. � 1.2110(f)(4) (1998). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Third Order on Reconsideration of the Third Report and Order, 19 FCC Rcd 2551 (2004) (addressing the inapplicability of 47 C.F.R. � 1.2104 of the Commission's rules to installment payment defaults) (``Part 1 Third Reconsideration of Third Report and Order'')..In this order, the Commission discussed its 1997 decision not to deviate from its license-cancellation-plus-debt-collection rule for installment payment defaults and explained the reasonableness of this decision. Noting that automatic license cancellation is not unique to defaults on installment payments (licenses terminate automatically, for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-46A1_Rcd.pdf
  • entity regulations of 47 C.F.R. Part 1 to redesignate 47 C.F.R. � 1.2110(b)(4)(x)(E) as 47 C.F.R. � 1.2110(e)); and 47 C.F.R. � 1.2110(f)(4) (1998).See alsoAmendment of Part 1 of the Commission's Rules �Competitive Bidding Procedures, WT Docket No. 97-82, Third Order on Reconsideration of the Third Report and Order,19 FCC Rcd 2551 (2004) (addressing the inapplicability of 47 C.F.R. � 1.2104 of the Commission's rules to installment payment defaults) ("Part 1 Third Reconsideration of Third Report and Order")..In this order, the Commission discussed its 1997 decision not to deviate from its license-cancellation-plus-debt-collection rule for installment payment defaults and explained the reasonableness of this decision. Noting that automatic license cancellation is not unique to defaults on installment payments (licenses terminate automatically, for
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  • Ownership disclosure requirements are set forth in � 1.2112. Beginning January 1, 1999, all long-form applications must be filed electronically. An applicant that fails to submit the required long-form application under this paragraph and fails to establish good cause for any late-filed submission, shall be deemed to have defaulted and will be subject to the payments set forth in � 1.2104. * * * * * Implementation of Section 309(j) of the Communications Act - Competitive Bidding Procedures for Commercial Broadcast and Instructional Television Fixed Television Service Licenses, MM Docket No. 97-234, First Report and Order, 13 FCC Rcd 15920, 15984-85 � 164 (1998) (Broadcast Competitive Bidding First Report and Order). 47 C.F.R. � 1.1104. 47 C.F.R. � 1.2107(c) (``Notwithstanding any
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  • 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 Parts 1 and 100 and whether
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  • installment payment plans that allow a successful bidder to spread out payment for a license over the license term.351 180. The Commission recently initiated a proceeding in which we will comprehensively examine our general competitive bidding rules for all auctionable services to identify how they can be changed to make our licensing processes more efficient.352 348 See 47 C.F.R. � 1.2104. Specific bidding procedures for each auction are usually announced by way of a public notice issued prior to the auction. See, e.g., Public Notice, Report No. AUC-94-04, released September 19, 1994 (setting forth auction procedures, including activity requirements, bid increments and stopping rules, for the FCC's auction of A & B block broadband PCS licenses). 349 See, e.g., 47 C.F.R.
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  • 47 U.S.C. � 337(f)(1). AirTouch Comments at 30-31. KM Comments at 3; MSTV Comments at 9-10. APCO Comments at 6; Southern Comments at 4n.8, 8. See Section I, supra. See 47 C.F.R. � 1.2105(a)(2)(viii); 47 C.F.R. � 1.2105(c). See 47 C.F.R. � 27.502(a). See Part 1 Third Report and Order, 13 FCC Rcd 374, 447-49, paras. 124-25. 47 C.F.R. � 1.2104(g). We adopted a similar rule for the General Wireless Communications Service. See Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use, ET Docket No. 94-32, Second Report and Order, 11 FCC Rcd 624, 652-53, paras. 71-73 (1995). See NPRM at para. 83. Id. Id. The most recent comprehensive order in this proceeding was the Third Report and Order
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  • for Workgroups 3.11, or Windows 95. This includes any other emulated Windows environment. Bid Submission Advisory: Once the auction commences, applicants are reminded to be careful to verify their bids prior to submission to avoid mistakes. Normally, a bidder that withdraws a high bid during the course of an auction is subject to a withdrawal payment. See 47 C.F.R. � 1.2104(g)(1). Bidders therefore should pay close attention to their bids and utilize all available safeguards to ensure that bids are not submitted in error. Once a bid is submitted, bidders are fully responsible for the consequences of any errors they make, unless relief is granted. Long-Form Applications: Applicants should be aware that at the long-form application stage, they will be subject
• http://transition.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da980572.pdf
  • Section 309(j) of the Communications Act -- Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5563 at n. 51 (1994); see also C.H. PCS, Inc., DA 96-1825 (rel. Nov. 4, 1996) (requiring a three percent deposit). When it becomes possible to calculate and assess the payment, we will notify these bidders. See 47 C.F.R. � 1.2104(g)(2). As discussed above, a bidder's upfront payment will be applied toward its withdrawn bid payment. Refund of excess upfront payments (for winning bidders). Upfront monies on deposit which are in excess of the required down payment, withdrawal and default payment amounts will be refunded to the payor of record promptly. Bidders who prefer refunds to be sent by wire transfer
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  • the percentage generally being higher where there is greater risk of bid withdrawals being used for anti-competitive purposes, such as when there is little need for bidders to aggregate permits. As discussed above, this is the case in Auction 93. In light of these considerations, the Bureaus propose to use the maximum interim bid withdrawal payment percentage allowed by section 1.2104(g)(1) in the event bid withdrawals are allowed. The Bureaus request comment on using twenty percent for calculating an interim bid withdrawal payment amount in Auction 93. Commenters advocating the use of bid withdrawals should also address the percentage of the interim bid withdrawal payment. Additional Default Payment Percentage Any winning bidder that defaults or is disqualified after the close of
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  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., Memorandum Opinion and Order, 18 FCC Rcd 16889 (2003); Abundant Life, Inc., Memorandum Opinion and Order, 16 FCC Rcd 4972 (2001); Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (1996). W X $ $ X ? ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� ��
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  • FCC Rcd 4983 (MB 2010) (``NPRM''). Id. at 4984 � 4. See Comments of Connoisseur Media, LLC, filed July 6, 2010. Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations, Pacific Junction, Iowa, MB Docket No. 10-108, Report and Order (Proceeding Terminated), 25 FCC Rcd 16253 (Audio Division, MB 2010). 47 U.S.C. � 309(j)(3)(A), (D). See 47 C.F.R. �� 1.2104(g)(2), 1.2108(d)(1), 1.2109(a). See, e.g., Morris Communications, Inc., Memorandum Opinion and Order, 23 FCC Rcd 3179, 3194-95 at �� 34-35 (2008), aff'd, 566 F.3d 184 (D.C. Cir. 2009) (upholding denial of request for waiver of installment payment rules where licensee defaulted on its installment payment obligations and licenses automatically cancelled by operation of Commission's rules); see PCS Partners, L.P., Petition for
• http://transition.fcc.gov/fcc-bin/audio/published_audio_documents.html
  • [1125]Word ]. July 2, 2008 Barry P. Lunderville, Connoisseur Media, LLC, College Creek Broadcasting, LLC, Cumulus Licensing, LLC, and Kemp Communications, Inc., regarding bid withdrawal payments in FM broadcast station Auction No. 37, Order, DA 08-1581, released July 2, 2008. [ [1126]PDF | [1127]Word ]. Addressed several petitions and requests seeking relief from bid withdrawal payment obligations incurred under Section 1.2104(g) of the Commission's rules as a result of provisionally winning bids in Auction No. 37. July 2, 2008 CMP Houston-KC, LLC, for construction permit for KFME-FM, Garden City, MO, Memorandum Opinion and Order (MO&O), FCC 08-139, released July 2, 2008. [ [1128]PDF | [1129]Word ]. Copps: [ [1130]PDF | [1131]Word ]. Application for review was denied; grant affirmed. July 2,
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  • is in a delinquent status, as determined under standards prescribed by the Secretary of Treasury. Pub. L. No. 104-134, �3100(j)(1), 110 Stat. 1321 (1996), codified at 31 U.S.C. �3720B. Department of Justice approval for this portion of the restructuring plan is still pending at the time of this Public Notice release. 218-219 MHz Order at � 61. 47 C.F.R. �� 1.2104(g)(1-2). 1 47 C.F.R. � 1.5. 1 47 C.F.R. � 1.5. 1 47 C.F.R. � 1.5. All references to time in this Public Notice are to Eastern Daylight Savings time. 218-219 MHz Order at � 61. 218-219 MHz Order at � 61. 218-219 MHz Order at � 61. All references to time in this Public Notice are to Eastern Daylight Savings
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  • timely performance of all installment payment obligations. The Commission's rules provide that a licensee will be deemed in default on its installment payments if it is more than 90 days delinquent in making a payment to the government.''). 47 C.F.R. � 1.2110(e)(4)(ii) and (iii)(1994); see also 47 C.F.R. � 95.816(c)(6)(1994) for references to default (incorporating by reference 47 C.F.R. � 1.2104 (1994)). 218-219 MHz Order, 15 FCC Rcd. at 1505 � 12 (citing 47 C.F.R. � 1.2110(e)(4)(ii)(iii) (1994)). Id.; see also IVDS Grace Period PN, 10 FCC Rcd. 10724; PCS Grace Period PN, Mimeo 54270. Part 1 Third Report and Order, 13 FCC Rcd. at 436; see also 47 C.F.R. � 1.2110(f)(4)(ii)(iii) (1998). Part 1 Third Report and Order, 13 FCC.
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  • the refund. Finally, Hispania failed to make its second down payment and accordingly never became a licensee. Having failed to make these payments, Hispania cannot seek a refund based upon such payments. Hispania Letter (undated) (assessing default payments on License Numbers IVM091B, IVM147B, and IVM202B). We note that Hispania is subject to the default payment provisions set forth in section 1.2104(g) of the Commission's rules. 47 C.F.R. � 1.2104(g). 42 218-219 MHz Second Reconsideration Order, 15 FCC Rcd 25020. Federal Communications Commission FCC 02-130 6 price inflation argument (previously raised by Kingdon Hughes in his Petition for Reconsideration of the 218-219 MHz Order)43 was not "wholly speculative."44 The Coalition also raised, for the first time with sufficient particularity, the argument that
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  • FCC Rcd at 1285. 30 Id. See also 47 C.F.R. � 1.2110(e)(4)(ii); "Wireless Telecommunications Bureau Staff Clarifies Grace Period' 31 Rule for IVDS Auction' Licensees Paying By Installment Payments," Public Notice, 10 FCC Rcd 10724 (WTB 1995). 47 C.F.R. � 1.2110(e)(4)(ii) and (iii); see also 47 C.F.R. � 95.816(c)(6) for references to default 32 (incorporating by reference 47 C.F.R. � 1.2104). 8 11. Under the Commission's competitive bidding rules in effect at the time of the July 28 and 29, 1994, auction, winning bidders that qualified as small businesses were allowed to pay twenty percent of their net bid(s) as a down payment and the remaining eighty percent in installments over the five-year term of the license(s), with interest-only payments for
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  • Allow Interactive Video and Data Service Licensees to Provide Mobile Services (proceeding terminated), Order, Memorandum Opinion and Order, and Notice of Proposed Rulemaking, 13 FCC Rcd 19064, 19086 (1998) (``218-219 MHz Flex NPRM''). 218-219 MHz Report and Order, at � 53. Fifteen percent of the twenty percent down payment equals three percent of the purchase price. See 47 C.F.R. � 1.2104(g)(2). We also distinguish for the same reasons the circumstances under which we provided a credit on down payments for returned C block licenses where the licensees elected to prepay retained or disaggregated licenses. Similarly, we distinguish that aspect of the disaggregation option in C block whereby a licensee could apply a portion of the half of the down payment associated
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  • 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 application. See
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  • the close of an auction or result in other adverse strategic manipulation of an auction, the Bureau may announce by Public Notice prior to a specific auction that submission of a waiver will not keep an auction open under any circumstances. See Second Report and Order, 9 FCC Rcd 2348 at � 147. 50 Id. 51 See 47 C.F.R. � 1.2104(g)(1). 52 15 open. Bidders will have the option to enter an activity rule waiver proactively during the bid submission period. Thus, a "proactive" waiver, as distinguished from an automatic waiver, is one requested by the bidder. If a bidder submits a proactive waiver in a round in which no other bidding activity occurs, the auction will remain open. 29. If
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  • penalty and would not necessarily be rationally related to the harm caused by withdrawal, default or disqualification. See Second Report and Order at � 197. 33 76. This logic applies to broadband PCS auctions, so for these auctions we will employ the bid withdrawal, default and disqualification penalties adopted in the Second Report and Order, which are reflected in Sections 1.2104(g) and 1.2109 of the Commission's Rules. Any bidder who withdraws a high bid during an auction before the Commission declares bidding closed will be required to reimburse the Commission in the amount of the difference between its high bid and the amount of the winning bid the next time the license is offered by the Commission, if this subsequent winning
• http://wireless.fcc.gov/auctions/05/releases/d96-1877.pdf http://wireless.fcc.gov/auctions/05/releases/d96-1877.txt http://wireless.fcc.gov/auctions/05/releases/d96-1877.wp
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit See 47 C.F.R. �� 24.704, 24.708. See also 47 C.F.R �� 1.2104, 1.2109. 1 "Entrepreneurs' C Block Auction Closes," Public Notice, DA 96-716 (rel. May 8, 1996). 2 DA 96-1877 Before the FEDERAL COMMUNICATIONS COMMISSION Washington D.C. 20554 In the Matter of ) ) ) National Telecom PCS, Inc., ) BTA Nos. B114, B476, and ) B492, Frequency Block C ) ORDER Adopted: November 8, 1996 Released: November 12, 1996 By The
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  • handling of delinquent debts, and a penalty charge in the amount permitted by law. The penalty charge for delinquent debt payments permitted by 31 U.S.C. � 3717 currently is 6 percent a year for the failure to pay any part of the debt more than 90 days past due. ORDERING CLAUSES It is ORDERED that pursuant to Section 24.704, 24.708, 1.2104, 1.2109 of the Commission's rules, CHPCS is assessed a final default payment in the amount of $202,954,905.00 for license B347, $5,167,530.00 for license B124, $3,378,709.55 for license B144, $7,410,075.00 for license B222, $1,195,376.57 for license B322, $4,408,583.89 for license B362, $2,160,928.82 for license B420, and $5,239,711.18 for license B486 as computed in Attachment A. It is FURTHER ORDERED that CHPCS's
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  • Petition to Deny Period," Public Notice, 16 FCC Rcd 2339 (rel. Jan. 29, 2001); see also Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licenses, WT Docket No. 97-82, Sixth Report and Order and Order on Reconsideration, 15 FCC Rcd 16266 (2000) ("C/F Block Sixth Report and Order"). 19 47 C.F.R. �� 1.2109(b), 24.704, 1.2104(g)(2) (1996). 20 47 C.F.R. � 24.704 (1996). 21 Id. 22 Note that licenses B172, B188, and B224 were reconfigured in Auction No. 35 into three 10 MHz licenses. C/F Block Sixth Report and Order, 15 FCC Rcd 16266 (2000). 23 The first component of the default payment is the difference between the original net winning bid and the subsequent net
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit 47 C.F.R. � 24.704(a)(1); see also 47 C.F.R 1.2104(g)(1). 1 Georgia Independent PCS Corporation, "Request for Expedited Waiver of Section 24.704(a)(1) 2 Withdrawal Penalty" (March 6, 1996) and "Affidavits" (March 7, 1996) (collectively, "Georgia Waiver Request"). Id. 3 47 C.F.R. � 24.704(a)(1). 4 See 47 C.F.R. �� 1.2104(g) and 24.704(a)(1). 5 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 DA 96-706 In the Matter of )) Georgia Independent PCS
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  • than the withdrawal payment, any excess upfront 2 payment funds will be credited toward the down payment. Bidder Default If a winning bidder fails to submit the required down payment(s) by Wednesday, May 15, 1996, the bidder will be deemed to have defaulted, its application will be dismissed, and it will be subject to the default payment specified in Sections 1.2104(g)(2) and 24.704(a)(2) of the Commission's rules. See 47 C.F.R. �� 1.2104(g)(2) and 24.704(a)(2); Public Notice,"Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules," DA 96-481 (rel. April 4, 1996). Specifically, the defaulting bidder will be required to reimburse the Commission in the amount of the difference between its net winning bid and the amount of the winning bid the next
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit 47 C.F.R. � 1.2104(g)(1); see also 47 C.F.R. � 24.704(a)(1). The C block encompasses the 1895-1910 MHz band paired with 1975-1990 MHz band. See News Release, "Broadband Personal Communications Services C Block Auction Closes" (rel. May 6, 1996). Public Notice, "Entrepreneurs' C Block Auction Closes," DA 96-716 (rel. May 8, 1996). See 47 C.F.R. �� 24.704(a)(1) and 24.711(a)(2). Before the FEDERAL COMMUNICATIONS COMMISSION Washington,
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit See 47 C.F.R. �� 24.704, 24.708. See also 47 C.F.R �� 1.2104, 1.2109. 1 1 DA 96-1768 Before the FEDERAL COMMUNICATIONS COMMISSION Washington D.C. 20554 In the Matter of )) ) BDPCS, Inc., BTA Nos. B008, ) B036, B055, B089, B110, B133, ) B149, B261, B298, B331, B347, ) B358, B391, B395, B407, B413, ) and B447, Frequency Block C ) ORDER Adopted: October 25, 1996 Released: October 28, 1996 By The
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  • placed on those same licenses in the first C block auction. However, the high bids received for licenses B055, B110, B149, B261, B298, B331, B391, and B413 in the reauction were less than the high bids placed by BDPCS on those licenses in the first C block auction. See Payment Order at � 6; see also 47 C.F.R. �� 24.704(a)(2), 1.2104(g). 23 Petition for Reconsideration at 5-6. 24 Id. at 7. 25 Id. at 7-8. 26 Id. at 8. 27 5 6. On October 28, 1996, the Bureau released the Payment Order, assessing BDPCS a default payment in the amount of $67,695,653.23. This amount represents the total difference between BDPCS's winning bids and the amount of the winning bids in the
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  • Bureau noted in its December 20, 1996 Order assessing the payment against ClearComm that no intentional conduct led to the erroneous bid and that See PCS 2000, L.P., Request for Waiver of Section 24.704(a)(1) of the Commission's Rules, Order, DA 96- 4 2156 (rel. December 20, 1996) See May 19 Letter at � 2. 5 See e.g., 47 C.F.R. �� 1.2104(g)(1), 24.704(a) and 90.805(a) (1996 version). 6 See 1996 Atlanta Trunking Order at � 21 and 1997 Atlanta Trunking Order at � 7. 7 Id. 8 Id., see also 47 C.F.R. �� 0.131 and 0.331. 9 3 ClearComm acted expeditiously to correct its error. 4 In an application for review pending at the Commission, ClearComm has requested a complete waiver of
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  • to remit the required down payment within five business days after the Commission had declared competitive bidding closed, the bidder would be deemed in 47 C.F.R. �1.2109(b) (1995). Currently, Section 1.2109(b) allows a winning bidder ten business days after the 8 Commission has declared competitive bidding closed to remit the required down payment. 47 C.F.R. � 1.2109(b). 47 C.F.R. � 1.2104(g)(2) (1995). This provision is essentially the same today. 9 In re C.H. PCS, Inc., Request for Waiver of Section 24.711(a)(2) of the Commission's Rules, Order, 11 FCC Rcd 10 9343 (WTB 1996). C.H. PCS, Inc., BTA No. B347 Frequency Block C, Order, 11 FCC Rcd 22,430 (WTB 1996). 11 Letter from Wireless Telecommunications Bureau, Federal Communications Commission, to Mr. Kenneth
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  • Rcd 22,430 (1996) ("CHPCS Payment 4 Order I"). Letter from Wireless Telecommunications Bureau, Federal Communications Commission, to Mr. Kenneth 5 Hobbs, CHPCS, DA 97-260 (February 4, 1997). See Wireless Telecommunications Bureau Dismisses C.H. PCS, Inc. Applications for Auction Event No. 5, 6 Public Notice, DA 98-2270 (rel. November 6, 1998). 47 C.F.R. � 1.2109(c). 7 See 47 C.F.R. �� 24.704, 1.2104(g). 8 Id. 9 Id. 10 2 due to CHPCS's failure to pay the down payment for license B347 on time, the Wireless Telecommunications Bureau dismissed CHPCS's long form application for this license. In an 3 Order released on November 4, 1996, the Bureau assessed CHPCS a default payment with respect to the default on license B347. The Bureau subsequently notified
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  • DA 99-1166 C.H. PCS, Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules (filed 3 July 24, 1996). 47 C.F.R. � 1.2109(b) (1995). Currently, � 1.2109(b) allows a winning bidder ten business days after the 4 Commission has declared competitive bidding closed to remit the required down payment. 47 C.F.R. � 1.2109(b). See also 47 C.F.R. � 1.2104 (g), which states that a bidder that defaults on a payment due will be subject to default payments. In re C.H. PCS, Inc., Request for Waiver of Section 24.711(a)(2) of the Commission's Rules, Order, 11 5 FCC Rcd 9343 (WTB 1996) ("August 9, 1996 Order"). See C.H. PCS, Inc., BTA No. 347, Frequency Block C, Order, 11 FCC Rcd. 22430
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  • below, we deny BDPCS's Application for Review and its Waiver Request. III. DISCUSSION 8. In its Application for Review, BDPCS seeks to have its default payment obligation reduced to $24,930,564.73, which would represent a payment of three percent of the lower of BDPCS's bid or the winning bid when the licenses were subsequently offered for auction, as mandated in Sections 1.2104(g)(2) and 24.704(a)(2) of the Commission's rules. BDPCS requests that it be excused from paying the remainder of the default payment required in our rules, i.e., the total difference between BDPCS's winning bids and the amount of the winning bids in Auction No. 10 for those licenses that attracted lower winning bids in the subsequent auction (cumulatively $42,765,088.50). BDPCS reasons that
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  • of Georgia Independent PCS Corporation Request to Waive Bid Withdrawal Payment Provision, 4 DA 96-706 (rel. May 6, 1996) ("Bureau May 6 Order"). Atlanta Trunking Associates, Inc. "Request for Waiver" (December 18, 1996) ("ATA Waiver Request"). MAP 5 Wireless, L.L.C. "Request for Waiver of Section 24.704 of the Commission's Rules" (January 24, 1996) ("MAP Waiver Request"). See 47 C.F.R. �� 1.2104(g); 90.805(a); and 24.704(a)(1). 6 May 3 Order at 7. See, e.g., 47 C.F.R. �� 1.2104(g)(1), 24.704(a) and 90.805(a). 7 ATA Waiver Request at 1-3. 8 2 have before us an Application for Review pertaining to an Order by the Wireless 3 Telecommunications Bureau ("Bureau") requiring Georgia Independent PCS Corporation 4 ("Georgia") to make a bid withdrawal payments associated with its
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  • winning bids in the reauction (cumulatively $42,765,088.50), plus 27 Federal Communications Commission FCC 97-300 __________________________________________________________________________________________________________________________________ received for licenses B055, B110, B149, B261, B298, B331, B391, and B413 in the reauction were less than the high bids placed by BDPCS on those licenses in the first C block auction. See Payment Order at � 6; see also 47 C.F.R. �� 24.704(a)(2), 1.2104(g). 28 See BDPCS, Inc., Petition for Reconsideration (filed Nov. 27, 1996) ("November 1996 Petition"). 29 BDPCS, Inc., Order, DA 97-1066 (rel. May 21, 1997). 30 Petition for Reconsideration at 2. 31 5 an additional three percent of the lower of the two amounts for each of the 17 defaulted licenses (cumulatively $24,930,564.73). On November 27, 1996, BDPCS filed a Petition
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  • Notice. 30 Appendix A contains a list of parties filing comments, reply comments, and ex parte comments, and the abbreviated 31 names of the commenters. See, e.g., NextWave Comments at 16-19; Fortunet Comments at 4-6; GWI Comments at 7-12; Horizon Comments at 32 13-15; Chase ex parte letter, August 11, 1997 at 1-2. 10 (2) the default provisions of Section 1.2104(g) in the event of installment payment defaults; and (3) revised procedures for granting grace period requests. Many commenters opposed 26 any new fees for late submission of installment payments, and many favored simplified grace period procedures.27 14. On March 31, 1997, in response to a joint request from several C block licensees seeking to modify their installment payment obligations, and
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  • Therefore, we will allow "former defaulters," i.e., applicants that have defaulted or been delinquent in the past, but have since paid all of their Federal Communications Commission FCC 98-176 CIRI Comments at 7-9; see 47 C.F.R. � 24.720(l)(11). 71 Part 1 Third Report and Order, 13 FCC Rcd at 392-393 para. 28; 47 C.F.R. � 1.2110(b)(4)(xi). 72 47 C.F.R. � 1.2104. 73 Id. � 1.2105 74 Id. �� 1.2106, 1.2107. 75 Id. � 1.2108. 76 Id. � 1.2109; see C Block Further Notice, 12 FCC Rcd at 16,476 para. 90. 77 See Part 1 Third Report and Order, 13 FCC Rcd at 376 para. 1. 78 12 outstanding non-Internal Revenue Service Federal debts and all associated charges or penalties, to be
• http://wireless.fcc.gov/auctions/05/releases/fc980220.pdf http://wireless.fcc.gov/auctions/05/releases/fc980220.txt http://wireless.fcc.gov/auctions/05/releases/fc980220.wp
  • 24. The Commission's rules provide that when a winning bidder defaults on a license, the bidder becomes subject to a default payment equal to the difference between the amount bid and the winning bid the next time the license is offered by the Commission, plus a payment equal to Federal Communications Commission FCC 98-220 ______________________________________________________________________________ 47 C.F.R. � 24.704(a)(2) and 1.2104(g)(2). 64 Id. 65 See Fifth Report and Order, 9 FCC Rcd at 5563, � 73, n. 51; Public Notice, "Wireless Telecommunications 66 Bureau Will Strictly Enforce Default Payment Rules," DA 96-481 (April 6, 1996). See also C.H. PCS, Inc., BTA No. B347, Frequency Block C, Order, 11 FCC Rcd 22430 (Wireless Tel. Bur. 1996) (assessing an initial default deposit equal
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  • Personal Communications System on Frequency Block C in American Samoa, Market No. B- 492, Application for Review (filed June 7, 1996) ("First Application for Review"); National Telecom PCS, Inc., BTA Nos. B114, B476, and B492, Frequency Block C, Application for Review (filed Dec. 10, 1996) ("Second Application for Review") (collectively, "Applications for Review"). See Petition at 3; 47 C.F.R. �� 1.2104(g), 24.704. 3 Before the FEDERAL COMMUNICATIONS COMMISSION Washington D.C. 20554 In the Matter of ) ) National Telecom PCS, Inc. ) ) Petition for Reconsideration ) Request for Waiver of Bid Withdrawal ) Payment and Application for Authority to ) Construct a Personal Communications ) System on Frequency Block C in ) American Samoa, Market No. B492 ) ORDER ON
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  • 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 mechanisms in
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  • remit the required down payment within the prescribed time, fails to submit a long-form application or statement of intention, fails to make full payment, or is otherwise disqualified) will be subject to an additional payment of three percent of the subsequent winning bid or three percent of the amount of the defaulting bid, whichever is less. See 47 C.F.R. �� 1.2104(g) and 1.2109; Second Report and Order at 2373-2374. The additional three percent payment is designed to encourage bidders who wish to withdraw their bids to do so before bidding ceases. We will hold deposits made by defaulting or disqualified auction winners until full payment of these amounts. In rare cases in which it would be inequitable to retain a down
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  • Winning bidders must complete the FCC Form 600 Main Form, Schedule D and any exhibits required by Commission Rules. An applicant who fails to submit the required long-form application by April 29, 1996, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the penalties set forth in Section 1.2104 and 90.805 of the Commission's Rules. See 47 C.F.R. � 1.2107(c). Required proprietary information may be redacted, or confidentiality may be sought pursuant to Section 0.459 of the Commission's Rules, 47 C.F.R. � 0.459. Any such requests must be submitted manually, even if the winning bidder chooses to file electronically. If filing electronically, the winning bidder must indicate in an
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit FEDERAL COMMUNICATIONS COMMISSION DA 97-1085 47 C.F.R. �� 90.805(a) and 90.805(b). See also 47 C.F.R. � 1.2104(g)(1). 1 Rapid Wireless, Ltd., "Request for Waiver of Section 90.805 of the Commission's Rules" (filed April 22, 1996), 2 "Declaration of Douglas B. Sinclair" (filed April 22, 1996) and "Declaration of Elaine Presnell" (filed April 22, 1996), collectively, "Rapid Waiver Request." 1 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Rapid Wireless, Ltd. )
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission DA 98-1522 47 C.F.R. �� 90.805(a) and 90.805(b). See also 47 C.F.R. � 1.2104(g)(1). 1 Wilderness Communications, LLC, "Request for Waiver - Timely Action Requested" (filed April 17, 1996) 2 ("Request for Waiver") and attached "Declaration of J. Stacy Davidson" (April 17, 1996) ("Davidson Declaration"). The license ultimately was awarded to RAM Mobile Data USA Limited Partnership. 3 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of )) Wilderness Communications, LLC)
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Atlanta Trunking Associates, Inc, "Request for Waiver" (December 18, 1995) and 1 "Declaration," (December 21, 1995) (collectively, "ATA Waiver Request"). 47 C.F.R. � 90.805. 2 See 47 C.F.R. �� 1.2104(g) and 90.805(a). 3 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 FCC 96-203 In the Matter of )) Atlanta Trunking Associates, Inc. and ) MAP Wireless L.L.C. ) Requests to Waive Bid Withdrawal ) Payment Provisions ) ORDER Adopted: May 2, 1996 Released: May 3, 1996 By the Commission: I. INTRODUCTION 1. The Commission has before it Requests for Waiver
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  • of Georgia Independent PCS Corporation Request to Waive Bid Withdrawal Payment Provision, 4 DA 96-706 (rel. May 6, 1996) ("Bureau May 6 Order"). Atlanta Trunking Associates, Inc. "Request for Waiver" (December 18, 1996) ("ATA Waiver Request"). MAP 5 Wireless, L.L.C. "Request for Waiver of Section 24.704 of the Commission's Rules" (January 24, 1996) ("MAP Waiver Request"). See 47 C.F.R. �� 1.2104(g); 90.805(a); and 24.704(a)(1). 6 May 3 Order at 7. See, e.g., 47 C.F.R. �� 1.2104(g)(1), 24.704(a) and 90.805(a). 7 ATA Waiver Request at 1-3. 8 2 have before us an Application for Review pertaining to an Order by the Wireless 3 Telecommunications Bureau ("Bureau") requiring Georgia Independent PCS Corporation 4 ("Georgia") to make a bid withdrawal payments associated with its
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  • quickly and offer service to the public. By ensuring that bidders and license winners are serious, qualified applicants, these proposed rules will minimize the need to re-auction licenses and prevent delays in the provision of 47 U.S.C. � 309(j)(5). 176 Id. 177 See H.R. Rep. No. 111, 103rd Cong., 1st Sess. 258 (1993) (House Report). 178 See 47 C.F.R. �� 1.2104 and 1.2107. 179 See Competitive Bidding Second Report & Order at � 164. 180 38 900 MHz SMR service to the public. 96. As MTA licensees will gain use of a large geographic area and the freedom to locate base stations anywhere within that larger geographic region, they differ from the existing 900 MHz licensees that essentially are confined to
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  • is a high bidder. All applications are due on or before 5:30 P.M. (ET) on July 31, 1996. Bidder Default If a winning bidder fails to submit the required down payment(s) Wednesday, July 24, 1996, the bidder will be deemed to have defaulted, its application will be dismissed, and it will be subject to the default payment specified in Sections 1.2104(g)(2) and 24.704(a)(2) of 1 The C block encompasses the 1895-1910 MHz band paired with 1975-1990 MHz band. the Commission's rules. See 47 C.F.R. �� 1.2104(g)(2) and 24.704(a)(2); Public Notice, "Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules," DA 96- 481 (rel. April 4, 1996). Specifically, the defaulting bidder will be required to reimburse the Commission in the amount of
• http://wireless.fcc.gov/auctions/10/releases/da961273.pdf http://wireless.fcc.gov/auctions/10/releases/da961273.txt http://wireless.fcc.gov/auctions/10/releases/da961273.wp
  • such as securing back-up financing, to ensure that funds were available for a timely down payment in the event of unanticipated See IVDS Order at 4521. 8 See Emergency Petition for Waiver of Deadline for Submission of Upfront Payments for Broadband PCS 9 Auction filed by Personal Communications Corporation, Order, DA 95-37 (rel. January 12, 1995). See 47 C.F.R. �� 1.2104(g)(2) and 24.702(a)(2). 10 3 difficulties. In its Order denying a Petition for waiver of the upfront payment in the Broadband 8 PCS A and B Block auction, the Bureau stated that a "third party's failure to perform its contractual obligation did not constitute a special circumstance justifying a waiver of the deadline date associated with that rule." As such, we
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  • a license winner withdraws its bid after the Commission has declared competitive bidding closed or fails to remit the required down payment within five (5) business days after the Commission has declared competitive bidding closed, the bidder will be deemed to have defaulted, its application will be dismissed, and it will be liable for the default penalty specified in Section 1.2104(g)(2). 47 C.F.R. �� 24.708(b), 1.2109. 47 C.F.R. � 1.2109(b). 8 Section 24.704(a)(2) provides that 9 [i]f a high bidder defaults or is disqualified after the close of the auction, the defaulting bidder will be subject to [a penalty equal to the difference between the amount bid and the amount of the 2 $9,307,387.50 by July 24, 1996, to bring its
• http://wireless.fcc.gov/auctions/10/releases/fc970342.pdf http://wireless.fcc.gov/auctions/10/releases/fc970342.txt http://wireless.fcc.gov/auctions/10/releases/fc970342.wp
  • Notice. 30 Appendix A contains a list of parties filing comments, reply comments, and ex parte comments, and the abbreviated 31 names of the commenters. See, e.g., NextWave Comments at 16-19; Fortunet Comments at 4-6; GWI Comments at 7-12; Horizon Comments at 32 13-15; Chase ex parte letter, August 11, 1997 at 1-2. 10 (2) the default provisions of Section 1.2104(g) in the event of installment payment defaults; and (3) revised procedures for granting grace period requests. Many commenters opposed 26 any new fees for late submission of installment payments, and many favored simplified grace period procedures.27 14. On March 31, 1997, in response to a joint request from several C block licensees seeking to modify their installment payment obligations, and
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  • Therefore, we will allow "former defaulters," i.e., applicants that have defaulted or been delinquent in the past, but have since paid all of their Federal Communications Commission FCC 98-176 CIRI Comments at 7-9; see 47 C.F.R. � 24.720(l)(11). 71 Part 1 Third Report and Order, 13 FCC Rcd at 392-393 para. 28; 47 C.F.R. � 1.2110(b)(4)(xi). 72 47 C.F.R. � 1.2104. 73 Id. � 1.2105 74 Id. �� 1.2106, 1.2107. 75 Id. � 1.2108. 76 Id. � 1.2109; see C Block Further Notice, 12 FCC Rcd at 16,476 para. 90. 77 See Part 1 Third Report and Order, 13 FCC Rcd at 376 para. 1. 78 12 outstanding non-Internal Revenue Service Federal debts and all associated charges or penalties, to be
• http://wireless.fcc.gov/auctions/10/releases/fc980220.pdf http://wireless.fcc.gov/auctions/10/releases/fc980220.txt http://wireless.fcc.gov/auctions/10/releases/fc980220.wp
  • 24. The Commission's rules provide that when a winning bidder defaults on a license, the bidder becomes subject to a default payment equal to the difference between the amount bid and the winning bid the next time the license is offered by the Commission, plus a payment equal to Federal Communications Commission FCC 98-220 ______________________________________________________________________________ 47 C.F.R. � 24.704(a)(2) and 1.2104(g)(2). 64 Id. 65 See Fifth Report and Order, 9 FCC Rcd at 5563, � 73, n. 51; Public Notice, "Wireless Telecommunications 66 Bureau Will Strictly Enforce Default Payment Rules," DA 96-481 (April 6, 1996). See also C.H. PCS, Inc., BTA No. B347, Frequency Block C, Order, 11 FCC Rcd 22430 (Wireless Tel. Bur. 1996) (assessing an initial default deposit equal
• http://wireless.fcc.gov/auctions/11/releases/bip_def.pdf
  • Federal Register. The official rules govern in the case of conflicts. Relevant orders adopted to date by the FCC are provided in Tab E, Part 3 of this Bidder Information Package. Applicants need to stay apprised of any rule changes that occur after release of this Bidder Information Package. 81 PART 1 PRACTICE AND PROCEDURE Subpart Q--Competitive Bidding Proceedings Sec. 1.2104 Competitive bidding mechanisms. (a) Sequencing. The Commission will establish the sequence in which multiple licenses will be auctioned. (b) Grouping. In the event the Commission uses either a simultaneous multiple round competitive bidding design or combinatorial bidding, the Commission will determine which licenses will be auctioned simultaneously or in combination. (c) Reservation Price. The Commission may establish a reservation price,
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  • concerning the calculation and submission of down payments should be directed to Andy Cox at 202-418-1995. Bidder default. If a winning bidder fails to submit the required down payment(s) by the January 23, 1997 deadline, the bidder will be deemed to have defaulted, its application will be dismissed, and it will be subject to the default payment specified in Sections 1.2104(g)(2) and 24.704(a)(2) of the Commission's rules. See 47 C.F.R. �� 1.2104(g)(2) and 24.704(a)(2), BDPCS, Inc., FCC 96-498 (rel. Jan. 6, 1997); see also Public Notice, "Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules," DA 96-481 (rel. April 4, 1996). Specifically, the defaulting bidder will be required to reimburse the Commission the amount of the difference between its net winning
• http://wireless.fcc.gov/auctions/11/releases/da990520.pdf
  • EU, Inc. further states that it does not contest the inclusion in Auction No. 22 of the E block license for market B458E. EU, Inc. acknowledges that while it made a 20 percent down payment on that license it failed to pay the required 80 percent balance due on the license. See 47 C.F.R. � 1.2109(c), � 24.704, and � 1.2104(g)(2). 12 47 C.F.R. � 24.704. 13 Id. 14 47 C.F.R � 1.2106. See also Letter from Michele C. Farquhar, Chief, Wireless Telecommunications Bureau, 15 to Kenneth Hobbs, C.H. PCS, Inc., DA 97-260 (rel. February 4, 1997) and "Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules; Bureau to Re-Auction Licenses Quickly," Public Notice, DA 96-481, 11 FCC Rcd 10853 (1996).
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  • simultaneous multiple round auction of the D, E, and F block licenses, it is necessary for operational reasons to have the same upfront payment and Competitive Bidding Second Report and Order, 9 FCC Rcd at 2379. 218 See Id. 219 BDPCS paid an upfront payment of $7 million. NatTel paid an upfront payment of $50,000. Under 47 C.F.R. � 220 1.2104(g)(2) their default payment is the difference between the amount that they bid and the amount of the winning bid the next time the license is offered for auction, plus 3 percent of the subsequent winning bid. If the subsequent winning bid exceeds their defaulting bids, the 3 percent payment will be calculated based on their defaulting bid amount. Because their
• http://wireless.fcc.gov/auctions/11/releases/fc970342.pdf http://wireless.fcc.gov/auctions/11/releases/fc970342.txt http://wireless.fcc.gov/auctions/11/releases/fc970342.wp
  • Notice. 30 Appendix A contains a list of parties filing comments, reply comments, and ex parte comments, and the abbreviated 31 names of the commenters. See, e.g., NextWave Comments at 16-19; Fortunet Comments at 4-6; GWI Comments at 7-12; Horizon Comments at 32 13-15; Chase ex parte letter, August 11, 1997 at 1-2. 10 (2) the default provisions of Section 1.2104(g) in the event of installment payment defaults; and (3) revised procedures for granting grace period requests. Many commenters opposed 26 any new fees for late submission of installment payments, and many favored simplified grace period procedures.27 14. On March 31, 1997, in response to a joint request from several C block licensees seeking to modify their installment payment obligations, and
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  • authorized bidder. The FCC will fax a hard copy bid confirmation to those who bid by telephone. (5) Bid Withdrawal A high bidder that wants to withdraw one or more of its standing high bids during the course of the auction may do so during any bid withdrawal period, subject to the bid withdrawal payment specified in 47 C.F.R. � 1.2104 (g). The procedure for withdrawing a high bid and receiving a withdrawal confirmation is essentially the same as the bid submission procedure just described. To prevent a bidder from strategically delaying the close of the auction, the FCC retains the discretion to limit the number of times that a bidder may re-bid on a license from which it has withdrawn
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  • Questions concerning the calculation and submission of down payments should be directed to Andy Cox at (202) 418-1995. BIDDER DEFAULT. If a winning bidder fails to submit the required down payment(s) by January 29, 1997, the bidder will be deemed to have defaulted, its application will be dismissed, and it will be subject to the default payment specified in Sections 1.2104(g)(2) of the Commission's rules. See 47 C.F.R. �� 1.2104(g)(2); Public Notice, "Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules," DA 96-481 (rel. April 4, 1996). Specifically, the defaulting bidder will be required to reimburse the Commission in the amount of the difference between its winning bid and the amount of the winning bid the next time the license is
• http://wireless.fcc.gov/auctions/12/releases/f96-361.pdf http://wireless.fcc.gov/auctions/12/releases/f96-361.txt http://wireless.fcc.gov/auctions/12/releases/f96-361.wp
  • these situations based upon the premise that the appropriate bid withdrawal payment is one that takes into consideration the round and stage in which a mistaken bid is withdrawn. In general, this approach is designed to eliminate the strategic benefit of purposely submitting mistaken bids. Petitions for reconsideration with respect to this Order are currently pending. See 47 C.F.R. �� 1.2104(g) and 1.2109. 84 17 parties to bidding consortia on or before the date of the auction. Other applicants will not be 80 permitted to make any major modifications to their applications, including ownership changes or changes in the identification of parties to bidding consortia. We believe this distinction is warranted because applicants who filed applications previously submitted these forms any
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  • it must submit sufficient funds to bring the total amount of money on deposit with the government (upfront payment less any withdrawal payments) to 20 percent of its net winning bids (actual bids less any applicable bidding credits). See 47 C.F.R. � 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under Section 1.2104(g)(1) of the Commission's Rules, as discussed in Part 4.B(5) above. Upfront payments are applied first to satisfy any outstanding bid withdrawal payments before being applied toward down payments. 47 C.F.R � 1.2104(g)(2). B. Long-Form Application (FCC Form 600) Within ten business days after release of the auction closing notice, winning bidders must submit a properly completed FCC Form 600 application
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  • any combination of markets covered by the entire payment; and (3) increasing the number of bidding rounds per day, taking advantage of the experience that many participants will have acquired in Federal Communications Commission FCC 97-50 ADC Comments at 21-22. 361 BANM Comments at 8. 362 ALLTEL Comments at 4. 363 AT&T Comments at 5-6. 364 See 47 C.F.R. � 1.2104(d). 365 84 earlier auctions. Another commenter also suggests that the Commission can conduct multiple 361 rounds per day.362 169. ALLTEL supports the exclusive use of electronic bidding and filing procedures if MTA service areas are used, which it believes will facilitate the administration of an auction for 306 licenses (six 5 MHz blocks over 51 MTAs). AT&T, a proponent of
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  • it must submit sufficient funds to bring the total amount of money on deposit with the government (upfront payment less any withdrawal payments) to 20 percent of its net winning bids (actual bids less any applicable bidding credits). See 47 C.F.R. � 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under Section 1.2104(g)(1) of the Commission's Rules, as discussed in Part 4.B(5) above. Upfront payments are applied first to satisfy any outstanding bid withdrawal payments before being applied toward down payments. 47 C.F.R. � 1.2104(g)(2). B. Long-Form Application (FCC Form 600) Within ten business days after release of the auction closing notice, winning bidders must submit a properly completed FCC Form 600 application
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  • 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 p.m.
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  • Second Report and Order, the Commission determined that bid withdrawal, default and disqualification provisions were needed to discourage insincere bidding. The Commission 295 observed that insincere bidding, whether frivolous or strategic, distorts the price information generated by the auction process and reduces its efficiency. Accordingly, we adopt the bid 296 withdrawal, default and disqualification provisions as set forth in Sections 1.2104(g) and 1.2109 of the Commission's rules. Pursuant to these rules, any bidder who withdraws a high bid during an auction before we declare bidding closed will be required to reimburse the Commission in the amount of the difference between its high bid and the amount of the winning bid the next time the license is offered by the Commission, if
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  • difference between the gross bids, the three percent payment will be computed on the lower of the net bids. However, if the differences between both the gross bids and the net bids are less than or equal to zero, three percent payment will be computed on the lower of the net bids. The purpose of the default payment provisions, section 1.2104(g)(2) of the Commission's rules, is to assure that the winning bidder is obligated to pay the full amount of its winning bid (less any mitigation of damages arising from a subsequent auction of the spectrum) even if the winning bidder defaults or is determined to be disqualified and is never granted a license. The winning bidder's contractual obligation to pay
• http://wireless.fcc.gov/auctions/16/releases/da020493.pdf http://wireless.fcc.gov/auctions/16/releases/da020493.txt
  • Rcd. 11,774, 11,776 � 8 (2000) ("Initial Default Payment Order"). 7 800 MHz Specialized Mobile Radio (SMR) Service General Category (851-854 MHz) and Upper Band (861-865 MHz) Auction Closes, Public Notice, DA 00-2037 (rel. Sept. 6, 2000) ("Auction No. 34 Closing PN"). 8 Id., Attachment A "Round Results, High Bids," p. 50 of 50. 9 Id. 10 47 C.F.R. � 1.2104(g)(1) (1996). 11 Id. 12 47 C.F.R . � 1.2106(e) (1996). 13 47 C.F.R. � 1.2104(g)(1) (1996). 14 Id. Communications Pacific, Inc. 03/04/02 3 Under the Commission's rules, a bidder who fails to remit the required down or final payment for a license for which it was the high bidder is subject to a default payment.15 Each default payment is comprised
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  • bids less any applicable bidding credits). See 47 C.F.R. � 90.907. In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under Section 90.905 of the Commission's Rules, as discussed in Part 4.B(5) above. Upfront payments are applied first to satisfy any outstanding bid withdrawal payments before being applied toward down payments. 47 C.F.R � 1.2104(g)(2). 21 B. Long-Form Application Within ten business days after release of the auction closing notice, winning bidders must submit a properly completed long-form application and required exhibits for each 800 MHz SMR license won through the auction. Winning small business or very small business bidders must include an exhibit demonstrating their eligibility for the small business provisions. See 47 C.F.R.
• http://wireless.fcc.gov/auctions/16/releases/da972147.pdf http://wireless.fcc.gov/auctions/16/releases/da972147.txt http://wireless.fcc.gov/auctions/16/releases/da972147.wp
  • enable us to meet our revenue objectives while minimizing the possibility of retaining unsold licenses. Under a reserve price scenario we would lack the flexibility to reduce acceptable bids if we were to have seriously misjudged market conditions by overestimating the value of these licenses. 17. Accordingly, IT IS ORDERED that, under the authority contained in Sections 0.131(c), 0.331 and 1.2104 of the Commission's Rules, 47 C.F.R. �� 0.131(c), 0.331, and 1.2104, and pursuant to the authority of Sections 4(i), 303(r), 309(j), and 332(a)(2) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and 332(a), minimum opening bids subject to reduction are established for this auction as specified in this Order. Federal Communications Commission DA 97-2147 7
• http://wireless.fcc.gov/auctions/16/releases/da972583.pdf http://wireless.fcc.gov/auctions/16/releases/da972583.txt http://wireless.fcc.gov/auctions/16/releases/da972583.wp
  • a pending application. See 47 C.F.R. � 1.65. An applicant that fails to submit the required FCC Form 601 application by 5:30 p.m. Eastern Standard Time on December 23, 1997, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in 47 C.F.R. �� 1.2104, 90.905. Number of Forms To Be Filed Electronic or manual filers applying for multiple licenses are not required to submit a separate application for each market if all filing requirements associated with the application are identical except for the market designator, channel block, and market name. Under these circumstances, applicants may submit one FCC Form 601 Main Form and Schedule
• http://wireless.fcc.gov/auctions/16/releases/da991788.pdf http://wireless.fcc.gov/auctions/16/releases/da991788.txt http://wireless.fcc.gov/auctions/16/releases/da991788.wp
  • found that the amounts of the applicant's bids (which would have been different depending on its status) may have affected the "actions, bidding strategies, and bids of other bidders." Id. at 970. See also Two Way Radio of Carolina, Inc., Memorandum Opinion and Order, FCC 99-189 (released July 22, 1999). See Attachment A for payment instructions. 16 47 C.F.R. � 1.2104(g). 17 4 requesting that the late payment fee be reduced in order to reflect very small business rather than small business status, High Tech is essentially asking the Commission to allow it to amend its FCC Form 175 application. The Commission has previously rejected requests to amend a winning applicant's designated entity status once the auction has been completed, finding
• http://wireless.fcc.gov/auctions/16/releases/fc990308.pdf http://wireless.fcc.gov/auctions/16/releases/fc990308.txt http://wireless.fcc.gov/auctions/16/releases/fc990308.wp
  • Bidding Proceeding, Third Report and Order and Second Further Notice of Proposed Rule Making, WT Docket No. 97-82, 13 FCC Rcd 374, 454-456 (1997), in which the Commission clarified that the Bureau has the discretion to employ either minimum opening bids or reserve prices or both in future auctions after seeking comment from interested parties. Id. See also 47 C.F.R. 1.2104. 11 47 C.F.R. � 0.331. 12 2 Administrative Procedure Act (APA), and therefore committed prejudicial procedural error. Specifically, 5 6 SBT argues that the Bureau's actions in, first, implementing "click box" bidding and exponential smoothing 7 8 in addition to setting upfront payment amounts and, second, requesting comment on the use of minimum opening bids or reserve prices for the
• http://wireless.fcc.gov/auctions/16/releases/fc990368.pdf http://wireless.fcc.gov/auctions/16/releases/fc990368.txt http://wireless.fcc.gov/auctions/16/releases/fc990368.wp
  • Proceeding, Third Report and Order and Second Further Notice of Proposed Rule Making, WT Docket No. 97-82, 13 FCC Rcd 374, 454-456 (1997), in which the Commission clarified that the Bureau has the discretion to employ either minimum opening bids or reserve prices or both in future auctions after seeking comment from interested parties. Id. See also 47 C.F.R � 1.2104. 19 4 have met our statutory obligations without offering installment payment plans for 800 MHz SMR licensees. We note further that in place of installment payments, we established larger bidding credits for the 800 MHz SMR auction to provide for qualifying small businesses. 4. We disagree with Petitioners' contentions that installment payments are necessary to ensure a meaningful opportunity for
• http://wireless.fcc.gov/auctions/17/releases/d980141.pdf
  • for Workgroups 3.11, or Windows 95. This includes any other emulated Windows environment. Bid Submission Advisory: Once the auction commences, applicants are reminded to be careful to verify their bids prior to submission to avoid mistakes. Normally, a bidder that withdraws a high bid during the course of an auction is subject to a withdrawal payment. See 47 C.F.R. � 1.2104(g)(1). Bidders therefore should pay close attention to their bids and utilize all available safeguards to ensure that bids are not submitted in error. Once a bid is submitted, bidders are fully responsible for the consequences of any errors they make, unless relief is granted. Long-Form Applications: Applicants should be aware that at the long-form application stage, they will be subject
• http://wireless.fcc.gov/auctions/17/releases/d980230.pdf
  • for Workgroups 3.11, or Windows 95. This includes any other emulated Windows environment. Bid Submission Advisory: Once the auction commences, applicants are reminded to be careful to verify their bids prior to submission to avoid mistakes. Normally, a bidder that withdraws a high bid during the course of an auction is subject to a withdrawal payment. See 47 C.F.R. � 1.2104(g)(1). Bidders therefore should pay close attention to their bids and utilize all available safeguards to ensure that bids are not submitted in error. Once a bid is submitted, bidders are fully responsible for the consequences of any errors they make, unless relief is granted. Long-Form Applications: Applicants should be aware that at the long-form application stage, they will be subject
• http://wireless.fcc.gov/auctions/17/releases/d980572d.pdf http://wireless.fcc.gov/auctions/17/releases/d980572d.txt http://wireless.fcc.gov/auctions/17/releases/d980572d.wp
  • a pending application. See 47 C.F.R. � 1.65. An applicant that fails to submit the required FCC Form 601 application by 5:30 p.m. Eastern Time on Thursday, April 9, 1998, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in 47 C.F.R. �� 1.2104(g)(2), 101.1103(f ). Number of Forms To Be Filed Electronic or manual filers applying for multiple licenses are not required to submit a separate application for each market if all filing requirements associated with the application are identical except for the market designator, channel block, and market name. Under these circumstances, applicants may submit one FCC Form 601 Main Form and
• 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
  • Ownership disclosure requirements are set forth in Sec. 1.2112. Beginning January 1, 1999, all long-form applications must be filed electronically. An applicant that fails to submit the required long-form application under this paragraph and fails to establish good cause for any late-filed submission, shall be deemed to have defaulted and will be subject to the payments set forth in Sec. 1.2104. (d) As an exhibit to its long-form application, the applicant must provide a detailed explanation of the terms and conditions and parties involved in any bidding consortia, joint venture, partnership or other agreement or arrangement it had entered into relating to the competitive bidding process prior to the time bidding was completed. Such agreements must have been entered into prior
• http://wireless.fcc.gov/auctions/17/releases/da972081.pdf http://wireless.fcc.gov/auctions/17/releases/da972081.txt http://wireless.fcc.gov/auctions/17/releases/da972081.wp
  • removed. 21 Once a round closes, a bidder may no longer remove a bid. However, in the next round, a bidder may withdraw standing high bids from previous rounds using the withdraw bid function. A high bidder that withdraws its standing high bid from a previous round is subject to the bid withdrawal payments specified in 47 C.F.R. �� 101.1103(f), 1.2104(g), and 1.2109. The procedure for withdrawing a bid and receiving a withdrawal confirmation is essentially the same as the bidding procedure described in Bidding, Part 4.B(4), supra. The FCC will limit the number of rounds in which bidders may place withdrawals to two rounds. These rounds will be at the bidder's discretion and there will be no limit on the
• http://wireless.fcc.gov/auctions/17/releases/da972224.pdf http://wireless.fcc.gov/auctions/17/releases/da972224.txt http://wireless.fcc.gov/auctions/17/releases/da972224.wp
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Section 3002(a), Balanced Budget Act of 1997, P.L. 105-33, 111 Stat. 251 (1997); 47 U.S.C. � 309(j)(4)(F). The 1 Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Public Notice, "Auction of Local Multipoint Distribution Service: Auction Notice and Filing Requirements for 2 986 Basic Trading Area ("BTA") Licenses in the 28 GHz and 31 GHz Bands, Scheduled for December 10, 1997," DA 97-2081 (released September 25, 1997). PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 News Media Information: (202) 418-0500
• http://wireless.fcc.gov/auctions/17/releases/da972420.pdf http://wireless.fcc.gov/auctions/17/releases/da972420.txt http://wireless.fcc.gov/auctions/17/releases/da972420.wp
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Section 3002(a), Balanced Budget Act of 1997, P.L. 105-33, 111 Stat. 251 (1997); 47 U.S.C. � 309(j)(4)(F). The 1 Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Public Notice, "Auction of Local Multipoint Distribution Service: Auction Notice and Filing Requirements for 2 986 Basic Trading Area ('BTA') Licenses in the 28 GHz and 31 GHz Bands, Scheduled for December 10, 1997," DA 97-2081 (released September 25, 1997). See Public Notice, "LMDS Auction Postponed Until February 18, 1998," DA 97-2352 (rel. Nov. 10, 1997) ("Auction
• http://wireless.fcc.gov/auctions/17/releases/da980066.pdf http://wireless.fcc.gov/auctions/17/releases/da980066.txt http://wireless.fcc.gov/auctions/17/releases/da980066.wp
  • sparsely populated areas. The revised minimum opening bid levels for licenses in the two tiers with populations below 1,000,000 will balance the objective of providing a fair return for the public while still encouraging broad participation and avoiding a delay of service to smaller markets. 12. Accordingly, IT IS ORDERED that, under the authority contained in Sections 0.131(c), 0.331 and 1.2104 of the Commission's Rules, 47 C.F.R. �� 0.131(c), 0.331, and 1.2104, and pursuant to the authority of Sections 4(i), 303(r), 309(j), and 332(a)(2) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and 332(a), minimum opening bids subject to reduction are established for this auction as specified in this Order. Federal Communications Commission DA 98-66 7
• http://wireless.fcc.gov/auctions/17/releases/da980572.pdf http://wireless.fcc.gov/auctions/17/releases/da980572.txt http://wireless.fcc.gov/auctions/17/releases/da980572.wp
  • Section 309(j) of the Communications Act -- Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5563 at n. 51 (1994); see also C.H. PCS, Inc., DA 96-1825 (rel. Nov. 4, 1996) (requiring a three percent deposit). When it becomes possible to calculate and assess the payment, we will notify these bidders. See 47 C.F.R. � 1.2104(g)(2). As discussed above, a bidder's upfront payment will be applied toward its withdrawn bid payment. Refund of excess upfront payments (for winning bidders). Upfront monies on deposit which are in excess of the required down payment, withdrawal and default payment amounts will be refunded to the payor of record promptly. Bidders who prefer refunds to be sent by wire transfer
• http://wireless.fcc.gov/auctions/17/releases/da982266.pdf http://wireless.fcc.gov/auctions/17/releases/da982266.txt http://wireless.fcc.gov/auctions/17/releases/da982266.wp
  • Form 175) March 29, 1999; 5:30 p.m. ET ! Upfront Payments (via wire transfer) April 12, 1998; 6:00 p.m. ET Section 3002(a), Balanced Budget Act of 1997, Pub. L. 105-33, 111 Stat. 251 (1997) ("Budget Act"); 47 U.S.C. � 6 309(j)(4)(F). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Allocation of Spectrum Below 7 5 GHz Transferred from Federal Government Use, 4660-4685 MHz, WT Docket No. 97-82, ET Docket No. 94-32, FCC 97-413, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374, 454-455, � 141 (1998) ("Part
• http://wireless.fcc.gov/auctions/17/releases/da990690.pdf
  • on two licenses (in Markets B372 and B392) and receive an unconditional grant of the remaining four licenses (in Markets B038, B144, B254, and B371) for which New Wave claims it has made timely and complete payment. 11 Under the Commission's Rules, a winning bidder that defaults after having made the See 47 C.F.R. � 1.2109(c), � 24.704, and � 1.2104(g)(2). 12 47 C.F.R. � 24.704. 13 Id. 14 47 C.F.R � 1.2106. See also Letter from Michele C. Farquhar, Chief, Wireless Telecommunications Bureau, 15 to Kenneth Hobbs, C.H. PCS, Inc., DA 97-260 (rel. February 4, 1997) and "Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules; Bureau to Re-Auction Licenses Quickly," Public Notice, DA 96-481, 11 FCC Rcd 10853 (1996).
• http://wireless.fcc.gov/auctions/17/releases/da991037.pdf http://wireless.fcc.gov/auctions/17/releases/da991037.txt http://wireless.fcc.gov/auctions/17/releases/da991037.wp
  • (Auction No. 23 PN). 47 C.F.R. � 1.2109(c); National Telecom PCS, Inc., Memorandum Opinion and Order, 12 FCC Rcd 10163, 16 10171-72 (1997); 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, 434 (1997). 47 C.F.R. � 1.2104(g). 17 47 C.F.R. � 1.2104(g)(1). 18 See 47 C.F.R. � 1.2104(g)(2). 19 Id. 20 3 28, 1998, letter. On October 23, 1998, Baker Creek indicated its intention to default on thirty-seven LMDS 13 licenses and stated that it would make full payment on the remaining 195 LMDS licenses it won at auction and deposit a three percent initial default payment
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  • withdraw a high bid, are found not to be qualified to hold licenses, or default on payment of a balance due. In the Third NPRM, we 504 proposed to use the bid withdrawal, default and disqualification rules set forth in Sections Federal Communications Commission FCC 97-82 Third NPRM, 11 Rcd at 114-15 (paras. 170, 171). 505 See 47 CFR �� 1.2104(g), 1.2109. We recently addressed the issue of how our bid withdrawal provisions apply 506 to bids that are mistakenly placed and withdrawn in a decision involving the 900 MHz SMR and broadband PCS C block auctions. See Atlanta Trunking Associates, Inc. and MAP Wireless L.L.C. Request To Waive Bid Withdrawal Payment Provisions, FCC 96-203, Order (released May 3, 1996) (summarized
• http://wireless.fcc.gov/auctions/17/releases/lmdsbp_b.pdf
  • is removed. Once a round closes, a bidder may no longer remove a bid. However, in the next round, a bidder may withdraw standing high bids from previous rounds using the withdraw bid function. A high bidder that withdraws its standing high bid from a previous round is subject to the bid withdrawal payments specified in 47 C.F.R. �� 101.1103(f), 1.2104(g), and 1.2109. The procedure for withdrawing a bid and receiving a withdrawal confirmation is essentially the same as the bidding procedure described in Bidding, Part 4.B(5), supra. The FCC will limit the number of rounds in which bidders may place withdrawals to two rounds. These rounds will be at the bidder's discretion and there will be no limit on the
• http://wireless.fcc.gov/auctions/17/releases/lmdsbp_e.pdf
  • (10) business days of the announcement of the high bidders. If, pursuant to Section 309(d) of the Communications Act, we dismiss or deny any and all petitions Federal Communications Commission FCC 97-82 Competitive Bidding Second Report and Order, 9 FCC Rcd at 2382 (paras. 197-205). 504 Third NPRM, 11 Rcd at 114-15 (paras. 170, 171). 505 See 47 CFR �� 1.2104(g), 1.2109. We recently addressed the issue of how our bid withdrawal provisions apply 506 to bids that are mistakenly placed and withdrawn in a decision involving the 900 MHz SMR and broadband PCS C block auctions. See Atlanta Trunking Associates, Inc. and MAP Wireless L.L.C. Request To Waive Bid Withdrawal Payment Provisions, FCC 96-203, Order (released May 3, 1996) (summarized
• http://wireless.fcc.gov/auctions/18/releases/220_b.pdf
  • longer remove a bid. However, in the next round, a bidder may withdraw standing high bids from previous rounds using the withdraw bid function (assuming that the bidder has not exhausted its withdrawal allowance). A high bidder that withdraws its standing high bid from a previous round is subject to the bid withdrawal payments specified in 47 C.F.R. �� 90.1007, 1.2104(g), and 1.2109. The procedure for withdrawing a bid and receiving a withdrawal confirmation is essentially the same as the bidding procedure described in "High Bids," Part 4.B.(4). Bidders are limited to placing withdrawals in two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn in
• http://wireless.fcc.gov/auctions/18/releases/220_e.pdf
  • percent fee is large enough to deter winning bidders from making late payments and yet small enough so as not to be punitive. Therefore, applicants that do not submit the required final payment and 5 percent late fee within the 10-day late payment period will be declared in default and will be subject to the default payment specified in Section 1.2104(g). 163. We emphasize that our decision to permit late payments is limited to payments owed by winning bidders that have submitted timely initial down payments. We continue to believe that the strict enforcement of payment deadlines enhances the integrity of the auction and licensing process by ensuring that applicants have the necessary financial qualifications. In this connection, we believe that
• http://wireless.fcc.gov/auctions/18/releases/da020805.pdf http://wireless.fcc.gov/auctions/18/releases/da020805.txt
  • FCC Rcd 605, Attachment A (1998) ("Auction No. 18 Winning Bidders Public Notice"). 2 Phase II 220 MHz Service Auction Closes: Winning Bidders In the Auction of 225 Licenses in the Phase II 220 MHz Service, Report No. AUC-24-E (Auction No. 24), Public Notice, 14 FCC Rcd 11218 (1999) ("Auction No. 24 Winning Bidders Public Notice"). 3 47 C.F.R. � 1.2104(g)(1) (1998). 4 47 C.F.R. � 1.2104(g)(1); Auction No. 18 Winning Bidders' Public Notice, 14 FCC Rcd at 608 and Attachment C (identifies bidders that withdrew bids in Auction No. 18 and states the interim three percent bid withdrawal payment). 5 See 47 C.F.R. � 1.2106(e) (1998); Auction No. 18 Winning Bidders' Public Notice, 14 FCC Rcd at 608. Messrs. Dennis
• http://wireless.fcc.gov/auctions/18/releases/da021648.pdf http://wireless.fcc.gov/auctions/18/releases/da021648.txt
  • Licenses BEA 013B and BEA 013C are in the Washington-Baltimore, DC-MD-VA market. 3 Phase II 220 MHz Service Spectrum Auction Closes: Winning Bidders in the Auction of 225 Licenses in the Phase II 220 MHz Service, Report No. AUC-24-E, (Auction No. 24), Public Notice, 14 FCC Rcd 11218 (1999) ("Auction No. 24 Winning Bidders Public Notice"). 4 47 C.F.R. � 1.2104(g)(1) (1998). 5 47 C.F.R. � 1.2104(g)(1) (1998); Auction No. 18 Winning Bidders' Public Notice, 14 FCC Rcd at 608 and Attachment C (identifies bidders that withdrew bid in Auction No. 18 and lists the interim three percent bid withdrawal payment). 6 See 47 C.F.R. � 1.2106(e) (1998); Auction No. 18 Winning Bidders' Public Notice, 14 FCC Rcd at 608. 7
• http://wireless.fcc.gov/auctions/18/releases/da021649.pdf http://wireless.fcc.gov/auctions/18/releases/da021649.txt
  • Auction No. 18 Winning Bidders Public Notice at Attachment A and C. 3 Phase II 220 MHz Service Spectrum Auction Closes, Winning Bidders in the Auction of 225 Licenses in the Phase II 220 MHz Service, Report No. AUC-24-E (Auction No. 24), Public Notice, 14 FCC Rcd 11218 (1999) ("Auction No. 24 Winning Bidders Public Notice"). 4 47 C.F.R. � 1.2104(g)(1) (1998). Intek License Acquisition Corporation July 12, 2002 2 assessed if the subsequent winning bid or any of the intervening subsequent withdrawn bids equals or exceeds that withdrawn bid.5 If a high bid is withdrawn on a license that remains unsold at the close of the auction, the withdrawing bidder will be required to make an interim payment equal to
• http://wireless.fcc.gov/auctions/18/releases/da021761.pdf http://wireless.fcc.gov/auctions/18/releases/da021761.txt
  • 18), Public Notice, 14 FCC Rcd 605, Attachment A (1998) ("Auction No. 18 Winning Bidders Public Notice") (with respect to Intellicom's bid withdrawals pertaining to Licenses BEA 019A, Raleigh-Durham-Chapel Hill, N.C. and BEA 022C, Fayetteville, N.C., those licenses received subsequent winning bids during Auction No. 18 in amounts greater than the respective withdrawn bids. Thus, pursuant to 47 C.F.R. � 1.2104(g)(1) (1998), no interim withdrawal payments were assessed and no final bid withdrawal payments will be assessed with regard to these two licenses). 2 Phase II 220 MHz Service Auction Closes: Winning Bidders in the Auction of 225 Licenses in the Phase II 220 MHz Service, Report No. AUC-24-E (Auction No. 24), Public Notice, 14 FCC Rcd 11218 (1999) ("Auction No.
• http://wireless.fcc.gov/auctions/18/releases/da972497.pdf http://wireless.fcc.gov/auctions/18/releases/da972497.txt http://wireless.fcc.gov/auctions/18/releases/da972497.wp
  • and Regulation of Foreign-Affiliated Entities, IB Docket No. 95-22, Report and Order and Order on Reconsideration, FCC 97-398 (adopted November 25, 1997). See Section 3002(a), Balanced Budget Act of 1997, P.L. 105-33, 111 Stat. 251 (1997); 47 U.S.C. � 7 309(j)(4)(F). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Public Notice, "Comment Sought on Reserve Prices or Minimum Opening Bids for LMDS Auction," DA 8 97-2224, 62 Fed. Reg. 55642, (rel. October 17, 1997); and Public Notice, "Opportunity for Reply Comment on Reserve Prices or Minimum Opening Bids for LMDS Auction Extended," DA 97-2420 (rel. November 18, 1997). 5 attribution of gross revenues of investors in
• http://wireless.fcc.gov/auctions/18/releases/da980048.pdf http://wireless.fcc.gov/auctions/18/releases/da980048.txt http://wireless.fcc.gov/auctions/18/releases/da980048.wp
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Section 3002(a), Balanced Budget Act of 1997, Pub. L. 105-33, 111 Stat. 251 (1997) ("Budget Act"); 47 1 U.S.C. � 309(j)(4)(F). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See In the Matter of Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures , 2 Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use, 4660-4685 MHz, WT Docket No. 97-82, ET Docket No. 94-32, FCC 97-413, Third Report and Order and Second Further Notice of Proposed Rule Making (rel. December 31, 1997)
• http://wireless.fcc.gov/auctions/18/releases/da980526.pdf http://wireless.fcc.gov/auctions/18/releases/da980526.txt http://wireless.fcc.gov/auctions/18/releases/da980526.wp
  • the 5 Phase II 220 MHz Service, Public Notice, DA 98-48 (Wireless Tel. Bur., rel. January 13, 1998), 63 FR 2976 (January 20, 1998); Section 3002(a), Balanced Budget Act of 1997, P.L. 105-33, 111 Stat. 251 (1997); 47 U.S.C. � 309(j)(4)(F). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). 4 should be aware that when FCC licenses are subject to auction ( i.e., because they are mutually exclusive) the recently enacted Balanced Budget Act of 1997 calls upon the Commission to prescribe methods by which a reasonable reserve price will be required or a minimum opening bid established, unless the Commission determines that a reserve price or
• http://wireless.fcc.gov/auctions/18/releases/da981010.pdf http://wireless.fcc.gov/auctions/18/releases/da981010.txt http://wireless.fcc.gov/auctions/18/releases/da981010.wp
  • The Bureau received three comments in response to the Public Notice. See Attachment F, which identifies all of the commenters. Section 3002(a), Balanced Budget Act of 1997, Pub. L. 105-33, 111 Stat. 251 (1997) ("Budget Act"); 47 2 U.S.C. � 309(j)(4)(F). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). 220 MHz Public Notice, 13 FCC Rcd. at 709-717. 3 1 PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION News Media Information: (202) 418- 1919 M STREET, N.W. WASHINGTON, D.C. 20554 0500 Fax-On-Demand: (202) 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov DA 98-1010 May 29, 1998 AUCTION OF THE PHASE II 220 MHZ SERVICE LICENSES Auction Notice and Filing Requirements for 908 Licenses Consisting
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  • subsequent net winning bid, or the difference between the gross withdrawn bid and the subsequent gross winning bid, whichever is less. No withdrawal 4 payment is assessed if the subsequent winning bid exceeds the withdrawn bid. This payment amount is deducted from any upfront payments or down payments that the withdrawing bidder has deposited with the Commission. See 47 C.F.R. 1.2104(g)(1). In those cases where the amount of the withdrawal payment cannot yet be determined because there was no winning bid, the withdrawing bidder is required to make a three (3) percent deposit on the net amount bid on the license(s). Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9
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  • bidders, and other pertinent information. In this Public Notice, we seek comment on procedural issues relating to Auction No. 24. Section 3002(a), Balanced Budget Act of 1997, Pub. L. 105-33, 111 Stat. 251 (1997) ("Budget Act"); 47 U.S.C. � 2 309(j)(4)(F). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Allocation of Spectrum Below 3 5 GHz Transferred from Federal Government Use, 4660-4685 MHz, WT Docket No. 97-82, ET Docket No. 94-32, FCC 97-413, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374, 454-455, � 141 (1998) ("Part
• http://wireless.fcc.gov/auctions/18/releases/da982397.pdf http://wireless.fcc.gov/auctions/18/releases/da982397.txt http://wireless.fcc.gov/auctions/18/releases/da982397.wp
  • 90.1017(a), 90.1021(b)(2). Rush's total gross winning bid amount, excluding the 35 percent bidding credit, was $99,900. With the 35 percent bidding credit, Rush's total net winning bid amount was $64,935. See Phase II 220 MHz Public Notice, Attachment A. As a "very small business" Rush's default penalty payment obligations are based on its net winning bid. See 47 C.F.R. � 1.2104(g)(1)-(2). The Commission's Rules require each successful bidder to submit its long-form application within ten business 7 days after the release of the Public Notice announcing that it is the winning bidder. 47 C.F.R. �� 1.2107(c), 90.1013. The Phase II 220 MHz Public Notice was released on October 23, 1998. Accordingly, the long-form filing deadline for the Phase II 220 MHz
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  • 1999 Mr. Jeremy Greene 2629 Manchester Court Thousand Oaks, California 91362 Dear Mr. Greene: This letter responds to your request for waiver of the Federal Communications Commission's (``Commission'') competitive bidding rules, which was filed as Exhibit F to your Form 601, submitted on July 16, 1999. Specifically, you ask for waiver of the Commission's bid withdrawal payment rule, Sections 90.1007, 1.2104 (g). For the reasons stated below we deny your request. Additionally, in the conclusion of your waiver request you make mention of a ``payment plan.'' To the extent your request also seeks an installment payment plan, such a request is denied for the reasons stated in our First Waiver Denial. I. Background. As noted in prior correspondence and decisions related
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit FEDERAL COMMUNICATIONS COMMISSION In the Matter of ) ) Request for Waiver of the Bid Withdrawal ) Payment Rule as Set Forth in ) Sections 1.2104(g) and 90.1007 ) of the Commission's Rules ) ) ORDER Adopted: December 21, 1999 Released: December 22, 1999 By the Deputy Chief, Wireless Telecommunications Bureau: We have before us a letter dated November 17, 1999, from Mr. Jeremy Greene challenging a letter issued by the Auctions and Industry Analysis Division on November 10, 1999, denying his request for waiver of
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  • payment deadlines for small businesses and very small businesses. 465 Third Notice, 11 FCC Rcd at 257-59 (paras. 139-140). 466 Competitive Bidding Second Report and Order, 9 FCC Rcd at 2373-74 (para. 151). 467 SMR Comments at 20 n.21; AMTA Comments at 21. See also U.S. MobilComm Comments at 6; 468 Roamer Comments at 1-2; Incom Comments at 2. Section 1.2104(g)(1) of the Commission's Rules, 47 C.F.R. � 1.2104(g)(1). 469 PAGE 113 within ten business days following release of a Public Notice announcing the close of bidding. 465 All auction winners, except those eligible for an installment payment plan, will be required to make full payment of the balance of their winning bids within ten business days following release of a
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  • percent fee is large enough to deter winning bidders from making late payments and yet small enough so as not to be punitive. Therefore, applicants that do not submit the required final payment and 5 percent late fee within the 10-day late payment period will be declared in default and will be subject to the default payment specified in Section 1.2104(g). 162. We emphasize that our decision to permit late payments is limited to payments owed by winning bidders that have submitted timely initial down payments. We continue to believe that the strict enforcement of payment deadlines enhances the integrity of the auction and licensing process by ensuring that applicants have the necessary financial qualifications. In this connection, we believe that
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  • withdrew his high bid in Round 3 41 and no subsequent bids were placed for the license. Following the close of the auction, Greene requested 4 Federal Communications Commission FCC 99-191 Id. See Letter from Jeremy Greene to Amy Zoslov, Chief, Auctions and Industry Analysis Division, dated 5 October 29, 1998 ("October 29, 1998 Letter"); see also 47 C.F.R. � 1.2104(g)(1). See October 26, 1998 Letter and October 29, 1998 Letter. 6 See Waiver Denial at 22,347-48. 7 See Letter from Jeremy Greene, "Waiver-Petition to Reconsider DA-2321," to Chairman William Kennard, 8 Commissioners Susan Ness, Harold Furchtgott-Roth, Michael Powell and Gloria Tristani, dated November 17, 1998 ("Petition for Reconsideration"). Petition for Reconsideration. Consistent with the Commission's suspension of the installment payment
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  • FCC licenses are subject to auction (i.e., because they are mutually exclusive) the recently enacted Balanced Budget Act of 1997 calls upon the See Section 3002(a), Balanced Budget Act of 1997, P.L. 105-33, 111 Stat. 251 (1997); 47 U.S.C. � 309(j)(4)(F). The FCC's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). 3 FCC to prescribe methods by which a reasonable reserve price will be required or a minimum opening bid established, unless the FCC determines that a reserve price or minimum bid is not in the public interest.4 For further information, contact Kathy Garland, Lisa Hartigan, or LaVonia Connelly, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, at (202)
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Section 3002(a), Balanced Budget Act of 1997, Pub. L. 105-33, 111 Stat. 251 (1997) ("Budget Act"); 47 1 U.S.C. � 309(j)(4)(F). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See In the Matter of Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures , 2 Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use, 4660-4685 MHz, WT Docket No. 97-82, ET Docket No. 94-32, FCC 97-413, Third Report and Order and Second Further Notice of Proposed Rule Making (rel. December 31, 1997)
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  • sequential bidding for GWCS licenses: (1) If a bid is withdrawn before the Commission has declared the bidding to be closed for the license bid on, no bid withdrawal penalty will be assessed. (2) If a bid is withdrawn after the Commission has declared the bidding to be closed for the license bid on, the bid withdrawal penalty of � 1.2104(g) of this chapter and paragraphs (a)(1) and (a)(2) of this section will apply. � 26.205 Bidding application (FCC Form 175 and 175-S Short-Form). All applicants for initial provision of GWCS service must submit applications on FCC Forms 175 and 175-S pursuant to the procedures set forth in � 1.2105 of part 1 of this chapter. The Commission will issue a
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  • Part 1 rules concerning short-form and long-form applications (including the anti-collusion rule), withdrawal and default payments, down payments, full payment, late payment fees, and unjust enrichment will now replace all analogous rules previously Federal Communications Commission FCC 98-212 That is, all service-specific GWCS application and payment rules are now replaced by their Part 1 rule counterparts: 47 5 C.F.R. �� 1.2104, 1.2105, 1.2106, 1.2107, 1.2108, 1.2109, 1.2110, 1.2111, and 1.2112. See Appendix C. 47 C.F.R. � 1.2113. 6 See 47 C.F.R. �� 1.2110(b)(4), m. 7 While we are adopting the proposed definition of "controlling interest" for GWCS, this decision is not dispositive of the 8 issue as it pertains to all other future auctions. The Part 1 designated entity provisions contained
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  • identical to the Commerce Department's Economic Areas, no part of which is within 100 miles of 2 a major waterway. Section 3002(a), Balanced Budget Act of 1997, Pub. L. 105-33, 111 Stat. 251 (1997) ("Budget Act"); 47 3 U.S.C. � 309(j)(4)(F). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Allocation of 4 Spectrum Below 5 GHz Transferred from Federal Government Use, 4660-4685 MHz, WT Docket No. 97-82, ET Docket No. 94-32, FCC 97-413, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374, 454-455, � 141 (1998) ("Part
• http://wireless.fcc.gov/auctions/20/releases/da981796.pdf http://wireless.fcc.gov/auctions/20/releases/da981796.txt http://wireless.fcc.gov/auctions/20/releases/da981796.wp
  • Public Notice, DA 98- 1469 (rel. July 23, 1998) ("VHF Public Coast Public Notice"), 63 FR 40906 (July 31, 1998). Section 3002(a), Balanced Budget Act of 1997, Pub. L. 105-33, 111 Stat. 251 (1997) ("Budget Act"); 47 2 U.S.C. � 309(j)(4)(F). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). VHF Public Coast Service Public Notice at 2. 1 PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION News Media Information: (202) 418-0500 1919 M STREET, N.W. WASHINGTON, D.C. 20554 Fax-On-Demand: (202) 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov DA 98-1796 September 4, 1998 AUCTION OF 156-162 MHz VHF PUBLIC COAST STATION SERVICE LICENSES Auction Notice and Filing Requirements for 42 Geographic Area Licenses Scheduled
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  • the subsequent net winning bid, or the difference between the gross withdrawn bid and the subsequent gross winning bid, whichever is less. No withdrawal payment is assessed if the subsequent winning bid exceeds the withdrawn bid. This payment amount is deducted from any upfront payments or down payments that the withdrawing bidder has deposited with the Commission. See 47 C.F.R. 1.2104(g)(1). In those cases where the amount of the withdrawal payment cannot yet be determined because there was no subsequent winning bid, the withdrawing bidder is required to make a three (3) percent deposit on the net amount of the withdrawn bid on the license(s). Implementation of Section 309(j) of the Communications Act-Competitive Bidding, PP Docket No. 93-253, Fifth Report and
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  • difference between the amount bid and the amount of the winning bid the next time the license is offered by the Commission, plus three percent of the subsequent winning bid (except that if the subsequent winning bid exceeds the defaulting bidder's bid amount, the three percent payment will be calculated based on the defaulting bidder's bid amount). 47 C.F.R. �� 1.2104(g), 1.2109(c). See Havens Opposition at 2, 8. 19 See generally, e.g., Shareholders of Pulitzer Publishing Co., Memorandum Opinion and Order, 13 FCC Rcd 20 22876, 22895 (MMB 1998); K.O. Communications, Inc., Memorandum Opinion and Order, 13 FCC Rcd 12765, 12780 (WTB 1998) (citing Commission Taking Tough Measures Against Frivolous Pleadings, Public Notice, 11 FCC Rcd 3030, 3030 (1996)). Jack Bond,
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  • be applied to this initial default payment (BEA 107C). If additional payment is required after BEA 107C is re-auctioned, a second order will be issued to assess the amount due. IV. Ordering Clauses 8. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act, as amended, 47 U.S.C. �� 154(i), 309, and sections 0.331 and 1.2104 of the Commission's Rules, 47 C.F.R. �� 0.331, 1.2104, the Form 175 application for Market BEA 107C, Minneapolis - St. Paul, MN-WI-IA, filed by Metro-Trak, L.L.C. IS DISMISSED. 9. IT IS FURTHER ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and sections 0.331 and 1.2104(g) of the Commission's rules, 47
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  • fixed and established at the close of the auction. A winning bidder that defaults on its full payment obligation will, therefore, be required to make the Commission whole for the amount of the winning bid, subject to any mitigation of damages produced by the subsequent auction of the license (or licenses) for the same spectrum. 12. Accordingly, pursuant to sections 1.2104(g)(2) and 1.2106(c) the Commission's rules, Metro-Trak is subject to default payment obligations. Specifically, Metro-Trak is required to pay the difference between the amount bid and the amount of the winning bid the next time the license is offered by the Commission (so long as the subsequent winning bid is less than the defaulted bid), plus an additional payment equal to
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  • the LMS auction comprise the following areas: (1) the continental United States, Hawaii and Alaska (Alaska to be licensed in Section 3002(a), Balanced Budget Act of 1997, Pub. L. 105-33, 111 Stat. 251 (1997) ("Budget Act"); 2 47 U.S.C. � 309(j)(4)(F). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Allocation 3 of Spectrum Below 5 GHz Transferred from Federal Government Use, 4660-4685 MHz, WT Docket No. 97-82, ET Docket No. 94-32, FCC 97-413, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374, 454-455, � 141 (1998) ("Part
• http://wireless.fcc.gov/auctions/21/releases/da981879.pdf http://wireless.fcc.gov/auctions/21/releases/da981879.txt http://wireless.fcc.gov/auctions/21/releases/da981879.wp
  • Procedural Issues," Public Notice, DA 98- 1616 (rel. August 13, 1998) ("LMS Public Notice"), 63 FR 44456 (August 19, 1998). Section 3002(a), Balanced Budget Act of 1997, Pub. L. 105-33, 111 Stat. 251 (1997) ("Budget Act"); 47 2 U.S.C. � 309(j)(4)(F). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). LMS Public Notice at 2. 3 1 PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION News Media Information: (202) 418-0500 1919 M STREET, N.W. WASHINGTON, D.C. 20554 Fax-On-Demand: (202) 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov DA 98-1879 September 23, 1998 AUCTION OF LOCATION AND MONITORING SERVICE LICENSES Auction Notice and Filing Requirements for 528 Multilateration Licenses Scheduled for December 15, 1998 Minimum Opening
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  • the subsequent net winning bid, or the difference between the gross withdrawn bid and the subsequent gross winning bid, whichever is less. No withdrawal payment is assessed if the subsequent winning bid exceeds the withdrawn bid. This payment amount is deducted from any upfront payments or down payments that the withdrawing bidder has deposited with the Commission. See 47 C.F.R. 1.2104(g)(1). In those cases where the amount of the withdrawal payment cannot yet be determined because there was no subsequent winning bid, the withdrawing bidder is required to make a three (3) percent deposit on the net amount of the withdrawn bid on the license(s). Implementation of Section 309(j) of the Communications Act-Competitive Bidding, PP Docket No. 93-253, Fifth Report and
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  • Eric W. DeSilva, Wiley, Rein & Fielding, re: Minor Amendment to the FCC Form 601 Application of Progeny LMS, LLC for Authorizations in the Location and Monitoring Service, Auction No. 21, File No. 6894 (June 3, 1999). Progeny's FCC Form 601 will continue to list Block A in BEA107, Minneapolis-St. Paul, MN, and BEA164, Sacramento-Yolo, CA. See 47 C.F.R. � 1.2104(g); Tel-Com Wireless Cable TV Corporation, Order, 12 FCC Rcd 6747 (1997); 8 Wireless Telecommunications, Inc., Order, 12 FCC Rcd 6751 (1997) (Video Services Division, Mass Media Bureau, permitted selective default on second down payments, subject to penalties for default). See also Letter to John A. Prendergast, Esq., Counsel for New Wave Networks, L.L.C., Blooston Mordkofsky Jackson & Dickens, from Amy
• http://wireless.fcc.gov/auctions/21/releases/lmsbp_d.pdf
  • no longer remove a bid. However, in the next round, a bidder may withdraw standing high bids from previous rounds using the withdraw bid function (assuming that the bidder has not exhausted its withdrawal allowance). A high bidder that withdraws its standing high bid from a previous round is subject to the bid withdrawal payments specified in 47 C.F.R. �� 1.2104(g), and 1.2109. The procedure for withdrawing a bid and receiving a withdrawal confirmation is essentially the same as the bidding procedure described in "High Bids," page 75 in thisTab. Bidders are limited to placing withdrawals in two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of bids that may be
• http://wireless.fcc.gov/auctions/21/releases/lmsbp_e.pdf
  • submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable bidding credits). See 47 C.F.R. � 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. � 1.2104(g), as discussed in "Bid Removal and Bid Withdrawal," page 76 Tab D. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) B. Long-Form Application Within ten business days after release of the auction closing notice, winning bidders must submit a properly completed long-form application (FCC Form 601) and required exhibits for each
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  • furnished in a pending application. See 47 C.F.R. � 1.65. An applicant that fails to submit the required FCC Form 601 application by 5:30 p.m. ET on May 4, 1999, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in 47 C.F.R. �� 1.2104, 24.704. See 47 C.F.R. � 1.2107(c). Number of Forms To Be Filed Filers applying for multiple licenses are not required to submit a separate application for each market if all filing requirements associated with the application are identical except for the market designator and market name. Under these circumstances, applicants may submit one FCC Form 601 Main Form and Schedule
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  • Rcd. 6688 (1999) ("Auction No. 22 Winning Bidders Public Notice"). 2 C and F Block Broadband PCS Auction Closes; Winning Bidders Announced; Down Payments Due February 12, 2001, FCC Forms 601 and 602 Due February 12, 2001; Ten-Day Petition to Deny Period, Public Notice, 16 FCC Rcd. 2339 (2001) ("Auction No. 35 Winning Bidders Public Notice"). 3 47 C.F.R. � 1.2104(g)(1) (1998). 4 47 C.F.R. � 1.2104(g)(1); Auction No. 22 Winning Bidders' Public Notice, 14 FCC Rcd. 6688 (1999), at Attachment C. This attachment identifies bidders that withdrew bids in Auction No. 22 and states the interim three percent bid withdrawal payment. 5 See 47 C.F.R. � 1.2106(e) (1998); Auction No. 22 Winning Bidders' Public Notice, 14 FCC Rcd. 6688 (1999),
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  • to remit the required down payment within five business days after the Commission had declared competitive bidding closed, the bidder would be deemed in 47 C.F.R. �1.2109(b) (1995). Currently, Section 1.2109(b) allows a winning bidder ten business days after the 8 Commission has declared competitive bidding closed to remit the required down payment. 47 C.F.R. � 1.2109(b). 47 C.F.R. � 1.2104(g)(2) (1995). This provision is essentially the same today. 9 In re C.H. PCS, Inc., Request for Waiver of Section 24.711(a)(2) of the Commission's Rules, Order, 11 FCC Rcd 10 9343 (WTB 1996). C.H. PCS, Inc., BTA No. B347 Frequency Block C, Order, 11 FCC Rcd 22,430 (WTB 1996). 11 Letter from Wireless Telecommunications Bureau, Federal Communications Commission, to Mr. Kenneth
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  • bidders, and other pertinent information. In this Public Notice, we seek comment on procedural issues relating to Auction No. 22. Section 3002(a), Balanced Budget Act of 1997, Pub. L. 105-33, 111 Stat. 251 (1997) ("Budget Act"); 47 U.S.C. 2 � 309(j)(4)(F). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). Amendment of the Commission's Rules Regarding Installment Payment Financing For Personal Communications 3 Services (PCS) Licensees, WT Docket No. 97-82, Second Report and Order and Further Notice of Proposed Rule Making, 12 FCC Rcd 16,436, 16,477 para. 92 ("C Block Second Report and Order" and "C Block Further Notice"). C Block Fourth Report and Order at para. 29.
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  • 1 Issues," Public Notice, DA 98-2318 (rel. November 12, 1998) ("Procedural Public Notice I"); 63 FR 66,172 (December 1, 1998). Section 3002(a), Balanced Budget Act of 1997, Pub. L. 105-33, 111 Stat. 251 (1997) ("Budget Act"); 47 2 U.S.C. � 309(j)(4)(F). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). 1 PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION News Media Information: (202) 418-0500 1919 M STREET, N.W. WASHINGTON, D.C. 20554 Fax-On-Demand: (202) 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov DA 98-2604 December 23, 1998 AUCTION OF C, D, E, AND F BLOCK BROADBAND PCS LICENSES Notice and Filing Requirements for Auction of C, D, E, and F Block Broadband Personal Communications Services Licenses
• http://wireless.fcc.gov/auctions/22/releases/da990528.pdf
  • of High Bidders All Auction Bidders Should Carefully Read and Understand the Following: All high bidders identified in the Public Notice following the close of the auction become obligated, upon release of the Public Notice, to pay the amount of their high bids for each license won in the auction as indicated in the Public Notice and pursuant to Section 1.2104 of the Commission's Rules.8 Pursuant to the Commission's obligations under the Communications Act, the licenses of the high bidder will be held in reserve after the auction pending a determination that the high bidder is qualified to serve as a licensee. In the event a high bidder defaults, or is otherwise found not qualified to be a licensee, it is
• http://wireless.fcc.gov/auctions/22/releases/da990757.pdf http://wireless.fcc.gov/auctions/22/releases/da990757.wp
  • subsequent net winning bid, or the difference between the gross withdrawn bid and the subsequent gross winning bid, whichever is less. No withdrawal payment is assessed if the subsequent winning bid exceeds the withdrawn bid. This payment amount is deducted from any upfront payments or down payments that the withdrawing bidder has deposited with the 4 Commission. See 47 C.F.R. 1.2104(g)(1). In those cases where the amount of the withdrawal payment cannot yet be determined because there was no subsequent winning bid, the withdrawing bidder is required to make a three (3) percent deposit on the net amount of the withdrawn bid on the license(s). Implementation of Section 309(j) of the Communications Act-Competitive Bidding, PP Docket No. 93-253, Fifth Report and
• http://wireless.fcc.gov/auctions/22/releases/da991821.pdf
  • Solutions filed a Notice of Appeal with the U.S. Court of Appeals for the District of Columbia Circuit, which is currently pending.6 3. Mountain Solutions argues that it has standing to file its Petition against ABC Wireless's long-form application because grant of this application will trigger the Commission's default payment rules, causing Mountain Solutions direct economic harm.7 Pursuant to section 1.2104(g)(2) of the Commission's rules, Mountain Solutions is required to pay to the U.S. Government the difference between its winning bids and ABC Wireless's winning bids for the licenses at issue.8 Mountain Solutions argues that by bidding on licenses formerly held by Mountain Solutions, ABC Wireless has triggered this substantial default payment, which would not attach absent a grant of the
• http://wireless.fcc.gov/auctions/22/releases/e990757d.pdf http://wireless.fcc.gov/auctions/22/releases/e990757d.wp
  • furnished in a pending application. See 47 C.F.R. � 1.65. An applicant that fails to submit the required FCC Form 601 application by 5:30 p.m. ET on May 5, 1999, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in 47 C.F.R. �� 1.2104, 24.704. See 47 C.F.R. � 1.2107(c). Number of Forms To Be Filed Filers applying for multiple licenses are not required to submit a separate application for each market if all filing requirements associated with the application are identical except for the market designator and market name. Under these circumstances, applicants may submit one FCC Form 601 Main Form and Schedule
• http://wireless.fcc.gov/auctions/22/releases/fc980176.pdf http://wireless.fcc.gov/auctions/22/releases/fc980176.txt http://wireless.fcc.gov/auctions/22/releases/fc980176.wp
  • Therefore, we will allow "former defaulters," i.e., applicants that have defaulted or been delinquent in the past, but have since paid all of their Federal Communications Commission FCC 98-176 CIRI Comments at 7-9; see 47 C.F.R. � 24.720(l)(11). 71 Part 1 Third Report and Order, 13 FCC Rcd at 392-393 para. 28; 47 C.F.R. � 1.2110(b)(4)(xi). 72 47 C.F.R. � 1.2104. 73 Id. � 1.2105 74 Id. �� 1.2106, 1.2107. 75 Id. � 1.2108. 76 Id. � 1.2109; see C Block Further Notice, 12 FCC Rcd at 16,476 para. 90. 77 See Part 1 Third Report and Order, 13 FCC Rcd at 376 para. 1. 78 12 outstanding non-Internal Revenue Service Federal debts and all associated charges or penalties, to be
• http://wireless.fcc.gov/auctions/22/releases/pcsbipd.pdf
  • bid. However, in the next round, a bidder may withdraw any number of its standing high bids from previous rounds using the withdraw bid function (assuming that the bidder has not exhausted its withdrawal allowance). A high bidder that withdraws its standing high bid from a previous round is subject to the bid withdrawal payments specified in 47 C.F.R. �� 1.2104(g), and 1.2109. The procedure for withdrawing a bid and receiving a withdrawal confirmation is essentially the same as the bidding procedure described in "High Bids," in this Tab. Bidders are limited to placing withdrawals in two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn
• http://wireless.fcc.gov/auctions/22/releases/pcsbipe.pdf
  • submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable bidding credits). See 47 C.F.R. � 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. � 1.2104(g), as discussed in "Bid Removal and Bid Withdrawal," in Tab D. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) B. Long-Form Application Within ten business days after release of the auction closing notice, winning bidders must submit a properly completed long-form application and required exhibits for each license won through Auction
• http://wireless.fcc.gov/auctions/22/releases/pcsbipg.pdf
  • Therefore, we will allow "former defaulters," i.e., applicants that have defaulted or been delinquent in the past, but have since paid all of their Federal Communications Commission FCC 98-176 CIRI Comments at 7-9; see 47 C.F.R. � 24.720(l)(11). 71 Part 1 Third Report and Order, 13 FCC Rcd at 392-393 para. 28; 47 C.F.R. � 1.2110(b)(4)(xi). 72 47 C.F.R. � 1.2104. 73 Id. � 1.2105 74 Id. �� 1.2106, 1.2107. 75 Id. � 1.2108. 76 Id. � 1.2109; see C Block Further Notice, 12 FCC Rcd at 16,476 para. 90. 77 See Part 1 Third Report and Order, 13 FCC Rcd at 376 para. 1. 78 12 outstanding non-Internal Revenue Service Federal debts and all associated charges or penalties, to be
• http://wireless.fcc.gov/auctions/23/releases/da000556.doc http://wireless.fcc.gov/auctions/23/releases/da000556.pdf http://wireless.fcc.gov/auctions/23/releases/da000556.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit d d d d B B d d d d Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of LMDS COMMUNICATIONS, INC. Request for Waiver of Sections 1.2109(a) and (c), 1.2104(g) and 101.1105(b) of the Commission's Rules Regarding BTA117, BTA122, BTA203, BTA215, BTA218, BTA287, BTA317, BTA328, BTA330, BTA335, BTA375 and BTA416 ) ) ) ) ) ) ) ) ) FCC File No. 0000013644 Adopted: March 10, 2000 Released: March 17, 2000 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: INTRODUCTION AND BACKGROUND This Order addresses a
• http://wireless.fcc.gov/auctions/23/releases/da982266.pdf http://wireless.fcc.gov/auctions/23/releases/da982266.txt http://wireless.fcc.gov/auctions/23/releases/da982266.wp
  • Form 175) March 29, 1999; 5:30 p.m. ET ! Upfront Payments (via wire transfer) April 12, 1998; 6:00 p.m. ET Section 3002(a), Balanced Budget Act of 1997, Pub. L. 105-33, 111 Stat. 251 (1997) ("Budget Act"); 47 U.S.C. � 6 309(j)(4)(F). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Allocation of Spectrum Below 7 5 GHz Transferred from Federal Government Use, 4660-4685 MHz, WT Docket No. 97-82, ET Docket No. 94-32, FCC 97-413, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374, 454-455, � 141 (1998) ("Part
• http://wireless.fcc.gov/auctions/23/releases/da990266.pdf http://wireless.fcc.gov/auctions/23/releases/da990266.txt http://wireless.fcc.gov/auctions/23/releases/da990266.wp
  • and Other Auction Procedures," Public Notice, DA 98-2266 (rel. November 6, 1998) ("LMDS Public Notice"), 63 FR 64502-01 (November 20, 1998). Section 3002(a), Balanced Budget Act of 1997, Pub. L. 105-33, 111 Stat. 251 (1997) ("Budget Act"); 47 U.S.C. � 309(j)(4)(F). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). 1 PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION News Media Information: (202) 418-0500 1919 M STREET, N.W. WASHINGTON, D.C. 20554 Fax-On-Demand: (202) 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov DA 99-266 January 29, 1999 AUCTION OF LOCAL MULTIPOINT DISTRIBUTION SERVICE SPECTRUM Auction Notice and Filing Requirements for 168 Local Multipoint Distribution Service Licenses Scheduled for April 27, 1999 Minimum Opening Bids and Other
• http://wireless.fcc.gov/auctions/23/releases/da990690.pdf
  • on two licenses (in Markets B372 and B392) and receive an unconditional grant of the remaining four licenses (in Markets B038, B144, B254, and B371) for which New Wave claims it has made timely and complete payment. 11 Under the Commission's Rules, a winning bidder that defaults after having made the See 47 C.F.R. � 1.2109(c), � 24.704, and � 1.2104(g)(2). 12 47 C.F.R. � 24.704. 13 Id. 14 47 C.F.R � 1.2106. See also Letter from Michele C. Farquhar, Chief, Wireless Telecommunications Bureau, 15 to Kenneth Hobbs, C.H. PCS, Inc., DA 97-260 (rel. February 4, 1997) and "Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules; Bureau to Re-Auction Licenses Quickly," Public Notice, DA 96-481, 11 FCC Rcd 10853 (1996).
• http://wireless.fcc.gov/auctions/23/releases/da990927.pdf
  • the subsequent net winning bid, or the difference between the gross withdrawn bid and the subsequent gross winning bid, whichever is less. No withdrawal payment is assessed if the subsequent winning bid exceeds the withdrawn bid. This payment amount is deducted from any upfront payments or down payments that the withdrawing bidder has deposited with the Commission. See 47 C.F.R. �1.2104(g)(1). In those cases where the amount of the withdrawal payment cannot yet be determined because there was no subsequent winning bid, the withdrawing bidder is required to make a three (3) percent deposit on the net amount of the withdrawn bid on the license(s).4 When it becomes possible to calculate and assess the payment, we will notify these bidders. As
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission DA 99-1726 47 C.F.R. � 1.2104(g). 1 Request for Waiver of Section 1.2104(g) for Grand Connectivity L.L.C., High Bidder in LMDS Auction No. 23 2 (filed June 14, 1999) ("Waiver Request"). Letter to Gail Glasser, Office of Managing Director, Federal Communications Commission, from Suzanne S. 3 Goodwyn, Pepper & Corazzini, LLP, Counsel for Grand Connectivity, L.L.C. (dated June 18, 1999) ("Supplementary Request"). Grand Connectivity requests an
• http://wireless.fcc.gov/auctions/24/releases/da011995.doc http://wireless.fcc.gov/auctions/24/releases/da011995.pdf http://wireless.fcc.gov/auctions/24/releases/da011995.txt
  • $150,000.00 upfront payment. The Commission has not held a subsequent auction for these licenses. On October 7, 1999, Auction Group submitted a letter requesting a refund of its $2,937.00 interim bid withdrawal payment. In its request, Auction Group contends that the Commission's rules do not permit the retention of a three-percent interim bid withdrawal payment. Auction Group argues that Section 1.2104(g), the bid withdrawal rule, simply provides that the withdrawing bidder must pay the difference between the withdrawn bid and the subsequent winning bid and does not provide for a three-percent interim bid withdrawal payment. Accordingly, Auction Group requests a refund of its $2,937.00 interim bid withdrawal payment. Discussion. Under the Commission's rules, a bidder who withdraws a high bid during
• http://wireless.fcc.gov/auctions/24/releases/da020953.pdf http://wireless.fcc.gov/auctions/24/releases/da020953.txt
  • the subsequent winning bid.4 If a high bid is withdrawn on a license that remains unsold at the close of the auction, the withdrawing bidder will be required to make an interim 1 Auction Group also withdrew a net high bid of $193,700.00 on license EAG003-F, which subsequently was sold in the same auction for $176,150.00. Accordingly, pursuant to section 1.2104(g) of the Commission's rules, a $17,550.00 final bid withdrawal payment for license EAG003-F (the difference between Auction Group's withdrawn net high bid and its subsequent winning bid, $193,700.00 � 176,150.00 = $17,550.00) was deducted from Auction Group's deposits with the Commission. Phase II 220 MHz Service Spectrum Auction Closes, Public Notice, 14 FCC Rcd 11,218, 11,238-39 at Attachments B and
• http://wireless.fcc.gov/auctions/24/releases/da982386.pdf http://wireless.fcc.gov/auctions/24/releases/da982386.txt http://wireless.fcc.gov/auctions/24/releases/da982386.wp
  • bidders, and other pertinent information. In this Public Notice, we seek comment on procedural issues relating to Auction No. 24. Section 3002(a), Balanced Budget Act of 1997, Pub. L. 105-33, 111 Stat. 251 (1997) ("Budget Act"); 47 U.S.C. � 2 309(j)(4)(F). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Allocation of Spectrum Below 3 5 GHz Transferred from Federal Government Use, 4660-4685 MHz, WT Docket No. 97-82, ET Docket No. 94-32, FCC 97-413, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374, 454-455, � 141 (1998) ("Part
• http://wireless.fcc.gov/auctions/24/releases/da990474.pdf http://wireless.fcc.gov/auctions/24/releases/da990474.txt http://wireless.fcc.gov/auctions/24/releases/da990474.wp
  • Bids and Other Auction Procedures, Public Notice, DA 98- 2386 (released November 24, 1998) ("Phase II 220 MHz Public Notice"). Section 3002(a), Balanced Budget Act of 1997, Pub. L. 105-33, 111 Stat. 251 (1997) ("Budget Act"); 47 2 U.S.C. � 309(j)(4)(F). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Phase II 220 MHz Public Notice at 3-9. 3 See Letter to Thomas J. Sugrue, Chief, Wireless Telecommunications Bureau, Federal Communications 4 Commission, from Richard S. Myers, counsel to Petroleum Communications, Inc., dated January 21, 1999 ("PetroCom ex parte letter"). 1 PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th Street, SW WASHINGTON, DC 20554 News Media Information: (202)
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  • their FCC Form 175. Questions concerning the calculation and submission of down payments should be directed to Gail Glasser at 202-418-1995. Withdrawal, default and disqualification payments. The Commission imposes payments on bidders that withdraw high bids during the course of an auction, or that default on payments due after an auction closes, or that are disqualified. See 47 C.F.R. �� 1.2104(g), 1.2109(c), 90.007, 90.1015. 1. Bid Withdrawal Payments. A bidder (Bidder X) that withdraws a high bid during the course of an auction is subject to a bid withdrawal payment equal to the difference between the amount withdrawn and the amount of the subsequent winning bid. If a high bid is withdrawn on a license that remains unsold at the close
• http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.pdf http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.wp
  • and/or combinations of licenses. (c) The Commission may use single combined auctions, which combine bidding for two or more substitutable licenses and award licenses to the highest bidders until the available licenses are exhausted. This technique may be used in conjunction with any type of auction. (d) The Commission may use real time bidding in all electronic auction designs. � 1.2104 Competitive bidding mechanisms. (a) Sequencing. The Commission will establish the sequence in which multiple licenses will be auctioned. (b) Grouping. In the event the Commission uses either a simultaneous multiple round competitive bidding design or combinatorial bidding, the Commission will determine which licenses will be auctioned simultaneously or in combination. (c) Reservation Price. The Commission may establish a reservation price,
• http://wireless.fcc.gov/auctions/25/releases/da000548.doc http://wireless.fcc.gov/auctions/25/releases/da000548.pdf http://wireless.fcc.gov/auctions/25/releases/da000548.txt
  • listed in Attachment A who fails to pay the balance of the winning bid(s) by the late payment deadline of April 7, 2000, will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicants will be assessed default payments as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Mass Media Bureau will announce the grant of those construction permits for which the Commission has received the timely final payment of the winning bid amount(s). Individual facility authorizations will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction 25 will be dismissed following grant
• http://wireless.fcc.gov/auctions/25/releases/da000763.doc http://wireless.fcc.gov/auctions/25/releases/da000763.pdf http://wireless.fcc.gov/auctions/25/releases/da000763.txt
  • listed in Attachment A who fails to pay the balance of the winning bid(s) by the late payment deadline of May 4, 2000, will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicants will be assessed default payments as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Mass Media Bureau will announce the grant of those construction permits for which the Commission has received the timely final payment of the winning bid amount(s). Individual facility authorizations will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction 25 will be dismissed following grant
• http://wireless.fcc.gov/auctions/25/releases/da001084.doc http://wireless.fcc.gov/auctions/25/releases/da001084.pdf http://wireless.fcc.gov/auctions/25/releases/da001084.txt
  • listed in Attachment A who fails to pay the balance of the winning bid(s) by the late payment deadline of June 15, 2000, will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicants will be assessed default payments as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Mass Media Bureau will announce the grant of those construction permits for which the Commission has received the timely final payment of the winning bid amount(s). Individual facility authorizations will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction 25 will be dismissed following grant
• http://wireless.fcc.gov/auctions/25/releases/da010637.doc http://wireless.fcc.gov/auctions/25/releases/da010637.pdf http://wireless.fcc.gov/auctions/25/releases/da010637.txt
  • listed in Attachment A who fails to pay the balance of the winning bid(s) by the late payment deadline of April 9, 2001, will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicants will be assessed default payments as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Mass Media Bureau will announce the grant of those construction permits for which the Commission has received the timely final payment of the winning bid amount(s). Individual facility authorizations will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction 25 will be dismissed following grant
• http://wireless.fcc.gov/auctions/25/releases/da011347.doc http://wireless.fcc.gov/auctions/25/releases/da011347.pdf http://wireless.fcc.gov/auctions/25/releases/da011347.txt
  • Liberty fails to pay the balance of its winning bid by the late payment deadline of June 25, 2001, it will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules; it will in that event be assessed a default payment as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By subsequent Public Notice, upon the Commission's timely receipt of the final payment of the winning bid amount and Liberty's compliance with all applicable payment procedures, the Mass Media Bureau will announce the grant of the construction permit to Liberty. Its facility authorization will be issued shortly thereafter. The dismissal of the applications of the unsuccessful competing
• http://wireless.fcc.gov/auctions/25/releases/da011451.doc http://wireless.fcc.gov/auctions/25/releases/da011451.pdf http://wireless.fcc.gov/auctions/25/releases/da011451.txt
  • listed in Attachment A who fails to pay the balance of the winning bid by the late payment deadline of July 18, 2001, will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicants will be assessed default payments as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Mass Media Bureau will announce the grant of the construction permit for which the Commission has received the timely final payment of the winning bid amount. An individual facility authorization will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction 25 will be dismissed following
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  • has directed the Bureaus to seek 7 comment on the use of minimum opening bids and/or reserve prices prior to the start of each broadcast auction. This is consistent with the policy applied in earlier spectrum auctions and is 8 The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. 9 � 1.2104(c) and (d). Broadcast First Report and Order, 13 FCC Rcd at 15967, � 127. 10 See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening Bids or Reserve Prices, DA 11 97-2147, Order, 12 FCC Rcd 16354 (1997); see also, Broadcast First Report and Order, 13 FCC Rcd at 15971, � 134. 4 pursuant to the Commission's
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  • 175. Questions concerning the calculation and submission of down payments should be directed to Michelle Bennett or Gail Glasser at 202-418-1995. Withdrawal, default and disqualification payments. The Commission imposes payments on bidders that withdraw high bids during the course of an auction, or that default on payments due after an auction closes, or that are disqualified. See 47 C.F.R. �� 1.2104(g), 1.2109(c), 73.5004(a). In Auction No. 25, there were no bid withdrawals during the course of the auction. Bid Default/Disqualification Payments. If a high bidder defaults or is disqualified after the close of the auction, it will be subject to the following payment obligations: 1) the difference between the high bid and the amount of the winning bid the next time
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  • at its disposal to discourage unqualified applicants from participating in the auction process. For example, prospective bidders should be aware that a winning bidder whose long-form application cannot ultimately be granted for either legal or technical reasons may be subject to default payments under the Commission's general competitive bidding rules. See infra � 161. See also 47 168 C.F.R. �� 1.2104(g)(2); 1.2107(b); 1.2109. Our general competitive bidding rules also provide that if a winning bidder is found unqualified to be a licensee, the Commission may either reauction the license to existing or new applicants, or offer it to the other highest bidders in descending order at their final bids. See 47 C.F.R. � 1.2109(c). These provisions establish strong incentives for potential
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  • to deny a specific application. These allegations, as well as any purportedly responsive material submitted by KM Communications in its November 12, 1998 Opposition, have not been considered here. For this reason, we also decline KM Communications' request that we impose sanctions against Bechtel & Cole for the filing of an allegedly scandalous and unsupported pleading. See 47 C.F.R. � 1.2104(g) (providing for penalties in the case of default or disqualification after the close of the 18 auction). See also 47 C.F.R. � 1.2111(a) (prescribing special disclosure requirements in the event of a transfer or assignment of a license held by auction winner within three years of the receipt of the license); First Report and Order, 13 FCC Rcd at 15992.
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  • furnished in a pending application. See 47 C.F.R. � 1.65. An applicant that fails to submit the required FCC Form 601 application by 5:30 p.m. ET on March 20, 2000, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in 47 C.F.R. �� 1.2104, 22.213. See 47 C.F.R. � 1.2107(c). Number of Forms To Be Filed. Filers applying for multiple licenses are not required to submit a separate application for each market if all filing requirements associated with the application are identical except for the market designator and market name. Under these circumstances, applicants may submit one FCC Form 601 Main Form and Schedule
• http://wireless.fcc.gov/auctions/26/releases/da000508.doc http://wireless.fcc.gov/auctions/26/releases/da000508.pdf http://wireless.fcc.gov/auctions/26/releases/da000508.txt
  • bidders in Auction No. 26 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids, if applicable. If a bidder's upfront payment is not sufficient to meet both of these requirements, the bidder must deposit additional funds. See 47 C.F.R. �� 1.2107(b), 1.2104(g). The amount now due from each bidder, if any, is set out in the last column of Attachment B. Note that only if a bidder's upfront payment covers the required total of down payments and withdrawn bid payments (as reflected in Attachment B) is no payment or FCC Form 159 necessary at this time. Each bidder's down payment must be
• http://wireless.fcc.gov/auctions/26/releases/da012480.pdf http://wireless.fcc.gov/auctions/26/releases/da012480.txt
  • Commission's rules provide that a "winning bidder who is found unqualified to be a licensee or defaults or is disqualified for any reason after having made the required down payment, will be deemed to have defaulted," and will be liable for certain default payment obligations.12 As a result, Trompex now is subject to the default payment provisions specified in section 1.2104(g)(2) of the Commission's rules.13 Specifically, Trompex is liable for a default payment equal to 4 See Form 601, dated March 20, 2000, filed by Supra. 5 See id. Supra did not file a Petition for Declaratory Ruling for approval of its foreign ownership percentage in excess of the 25% restrictions contained in 47 U.S.C. � 310(b)(4). 6 Due to the
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  • Company, et al. v. Federal Communications Commission, 220 F.3d 601 (D.C. Cir. 2000), petition for rehearing denied (Oct. 25, 2001) (concluding that the Commission's obligation to avoid mutual exclusivity under Section 309(j)(6)(E) did not foreclose adoption of a new licensing scheme that could result in the filing of mutually exclusive applications). 19 47 U.S.C. � 309(j)(3). 20 47 C.F.R. � 1.2104(g)(2). Mr. Carl W. Northrop December 21, 2001 Page 4 4 Accordingly, on the basis of the record before us, we are not persuaded that Vodafone has demonstrated circumstances to justify the grant of its Request. This action is taken under the delegated authority pursuant to Section 0.331 of the Commission's rules.21 Sincerely, Margaret Wiener Chief, Auctions and Industry Analysis Division
• http://wireless.fcc.gov/auctions/26/releases/da991103.doc http://wireless.fcc.gov/auctions/26/releases/da991103.pdf http://wireless.fcc.gov/auctions/26/releases/da991103.txt
  • Reconsideration and Third Report and Order, FCC 99-98 (rel. May 24, 1999). ("Reconsideration Order"). See Reconsideration Order, FCC 99-98, �� 16-21. Section 3002(a), Balanced Budget Act of 1997, Pub. L. 105-33, 111 Stat. 251 (1997) ("Budget Act"); 47 U.S.C. � 309(j)(4)(F). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use, 4660-4685 MHz, WT Docket No. 97-82, ET Docket No. 94-32, FCC 97-413, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374, 454-455, � 141 (1998) ("Part 1
• http://wireless.fcc.gov/auctions/26/releases/da991591.doc http://wireless.fcc.gov/auctions/26/releases/da991591.pdf http://wireless.fcc.gov/auctions/26/releases/da991591.txt
  • Bureau will therefore limit the number of rounds in which bidders may place withdrawals to two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn in either of these rounds. Withdrawals will still be subject to the bid withdrawal payments specified in 47 C.F.R. �� 1.2104(g), and 1.2109. Bidders should note that abuse of the Commission's bid withdrawal procedures could result in the denial of the ability to bid on a market. If a high bid is withdrawn, the license will be offered in the next round at the second highest bid price, which may be less than, or equal to, in the case of tie
• http://wireless.fcc.gov/auctions/26/releases/fc970059.pdf http://wireless.fcc.gov/auctions/26/releases/fc970059.txt http://wireless.fcc.gov/auctions/26/releases/fc970059.wp
  • withdrawn a bid or defaulted, but the amount of the withdrawal or default payment cannot yet be Federal Communications Commission FCC 97-59 See Competitive Bidding Fifth Report and Order, 9 FCC Rcd at 5563 and 5564, � 73, n.51, and � 76; Competitive 336 Bidding Second Report and Order, 9 FCC Rcd at 2382-2383, � 197. See 47 C.F.R. � 1.2104(g). 337 See infra paragraph 187 regarding payment deadlines for small businesses. 338 Notice, 11 FCC Rcd at 3130, � 107. 339 AirTouch Comments at 45; PCIA Comments at 29. 340 A+ Communications Comments at 10. 341 Ameritel Comments at 19. 342 64 determined, the bidder will be required to make a deposit of up to 20 percent on the amount
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  • speculation. Specifically, PageNet reiterates its suggestion that bidding close on any license for which new bids were not received after five rounds. PageNet Petition at 14-15. See supra notes 305 and 307 and accompanying text. 313 See Part 1 Third Report and Order and Second Further Notice, 13 FCC Rcd at 376, � 1 (1998). 314 See 47 C.F.R. � 1.2104(e) ("The Commission may establish stopping rules before or during multiple round 315 auctions in order to terminate auctions within a reasonable time"). See Second Report and Order and Further Notice, 12 FCC Rcd at 2786, � 106. 316 50 approach "balances concerns about the time to complete the paging auction and the benefits of preserving back-up strategies which give bidders
• http://wireless.fcc.gov/auctions/26/releases/pagebp_d.pdf
  • no longer remove a bid. However, in the next round, a bidder may withdraw standing high bids from previous rounds using the withdraw bid function (assuming that the bidder has not exhausted its withdrawal allowance). A high bidder that withdraws its standing high bid from a previous round is subject to the bid withdrawal payments specified in 47 C.F.R. �� 1.2104(g), and 1.2109. The procedure for withdrawing a bid and receiving a withdrawal confirmation is essentially the same as the bidding procedure described in "High Bids," in this Tab. Bidders are limited to placing withdrawals in two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn
• http://wireless.fcc.gov/auctions/26/releases/pagebp_g.pdf
  • available to each bidder. � 22.207 Withdrawal, default, and disqualification payments. The FCC will impose payments on bidders who withdraw high bids during the course of an auction, who default on payments due after an auction terminates, or who are disqualified. When the FCC conducts a simultaneous 16 multiple round auction, payments will be calculated as set forth in �� 1.2104(g) and 1.2109 of this chapter. When the amount of such a payment cannot be determined, a deposit of up to 20 percent of the amount bid on the license will be required. � 22.211 Submission of upfront payments and down payments. (a) The FCC will require applicants to submit an upfront payment prior to the start of a paging auction.
• http://wireless.fcc.gov/auctions/27/releases/da992154.doc http://wireless.fcc.gov/auctions/27/releases/da992154.pdf http://wireless.fcc.gov/auctions/27/releases/da992154.txt
  • Questions concerning the calculation and submission of the down payment should be directed to Michelle Bennett or Gail Glasser at 202-418-1995. Withdrawal, default and disqualification payments. The Commission imposes payments on bidders that withdraw high bids during the course of an auction, or that default on payments due after an auction closes, or that are disqualified. See 47 C.F.R. �� 1.2104(g), 1.2109(c), 73.5004(a). In Auction No. 27, there were no bid withdrawals during the course of the auction. Bid Default/Disqualification Payments. If a high bidder defaults or is disqualified after the close of the auction, it will be subject to the following payment obligations: 1) the difference between the high bid and the amount of the winning bid the next time
• http://wireless.fcc.gov/auctions/28/releases/da000690.doc http://wireless.fcc.gov/auctions/28/releases/da000690.pdf http://wireless.fcc.gov/auctions/28/releases/da000690.txt
  • 175. Questions concerning the calculation and submission of down payments should be directed to Michelle Bennett or Gail Glasser at 202-418-1995. Withdrawal, default and disqualification payments. The Commission imposes payments on bidders that withdraw high bids during the course of an auction, or that default on payments due after an auction closes, or that are disqualified. See 47 C.F.R. �� 1.2104(g), 1.2109(c), 73.5004(a). In Auction No. 28, there were no bid withdrawals during the course of the auction. Bid Default/Disqualification Payments. If a high bidder defaults or is disqualified after the close of the auction, it will be subject to the following payment obligations: 1) the difference between the high bid and the amount of the winning bid the next time
• http://wireless.fcc.gov/auctions/28/releases/da992594.doc http://wireless.fcc.gov/auctions/28/releases/da992594.pdf http://wireless.fcc.gov/auctions/28/releases/da992594.txt
  • FCC 99-74, rel. April 20, 1999 ("Broadcast Reconsideration Order") . See Broadcast First Report and Order at �� 81, 105-109. Section 3002(a), Balanced Budget Act of 1997, Pub. L. 105-33, 111 Stat. 251 (1997) ("Balanced Budget Act"); 47 U.S.C. � 309(j)(4)(F). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use, 4660-4685 MHz, WT Docket No. 97-82, ET Docket No. 94-32, FCC 97-413, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374, 454-455, � 141 (1998) ("Part 1
• http://wireless.fcc.gov/auctions/28/releases/da992958.doc http://wireless.fcc.gov/auctions/28/releases/da992958.pdf http://wireless.fcc.gov/auctions/28/releases/da992958.txt
  • may no longer remove a bid. However, in the next round, a bidder may withdraw standing high bids from previous rounds using the "withdraw bid" function (assuming that the bidder has not exhausted its withdrawal allowance). A high bidder that withdraws its standing high bid from a previous round is subject to the bid withdrawal payments specified in 47 C.F.R. ��1.2104(g) and 1.2109. In previous auctions, we have detected bidder conduct that, arguably, may have constituted strategic bidding through the use of bid withdrawals. While we continue to recognize the important role that bid withdrawals play in an auction, i.e., reducing risk associated with efforts to secure various construction permits in combination, we conclude that, for Auction No. 28, adoption of
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  • at its disposal to discourage unqualified applicants from participating in the auction process. For example, prospective bidders should be aware that a winning bidder whose long-form application cannot ultimately be granted for either legal or technical reasons may be subject to default payments under the Commission's general competitive bidding rules. See infra � 161. See also 47 168 C.F.R. �� 1.2104(g)(2); 1.2107(b); 1.2109. Our general competitive bidding rules also provide that if a winning bidder is found unqualified to be a licensee, the Commission may either reauction the license to existing or new applicants, or offer it to the other highest bidders in descending order at their final bids. See 47 C.F.R. � 1.2109(c). These provisions establish strong incentives for potential
• http://wireless.fcc.gov/auctions/28/releases/fc990074.pdf http://wireless.fcc.gov/auctions/28/releases/fc990074.txt http://wireless.fcc.gov/auctions/28/releases/fc990074.wp
  • to deny a specific application. These allegations, as well as any purportedly responsive material submitted by KM Communications in its November 12, 1998 Opposition, have not been considered here. For this reason, we also decline KM Communications' request that we impose sanctions against Bechtel & Cole for the filing of an allegedly scandalous and unsupported pleading. See 47 C.F.R. � 1.2104(g) (providing for penalties in the case of default or disqualification after the close of the 18 auction). See also 47 C.F.R. � 1.2111(a) (prescribing special disclosure requirements in the event of a transfer or assignment of a license held by auction winner within three years of the receipt of the license); First Report and Order, 13 FCC Rcd at 15992.
• http://wireless.fcc.gov/auctions/30/releases/d001035d.doc http://wireless.fcc.gov/auctions/30/releases/d001035d.txt
  • furnished in a pending application. See 47 C.F.R. � 1.65. An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on May 24, 2000, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in 47 C.F.R. � 1.2104. See 47 C.F.R. � 1.2107(c). Number of Forms To Be Filed. Filers applying for multiple licenses are not required to submit a separate application for each market if all filing requirements associated with the application are identical except for the market designator and market name. Under these circumstances, applicants may submit one FCC Form 601 Main Form and Schedule B.
• http://wireless.fcc.gov/auctions/30/releases/da000112.doc http://wireless.fcc.gov/auctions/30/releases/da000112.pdf http://wireless.fcc.gov/auctions/30/releases/da000112.txt
  • limit the number of rounds in which bidders may place withdrawals to two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn in either of these rounds. Withdrawals during the auction will still be subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Bidders should note that abuse of the Commission's bid withdrawal procedures could result in the denial of the ability to bid on a market. If a high bid is withdrawn, the license will be offered in the next round at the second highest bid price, which may be less than, or equal to, in the case of tie bids, the
• http://wireless.fcc.gov/auctions/30/releases/da001035.doc http://wireless.fcc.gov/auctions/30/releases/da001035.pdf http://wireless.fcc.gov/auctions/30/releases/da001035.txt
  • bidders in Auction No. 30 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids, if applicable. If a bidder's upfront payment is not sufficient to meet both of these requirements, the bidder must deposit additional funds. See 47 C.F.R. �� 1.2107(b), 1.2104(g). The amount now due from each bidder, if any, is set out in the last column of Attachment B. Note that a payment and FCC Form 159 are necessary only if a bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each bidder's down payment must be a
• http://wireless.fcc.gov/auctions/30/releases/da992624.doc http://wireless.fcc.gov/auctions/30/releases/da992624.pdf http://wireless.fcc.gov/auctions/30/releases/da992624.txt
  • See Report and Order and Second NPRM, 12 FCC Rcd at 18648-49, � 106. See Part 1 Order, Memorandum Opinion and Order, and Notice of Proposed Rule Making, 12 FCC Rcd at 5697-98, � 16 (1997). See Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141 (1998). Id. See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening Bids or Reserve Prices, DA 97-2147, Order, 12 FCC Rcd 16354 (1997); Auction of the Phase II 220 MHz Service Licenses, Auction Notice and Filing Requirements for 908 Licenses
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  • time.223 Milliwave Comments at 10, n.21. 224 DCT Comments at 18. 225 See Competitive Bidding Fourth Memorandum Opinion and Order, 9 FCC Rcd at 6861. 226 A proactive waiver is a waiver submitted by a bidder during the bid submission period and acts as a bid for purposes of keeping the auction open. 52 118. Discussion. In accordance with Section 1.2104 of the Commission's Rules and the guidelines we adopted in the Competitive Bidding Second Report and Order, we will employ the Milgrom-Wilson activity rule for the 39 GHz auction. Milliwave supports adoption of this rule. DCT appears to argue that the activity rule 224 adds an incentive for bidders to apply for areas they do not intend to serve. No
• http://wireless.fcc.gov/auctions/31/releases/da000043.doc http://wireless.fcc.gov/auctions/31/releases/da000043.pdf http://wireless.fcc.gov/auctions/31/releases/da000043.txt
  • cancellation. Id. at � 125. See 700 MHz First Report and Order at �� 31, 39. See Part 1 Order, 12 FCC Rcd at 5697-98, � 16 (1997). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2378-79, �� 171-176 (1994). See 47 C.F.R. � 1.2104(i). See Balanced Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141 (1998). See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening Bids or Reserve Prices,
• http://wireless.fcc.gov/auctions/31/releases/da000292.doc http://wireless.fcc.gov/auctions/31/releases/da000292.pdf http://wireless.fcc.gov/auctions/31/releases/da000292.txt
  • limit the number of rounds in which bidders may place withdrawals to two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn in either of these rounds. Withdrawals during the auction will still be subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Bidders should note that abuse of the Commission's bid withdrawal procedures could result in the denial of the ability to bid on a market. If a high bid is withdrawn, the license will be offered in the next round at the second highest bid price, which may be less than, or equal to, in the case of tie bids, the
• 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
  • 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) (``Auction No. 31 Procedures Public Notice''). Auction No. 31 Procedures Public Notice, 15 FCC Rcd at 2952-56. Auction No. 31 Procedures Public Notice. 47 C.F.R. � 1.2105(c). See 47 C.F.R. � 1.2104. We note that the Commission sought comment on whether to apply or modify the Part 1, Subpart Q general competitive bidding procedures for the auction of licenses in these bands. See 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, Notice of Proposed Rulemaking at � 83,
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  • any new bids on the license or package during the auction. See Auction No. 31 Package Bidding Comment Public Notice at 8. Verizon Comments at 10. SBC/BellSouth Comments, Harstad attachment at 41-42. Id. Auction No. 31 Package Bidding Comment Public Notice at 10. SBC/BellSouth Reply Comments at 7-8. SBC/BellSouth Comments at 4-5; Pekec/Rothkopf Comments at �11. See 47 C.F.R. � 1.2104(i). See Auction No. 31 Procedures Public Notice at 27, 15 FCC Rcd at 2947. Spectrum Exchange Comments at 8. Plott/Salmon Comments at 3-4. See Auction No. 31 Procedures Public Notice at 27-29, 15 FCC Rcd at 2947-49. Pekec/Rothkopf Comments at � 7. See DeMartini, Christine, Anthony M. Kwasnica, John O. Ledyard, and David Porter, ``A New and Improved Design for
• http://wireless.fcc.gov/auctions/31/releases/da020260.pdf http://wireless.fcc.gov/auctions/31/releases/da020260.txt
  • See Auction No. 31 Package Bidding Procedures Public Notice, 15 FCC Rcd at 11,550-51. Accordingly, the divisor for determining the average dollar per bidding unit includes all the bidding units in the auction, as described above. 14 See 47 U.S.C. �309(j)(4)(F). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). 15 See Amendment of Part 1 of the Commission's Rules � Competitive Bidding Procedures; Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use, 4660�4685 MHz, WT Docket No. 97-82, ET Docket No. 94-32, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374, 455-456 �141 (1997) ("Part 1 Third Report
• http://wireless.fcc.gov/auctions/31/releases/da020659.pdf http://wireless.fcc.gov/auctions/31/releases/da020659.txt
  • Commission's standard Part 1 rules governing defaults will apply in Auction No. 31, e.g., section 1.2109, which gives the Commission discretion to either reauction a license or offer it to other highest bidders. See 47 C.F.R. �27.501(a) (except as otherwise provided, Part 1 rules apply to defaults); 47 C.F.R. � 1.2109(b). 161 47 C.F.R. � 27.501(b). 162 47 C.F.R. � 1.2104(g)(2). - 45 - sets the additional payment at twenty-five percent (25%) of the lesser of the subsequent winning bid and the defaulted bid. The deficiency portion will make up any loss to the Commission that results when defaulted bid(s) are replaced by subsequent winning bid(s). If the subsequent winning bid(s) exceed the defaulted bid(s), no deficiency portion will be assessed.
• http://wireless.fcc.gov/auctions/31/releases/da020857.pdf http://wireless.fcc.gov/auctions/31/releases/da020857.txt
  • a better understanding of then-new combinatorial bidding mechanisms. The Commission acceded to the request, and granted a postponement that has lasted almost two years.2 In that interval, the Commission has sought to alleviate those uncertainties within its 1 47 C.F.R. �� 0.139(c), 0.331 (delegating authority to Bureau for matters related to auction procedures and timing). See also 47 C.F.R. � 1.2104(i) (addressing grounds for delay, suspension, or cancellation of an auction). 2 See "Auction of Licenses in the 747-762 and 777-792 MHz Bands Postponed Until March 6, 2001," Public Notice, WT Docket No. 99-168, FCC 00-282 (rel. July 31, 2000); Cellular Telecommunications Industry Association et al.'s Request for Delay of the Auction of Licenses in the 747-762 and 777-792 MHz Bands
• http://wireless.fcc.gov/auctions/31/releases/fc000005.doc http://wireless.fcc.gov/auctions/31/releases/fc000005.pdf http://wireless.fcc.gov/auctions/31/releases/fc000005.txt
  • 47 U.S.C. � 337(f)(1). AirTouch Comments at 30-31. KM Comments at 3; MSTV Comments at 9-10. APCO Comments at 6; Southern Comments at 4n.8, 8. See Section I, supra. See 47 C.F.R. � 1.2105(a)(2)(viii); 47 C.F.R. � 1.2105(c). See 47 C.F.R. � 27.502(a). See Part 1 Third Report and Order, 13 FCC Rcd 374, 447-49, paras. 124-25. 47 C.F.R. � 1.2104(g). We adopted a similar rule for the General Wireless Communications Service. See Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use, ET Docket No. 94-32, Second Report and Order, 11 FCC Rcd 624, 652-53, paras. 71-73 (1995). See NPRM at para. 83. Id. Id. The most recent comprehensive order in this proceeding was the Third Report and Order
• http://wireless.fcc.gov/auctions/31/releases/fc000224.doc http://wireless.fcc.gov/auctions/31/releases/fc000224.pdf http://wireless.fcc.gov/auctions/31/releases/fc000224.txt
  • 1 of the Commission's Rules - Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making, 12 FCC Rcd 5686, 5697-98 (para. 16) (1997). For instance, we note that in the Package Bidding Comment PN, the Bureau sought comment on modifications to the general competitive bidding default payment rule, 47 C.F.R. � 1.2104(g)(2). See 700 MHz First Report and Order, 15 FCC Rcd at 529-30 (para. 133). See 47 C.F.R. � 1.2110(e)(2)(iii) and � 1.2110(e)(2)(ii), respectively. We noted that the consortium must observe the Commission's Rules, including Section 1.2105(a), which requires that consortium applicants identify all consortium members and any agreements relating to the post-auction market structure, and the anti-collusion provisions of Section
• http://wireless.fcc.gov/auctions/31/releases/fc000330.doc http://wireless.fcc.gov/auctions/31/releases/fc000330.pdf http://wireless.fcc.gov/auctions/31/releases/fc000330.txt
  • 309, 332, 336, and 337 unless otherwise noted. 2. Section 27.501 is amended by adding a note to read as follows: Note: For auctions of licenses in the 747-762 and 777-792 MHz Bands using a package bidding design, the payments imposed on bidders who default on payments due after an auction closes or who are disqualified, set forth in Section 1.2104(g) of the Commission's Rules, shall be calculated as follows. The default payment consists of a deficiency portion and an additional payment. The additional payment shall be 25 percent of the subsequent winning bid(s) or the defaulting bids, whichever is less. In the case that either the subsequent winning bid(s) or the defaulting bid(s) is subject to bidding credits, the additional
• http://wireless.fcc.gov/auctions/32/releases/fc990074.pdf http://wireless.fcc.gov/auctions/32/releases/fc990074.txt http://wireless.fcc.gov/auctions/32/releases/fc990074.wp
  • to deny a specific application. These allegations, as well as any purportedly responsive material submitted by KM Communications in its November 12, 1998 Opposition, have not been considered here. For this reason, we also decline KM Communications' request that we impose sanctions against Bechtel & Cole for the filing of an allegedly scandalous and unsupported pleading. See 47 C.F.R. � 1.2104(g) (providing for penalties in the case of default or disqualification after the close of the 18 auction). See also 47 C.F.R. � 1.2111(a) (prescribing special disclosure requirements in the event of a transfer or assignment of a license held by auction winner within three years of the receipt of the license); First Report and Order, 13 FCC Rcd at 15992.
• http://wireless.fcc.gov/auctions/33/releases/d002154d.doc http://wireless.fcc.gov/auctions/33/releases/d002154d.txt
  • furnished in a pending application. See 47 C.F.R. � 1.65. An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on October 10, 2000, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in 47 C.F.R. � 1.2104. See 47 C.F.R. � 1.2107(c). Number of Forms To Be Filed. Filers applying for multiple licenses are not required to submit a separate application for each market, if all filing requirements associated with the application are identical except for the market designator and market name. Under these circumstances, applicants may submit one FCC Form 601 Main Form and Schedule B.
• http://wireless.fcc.gov/auctions/33/releases/da000559.doc http://wireless.fcc.gov/auctions/33/releases/da000559.pdf http://wireless.fcc.gov/auctions/33/releases/da000559.txt
  • 47 C.F.R. � 27.604. See also 700 MHz First Report and Order at �� 31, 39. See Part 1 Order, 12 FCC Rcd at 5697-98, � 16 (1997). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2378-79, �� 171-176 (1994). See 47 C.F.R. � 1.2104(i). See Balanced Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141 (1998). See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening Bids or Reserve Prices,
• http://wireless.fcc.gov/auctions/33/releases/da000781.doc http://wireless.fcc.gov/auctions/33/releases/da000781.pdf http://wireless.fcc.gov/auctions/33/releases/da000781.txt
  • limit the number of rounds in which bidders may place withdrawals to two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn in either of these rounds. Withdrawals during the auction will still be subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Bidders should note that abuse of the Commission's bid withdrawal procedures could result in the denial of the ability to bid on a market. If a high bid is withdrawn, the license will be offered in the next round at the second highest bid price, which may be less than, or equal to, in the case of tie bids, the
• http://wireless.fcc.gov/auctions/33/releases/da001948.doc http://wireless.fcc.gov/auctions/33/releases/da001948.pdf http://wireless.fcc.gov/auctions/33/releases/da001948.txt
  • licenses for both blocks in any geographic service area. The bidding software does not restrict bidders from bidding on both licenses in any market, therefore each bidder is responsible for ensuring that they are in compliance with the above rule. Compliance with Section 27.604 may subject a bidder bidding on or winning both licenses to a withdrawal payment under Section 1.2104(g)(1) or default penalty under Section 1.2104(g)(2). Long-Form Applications: Applicants that claim status as a small or very small business should be aware that at the long-form application stage, they will be subject to more extensive reporting requirements contained in the Commission's Part 1 ownership disclosure rule. In addition, applicants with foreign ownership interests will be required to comply with 47
• http://wireless.fcc.gov/auctions/33/releases/da002154.doc http://wireless.fcc.gov/auctions/33/releases/da002154.pdf http://wireless.fcc.gov/auctions/33/releases/da002154.txt
  • Auction No. 33 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids, if applicable. If a winning bidder's upfront payment is not sufficient to meet both of these requirements, the winning bidder must deposit additional funds. See 47 C.F.R. �� 1.2107(b), 1.2104(g). The amount now due from each winning bidder, if any, is set out in the last column of Attachment B. Note that a payment and FCC Form 159 are necessary only if a winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down payment
• http://wireless.fcc.gov/auctions/33/releases/da011338.doc http://wireless.fcc.gov/auctions/33/releases/da011338.pdf http://wireless.fcc.gov/auctions/33/releases/da011338.txt
  • 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. As shown in Attachment A, the winning bids in the subsequent auction were less than Motorola's withdrawn bids. Accordingly, in accordance with Section 1.2104 of the Commission's rules, Motorola is assessed a final withdrawal payment for license MEA049 in the amount of $3,500.00 and a final withdrawal payment for license MEA051 in the amount of $1,500.00. The Commission has previously deducted an interim withdrawal payment of $450.00 from the funds on deposit with the Commission. Accordingly, Motorola is ordered to make a payment of
• http://wireless.fcc.gov/auctions/33/releases/da011719.doc http://wireless.fcc.gov/auctions/33/releases/da011719.pdf http://wireless.fcc.gov/auctions/33/releases/da011719.txt
  • With respect to Access's withdrawal in Auction No. 33, the Commission has previously deducted an interim withdrawal payment of $60,795.00 from the funds on deposit with the Commission. As shown in Attachment A, the net winning bid amount, $3,831,000.00, in the subsequent auction of license MEA012(A) was greater than Access' net withdrawn bid amount, $2,026,500.00. Therefore, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund the payor(s) of record the $60,795.00 withheld in connection with license MEA012(A). To obtain a refund, the payor(s) of record should follow the instructions set forth in Attachment B. If you have additional questions or require further information, please contact Howard C. Davenport in the Auctions and Industry Analysis Division
• http://wireless.fcc.gov/auctions/33/releases/da011849.doc http://wireless.fcc.gov/auctions/33/releases/da011849.pdf http://wireless.fcc.gov/auctions/33/releases/da011849.txt
  • with the Commission: MEA014(B) Pegasus Guard Band $32,880.00 MEA028(B) Pegasus Guard Band $54,990.00 MEA034(B) Pegasus Guard Band $25,800.00 MEA037(B) Pegasus Guard Band $33,750.00 MEA048(B) Pegasus Guard Band $14,430.00 $161,850.00 As shown in Attachment A, in each instance, the net winning bids in the subsequent auction of the licenses was greater than Pegasus' net withdrawn bids. Therefore, in accordance with Section 1.2104 of the Commission's rules, the Commission refunded to the payor(s) of record the $161,850.00 withheld in connection with these licenses. If you have additional questions or require further information, please contact Howard C. Davenport in the Auctions and Industry Analysis Division at (202) 418-0660. Sincerely, Margaret W. Wiener, Chief Auctions and Industry Analysis Division ATTACHMENT A 700 MHz Guardband Auction
• http://wireless.fcc.gov/auctions/34/releases/d002037f.doc http://wireless.fcc.gov/auctions/34/releases/d002037f.txt
  • furnished in a pending application. See 47 C.F.R. � 1.65. An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on September 20, 2000, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in 47 C.F.R. �� 1.2104. See 47 C.F.R. � 1.2107(c). Number of Forms To Be Filed. Filers applying for multiple licenses are not required to submit a separate application for each market if all filing requirements associated with the application are identical except for the market designator and market name. Under these circumstances, applicants may submit one FCC Form 601 Main Form and Schedule B.
• http://wireless.fcc.gov/auctions/34/releases/da000667.doc http://wireless.fcc.gov/auctions/34/releases/da000667.pdf http://wireless.fcc.gov/auctions/34/releases/da000667.txt
  • delay, suspension or cancellation. Id. at � 125. See Second Report and Order at 19157, � 236 (1997). See Part 1 Order, 12 FCC Rcd at 5697-98, � 16 (1997). See Implementation of Section 309(j) of the Communications Act-Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2378-79, �� 171-176 (1994). See 47 C.F.R. � 1.2104(i). See Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141 (1998). See, e.g., Auction of 800 MHz SMR, Minimum Opening Bids or Reserve Prices, DA 97-2147, Order, 12 FCC
• http://wireless.fcc.gov/auctions/34/releases/da001100.doc http://wireless.fcc.gov/auctions/34/releases/da001100.pdf http://wireless.fcc.gov/auctions/34/releases/da001100.txt
  • limit the number of rounds in which bidders may place withdrawals to two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn in either of these rounds. Withdrawals during the auction will still be subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Bidders should note that abuse of the Commission's bid withdrawal procedures could result in the denial of the ability to bid on a market. If a high bid is withdrawn, the license will be offered in the next round at the second highest bid price, which may be less than, or equal to, in the case of tie bids, the
• http://wireless.fcc.gov/auctions/34/releases/da002037.doc http://wireless.fcc.gov/auctions/34/releases/da002037.pdf http://wireless.fcc.gov/auctions/34/releases/da002037.txt
  • Auction No. 34 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids, if applicable. If a winning bidder's upfront payment is not sufficient to meet both of these requirements, the winning bidder must deposit additional funds. See 47 C.F.R. �� 1.2107(b), 1.2104(g). The amount now due from each winning bidder, if any, is set out in the last column of Attachment B. Note that a payment and FCC Form 159 are necessary only if a winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down payment
• http://wireless.fcc.gov/auctions/34/releases/da020959.pdf http://wireless.fcc.gov/auctions/34/releases/da020959.txt
  • 34 Winning Bidders Public Notice"). Motient withdrew high bids on licenses BEA002E, BEA011DD, BEA032D, BEA033E, BEA034EE, BEA066EE, BEA085FF, BEA086D, BEA088FF, BEA097DD, BEA132FF, BEA172FF. Id. at Attachment C. 2 Multi-Radio Service Auction Closes: Winning Bidders Announced, Report No. AUC-02-43-F (Auction No. 43), Public Notice, DA 02-157 (rel. January 22, 2002) ("Auction No. 43 Winning Bidders Public Notice"). 3 47 C.F.R. � 1.2104(g)(1) (2000). 4 47 C.F.R. � 1.2104(g)(1); see Auction No. 34 Winning Bidders' Public Notice, 15 FCC Rcd at 17165 and Attachment C (identifies bidders that owe withdrawal payments to the Commission as a result of bid withdrawals made in Auction No. 34 and lists those licenses with their corresponding three percent interim bid withdrawal payments). 5 47 C.F.R. � 1.2106(e)
• http://wireless.fcc.gov/auctions/34/releases/da020962.pdf http://wireless.fcc.gov/auctions/34/releases/da020962.txt
  • bid on each license was in the amount of $99,000.00, and the net bid on each was $64,350.00. CommSpec subsequently fulfilled its payment obligations with regard to BEA 173-EE, but withdrew its winning bid on BEA 173-E). 2 "Multi-Radio Service Auction Closes," Public Notice, DA 02-157 (rel. January 22, 2002) ("Auction No. 43 Closing Public Notice"). 3 47 C.F.R. � 1.2104(g)(1) (1998). 4 47 C.F.R. � 1.2104(g)(1); Auction No. 34 Closing Public Notice, at Attachment C (identifies bidders that withdrew bids in Auction No. 34 and states the interim three percent bid withdrawal payment). 5 See 47 C.F.R . � 1.2106(e) (1998); Auction No. 34 Closing Public Notice, at Attachment B. 6 47 C.F.R. � 1.2104(g)(1). Mr. Leon Guerrero April 26,
• http://wireless.fcc.gov/auctions/34/releases/da021993.pdf http://wireless.fcc.gov/auctions/34/releases/da021993.txt
  • FCC Rcd 17162 (2000) ("Auction No. 34 Winning Bidders Public Notice"). Preferred withdrew high bids on licenses BEA009-D, BEA018-F, BEA020-F, BEA066-D, BEA069-E, BEA069-FF. Id. at Attachment C. 2 Multi-Radio Service Auction Closes: Winning Bidders Announced, Report No. AUC-02-43-F (Auction No. 43), Public Notice, DA 02-157 (rel. January 22, 2002) ("Auction No. 43 Winning Bidders Public Notice"). 3 47 C.F.R. � 1.2104(g)(1) (2000). 4 47 C.F.R. � 1.2104(g)(1); see Auction No. 34 Winning Bidders' Public Notice, 15 FCC Rcd at 17165 and Attachment C (identifies bidders that withdrew a high bid in Auction No. 34 and lists the corresponding three percent interim bid withdrawal payments). Mr. Charles M. Austin August 9, 2002 2 this bidder's account with the Commission.5 If, in a
• http://wireless.fcc.gov/auctions/35/releases/da000504.doc http://wireless.fcc.gov/auctions/35/releases/da000504.pdf http://wireless.fcc.gov/auctions/35/releases/da000504.txt
  • C and F Block Auction,'' Public Notice, DA 00-145 (rel. January 31, 2000). See Part 1 Order, 12 FCC Rcd at 5697-98, � 16 (1997); see also Part 1 Third Report and Order, 13 FCC Rcd at 425, � 86. C Block Fourth Report and Order at 15761-62, � 34, see 47 C.F.R. ��1.2105(a)(2)(xi) and 24.709(a)(5). See 47 C.F.R. � 1.2104(i). See Balanced Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141 (1998). See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening Bids or Reserve Prices,
• http://wireless.fcc.gov/auctions/35/releases/da002038.doc http://wireless.fcc.gov/auctions/35/releases/da002038.pdf http://wireless.fcc.gov/auctions/35/releases/da002038.txt
  • and Order, 13 FCC Rcd at 425, � 86. Part 1 Fifth Report and Order, ��40-42; 47 C.F.R. � 1.2106(a); see also C Block Fourth Report and Order at 15761-62, � 34; see 47 C.F.R. ��1.2105(a)(2)(xi) and 24.709(a)(5). Results below $10,000 are rounded to the nearest hundred; results above $10,000 are rounded to the nearest thousand. See 47 C.F.R. � 1.2104(i). See Balanced Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141 (1998). See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening Bids or Reserve Prices,
• http://wireless.fcc.gov/auctions/35/releases/da002259.doc http://wireless.fcc.gov/auctions/35/releases/da002259.pdf http://wireless.fcc.gov/auctions/35/releases/da002259.txt
  • limit the number of rounds in which bidders may place withdrawals to two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn in either of these rounds. Withdrawals during the auction will still be subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Bidders should note that abuse of the Commission's bid withdrawal procedures could result in the denial of the ability to bid on a market. If a high bid is withdrawn, the license will be offered in the next round at the second highest bid price, which may be less than, or equal to, in the case of tie bids, the
• http://wireless.fcc.gov/auctions/35/releases/fc020099.pdf http://wireless.fcc.gov/auctions/35/releases/fc020099.txt
  • currently available for use by Auction No. 35 winning bidders is not a valid ground for relieving Verizon of its bid obligation. By participating in the auction, Verizon assumed a known risk of delay; indeed, the Bureau emphasized that "[p]otential bidders are solely responsible for identifying associated risks, and investigating and evaluating the degree to 53 See 47 C.F.R. � 1.2104(g). In the event of a default, the Commission retains funds on deposit equal to three percent of the total winning bid amount, and has the discretion to retain an amount of up to twenty percent of the winning bid amount. Part 1 Third Report and Order, 13 FCC Rcd at 433, � 102. 54 47 C.F.R. � 1.2107(b). 55 Letter
• http://wireless.fcc.gov/auctions/36/releases/d002752d.doc http://wireless.fcc.gov/auctions/36/releases/d002752d.txt
  • furnished in a pending application. See 47 C.F.R. � 1.65. An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on December 21, 2000September 20, 2000,, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in section 1.2104(g) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Filers applying for multiple licenses are not required to submit a separate application for each market if all filing requirements associated with the application are identical except for the market designator and market name. Under these circumstances, applicants may submit one FCC Form 601
• http://wireless.fcc.gov/auctions/36/releases/da000668.doc http://wireless.fcc.gov/auctions/36/releases/da000668.pdf http://wireless.fcc.gov/auctions/36/releases/da000668.txt
  • delay, suspension or cancellation. Id. at � 125. See Second Report and Order at 19157, � 236 (1997). See Part 1 Order, 12 FCC Rcd at 5697-98, � 16 (1997). See Implementation of Section 309(j) of the Communications Act-Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2378-79, �� 171-176 (1994). See 47 C.F.R. � 1.2104(i). See Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141 (1998). See, e.g., Auction of 800 MHz SMR, Minimum Opening Bids or Reserve Prices, DA 97-2147, Order, 12 FCC
• http://wireless.fcc.gov/auctions/36/releases/da001388.doc http://wireless.fcc.gov/auctions/36/releases/da001388.pdf http://wireless.fcc.gov/auctions/36/releases/da001388.txt
  • limit the number of rounds in which bidders may place withdrawals to two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn in either of these rounds. Withdrawals during the auction will still be subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Bidders should note that abuse of the Commission's bid withdrawal procedures could result in the denial of the ability to bid on a market. If a high bid is withdrawn, the license will be offered in the next round at the second highest bid price, which may be less than, or equal to, in the case of tie bids, the
• http://wireless.fcc.gov/auctions/36/releases/da002752.doc http://wireless.fcc.gov/auctions/36/releases/da002752.pdf http://wireless.fcc.gov/auctions/36/releases/da002752.txt
  • in Auction No. 36 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids, if applicable. If a winning bidder's upfront payment is not sufficient to meet both of these requirements, the winning bidder must deposit additional funds. See 47 C.F.R. �� 1.2104(g), 1.2107(b). The amount now due from each winning bidder, if any, is set out in the last column of Attachment B. Note that a payment and FCC Form 159 are necessary only if a winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down
• http://wireless.fcc.gov/auctions/37/releases/da002171.doc http://wireless.fcc.gov/auctions/37/releases/da002171.pdf http://wireless.fcc.gov/auctions/37/releases/da002171.txt
  • Bidding , PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2378-79, �� 171-176 (1994) (``Second Report and Order'') for a general discussion of competitive bidding design. See Broadcast First Report and Order, 13 FCC Rcd at 15971, � 134. See Second Report and Order, 9 FCC Rcd 2348, 2378-79, �� 171-176 (1994). See 47 C.F.R. � 1.2104(i). See Balanced Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Broadcast First Report and Order, 13 FCC Rcd at 15971, � 134. See, e.g., Closed Broadcast Auction - Notice and Filing Requirements for Auction of AM, FM, TV, LPTV and FM
• http://wireless.fcc.gov/auctions/37/releases/da010119.doc http://wireless.fcc.gov/auctions/37/releases/da010119.txt
  • limit the number of rounds in which bidders may place withdrawals to two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn in either of these rounds. Withdrawals during the auction will still be subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Bidders should note that abuse of the Commission's bid withdrawal procedures could result in the denial of the ability to bid on construction permits. If a high bid is withdrawn, the construction permit will be offered in the next round at the second highest bid price, which may be less than, or equal to, in the case of tie bids,
• http://wireless.fcc.gov/auctions/37/releases/da010119e.pdf
  • Opening Bids and Other Auction Procedural Issues, Public Notice, DA 00-2171 (rel. September 25, 2000) ("Auction No. 37 Comment Public Notice"). 2 Section 3002(a), Balanced Budget Act of 1997, Pub. L. 105-33, 111 Stat. 251 (1997) ("Budget Act"); 47 U.S.C. �309(j)(4)(F). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104 (c) and (d). 3 See Auction of Additional FM Broadcast Construction Permits To Be Included In Auction No. 37 Scheduled For February 21, 2001, Public Notice, DA 00-2232 (rel. September 29, 2000) ("Auction No. 37 Additional Comment Public Notice"). Because the market numbers were revised to reflect the addition of these eight vacant FM allotments, the Attachment A in the
• http://wireless.fcc.gov/auctions/37/resources/C_Bomberger.pdf
  • withdrawals have limits and rounds. Bid withdrawals have limits and consequences: consequences: Each bidder is limited to withdrawals in no more than Each bidder is limited to withdrawals in no more than two rounds. two rounds. Withdrawals are subject to the bid withdrawal payments Withdrawals are subject to the bid withdrawal payments specified in 47 C.F.R. specified in 47 C.F.R. ��1.2104(g). 1.2104(g). For a Positive Auction Experience For a Positive Auction Experience Do your homework. Do your homework. ��Read the public notices related to this auction. Read the public notices related to this auction. Participate in the mock auction. Participate in the mock auction. ��Test backup bidding arrangements and activate all of your Test backup bidding arrangements and activate all of
• http://wireless.fcc.gov/auctions/38/releases/d010478d.doc http://wireless.fcc.gov/auctions/38/releases/d010478d.txt
  • See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on March 8, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses are not required to submit a separate application for each market if all filing requirements associated with the application are identical except for the market designator and market name. Under these circumstances, applicants may submit one FCC Form 601
• http://wireless.fcc.gov/auctions/38/releases/da002291.doc http://wireless.fcc.gov/auctions/38/releases/da002291.pdf http://wireless.fcc.gov/auctions/38/releases/da002291.txt
  • 47 C.F.R. � 27.604. See also 700 MHz First Report and Order at �� 31, 39. See Part 1 Order, 12 FCC Rcd at 5697-98, � 16 (1997). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2378-79, �� 171-176 (1994). See 47 C.F.R. � 1.2104(i). See Balanced Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141 (1998). See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening Bids or Reserve Prices,
• http://wireless.fcc.gov/auctions/38/releases/da002571.doc http://wireless.fcc.gov/auctions/38/releases/da002571.pdf http://wireless.fcc.gov/auctions/38/releases/da002571.txt
  • Commission's Order. Default and Disqualification Any high bidder that defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the license or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, the Commission may declare the applicant and its principals ineligible to bid
• http://wireless.fcc.gov/auctions/38/releases/da010478.doc http://wireless.fcc.gov/auctions/38/releases/da010478.pdf http://wireless.fcc.gov/auctions/38/releases/da010478.txt
  • their FCC Form 175. Questions concerning the calculation and submission of down payments should be directed to Gail Glasser at 202-418-1995. D. Withdrawal, Default and Disqualification Payments. The Commission imposes payments on bidders that withdraw high bids during the course of an auction, default on payments due after an auction closes, or those that are disqualified. See 47 C.F.R. �� 1.2104(g), 1.2109. 1. Bid Withdrawal Payments. A bidder (Bidder X) that withdraws a high bid during the course of an auction is subject to a bid withdrawal payment equal to the difference between the amount withdrawn and the amount of the subsequent winning bid. No withdrawal payment will be assessed for a withdrawn bid if either the subsequent winning bid or
• http://wireless.fcc.gov/auctions/39/releases/d011443f1.doc http://wireless.fcc.gov/auctions/39/releases/d011443f1.txt
  • See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on June 29, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses are not required to submit a separate application for each market if all filing requirements associated with the application are identical except for the market designator and market name. Under these circumstances, applicants may submit one FCC Form 601
• http://wireless.fcc.gov/auctions/39/releases/d011443f2.doc http://wireless.fcc.gov/auctions/39/releases/d011443f2.txt
  • See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on June 29, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An Applicant seeking tribal lands bidding credits in
• http://wireless.fcc.gov/auctions/39/releases/da010746.doc http://wireless.fcc.gov/auctions/39/releases/da010746.pdf http://wireless.fcc.gov/auctions/39/releases/da010746.txt
  • limit the number of rounds in which bidders may place withdrawals to two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn in either of these rounds. Withdrawals during the auction will still be subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Bidders should note that abuse of the Commission's bid withdrawal procedures could result in the denial of the ability to bid on a market. If a high bid is withdrawn, the license will be offered in the next round at the second highest bid price, which may be less than, or equal to, in the case of tie bids, the
• http://wireless.fcc.gov/auctions/39/releases/da011443.doc http://wireless.fcc.gov/auctions/39/releases/da011443.pdf http://wireless.fcc.gov/auctions/39/releases/da011443.txt
  • winning bidders in Auction No. 39 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover 1) down payments on winning bids, and 2) payments for withdrawn bids, if applicable. If a winning bidder's upfront payment is not sufficient to meet both of these requirements, the winning bidder must deposit additional funds. See 47 C.F.R. �� 1.2104(g),1.2107(b). The amount now due from each winning bidder, if any, is set out in the last column of Attachment B. Note that a payment and FCC Form 159 are necessary only if a winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down payment
• http://wireless.fcc.gov/auctions/40/releases/da010850.doc http://wireless.fcc.gov/auctions/40/releases/da010850.pdf http://wireless.fcc.gov/auctions/40/releases/da010850.txt
  • remove a bid. However, in later rounds, a bidder may withdraw standing high bids from previous rounds using the ``withdraw bid'' function (assuming that the bidder has not exhausted its withdrawal allowance). A high bidder that withdraws its standing high bid from a previous round during the auction is subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). In previous auctions, we have detected bidder conduct that, arguably, may have constituted strategic bidding through the use of bid withdrawals. While we continue to recognize the important role that bid withdrawals play in an auction, i.e., reducing risk associated with efforts to secure various licenses in combination, we conclude that, for Auction No. 40, adoption of a limit on
• http://wireless.fcc.gov/auctions/40/releases/da012858.pdf http://wireless.fcc.gov/auctions/40/releases/da012858.txt
  • winning bidders in Auction No. 40 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover 1) down payments on winning bids, and 2) payments for withdrawn bids, if applicable. If a winning bidder's upfront payment is not sufficient to meet both of these requirements, the winning bidder must deposit additional funds. See 47 C.F.R. �� 1.2104(g),1.2107(b).1 The amount now due from each winning bidder, if any, is set out in the last column of Attachment B. Note that a payment and FCC Form 159 are necessary only if a winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down payment
• http://wireless.fcc.gov/auctions/40/releases/da012858E.pdf http://wireless.fcc.gov/auctions/40/releases/da012858E.txt
  • See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on December 27, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An applicant seeking tribal lands bidding credits in
• http://wireless.fcc.gov/auctions/41/releases/da011592.doc http://wireless.fcc.gov/auctions/41/releases/da011592.pdf http://wireless.fcc.gov/auctions/41/releases/da011592.txt
  • remove a bid. However, in later rounds, a bidder may withdraw standing high bids from previous rounds using the ``withdraw bid'' function (assuming that the bidder has not exhausted its withdrawal allowance). A high bidder that withdraws its standing high bid from a previous round during the auction is subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). In previous auctions, we have detected bidder conduct that, arguably, may have constituted strategic bidding through the use of bid withdrawals. While we continue to recognize the important role that bid withdrawals play in an auction, i.e., reducing risk associated with efforts to secure various licenses in combination, we conclude that, for Auction No. 41, adoption of a limit on
• http://wireless.fcc.gov/auctions/41/releases/da012429.pdf http://wireless.fcc.gov/auctions/41/releases/da012429.txt
  • winning bidders in Auction No. 41 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover 1) down payments on winning bids, and 2) payments for withdrawn bids, if applicable. If a winning bidder's upfront payment is not sufficient to meet both of these requirements, the winning bidder must deposit additional funds. See 47 C.F.R. �� 1.2104(g),1.2107(b).1 The amount now due from each winning bidder, if any, is set out in the last column of Attachment B. Note that a payment and FCC Form 159 are necessary only if a winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down payment
• http://wireless.fcc.gov/auctions/41/releases/da012429D.pdf http://wireless.fcc.gov/auctions/41/releases/da012429D.txt
  • See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on November 1, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An Applicant seeking tribal lands bidding credits in
• http://wireless.fcc.gov/auctions/42/releases/da012763.pdf http://wireless.fcc.gov/auctions/42/releases/da012763.txt
  • along with this Public Notice to facilitate submission of the correct down payment. Questions regarding FCC Form 159 should be addressed to Tim Dates or Gail Glasser at 202- 418-1995. Please note, however, that winning bidders are ultimately responsible for insuring the verification and submission of the correct down payment from their bank to Mellon Bank. 1 47 C.F.R. �� 1.2104(g), 1.2107(b). In the event a bidder has withdrawn a bid(s) and is subject to a bid withdrawal payment(s), the bidder's upfront payment will be first applied to satisfy the withdrawal payment(s) before being applied toward its down payment. 2 47 C.F.R. � 1.2108. 3 47 C.F.R. �� 1.2107(b) and 1.2109. 4 47 C.F.R. �1.2109(a). 5 Copies of the FCC Form
• http://wireless.fcc.gov/auctions/42/releases/da012763d.pdf http://wireless.fcc.gov/auctions/42/releases/da012763d.txt
  • See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on December 14, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104 of the Commission's Rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An applicant seeking tribal lands bidding credits in
• http://wireless.fcc.gov/auctions/43/releases/da012315.pdf http://wireless.fcc.gov/auctions/43/releases/da012315.txt
  • Monitoring Systems, Second Report and Order, 13 FCC Rcd 15182 (1998) ("LMS Second Report and Order"). 4 Balanced Budget Act of 1997, Pub. L. No. 105-33, 111 Stat. 251, � 3002(a) (1997) (codified at 47 U.S.C. � 309(j)(4)(F)) ("Balanced Budget Act"). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). 5 See Auction No. 43 Multi-Radio Service Auction Scheduled for January 10, 2002; Comment Sought on Reserve Prices or Minimum Opening Bids and Other Auction Procedural Issues, Public Notice, DA 01-2076 (rel. September 7, 2001) 66 Fed. Reg. 48462 ("Auction No. 43 Comment Public Notice"). 2 1. Background of Proceeding Auction No. 43 will include licenses in the
• http://wireless.fcc.gov/auctions/43/releases/da020157.pdf http://wireless.fcc.gov/auctions/43/releases/da020157.txt
  • with this Public Notice to facilitate submission of the correct down payment. Questions regarding FCC Form 159 should be addressed to Tim Dates or Gail Glasser at 202- 418-1995. Please note, however, that winning bidders are ultimately responsible for insuring the verification and submission of the correct down payment from their bank to Mellon Bank. 1 See 47 C.F.R. �� 1.2104(g),1.2107(b). In the event a bidder has withdrawn a bid(s) and is subject to a bid withdrawal payment(s), the bidder's upfront payment will be first applied to satisfy the withdrawal payment(s) before being applied toward its down payment. 2 Copies of the FCC Form 159 may be obtained by calling the Commission's Forms Distribution Center at 1-800-418-3676 (outside Washington, D.C.) or
• http://wireless.fcc.gov/auctions/43/releases/da020157e.pdf http://wireless.fcc.gov/auctions/43/releases/da020157e.txt
  • See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on February 5, 2002, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An applicant seeking tribal lands bidding credits in
• http://wireless.fcc.gov/auctions/44/releases/da020200.pdf http://wireless.fcc.gov/auctions/44/releases/da020200.txt
  • have used the timing of bids to select a high bidder when multiple bidders submit identical high bids on a license in a given round. Given that bidders will access the Internet at differing speeds, we will not use this procedure in Auction No. 44. For Auction No. 44, we propose to use a random 12 See 47 C.F.R. � 1.2104(i). 6 number generator to select a high bidder from among such bidders. As with prior auctions, remaining bidders will be able to submit higher bids in subsequent rounds. The initial bidding schedule will be announced in a public notice to be released at least one week before the start of the auction, and will be included in the registration mailings.
• http://wireless.fcc.gov/auctions/44/releases/da020563.pdf http://wireless.fcc.gov/auctions/44/releases/da020563.txt
  • 01-74, Report and Order, FCC 01-364, ("Lower 700 MHz Report & Order") (rel. January 18, 2002). 2 Balanced Budget Act of 1997, Pub. L. No. 105-33, 111 Stat. 251, � 3002(a) (1997) (codified at 47 U.S.C. � 309(j)(4)(F)) ("Balanced Budget Act"). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). 3 See Auction of Licenses in the 698-746 MHz Band Scheduled for June 19, 2002; Comment Sought on Reserve Prices or Minimum Opening Bids and Other Auction Procedural Issues, Public Notice, DA 02-200 (rel. January 24, 2002) ("Auction No. 44 Comment Public Notice"). 4 Comments were filed on January 31, 2002 by Scott D. Reiter and Vincent D.
• http://wireless.fcc.gov/auctions/44/releases/fc010364.pdf http://wireless.fcc.gov/auctions/44/releases/fc010364.txt
  • 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 to Section 3 of the Small Business Act (15 U.S.C. � 632(a)) and the regulations
• http://wireless.fcc.gov/auctions/45/releases/da020265.pdf http://wireless.fcc.gov/auctions/45/releases/da020265.txt
  • disaster, technical obstacle, evidence of an auction security breach, unlawful bidding activity, administrative or weather necessity, or for any other reason that affects the fair and efficient conduct of competitive bidding.10 In such cases, the Bureau, in its sole discretion, may elect to resume the auction starting from the beginning of the current round, resume 10 See 47 C.F.R. � 1.2104(i). 4 the auction starting from some previous round, or cancel the auction in its entirety. Network interruption may cause the Bureau to delay or suspend the auction. We emphasize that exercise of this authority is solely within the discretion of the Bureau, and its use is not intended to be a substitute for situations in which bidders may wish to
• http://wireless.fcc.gov/auctions/45/releases/da020470.pdf http://wireless.fcc.gov/auctions/45/releases/da020470.txt
  • Service Areas (RSAs) and Metropolitan Statistical Areas (MSAs) are collectively known as Cellular Market Areas (CMAs). 2 Balanced Budget Act of 1997, Pub. L. No. 105-33, � 3002(a), 111 Stat. 251, (1997) (codified at 47 U.S.C. � 309(j)(4)(F)) ("Balanced Budget Act"). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). 3 Auction of Cellular Licenses for Rural Service Areas Scheduled for May 29, 2002; Comment Sought on Reserve Prices or Minimum Opening Bids and Other Auction Procedures, Public Notice, DA 02-265 (rel. February 5, 2002), 67 Fed. Reg. 8798 (February 27, 2002) ("Auction No. 45 Comment Public Notice"). 4 Comments were filed by Ranger Cellular and Miller Communications,
• http://wireless.fcc.gov/auctions/45/releases/da021221.pdf http://wireless.fcc.gov/auctions/45/releases/da021221.txt
  • the right to deny Paris' waiver request, reject Paris' application, and find Paris not qualified to bid with respect to any license in Auction No. 45 based on that determination. If the Bureau ultimately denies Paris' waiver request, Paris would be in default on any license for which it is the winning bidder, and subject to default payments under Sections 1.2104(g) and 1.2109(c) of the Commission's rules. 47 C.F.R. �� 1.2104(g), 1.2109(c). For additional information regarding this Public Notice, please contact Denise Coca, Legal Branch, Auctions Industry and Analysis Division, at (202) 418-0660, or Barbara Sibert, Auctions Operations Branch, Auctions Industry and Analysis Division, at (717) 338-2888. For technical matters regarding on- line access to FCC Form 175, contact FCC Technical
• http://wireless.fcc.gov/auctions/45/releases/da021316.pdf http://wireless.fcc.gov/auctions/45/releases/da021316.txt
  • that winning bidders are ultimately responsible for insuring the verification and submission of the correct down payment from their bank to Mellon Bank. Wire transfers for down payments must be received by Mellon Bank by 6:00 p.m. ET, on June 20, 2002. Winning bidders should coordinate with their bankers ahead of time regarding their wire transfers, 1 47 C.F.R. �� 1.2104(g), 1.2107(b). In the event a bidder has withdrawn a bid(s) and is subject to a bid withdrawal payment(s), the bidder's upfront payment will be first applied to satisfy the withdrawal payment(s) before being applied toward its down payment. 47 C.F.R. � 1.2104(g)(1). 2 47 C.F.R. � 1.2108. 3 47 C.F.R. �� 1.2107(b), 1.2109. 4 47 C.F.R. � 1.2109(a). 5 Copies
• http://wireless.fcc.gov/auctions/45/releases/da021316c.pdf http://wireless.fcc.gov/auctions/45/releases/da021316c.txt
  • See 47 C.F.R. � 1.934(a), (d); see also 47 C.F.R. � 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on June 20, 2002, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. �� 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An applicant seeking tribal lands bidding credits in
• http://wireless.fcc.gov/auctions/46/releases/da021257.pdf http://wireless.fcc.gov/auctions/46/releases/da021257.txt
  • disaster, technical obstacle, evidence of an auction security breach, unlawful bidding activity, administrative or weather necessity, or for any other reason that affects the fair and efficient conduct of competitive bidding.16 In such cases, the Bureau, in its sole discretion, may elect to resume the auction starting from the beginning of the current round, resume 16 See 47 C.F.R. � 1.2104(i). 6 the auction starting from some previous round, or cancel the auction in its entirety. Network interruption may cause the Bureau to delay or suspend the auction. We emphasize that exercise of this authority is solely within the discretion of the Bureau, and its use is not intended to be a substitute for situations in which bidders may wish to
• http://wireless.fcc.gov/auctions/46/releases/da021871.pdf http://wireless.fcc.gov/auctions/46/releases/da021871.txt
  • use, including the 1670-1675 MHz band.6 In the Service Rules Report & Order, the Commission, among 1 Balanced Budget Act of 1997, Pub. L. No. 105-33, 111 Stat. 251, � 3002(a) (1997) (codified at 47 U.S.C. � 309(j)(4)(F)) ("Balanced Budget Act"). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). 2 1392-1395 and 1432-1435 MHz, 1390-1392 MHz, 1670-1675 MHz, and 2385-2390 MHz Bands Auction Scheduled for September 18, 2002; Comment Sought on Reserve Prices or Minimum Opening Bids and Other Auction Procedural Issues, Public Notice, DA 02-1257 (rel. May 24, 2002) ("Auction No. 46 Comment Public Notice"). 3 ArrayComm, Inc. ("ArrayComm") Comments, filed on June 6, 2002; AeroAstro,
• http://wireless.fcc.gov/auctions/58/resources/CraigBomberger.pdf
  • withdrawals have limits and rounds. Bid withdrawals have limits and consequences: consequences: Each bidder is limited to withdrawals in no more than Each bidder is limited to withdrawals in no more than two rounds. two rounds. Withdrawals are subject to the bid withdrawal payments Withdrawals are subject to the bid withdrawal payments specified in 47 C.F.R. specified in 47 C.F.R. ��1.2104(g). 1.2104(g). For a Positive Auction Experience For a Positive Auction Experience Do your homework. Do your homework. ��Read the public notices related to this auction. Read the public notices related to this auction. Participate in the mock auction. Participate in the mock auction. ��Test backup bidding arrangements and activate all of your Test backup bidding arrangements and activate all of
• http://wireless.fcc.gov/auctions/62/CBomberger.pdf
  • have limits and consequences: Each bidder is limited to withdrawals in no more than Each bidder is limited to withdrawals in no more than one round in Auction No. 62. one round in Auction No. 62. Withdrawals are subject to the bid withdrawal Withdrawals are subject to the bid withdrawal payments specified in 47 C.F.R. payments specified in 47 C.F.R. ��1.2104(g). 1.2104(g). ��Minimum opening bids are established Minimum opening bids are established prior to the auction. prior to the auction. ��Minimum acceptable bid percentage and Minimum acceptable bid percentage and bid increment percentage are set at 10% bid increment percentage are set at 10% (subject to change). (subject to change). Minimum acceptable bids will be approximately 10 Minimum acceptable bids will
• http://wireless.fcc.gov/auctions/62/comments/HodsonBroadcasting.pdf
  • FM allocation which meets the 250 kilometer provision, if they wish to participate in Auction #62. Only those beginning broadcast entities with up to $1 million in total or annual revenues and no license interests or market presence whatsoever, would be entitled to the restructured 45% tier, plus exempt from the bid withdrawal payment provisions codified in 47 C.F.R. � 1.2104(g). These designated small business concerns would also be allowed, at their discretion, to utilize the installment payment plan, pursuant to Section 1.2110(g) of the Commission's Rules, for Auction #62. Furthermore, when a selected small business entity that qualifies for the 45% tier submits their Form 175 application, the specified 5 discount (45%) should also be applied to that fledgling entity's
• http://wireless.fcc.gov/auctions/63/resources/06_ISASOverview.pdf
  • have limits and consequences: Each bidder is limited to withdrawals in no more than Each bidder is limited to withdrawals in no more than one round in Auction No. 63. one round in Auction No. 63. Withdrawals are subject to the bid withdrawal Withdrawals are subject to the bid withdrawal payments specified in 47 C.F.R. payments specified in 47 C.F.R. ��1.2104(g). 1.2104(g). What if you do not meet the activity What if you do not meet the activity requirement? requirement? One of two things will happen: One of two things will happen: �� You will use an activity rule waiver. You will use an activity rule waiver. or or �� Your eligibility will be reduced. Your eligibility will be reduced. Activity
• http://wireless.fcc.gov/auctions/80/releases/da001069.doc http://wireless.fcc.gov/auctions/80/releases/da001069.pdf http://wireless.fcc.gov/auctions/80/releases/da001069.txt
  • stopping rules, and information relating to auction delay, suspension or cancellation. Id. at � 125. See Part 1 Order, 12 FCC Rcd at 5697-98, � 16 (1997). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding , PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2378-79, �� 171-176 (1994). See 47 C.F.R. � 1.2104(i). See Balanced Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141 (1998). See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening Bids or Reserve Prices,
• http://wireless.fcc.gov/auctions/80/releases/da001226.doc http://wireless.fcc.gov/auctions/80/releases/da001226.pdf http://wireless.fcc.gov/auctions/80/releases/da001226.txt
  • auction. Default and Disqualification If the high bidder defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) it will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the construction permit or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, the Commission may declare the applicant and its principals ineligible to
• http://wireless.fcc.gov/auctions/80/releases/da001593.doc http://wireless.fcc.gov/auctions/80/releases/da001593.pdf http://wireless.fcc.gov/auctions/80/releases/da001593.txt
  • case by 6:00 p.m. ET on August 1, 2000, the winning bidder in Auction No. 80 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover the down payment on its winning bid. If the bidder's upfront payment is not sufficient to meet this requirement, the bidder must deposit additional funds. See 47 C.F.R. �� 1.2107(b), 1.2104(g). The amount now due from the bidder is set out in the last column of Attachment B. The bidder's down payment must be a total of twenty (20) percent of its net winning bid. Final payment. After the termination of the pleading cycle for petitions to deny (see 47 C.F.R. � 73.5006), the Commission will issue a public notice announcing
• http://wireless.fcc.gov/auctions/82/releases/da012605.pdf http://wireless.fcc.gov/auctions/82/releases/da012605.txt
  • mutually exclusive applications for licenses or construction permits), unless the Commission determines that a reserve price or minimum bid is not in the public interest.8 Consistent with this mandate, the Commission has directed the Bureaus to seek comment on the use of minimum opening bids and/or reserve price prior to the start of each auction.9 7 See 47 C.F.R. � 1.2104(i). 8 See Balanced Budget Act, Section 3002(a). The Commission's authority to establish a reserve 5 Normally, a reserve price is an absolute minimum price below which an item will not be sold in a given auction. Reserve prices can be either published or unpublished. A minimum opening bid, on the other hand, is the minimum bid price set at the
• http://wireless.fcc.gov/auctions/82/releases/da020355.pdf http://wireless.fcc.gov/auctions/82/releases/da020355.txt
  • their bank to Mellon Bank. Wire transfers for down payments must be received by Mellon Bank by 6:00 p.m. ET, on March 4, 2002. Winning bidders should coordinate with their bankers ahead of time regarding their wire transfers, and allow sufficient time for the wire transfer to be initiated and completed prior to the deadline. 1 See 47 C.F.R. �� 1.2104(g),1.2107(b). In the event a bidder has withdrawn a bid(s) and is subject to a bid withdrawal payment(s), the bidder's upfront payment will be first applied to satisfy the withdrawal payment(s) before being applied toward its down payment. 2 In cases where petitions to deny are filed, no final payment public notice shall be issued for the associated construction permits until
• http://wireless.fcc.gov/auctions/anticollusion/releases/da971782.pdf http://wireless.fcc.gov/auctions/anticollusion/releases/da971782.txt http://wireless.fcc.gov/auctions/anticollusion/releases/da971782.wp
  • HEREIN. 12. IT IS FURTHER ORDERED that, pursuant to Sections 4(i), 309(d), and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309(d), and 309(j), and Federal Communications Commission DA 97-1782 Public Notice, "FCC Announces Grant of Broadband Personal Communications Services D, E, and F Block BTA 29 Licenses," DA 97-883 (Apr. 28, 1997). 6 Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), the 23 Mercury PCS II, LLC applications set forth in Appendix B are conditionally GRANTED. Grant of each license set forth in Appendix B is expressly conditioned on Mercury's compliance with the payment provisions for D, E, and F block licenses set forth in the Public Notice DA 97-883, dated April 28,
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=18&page=O
  • including requests for consolidation into a single license of all 119 of the Phase I and Phase II licenses held by Access in that band and extension of the terms of those licenses to 2019. [47]pdf - [48]Word 12/22/1999 ORDER (DA 99-2986) In the Matter of Request for Waiver of the Bid Withdrawal Payment Rule as Set Forth in Sections 1.2104(g) and 90.1007 of the Commissions Rules This Order denies the November 17th Petition for Reconsideration filed by Jeremy Greene which orders him to pay a withdrawal payment. [49]pdf - [50]text - [51]Word 8/5/1999 MEMORANDUM OPINION AND ORDER (FCC 99-202) In the Matter of Application for Review of Columbia Capital Corporation of Action Taken Pursuant to Delegated Authority This Memorandum Opinion
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=21&page=L
  • [41]Auctions Home > [42]Summary > Releases For Auction 21 [43]FCC Site Map Auction 21 Location and Monitoring Services (LMS) Small Arrow [44]Summary Small Arrow [45]Fact Sheet Small Arrow Releases Small Arrow [46]Application Search Letters 12/1/2010 LETTER (DA 10-2275) Final Default Payment for Auction 21 Licenses BEA107C (Minneapolis-St. Paul, MN-WI-IA) and BEA164C (Sacramento-Yolo, CA) Provides Notice and Demand Pursuant to Section 1.2104(g)(2) of the Commission's Rules. [47]pdf - [48]Word 10/31/2006 LETTER (DA 06-2144) Final Bid Withdrawal Payment for Auction No. 21, FCR, Inc. [49]pdf - [50]Word 10/31/2006 LETTER (DA 06-2171) Final Bid Withdrawal Payment for Auction No. 21, Progeny LMS, LLC [51]pdf - [52]Word 1/28/1999 LETTER (DA 99-242) Letter to Marilyn S. Mense This letter denies NAVL, Inc.'s January 25, 1999 request
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=23&page=O
  • for Rural America [39]FCC > [40]WTB > [41]Auctions Home > [42]Summary > Releases For Auction 23 [43]FCC Site Map Auction 23 Local Multipoint Distribution Service (LMDS) Re-Auction Small Arrow [44]Summary Small Arrow [45]Fact Sheet Small Arrow Releases Small Arrow [46]Application Search Orders 3/17/2000 ORDER (DA 00-556) In the Matter of LMDS COMMUNICATIONS, INC. Request for Waiver of Sections 1.2109(a) and (c),1.2104(g) and 101.1105(b) of the Commission?s Rules Regarding BTA117, BTA122, BTA203,BTA215, BTA218, BTA287, BTA317, BTA328,BTA330, BTA335, BTA375 and BTA416 This Order addresses a request for waiver of Sections 1.2109(a) and (c), 1.2104(g) and 101.1105(b) of the Commission's Rules filed by LMDS Communications, Inc. [47]pdf - [48]text - [49]Word Attachment A: [50]xls Attachment B: [51]text - [52]Word 8/27/1999 ORDER (DA 99-1726) In
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=35&page=L
  • [39]FCC > [40]WTB > [41]Auctions Home > [42]Summary > Releases For Auction 35 [43]FCC Site Map Auction 35 C and F Block Broadband PCS Small Arrow [44]Summary Small Arrow [45]Fact Sheet Small Arrow Releases Small Arrow [46]Application Search Letters 12/1/2010 LETTER (DA 10-2271) Final Default Payment for Auction 35 License CW-BTA127-C1 (Elmira-Corning-Hornell, NY) Provides Notice and Demand Pursuant to Section 1.2104(g)(1) of the Commission's Rules. [47]pdf - [48]Word 8/30/2007 LETTER (DA 07-3801) TPS Utilicom, Inc. Assessed the final default payment obligation of TPS Utilicom, Inc. for Auction No. 35 [49]pdf - [50]Word 10/31/2006 LETTER (DA 06-2147) Final Bid Withdrawal Payment for Auction No. 22, Glenn W. Ishihara [51]pdf - [52]Word 10/31/2006 LETTER (DA 06-2148) Final Bid Withdrawal Payment for Auction No.
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=37&page=O
  • Licensing LLC, and Kemp Communications, Inc., Request to Reduce Bid Withdrawal Payments; Connoisseur Media, LLC, Petition for Reconsideration and Request for Refund of Bid Withdrawal Payment; Nassau Broadcasting Holdings, Inc., Petition for Reconsideration or, in the Alternative, Request for Waiver of Bid Withdrawal Payment Rule Addressed several petitions and requests seeking relief from bid withdrawal payment obligations incurred under Section 1.2104(g) of the Commission's rules as a result of withdrawing provisionally winning bids in Auction No. 37. [54]pdf - [55]Word 10/22/2007 ORDER (DA 07-4367) Advance Acquisition, Inc., Request for Waiver of Bid Withdrawal Payment [56]pdf - [57]Word 2/27/2007 MEMORANDUM OPINION AND ORDER (DA 07-880) Request for Waiver of Section 1.2109(b) of the Commission's Rules and Request for Discretionary Implementation of Section
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=66&page=L
  • > [41]Auctions Home > [42]Summary > Releases For Auction 66 [43]FCC Site Map Auction 66 Advanced Wireless Services (AWS-1) Small Arrow [44]Summary Small Arrow [45]Fact Sheet Small Arrow Releases Small Arrow [46]Auction Seminar Small Arrow [47]Application Search Letters 12/1/2010 LETTER (DA 10-2262) Final Bid Withdrawal Payment for Bids on Auction 66 License AW-BEA114-C Provides Notice and Demand Pursuant to Section 1.2104(g)(1) of the Commission's Rules. [48]pdf - [49]Word 11/30/2010 LETTER (DA 10-2261) Final Bid Withdrawal Payment for Bid on Auction 66 License AW-REA012-F (Gulf of Mexico) Provides Notice and Demand Pursuant to Section 1.2104(g)(1) of the Commission's Rules. [50]pdf - [51]Word 9/18/2008 LETTER (DA 08-2113) Chequamegon Communications Cooperative, Inc. Re: Final Bid Withdrawal Payment for Auction 66. Assessed a refund in
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=7&page=O
  • 1998, and dismisses with prejudice ClearCall's Request for Waiver of 47 C.F.R.. 1.2105(b)(2). [69]pdf - [70]text - [71]WordPerfect 5/23/1997 ORDER (FCC 97-1085) In the Matter of Rapid Wireless, Ltd. Request for Waiver of Section 90.805 of the Commission's Rules This Order grants a Request for Waiver of Sections 90.805(a) and 90.805(b) filed by Rapid Wireless, Ltd. and also waives Section 1.2104(g) of the Commission's Rules. [72]pdf - [73]text - [74]WordPerfect 5/6/1997 MEMORANDUM OPINION AND ORDER (FCC 97-154) In the Matter of Atlanta Trunking Associates, Inc. and MAP Wireless, L.L.C. Petition for Reconsideration of Bid Withdrawal Payment Georgia Independent PCS Corporation Application for Review of Request to Waive Bid Withdrawal Payment Provision This MO & O grants a complete waiver of the
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=71&page=L
  • [41]Auctions Home > [42]Summary > Releases For Auction 71 [43]FCC Site Map Auction 71 Broadband PCS Small Arrow [44]Summary Small Arrow [45]Fact Sheet Small Arrow Releases Small Arrow [46]Auction Seminar Small Arrow [47]Application Search Letters 11/30/2010 LETTER (DA 10-2264) Final Bid Withdrawal Payment for Bids on Auction 71 Licenses CW-BTA492-D, CW-BTA492-E, and CW-BTA492-F Provides Notice and Demand Pursuant to Section 1.2104(g)(1) of the Commission's Rules. [48]pdf - [49]Word Go to an Auction: [71: Broadband PCS............][50] Go . Release Types [51]Public Notices [52]Orders Letters [53]Return to Top Arrow Return To Top [54]FCC Home [55]Search [56]RSS [57]Updates [58]E-Filing [59]Initiatives [60]Consumers [61]Find People General Auctions Information [62]Licensing, Technical Support and Website Issues [63]Auctions Contact Information - [64]Forgot Your Password? - [65]Submit eSupport request Phone:
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=1997&m=5
  • > [42]Auctions Releases > Releases By Year 1997 [43]FCC Site Map Auctions Releases for May 1997 5/23/1997 ORDER (FCC 97-1085) Auction [44]7 In the Matter of Rapid Wireless, Ltd. Request for Waiver of Section 90.805 of the Commission's Rules This Order grants a Request for Waiver of Sections 90.805(a) and 90.805(b) filed by Rapid Wireless, Ltd. and also waives Section 1.2104(g) of the Commission's Rules. [45]pdf - [46]text - [47]WordPerfect 5/21/1997 ORDER (FCC 97-1066) Auction [48]5 In the Matter of BDPCS, Inc. BTA Nos. B008, B036, B055, B089, B110, B133, B149, B261, B298, B331, B347, B358, B391, B395, B407, B413, and B447, Frequency Block C This Order denies a Petition for Reconsideration filed by BDPCS, Inc., seeking reconsideration of an Order
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=1999&m=12
  • the Communications Rules to Facilitate Future Development of SMR Systems in the 800 MHz Frequency Band This Erratum corrects FCC 99-368 that was released on 12/2/99. [77]pdf - [78]text - [79]WordPerfect [80]See Original Order FCC 99-368 12/22/1999 ORDER (DA 99-2986) Auction [81]18 In the Matter of Request for Waiver of the Bid Withdrawal Payment Rule as Set Forth in Sections 1.2104(g) and 90.1007 of the Commissions Rules This Order denies the November 17th Petition for Reconsideration filed by Jeremy Greene which orders him to pay a withdrawal payment. [82]pdf - [83]text - [84]Word 12/17/1999 PUBLIC NOTICE (DA 99-2824) Auction [85]80 Auction Filing Window For New Television Station Channel 52 at Blanco, Texas The Mass Media Bureau ("MMB") and the WTB ("WTB")
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=1999&m=8
  • Initial Default Payment Obligations and Procedures for Progeny LMS, LLC This payment order assesses an initial default payment against Progeny LMS, LLC ("Progeny"), and returns the remaining portion of Progeny's upfront payment. [45]pdf - [46]text - [47]WordPerfect Attachment A: [48]xls Attachment B: [49]text - [50]WordPerfect 8/27/1999 ORDER (DA 99-1726) Auction [51]23 In the Matter of Request for Waiver of Section 1.2104(g) of the Commission's Rules filed by Grand Connectivity, L.L.C. This Order denies Grand Connectivity's waiver request, assesses an initial default payment, and returns the remaining portion of Grand Connectivity's upfront payment. [52]pdf - [53]text - [54]WordPerfect Attachment A: [55]xls Attachment B: [56]text - [57]WordPerfect 8/25/1999 PUBLIC NOTICE (REPORT 24557A) Auction [58]25 Notice of Receipt of Broadcast Settlement Agreements and Removal
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2000&m=3
  • 929/931 MHZ Paging Auction (Auction No. 26) This Order denies an Emergency Petition for Reconsideration filed by Cook Telecom, Inc. seeking recession of a rule waiver granted to Pass Word, Inc. on February 15, 2000. [84]pdf - [85]text - [86]Word 3/17/2000 ORDER (DA 00-556) Auction [87]23 In the Matter of LMDS COMMUNICATIONS, INC. Request for Waiver of Sections 1.2109(a) and (c),1.2104(g) and 101.1105(b) of the Commission?s Rules Regarding BTA117, BTA122, BTA203,BTA215, BTA218, BTA287, BTA317, BTA328,BTA330, BTA335, BTA375 and BTA416 This Order addresses a request for waiver of Sections 1.2109(a) and (c), 1.2104(g) and 101.1105(b) of the Commission's Rules filed by LMDS Communications, Inc. [88]pdf - [89]text - [90]Word Attachment A: [91]xls Attachment B: [92]text - [93]Word 3/17/2000 PUBLIC NOTICE (DA 00-615)
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2008&m=7
  • Licensing LLC, and Kemp Communications, Inc., Request to Reduce Bid Withdrawal Payments; Connoisseur Media, LLC, Petition for Reconsideration and Request for Refund of Bid Withdrawal Payment; Nassau Broadcasting Holdings, Inc., Petition for Reconsideration or, in the Alternative, Request for Waiver of Bid Withdrawal Payment Rule Addressed several petitions and requests seeking relief from bid withdrawal payment obligations incurred under Section 1.2104(g) of the Commission's rules as a result of withdrawing provisionally winning bids in Auction No. 37. [63]pdf - [64]Word Go to an Auction: [Select an Auction............][65] Go . Available Months [66]January [67]February [68]March [69]April [70]May [71]June July [72]August [73]September [74]October [75]November [76]December [77]Return to Top Arrow Return To Top [78]FCC Home [79]Search [80]RSS [81]Updates [82]E-Filing [83]Initiatives [84]Consumers [85]Find People General
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2010&m=11
  • Licensing System [37]CORESCommission Registration System [38]Rural TelecommunicationsTelecommunications Service for Rural America [39]FCC > [40]WTB > [41]Auctions Home > [42]Auctions Releases > Releases By Year 2010 [43]FCC Site Map Auctions Releases for November 2010 11/30/2010 LETTER (DA 10-2261) Auction [44]66 Final Bid Withdrawal Payment for Bid on Auction 66 License AW-REA012-F (Gulf of Mexico) Provides Notice and Demand Pursuant to Section 1.2104(g)(1) of the Commission's Rules. [45]pdf - [46]Word 11/30/2010 LETTER (DA 10-2264) Auction [47]71 Final Bid Withdrawal Payment for Bids on Auction 71 Licenses CW-BTA492-D, CW-BTA492-E, and CW-BTA492-F Provides Notice and Demand Pursuant to Section 1.2104(g)(1) of the Commission's Rules. [48]pdf - [49]Word 11/1/2010 PUBLIC NOTICE (DA 10-2008) Auction [50]90 Auction of VHF Commercial Television Station Construction Permits Scheduled for February
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2010&m=12
  • and Wireless Telecommunications Bureaus Seek Comment on Recommendation of The Advisory Committee on Diversity for Communications in The Digital Age for A New Auction Preference for Overcoming Disadvantage [59]pdf - [60]Word Attachment A: [61]pdf - [62]Word 12/1/2010 LETTER (DA 10-2262) Auction [63]66 Final Bid Withdrawal Payment for Bids on Auction 66 License AW-BEA114-C Provides Notice and Demand Pursuant to Section 1.2104(g)(1) of the Commission's Rules. [64]pdf - [65]Word 12/1/2010 LETTER (DA 10-2271) Auction [66]35 Final Default Payment for Auction 35 License CW-BTA127-C1 (Elmira-Corning-Hornell, NY) Provides Notice and Demand Pursuant to Section 1.2104(g)(1) of the Commission's Rules. [67]pdf - [68]Word 12/1/2010 LETTER (DA 10-2275) Auction [69]21 Final Default Payment for Auction 21 Licenses BEA107C (Minneapolis-St. Paul, MN-WI-IA) and BEA164C (Sacramento-Yolo, CA) Provides
• http://wireless.fcc.gov/auctions/general/releases/DA-12-440.doc
  • Auction 73, is equal to fifteen percent (15%) of the defaulter's bid, or the subsequent winning bid, whichever is less. In the event that the subsequent winning bid is greater than or equal to the defaulted bid, the total default payment is equal to fifteen percent (15%) of the defaulted bid. As shown in Attachment A, in accordance with section 1.2104(g)(2) of the Commission's rules, we have completed the final default payment calculation and, after applying the monies SAI has on deposit, SAI owes an outstanding balance of $110,800.00. 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
• http://wireless.fcc.gov/auctions/general/releases/DA-12-441.doc
  • Auction 40, is equal to three percent (3%) of the defaulter's bid, or the subsequent winning bid, whichever is less. In the event that the subsequent winning bid is greater than or equal to the defaulted bid, the total default payment is equal to three percent (3%) of the defaulted bid. As shown in Attachment A, in accordance with section 1.2104(g)(2) of the Commission's rules, we have completed the final default payment calculation and, after applying the monies Golden Arrow has on deposit, Golden Arrow owes an outstanding balance of $25,011.50. 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
• http://wireless.fcc.gov/auctions/general/releases/DA-12-442.doc
  • Auction 5, is equal to three percent (3%) of the defaulter's bid, or the subsequent winning bid, whichever is less. In the event that the subsequent winning bid is greater than or equal to the defaulted bid, the total default payment is equal to three percent (3%) of the defaulted bid. As shown in Attachment A, in accordance with section 1.2104(g)(2) of the Commission's rules, we have completed the final default payment calculation and, after applying the monies Longstreet has on deposit, Longstreet owes an outstanding balance of $1,045,600.89. 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
• http://wireless.fcc.gov/auctions/general/releases/DA-12-443.doc
  • Auction 62, is equal to three percent (3%) of the defaulter's bid, or the subsequent winning bid, whichever is less. In the event that the subsequent winning bid is greater than or equal to the defaulted bid, the total default payment is equal to three percent (3%) of the defaulted payment. As shown in Attachment A, in accordance with section 1.2104(g)(2) of the Commission's rules, we have completed the final default payment calculation and, after applying the monies you have on deposit, you owe an outstanding balance of $201,908.75. 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
• http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
  • read in its entirety to understand all the reasons a particular rule or portion thereof is modified or removed. For example, portions of section 22.962 are removed because they are redundant with the Bureau's broad delegation of authority to conduct auctions. 47 C.F.R. � 0.331(d); see supra note 9. Section 22.962 is also removed because it is redundant with section 1.2104. 47 C.F.R. �� 1.2104, 22.962; see paragraph 8. 25 47 C.F.R. �� 1.2107(e), 1.2110(f)(3)(ii)(B), (f)(3)(iii)-(iv), (vii), 21.956(b)(3), 21.960(b)(4), 22.223(b)(3), 24.321(c)(1), 24.709, 24.711(b)-(b)(2), 24.712(a)-(b), 24.714(d)(1), (d)(2)(i), (iii), (d)(3)(i), (ii), 24.716(b)-(b)(2), 24.717(a)-(b), 24.720(b)(5), (c)(2), (j)(2), (k)(4), (n)(3)-(4), 27.15(d)-(e), 73.3571(h)(4)(i), 73.3573(f)(5)(ii), 73.5005(a), 73.5006(d), 80.1252(d), 90.705, 90.813(d)(2)(ii)-(iv), (3)(ii), (e), (f), 90.814(a)(3), 90.910(a), 90.1017(a), 90.1025(b), 90.1103(d), 95.816(e), 95.823(c)(2)(i), (iii), (3), 101.538(c), and 101.1319(b). 26 Thus,
• http://wireless.fcc.gov/auctions/general/releases/da980419.pdf http://wireless.fcc.gov/auctions/general/releases/da980419.txt http://wireless.fcc.gov/auctions/general/releases/da980419.wp
  • DA 98-419 CIRI Comments at 15-16. 336 PCIA Comments at 7; AirTouch Comments at 9. 337 AirTouch Comments at 9. 338 See Section III.D.b, supra. See also BDPCS, Inc. Emergency Petition for Waiver of Section 24.711(a)(2) of 339 the Commission's Rules, Memorandum Opinion and Order, 12 FCC Rcd 3230 (1997). See Report to Congress at 39. 340 47 C.F.R. �� 1.2104(g), 1.2110(e)(4)(iii). See also 31 U.S.C. Chapter 37; 4 C.F.R. Parts 101-105; 47 C.F.R. 341 Part 1, Subpart O. 5 its obligation and will be subject to license cancellation pursuant to Section 1.2104(g)(2) of the Commission's rules. 8. The last sentence of paragraph 122 of the Third Report and Order is corrected to conform to Section 1.2110(f)(4)(iv) to read as follows:
• http://wireless.fcc.gov/auctions/general/releases/fc000189.doc http://wireless.fcc.gov/auctions/general/releases/fc000189.pdf http://wireless.fcc.gov/auctions/general/releases/fc000189.txt
  • would apply to corporate debt, i.e., rates on corporate bonds offered by Qualcomm or similarly situated firms. We believe that 11.5% is a reasonable estimate of this market cost of debt at the time the payment stream would have begun. Third Report and Order, 9 FCC Rcd at 1339 (para. 8). See 47 C.F.R. � 1.2106. See 47 C.F.R. �� 1.2104(g)(1),(2). See Part 1 of the Commission's Rules, Subpart Q, Competitive Bidding Proceedings, 47 C.F.R. � 1.2101 et seq. 47 C.F.R. � 1.2105. 47 C.F.R. � 1.2112. 47 C.F.R. � 1.2107. See 47 C.F.R. � 1.2108(b). See 47 C.F.R. � 1.2109(a). Commission staff will provide further guidance regarding notification procedures. (continued....) Federal Communications Commission FCC 00-189 Federal Communications Commission FCC 00-189
• http://wireless.fcc.gov/auctions/general/releases/fc000274.doc http://wireless.fcc.gov/auctions/general/releases/fc000274.pdf http://wireless.fcc.gov/auctions/general/releases/fc000274.txt
  • Reply Comment Date: 66 days after publication in the Federal Register By the Commission: TABLE OF CONTENTS Paragraph I. Overview 1 II. Executive Summary 3 III. Order on Reconsideration of the Third Report and Order 6 A. Introduction 6 B. Clarification of Prohibition on Collusion 7 C. Clarification of Section 1.2112 9 D. Computation of Bid Withdrawal Payments Under Section 1.2104 13 E. Installment Payment Grace Periods and Imposition of Late Payment Fees 16 F. Installment Payment Restructuring 29 G. Installment Payment Obligations Under Assignments of Licenses and Transfers of Control 31 H. Clarification of Unjust Enrichment Rules 34 I. Inapplicability of Section 1.2104 to Installment Payment Defaults 38 J. Eligibility for Participation 40 IV. Fifth Report and Order 44 A.
• 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
  • application. Whether to modify the practice of refunding upfront payments before the end of the auction to bidders that lose eligibility to continue in the auction. Whether to require that winning bidders against whom petitions to deny are filed make their second down payments at the same time as those against whom no petitions are filed. Whether to amend Section 1.2104(g) to apply uniform default rules to all auctionable services and all auction designs. Whether to allow for "real time" bidding in simultaneous multiple round auctions. Whether to amend Section 1.2104 to specify that the Commission may establish minimum opening bids, rather than only suggested minimum opening bids. Whether to adopt for all auctionable services our broadband PCS rules governing bid
• 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
  • to submit ownership information for one auction that will be stored in a central database and updated as necessary for subsequent auctions, instead of requiring resubmission of ownership information on each short-form and long-form application. Affirms our policy of refunding upfront payments before the end of the auction to bidders that lose eligibility to continue in the auction. Amends Section 1.2104(g) to apply uniform default rules to all auctionable services and all auction designs. Amends Sections 1.2109(a) and 1.2110(e) to permit auction winners who have submitted a timely down payment to submit their final payments on the licenses which they have won 10 business days after the applicable deadline, provided they also pay an appropriate late fee. Modifies our rules applicable
• http://wireless.fcc.gov/auctions/general/releases/part1rul.doc http://wireless.fcc.gov/auctions/general/releases/part1rul.pdf
  • and/or combinations of licenses. (c) The Commission may use single combined auctions, which combine bidding for two or more substitutable licenses and award licenses to the highest bidders until the available licenses are exhausted. This technique may be used in conjunction with any type of auction. (d) The Commission may use real time bidding in all electronic auction designs. � 1.2104 Competitive bidding mechanisms. (a) Sequencing. The Commission will establish the sequence in which multiple licenses will be auctioned. (b) Grouping. In the event the Commission uses either a simultaneous multiple round competitive bidding design or combinatorial bidding, the Commission will determine which licenses will be auctioned simultaneously or in combination. (c) Reservation Price. The Commission may establish a reservation price,
• http://wireless.fcc.gov/releases/da02508.pdf http://wireless.fcc.gov/releases/da02508.txt
  • pays a late fee equal to five percent of the amount due. See 47 C.F.R. �� 1.2109(a), 24.711(a)(2), 24.716(a)(2). If the winning bidder listed on Attachment A fails to pay the balance of its winning bids by the late payment deadline of April 1, 2002, it will be in default and subject to applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c), 24.708(b). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g), 1.2109(c), and 24.708(b) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c), 24.708(b). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment
• http://wireless.fcc.gov/rss/index.htm?job=ainf&id=23
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit http://wireless.fcc.gov/auctions/default.htm?job=auction_summary&id=23T his feed provides releases, keys dates and auction results for Auction 23. en-usTue, 06 Dec 2005 09:57:08 EST http://wireless.fcc.gov/images/fcclogowords.gif http://wireless.fcc.gov/auctions/default.htm?job=auction_summary&id=23 http://wireless.fcc.gov/auctions/default.htm?job=release&id=84&y=2006Tu e, 31 Oct 2006 05:00:00 GMThttp://wireless.fcc.gov/auctions/default.htm?job=release&id=90&y=200 6Tue, 31 Oct 2006 05:00:00 GMThttp://wireless.fcc.gov/auctions/default.htm?job=release&id=94&y=200 6Tue, 31 Oct 2006 05:00:00 GMTThis Order addresses a request for waiver of Sections 1.2109(a) and (c), 1.2104(g) and 101.1105(b) of the Commission's Rules filed by LMDS Communications, Inc.http://wireless.fcc.gov/auctions/default.htm?job=release&id=153&y=2 000Fri, 17 Mar 2000 05:00:00 GMTThis Order denies Grand Connectivity's waiver request, assesses an initial default payment, and returns the remaining portion of Grand Connectivity's upfront payment.http://wireless.fcc.gov/auctions/default.htm?job=release&id=87& y=1999Fri, 27 Aug 1999 04:00:00 GMTThis Order denies five petitions for reconsideration of an earlier Order denying ten requests for waiver of
• http://wireless.fcc.gov/rss/index.htm?job=ainf&id=35
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit http://wireless.fcc.gov/auctions/default.htm?job=auction_summary&id=35T his feed provides releases, keys dates and auction results for Auction 35. en-usWed, 01 Dec 2010 05:00:00 GMT http://wireless.fcc.gov/images/fcclogowords.gif http://wireless.fcc.gov/auctions/default.htm?job=auction_summary&id=35 Provides Notice and Demand Pursuant to Section 1.2104(g)(1) of the Commission's Rules.http://wireless.fcc.gov/auctions/default.htm?job=release&id=285&y =2010Wed, 01 Dec 2010 05:00:00 GMTAssessed the final default payment obligation of TPS Utilicom, Inc. for Auction No. 35http://wireless.fcc.gov/auctions/default.htm?job=release&id=3459&y=20 07Thu, 30 Aug 2007 04:00:00 GMThttp://wireless.fcc.gov/auctions/default.htm?job=release&id=2014&y=2 006Tue, 31 Oct 2006 05:00:00 GMThttp://wireless.fcc.gov/auctions/default.htm?job=release&id=2015&y=2 006Tue, 31 Oct 2006 05:00:00 GMThttp://wireless.fcc.gov/auctions/default.htm?job=release&id=2016&y=2 006Tue, 31 Oct 2006 05:00:00 GMThttp://wireless.fcc.gov/auctions/default.htm?job=release&id=2017&y=2 006Tue, 31 Oct 2006 05:00:00 GMTCalculation of Citifone PCS, LLC Final Default Payment
• http://wireless.fcc.gov/rss/index.htm?job=ainf&id=37
  • to its default arising ouf of a Commission auction of FM broadcast construction permits (Auction 37).http://wireless.fcc.gov/auctions/default.htm?job=release&id=183&y=2 008Wed, 01 Oct 2008 04:00:00 GMTGranted request for compromise of debt obligations incurred as a result of withdrawing provisionally winning bids during Auction 37.http://wireless.fcc.gov/auctions/default.htm?job=release&id=213&y=20 08Fri, 22 Aug 2008 04:00:00 GMTAddressed several petitions and requests seeking relief from bid withdrawal payment obligations incurred under Section 1.2104(g) of the Commission's rules as a result of withdrawing provisionally winning bids in Auction No. 37.http://wireless.fcc.gov/auctions/default.htm?job=release&id=135&y=20 08Wed, 02 Jul 2008 04:00:00 GMThttp://wireless.fcc.gov/auctions/default.htm?job=release&id=3596&y=2 007Mon, 22 Oct 2007 04:00:00 GMTProvided notice of the interim default payment obligation for College Creek Broadcasting, Inc. with respect to its default arising out of a Commission auction of FM broadcast construction permits.http://wireless.fcc.gov/auctions/default.htm?job=release&id=89& y=2007Fri, 03 Aug 2007
• http://wireless.fcc.gov/rss/index.htm?job=ainf&id=66
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit http://wireless.fcc.gov/auctions/default.htm?job=auction_summary&id=66T his feed provides releases, keys dates and auction results for Auction 66. en-usWed, 01 Dec 2010 05:00:00 GMT http://wireless.fcc.gov/images/fcclogowords.gif http://wireless.fcc.gov/auctions/default.htm?job=auction_summary&id=66 Provides Notice and Demand Pursuant to Section 1.2104(g)(1) of the Commission's Rules.http://wireless.fcc.gov/auctions/default.htm?job=release&id=284&y =2010Wed, 01 Dec 2010 05:00:00 GMTProvides Notice and Demand Pursuant to Section 1.2104(g)(1) of the Commission's Rules.http://wireless.fcc.gov/auctions/default.htm?job=release&id=282&y =2010Tue, 30 Nov 2010 05:00:00 GMTDenied a request by Denali Spectrum License Sub, LLC, to forbear from enforcement of the unjust enrichment provisions of section 1.2111(d)(2)(i) of the Commission's rules.http://wireless.fcc.gov/auctions/default.htm?job=release&id=148&y =2010Tue, 25 May 2010 04:00:00 GMTExtended by 90 days
• http://wireless.fcc.gov/rss/index.htm?job=ainf&id=71
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit http://wireless.fcc.gov/auctions/default.htm?job=auction_summary&id=71T his feed provides releases, keys dates and auction results for Auction 71. en-usFri, 21 Jan 2011 05:00:00 GMT http://wireless.fcc.gov/images/fcclogowords.gif http://wireless.fcc.gov/auctions/default.htm?job=auction_summary&id=71 This Order Denies Two Petitions to Deny and an Informal Request Filed by AST Telecom, LLC.http://wireless.fcc.gov/auctions/default.htm?job=release&id=5&y=201 1Fri, 21 Jan 2011 05:00:00 GMTProvides Notice and Demand Pursuant to Section 1.2104(g)(1) of the Commission's Rules.http://wireless.fcc.gov/auctions/default.htm?job=release&id=283&y =2010Tue, 30 Nov 2010 05:00:00 GMTThe FCC announces the close of and winning bidders for Auction No. 71.http://wireless.fcc.gov/auctions/default.htm?job=release&id=64&y=200 7Fri, 25 May 2007 04:00:00 GMT Summary Licenses: 38 licenses for A, C, D, E and F blocks of broadband PCS spectrum with certain C block licenses available only to entrepreneurs in closed bidding Qualified Bidders: 23 Rounds
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2010&m=11&t=Order
  • 11/30/2010 WTB Orders (DA 10-2257) Ramona P. Patts, Division of Support Services Administrator, City of Columbus Denied Columbus' waiver request and dismissed its late-filed renewal application DA-10-2257A1_Rcd: [49]pdf DA-10-2257A1: [50]pdf - [51]word - [52]txt 11/30/2010 WTB Orders (DA 10-2261) Final Bid Withdrawal Payment for Bid on Auction 66 License AW-REA012-F (Gulf of Mexico) Provides notice and demand pursuant to Section 1.2104(g)(1) of the Commission's rules DA-10-2261A1_Rcd: [53]pdf DA-10-2261A1: [54]pdf - [55]word - [56]txt 11/30/2010 WTB Orders (DA 10-2264) Final Bid Withdrawal Payment for Bids on Auction 71 Licenses CW-BTA492-D, CW-BTA492-E, and CW-BTA492-F Provides notice and demand pursuant to Section 1.2104(g)(1) of the Commission's rules DA-10-2264A1_Rcd: [57]pdf DA-10-2264A1: [58]pdf - [59]word - [60]txt 11/29/2010 WTB Orders (DA 10-2241) INNOVATION WIRELESS Denied the
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2010&m=12&t=Order
  • FOR END-OF-TRAIN DEVICES TO EXCEED POWER LIMIT FOR TELEMETRY OPERATIONS IN THE 450-470 MHZ BAND Granted the waiver requests with conditions. Granted a waiver to permit the equipment authorization... DA-10-2293A1_Rcd: [65]pdf DA-10-2293A1: [66]pdf - [67]word - [68]txt 12/01/2010 WTB Orders (DA 10-2262) Final Bid Withdrawal Payment for Bids on Auction 66 License AW-BEA114-C Provides notice and demand pursuant to Section 1.2104(g)(1) of the Commission's rules DA-10-2262A1_Rcd: [69]pdf DA-10-2262A1: [70]pdf - [71]word - [72]txt 12/01/2010 WTB Orders (DA 10-2271) Final Default Payment for Auction 35 License CW-BTA127-C1 (Elmira-Corning-Hornell, NY) Provides notice and demand pursuant to Section 1.2104(g)(1) of the Commission's rules DA-10-2271A1_Rcd: [73]pdf DA-10-2271A1: [74]pdf - [75]word - [76]txt 12/01/2010 WTB Orders (DA 10-2275) Final Default Payment for Auction 21 Licenses BEA107C
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99204.doc http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99204.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99204.txt http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99204.wp
  • concerning them. Service-specific rules require upfront payments in particular auctions. See, e.g., 47 C.F.R. � 24.706 (upfront payment rule for broadband PCS auctions). Public Notice, Report No. AUC-94-04, released September 19, 1994 (setting forth auction procedures, including activity requirements, bid increments and stopping rules, for the FCC's auction of A & B block broadband PCS licenses). See 47 C.F.R. � 1.2104. Specific bidding procedures for each auction are usually announced by way of a public notice issued prior to the auction. See, e.g., Public Notice, Report No. AUC-94-04, released September 19, 1994 (setting forth auction procedures, including activity requirements, bid increments and stopping rules, for the FCC's auction of A & B block broadband PCS licenses). See, e.g., 47 C.F.R. �
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da000763.doc
  • listed in Attachment A who fails to pay the balance of the winning bid(s) by the late payment deadline of May 4, 2000, will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicants will be assessed default payments as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Mass Media Bureau will announce the grant of those construction permits for which the Commission has received the timely final payment of the winning bid amount(s). Individual facility authorizations will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction 25 will be dismissed following grant
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da001084.doc
  • listed in Attachment A who fails to pay the balance of the winning bid(s) by the late payment deadline of June 15, 2000, will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicants will be assessed default payments as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Mass Media Bureau will announce the grant of those construction permits for which the Commission has received the timely final payment of the winning bid amount(s). Individual facility authorizations will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction 25 will be dismissed following grant
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da001595.doc
  • listed in Attachment A who fails to pay the balance of the winning bid(s) by the late payment deadline of August 15, 2000, will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicants will be assessed default payments as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Mass Media Bureau will announce the grant of those construction permits for which the Commission has received the timely final payment of the winning bid amount(s). Individual facility authorizations will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction 25 will be dismissed following grant
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da001871.doc
  • listed in Attachment A who fails to pay the balance of the winning bid by the late payment deadline of September 14, 2000, will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicants will be assessed default payments as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Mass Media Bureau will announce the grant of those construction permits for which the Commission has received the timely final payment of the winning bid amount. Individual facility authorizations will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction 25 will be dismissed following grant
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da002109.doc
  • listed in Attachment A who fails to pay the balance of the winning bid by the late payment deadline of October 13, 2000, will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicants will be assessed default payments as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Mass Media Bureau will announce the grant of those construction permits for which the Commission has received the timely final payment of the winning bid amount. Individual facility authorizations will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction 25 will be dismissed following grant
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da002345.doc
  • listed in Attachment A who fails to pay the balance of the winning bid(s) by the late payment deadline of November 17, 2000, will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicants will be assessed default payments as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Mass Media Bureau will announce the grant of those construction permits for which the Commission has received the timely final payment of the winning bid amount(s). Individual facility authorizations will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction 25 will be dismissed following grant
• http://www.fcc.gov/Bureaus/Miscellaneous/Orders/1997/fcc97050.pdf http://www.fcc.gov/Bureaus/Miscellaneous/Orders/1997/fcc97050.txt http://www.fcc.gov/Bureaus/Miscellaneous/Orders/1997/fcc97050.wp
  • any combination of markets covered by the entire payment; and (3) increasing the number of bidding rounds per day, taking advantage of the experience that many participants will have acquired in Federal Communications Commission FCC 97-50 ADC Comments at 21-22. 361 BANM Comments at 8. 362 ALLTEL Comments at 4. 363 AT&T Comments at 5-6. 364 See 47 C.F.R. � 1.2104(d). 365 84 earlier auctions. Another commenter also suggests that the Commission can conduct multiple 361 rounds per day.362 169. ALLTEL supports the exclusive use of electronic bidding and filing procedures if MTA service areas are used, which it believes will facilitate the administration of an auction for 306 licenses (six 5 MHz blocks over 51 MTAs). AT&T, a proponent of
• http://www.fcc.gov/Bureaus/Wireless/Orders/1997/fcc97342.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/1997/fcc97342.txt http://www.fcc.gov/Bureaus/Wireless/Orders/1997/fcc97342.wp
  • higher bidder credits in lieu of installment payments, or whether we should require, in an effort to reduce the likelihood of defaults, supplementation of the upfront payment during an auction when the cumulative high bids exceed some multiple of the upfront payment.25 We sought comment on (1) imposing late payment fees on installment payments; (2) the default provisions of Section 1.2104(g) in the event of installment payment defaults; and (3) revised procedures for granting grace period requests.26 Many commenters opposed any new fees for late submission of installment payments, and many favored simplified grace period procedures.27 14. On March 31, 1997, in response to a joint request from several C block licensees seeking to modify their installment payment obligations, and because
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992494.doc
  • 1999 Mr. Jeremy Greene 2629 Manchester Court Thousand Oaks, California 91362 Dear Mr. Greene: This letter responds to your request for waiver of the Federal Communications Commission's (``Commission'') competitive bidding rules, which was filed as Exhibit F to your Form 601, submitted on July 16, 1999. Specifically, you ask for waiver of the Commission's bid withdrawal payment rule, Sections 90.1007, 1.2104 (g). For the reasons stated below we deny your request. Additionally, in the conclusion of your waiver request you make mention of a ``payment plan.'' To the extent your request also seeks an installment payment plan, such a request is denied for the reasons stated in our First Waiver Denial. I. Background. As noted in prior correspondence and decisions related
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992667.doc
  • July 1994 auction. The second auction was scheduled to commence on February 18, 1997. However, on January 29, 1997, the Bureau announced postponement of the second auction. See Wireless Telecommunications Bureau Postpones February 18, 1997 Auction Date for 981 Interactive Video and Data Service (IVDS) Licenses, Public Notice, 12 FCC Rcd. 1389 (1997). Letter at 2. See 47 C.F.R. � 1.2104(g)(1)-(2). Petition at 1-2. Id. at 2. Id. Phoenix Data states that those efforts include attempts to develop a wireless telecommunications data service for the vending machine industry, and two applications to develop 218-219 MHz service to serve educational needs. Id. Implementation of Section 309(j) of the Communications Act - Competitive Bidding, Second Report and Order, PP Docket No. 93-253, 9
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992836.doc
  • Division, to Carl Davis (undated) (Letter). Auction No. 13 was initially scheduled to commence on February 18, 1997. However, on January 29, 1997, the auction was postponed. See Wireless Telecommunications Bureau Postpones February 18, 1997 Auction Date for 981 Interactive Video and Data Service (IVDS) Licenses, Public Notice, 12 FCC Rcd. 1389 (1997). Letter at 2. See 47 C.F.R. � 1.2104(g)((1)-(2). Waiver Request at 2. Id. at 2. Id. at 4. Id. at 3, 5. Carl N. Davis Amendment to Emergency Request for Contingent Waiver and Reinstatement of Licenses (filed Nov. 22, 1999) (Amendment to Waiver Request). Id. at 2. Waiver Request at 4. See Requests for Waivers in the First Auction of 594 Interactive Video and Data Service Licenses, Order,
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99372.doc
  • Allow Interactive Video and Data Service Licensees to Provide Mobile Services (proceeding terminated), Order, Memorandum Opinion and Order, and Notice of Proposed Rulemaking, 13 FCC Rcd 19064, 19086 (1998) (``218-219 MHz Flex NPRM''). 218-219 MHz Report and Order, at � 53. Fifteen percent of the twenty percent down payment equals three percent of the purchase price. See 47 C.F.R. � 1.2104(g)(2). We also distinguish for the same reasons the circumstances under which we provided a credit on down payments for returned C block licenses where the licensees elected to prepay retained or disaggregated licenses. Similarly, we distinguish that aspect of the disaggregation option in C block whereby a licensee could apply a portion of the half of the down payment associated
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000122.doc
  • the License of WMAR-TV, Baltimore, Maryland, Memorandum Opinion and Order, 6 FCC Rcd. 81, 82 (1990) (Specific facts, not speculative suggestions, that a rule waiver request is not in the public interest are necessary when seeking a denial of such request.). 47 C.F.R. � 1.2109(b)(1994) (A winning bidder who defaults will be liable for the penalty set forth in � 1.2104(g)(2). In such event, the Commission may conduct another auction for the license or offer it to the other highest bidders.); 47 C.F.R. � 1.2104(g)(2)(1994) (If the defaulting party's bid is greater than the subsequent winning bid when the license is re-auctioned, the penalty will be equal to the difference between the two bids. An additional penalty equal to three percent
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000556.doc
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit N � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of LMDS COMMUNICATIONS, INC. Request for Waiver of Sections 1.2109(a) and (c), 1.2104(g) and 101.1105(b) of the Commission's Rules Regarding BTA117, BTA122, BTA203, BTA215, BTA218, BTA287, BTA317, BTA328, BTA330, BTA335, BTA375 and BTA416 ) ) ) ) ) ) ) ) ) FCC File No. 0000013644 Adopted: March 10, 2000 Released: March 17, 2000 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: INTRODUCTION AND BACKGROUND This Order addresses a
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001522.doc
  • difference between the gross bids, the three percent payment will be computed on the lower of the net bids. However, if the differences between both the gross bids and the net bids are less than or equal to zero, three percent payment will be computed on the lower of the net bids. The purpose of the default payment provisions, section 1.2104(g)(2) of the Commission's rules, is to assure that the winning bidder is obligated to pay the full amount of its winning bid (less any mitigation of damages arising from a subsequent auction of the spectrum) even if the winning bidder defaults or is determined to be disqualified and is never granted a license. The winning bidder's contractual obligation to pay
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001715.doc
  • be applied to this initial default payment (BEA 107C). If additional payment is required after BEA 107C is re-auctioned, a second order will be issued to assess the amount due. IV. Ordering Clauses 8. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act, as amended, 47 U.S.C. �� 154(i), 309, and sections 0.331 and 1.2104 of the Commission's Rules, 47 C.F.R. �� 0.331, 1.2104, the Form 175 application for Market BEA 107C, Minneapolis - St. Paul, MN-WI-IA, filed by Metro-Trak, L.L.C. IS DISMISSED. 9. IT IS FURTHER ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and sections 0.331 and 1.2104(g) of the Commission's rules, 47
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001716.doc
  • fixed and established at the close of the auction. A winning bidder that defaults on its full payment obligation will, therefore, be required to make the Commission whole for the amount of the winning bid, subject to any mitigation of damages produced by the subsequent auction of the license (or licenses) for the same spectrum. 12. Accordingly, pursuant to sections 1.2104(g)(2) and 1.2106(c) the Commission's rules, Metro-Trak is subject to default payment obligations. Specifically, Metro-Trak is required to pay the difference between the amount bid and the amount of the winning bid the next time the license is offered by the Commission (so long as the subsequent winning bid is less than the defaulted bid), plus an additional payment equal to
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.txt
  • 47 U.S.C. � 337(f)(1). AirTouch Comments at 30-31. KM Comments at 3; MSTV Comments at 9-10. APCO Comments at 6; Southern Comments at 4n.8, 8. See Section I, supra. See 47 C.F.R. � 1.2105(a)(2)(viii); 47 C.F.R. � 1.2105(c). See 47 C.F.R. � 27.502(a). See Part 1 Third Report and Order, 13 FCC Rcd 374, 447-49, paras. 124-25. 47 C.F.R. � 1.2104(g). We adopted a similar rule for the General Wireless Communications Service. See Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use, ET Docket No. 94-32, Second Report and Order, 11 FCC Rcd 624, 652-53, paras. 71-73 (1995). See NPRM at para. 83. Id. Id. The most recent comprehensive order in this proceeding was the Third Report and Order
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00189.doc
  • would apply to corporate debt, i.e., rates on corporate bonds offered by Qualcomm or similarly situated firms. We believe that 11.5% is a reasonable estimate of this market cost of debt at the time the payment stream would have begun. Third Report and Order, 9 FCC Rcd at 1339 (para. 8). See 47 C.F.R. � 1.2106. See 47 C.F.R. �� 1.2104(g)(1),(2). See Part 1 of the Commission's Rules, Subpart Q, Competitive Bidding Proceedings, 47 C.F.R. � 1.2101 et seq. 47 C.F.R. � 1.2105. 47 C.F.R. � 1.2112. 47 C.F.R. � 1.2107. See 47 C.F.R. � 1.2108(b). See 47 C.F.R. � 1.2109(a). Commission staff will provide further guidance regarding notification procedures. (continued....) Federal Communications Commission FCC 00-189 Federal Communications Commission FCC 00-189
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00224.doc
  • 1 of the Commission's Rules - Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making, 12 FCC Rcd 5686, 5697-98 (para. 16) (1997). For instance, we note that in the Package Bidding Comment PN, the Bureau sought comment on modifications to the general competitive bidding default payment rule, 47 C.F.R. � 1.2104(g)(2). See 700 MHz First Report and Order, 15 FCC Rcd at 529-30 (para. 133). See 47 C.F.R. � 1.2110(e)(2)(iii) and � 1.2110(e)(2)(ii), respectively. We noted that the consortium must observe the Commission's Rules, including Section 1.2105(a), which requires that consortium applicants identify all consortium members and any agreements relating to the post-auction market structure, and the anti-collusion provisions of Section
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00243.doc
  • below, we deny BDPCS's Application for Review and its Waiver Request. III. DISCUSSION 8. In its Application for Review, BDPCS seeks to have its default payment obligation reduced to $24,930,564.73, which would represent a payment of three percent of the lower of BDPCS's bid or the winning bid when the licenses were subsequently offered for auction, as mandated in Sections 1.2104(g)(2) and 24.704(a)(2) of the Commission's rules. BDPCS requests that it be excused from paying the remainder of the default payment required in our rules, i.e., the total difference between BDPCS's winning bids and the amount of the winning bids in Auction No. 10 for those licenses that attracted lower winning bids in the subsequent auction (cumulatively $42,765,088.50). BDPCS reasons that
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00274.doc
  • Reply Comment Date: 66 days after publication in the Federal Register By the Commission: TABLE OF CONTENTS Paragraph I. Overview 1 II. Executive Summary 3 III. Order on Reconsideration of the Third Report and Order 6 A. Introduction 6 B. Clarification of Prohibition on Collusion 7 C. Clarification of Section 1.2112 9 D. Computation of Bid Withdrawal Payments Under Section 1.2104 13 E. Installment Payment Grace Periods and Imposition of Late Payment Fees 16 F. Installment Payment Restructuring 29 G. Installment Payment Obligations Under Assignments of Licenses and Transfers of Control 31 H. Clarification of Unjust Enrichment Rules 34 I. Inapplicability of Section 1.2104 to Installment Payment Defaults 38 J. Eligibility for Participation 40 IV. Fifth Report and Order 44 A.
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00330.doc
  • 309, 332, 336, and 337 unless otherwise noted. 2. Section 27.501 is amended by adding a note to read as follows: Note: For auctions of licenses in the 747-762 and 777-792 MHz Bands using a package bidding design, the payments imposed on bidders who default on payments due after an auction closes or who are disqualified, set forth in Section 1.2104(g) of the Commission's Rules, shall be calculated as follows. The default payment consists of a deficiency portion and an additional payment. The additional payment shall be 25 percent of the subsequent winning bid(s) or the defaulting bids, whichever is less. In the case that either the subsequent winning bid(s) or the defaulting bid(s) is subject to bidding credits, the additional
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1997/da970883.html http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1997/da970883.txt
  • default will be assessed a default payment equal to the difference between its winning bid and the winning bid the next time the license is offered by the Commission. An additional default payment equal to three (3) percent of the lesser of the subsequent winning bid or the defaulting applicant's winning bid will also be assessed. See 47 C.F.R. 1.2110(e)(2), 1.2104(g). D and E Block Licenses Grant of each D and E block license identified in this Public Notice is expressly conditioned on payment of the remaining balance of the applicant's winning bid within 10 business days of the date of this Public Notice (i.e., by May 12, 1997). See 47 C.F.R. 1.2109(a), 24.708(a).[5]^(1) F Block Licenses Final Down Payment. All
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da980230.pdf http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da980230.txt http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da980230.wp
  • for Workgroups 3.11, or Windows 95. This includes any other emulated Windows environment. Bid Submission Advisory: Once the auction commences, applicants are reminded to be careful to verify their bids prior to submission to avoid mistakes. Normally, a bidder that withdraws a high bid during the course of an auction is subject to a withdrawal payment. See 47 C.F.R. � 1.2104(g)(1). Bidders therefore should pay close attention to their bids and utilize all available safeguards to ensure that bids are not submitted in error. Once a bid is submitted, bidders are fully responsible for the consequences of any errors they make, unless relief is granted. Long-Form Applications: Applicants should be aware that at the long-form application stage, they will be subject
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da980572.pdf
  • Section 309(j) of the Communications Act -- Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5563 at n. 51 (1994); see also C.H. PCS, Inc., DA 96-1825 (rel. Nov. 4, 1996) (requiring a three percent deposit). When it becomes possible to calculate and assess the payment, we will notify these bidders. See 47 C.F.R. � 1.2104(g)(2). As discussed above, a bidder's upfront payment will be applied toward its withdrawn bid payment. Refund of excess upfront payments (for winning bidders). Upfront monies on deposit which are in excess of the required down payment, withdrawal and default payment amounts will be refunded to the payor of record promptly. Bidders who prefer refunds to be sent by wire transfer
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da982143.pdf
  • subsequent net winning bid, or the difference between the gross withdrawn bid and the subsequent gross winning bid, whichever is less. No withdrawal 4 payment is assessed if the subsequent winning bid exceeds the withdrawn bid. This payment amount is deducted from any upfront payments or down payments that the withdrawing bidder has deposited with the Commission. See 47 C.F.R. 1.2104(g)(1). In those cases where the amount of the withdrawal payment cannot yet be determined because there was no winning bid, the withdrawing bidder is required to make a three (3) percent deposit on the net amount bid on the license(s). Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da990528.pdf
  • of High Bidders All Auction Bidders Should Carefully Read and Understand the Following: All high bidders identified in the Public Notice following the close of the auction become obligated, upon release of the Public Notice, to pay the amount of their high bids for each license won in the auction as indicated in the Public Notice and pursuant to Section 1.2104 of the Commission's Rules.8 Pursuant to the Commission's obligations under the Communications Act, the licenses of the high bidder will be held in reserve after the auction pending a determination that the high bidder is qualified to serve as a licensee. In the event a high bidder defaults, or is otherwise found not qualified to be a licensee, it is
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da991591.pdf
  • Other Auction Procedures," Public Notice, DA 99-1103 (rel. June 7, 1999) ("Upper Bands Public Notice"), 64 FR 36009 (July 2, 1999). 2 Section 3002(a), Balanced Budget Act of 1997, Pub. L. 105-33, 111 Stat. 251 (1997) ("Budget Act"); 47 U.S.C. �309(j)(4)(F). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104 (c) and (d). 3 See Upper Bands Public Notice at 3. 4 Small Business in Telecommunications ("SBT"), Personal Communications Industry Association ("PCIA"), Metrocall, Inc. ("Metrocall"), and Morris Communications, Inc. ("Morris") filed comments on June 30, 2 The Upper Band Licenses to Be Auctioned: The licenses available in this auction consist of 12 channels in the 929 MHz band and 37
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da991843.doc
  • 1.2109(a), 90.1015(a). A winning bidder listed on Attachment A who fails to pay the balance of its winning bid by the late payment deadline of October 7, 1999 will be considered in default on its license(s) and subject to the applicable default payments. See 47 C.F.R. �� 1.2109(a), 90.1015(a). Such applicants will be assessed default payments as proscribed by sections 1.2104(g), 1.2109(b) and 90.1007 of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(b), 90.1007. Pending applications that are subject to further review are not listed in Attachment A. Final disposition of the applications which are not listed in Attachment A will be addressed by the Bureau in the near future. Issuance of Final Public Notice and Individual Licenses The Bureau
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992153.doc
  • 175. Questions concerning the calculation and submission of down payments should be directed to Michelle Bennett or Gail Glasser at 202-418-1995. Withdrawal, default and disqualification payments. The Commission imposes payments on bidders that withdraw high bids during the course of an auction, or that default on payments due after an auction closes, or that are disqualified. See 47 C.F.R. �� 1.2104(g), 1.2109(c), 73.5004(a). In Auction No. 25, there were no bid withdrawals during the course of the auction. Bid Default/Disqualification Payments. If a high bidder defaults or is disqualified after the close of the auction, it will be subject to the following payment obligations: 1) the difference between the high bid and the amount of the winning bid the next time
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992154.doc
  • Questions concerning the calculation and submission of the down payment should be directed to Michelle Bennett or Gail Glasser at 202-418-1995. Withdrawal, default and disqualification payments. The Commission imposes payments on bidders that withdraw high bids during the course of an auction, or that default on payments due after an auction closes, or that are disqualified. See 47 C.F.R. �� 1.2104(g), 1.2109(c), 73.5004(a). In Auction No. 27, there were no bid withdrawals during the course of the auction. Bid Default/Disqualification Payments. If a high bidder defaults or is disqualified after the close of the auction, it will be subject to the following payment obligations: 1) the difference between the high bid and the amount of the winning bid the next time
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992165.doc
  • 47 C.F.R. �� 1.2109(a), 90.1015(a). If a winning bidder fails to pay the balance of its winning bid by the late payment deadline of November 10, 1999, it will be considered in default on its license(s) and subject to the applicable default payments. See 47 C.F.R. �� 1.2109(a), 90.1015(a). Such applicants will be assessed default payments as proscribed by sections 1.2104(g), 1.2109(b) and 90.1007 of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(b), 90.1007. Issuance of Final Public Notice and Individual Licenses The Bureau will release a public notice announcing the grant of those licenses in which the Commission has received the timely final payment of the winning bid amount(s). Individual Phase II 220 MHz licenses will be issued shortly
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992624.doc
  • See Report and Order and Second NPRM, 12 FCC Rcd at 18648-49, � 106. See Part 1 Order, Memorandum Opinion and Order, and Notice of Proposed Rule Making, 12 FCC Rcd at 5697-98, � 16 (1997). See Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141 (1998). Id. See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening Bids or Reserve Prices, DA 97-2147, Order, 12 FCC Rcd 16354 (1997); Auction of the Phase II 220 MHz Service Licenses, Auction Notice and Filing Requirements for 908 Licenses
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992958.doc
  • may no longer remove a bid. However, in the next round, a bidder may withdraw standing high bids from previous rounds using the "withdraw bid" function (assuming that the bidder has not exhausted its withdrawal allowance). A high bidder that withdraws its standing high bid from a previous round is subject to the bid withdrawal payments specified in 47 C.F.R. ��1.2104(g) and 1.2109. In previous auctions, we have detected bidder conduct that, arguably, may have constituted strategic bidding through the use of bid withdrawals. While we continue to recognize the important role that bid withdrawals play in an auction, i.e., reducing risk associated with efforts to secure various construction permits in combination, we conclude that, for Auction No. 28, adoption of
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000043.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000043.txt
  • cancellation. Id. at � 125. See 700 MHz First Report and Order at �� 31, 39. See Part 1 Order, 12 FCC Rcd at 5697-98, � 16 (1997). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2378-79, �� 171-176 (1994). See 47 C.F.R. � 1.2104(i). See Balanced Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141 (1998). See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening Bids or Reserve Prices,
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000112.doc
  • limit the number of rounds in which bidders may place withdrawals to two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn in either of these rounds. Withdrawals during the auction will still be subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Bidders should note that abuse of the Commission's bid withdrawal procedures could result in the denial of the ability to bid on a market. If a high bid is withdrawn, the license will be offered in the next round at the second highest bid price, which may be less than, or equal to, in the case of tie bids, the
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000292.doc
  • limit the number of rounds in which bidders may place withdrawals to two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn in either of these rounds. Withdrawals during the auction will still be subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Bidders should note that abuse of the Commission's bid withdrawal procedures could result in the denial of the ability to bid on a market. If a high bid is withdrawn, the license will be offered in the next round at the second highest bid price, which may be less than, or equal to, in the case of tie bids, the
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000504.doc
  • C and F Block Auction,'' Public Notice, DA 00-145 (rel. January 31, 2000). See Part 1 Order, 12 FCC Rcd at 5697-98, � 16 (1997); see also Part 1 Third Report and Order, 13 FCC Rcd at 425, � 86. C Block Fourth Report and Order at 15761-62, � 34, see 47 C.F.R. ��1.2105(a)(2)(xi) and 24.709(a)(5). See 47 C.F.R. � 1.2104(i). See Balanced Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141 (1998). See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening Bids or Reserve Prices,
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000508.doc
  • bidders in Auction No. 26 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids, if applicable. If a bidder's upfront payment is not sufficient to meet both of these requirements, the bidder must deposit additional funds. See 47 C.F.R. �� 1.2107(b), 1.2104(g). The amount now due from each bidder, if any, is set out in the last column of Attachment B. Note that only if a bidder's upfront payment covers the required total of down payments and withdrawn bid payments (as reflected in Attachment B) is no payment or FCC Form 159 necessary at this time. Each bidder's down payment must be
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000548.doc
  • listed in Attachment A who fails to pay the balance of the winning bid(s) by the late payment deadline of April 7, 2000, will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicants will be assessed default payments as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Mass Media Bureau will announce the grant of those construction permits for which the Commission has received the timely final payment of the winning bid amount(s). Individual facility authorizations will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction 25 will be dismissed following grant
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000559.doc
  • 47 C.F.R. � 27.604. See also 700 MHz First Report and Order at �� 31, 39. See Part 1 Order, 12 FCC Rcd at 5697-98, � 16 (1997). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2378-79, �� 171-176 (1994). See 47 C.F.R. � 1.2104(i). See Balanced Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141 (1998). See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening Bids or Reserve Prices,
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000667.doc
  • delay, suspension or cancellation. Id. at � 125. See Second Report and Order at 19157, � 236 (1997). See Part 1 Order, 12 FCC Rcd at 5697-98, � 16 (1997). See Implementation of Section 309(j) of the Communications Act-Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2378-79, �� 171-176 (1994). See 47 C.F.R. � 1.2104(i). See Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141 (1998). See, e.g., Auction of 800 MHz SMR, Minimum Opening Bids or Reserve Prices, DA 97-2147, Order, 12 FCC
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000668.doc
  • delay, suspension or cancellation. Id. at � 125. See Second Report and Order at 19157, � 236 (1997). See Part 1 Order, 12 FCC Rcd at 5697-98, � 16 (1997). See Implementation of Section 309(j) of the Communications Act-Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2378-79, �� 171-176 (1994). See 47 C.F.R. � 1.2104(i). See Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141 (1998). See, e.g., Auction of 800 MHz SMR, Minimum Opening Bids or Reserve Prices, DA 97-2147, Order, 12 FCC
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000690.doc
  • 175. Questions concerning the calculation and submission of down payments should be directed to Michelle Bennett or Gail Glasser at 202-418-1995. Withdrawal, default and disqualification payments. The Commission imposes payments on bidders that withdraw high bids during the course of an auction, or that default on payments due after an auction closes, or that are disqualified. See 47 C.F.R. �� 1.2104(g), 1.2109(c), 73.5004(a). In Auction No. 28, there were no bid withdrawals during the course of the auction. Bid Default/Disqualification Payments. If a high bidder defaults or is disqualified after the close of the auction, it will be subject to the following payment obligations: 1) the difference between the high bid and the amount of the winning bid the next time
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000989.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000989.txt
  • C.F.R. �� 1.2109(a), 90.1015(a). If Progeny fails to pay the balance of its winning bids by the late payment deadline of June 2, 2000, it will be considered in default on its licenses and subject to the applicable default payments. See 47 C.F.R. �� 1.2109(a), 90.1015(a). In such a case, Progeny will be assessed default payments as prescribed by sections 1.2104(g), 1.2109(b) and 90.1007 of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(b), 90.1007. Issuance of Individual Licenses Following the timely payment of the balance of the applicant's winning bid amount(s), the Commission will issue individual multilateration LMS licenses for each market to the applicant. Payment Instructions All payments must be made in U.S. currency in the form of a
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001004.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001004.txt
  • late fee equal to five percent of the amount due. See 47 C.F.R. �� 22.215(a), 1.2109(a). A winning bidder listed on Attachment A who fails to pay the balance of its winning bid by the late payment deadline of June 5, 2000, will be considered in default and subject to the applicable default payments. See 47 C.F.R. �� 22.207, 22.215(a), 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as proscribed by sections 22.207, 22.215(a), 1.2104(g), and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 22.207, 22.215(a), 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001035.doc
  • bidders in Auction No. 30 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids, if applicable. If a bidder's upfront payment is not sufficient to meet both of these requirements, the bidder must deposit additional funds. See 47 C.F.R. �� 1.2107(b), 1.2104(g). The amount now due from each bidder, if any, is set out in the last column of Attachment B. Note that a payment and FCC Form 159 are necessary only if a bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each bidder's down payment must be a
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001069.doc
  • stopping rules, and information relating to auction delay, suspension or cancellation. Id. at � 125. See Part 1 Order, 12 FCC Rcd at 5697-98, � 16 (1997). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding , PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2378-79, �� 171-176 (1994). See 47 C.F.R. � 1.2104(i). See Balanced Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141 (1998). See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening Bids or Reserve Prices,
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001075.doc
  • 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) (``Auction No. 31 Procedures Public Notice''). Auction No. 31 Procedures Public Notice, 15 FCC Rcd at 2952-56. Auction No. 31 Procedures Public Notice. 47 C.F.R. � 1.2105(c). See 47 C.F.R. � 1.2104. We note that the Commission sought comment on whether to apply or modify the Part 1, Subpart Q general competitive bidding procedures for the auction of licenses in these bands. See 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, Notice of Proposed Rulemaking at � 83,
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001100.doc
  • limit the number of rounds in which bidders may place withdrawals to two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn in either of these rounds. Withdrawals during the auction will still be subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Bidders should note that abuse of the Commission's bid withdrawal procedures could result in the denial of the ability to bid on a market. If a high bid is withdrawn, the license will be offered in the next round at the second highest bid price, which may be less than, or equal to, in the case of tie bids, the
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001226.doc
  • auction. Default and Disqualification If the high bidder defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) it will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the construction permit or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, the Commission may declare the applicant and its principals ineligible to
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001244.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001244.txt
  • late fee equal to five percent of the amount due. See 47 C.F.R. �� 22.215(a), 1.2109(a). A winning bidder listed on Attachment A who fails to pay the balance of its winning bid by the late payment deadline of July 6, 2000, will be considered in default and subject to the applicable default payments. See 47 C.F.R. �� 22.207, 22.215(a), 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as proscribed by sections 22.207, 22.215(a), 1.2104(g), and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 22.207, 22.215(a), 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001308.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001308.txt
  • listed in Attachment A who fails to pay the balance of the winning bid(s) by the late payment deadline of July 14, 2000, will be considered in default and subject to the applicable default payment and procedural provisions specified in the Commission rules. Such applicants will be assessed default payments as proscribed by Commission rules. See generally 47 C.F.R. �� 1.2104 (g)(2), 1.2109(a), 73.5004. By public notice, the Mass Media Bureau will announce the grant of those construction permits for which the Commission has received the timely final payment of the winning bid amount(s). Individual facility authorizations will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction 28 will be dismissed following grant
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001388.doc
  • limit the number of rounds in which bidders may place withdrawals to two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn in either of these rounds. Withdrawals during the auction will still be subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Bidders should note that abuse of the Commission's bid withdrawal procedures could result in the denial of the ability to bid on a market. If a high bid is withdrawn, the license will be offered in the next round at the second highest bid price, which may be less than, or equal to, in the case of tie bids, the
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001486.doc
  • any new bids on the license or package during the auction. See Auction No. 31 Package Bidding Comment Public Notice at 8. Verizon Comments at 10. SBC/BellSouth Comments, Harstad attachment at 41-42. Id. Auction No. 31 Package Bidding Comment Public Notice at 10. SBC/BellSouth Reply Comments at 7-8. SBC/BellSouth Comments at 4-5; Pekec/Rothkopf Comments at �11. See 47 C.F.R. � 1.2104(i). See Auction No. 31 Procedures Public Notice at 27, 15 FCC Rcd at 2947. Spectrum Exchange Comments at 8. Plott/Salmon Comments at 3-4. See Auction No. 31 Procedures Public Notice at 27-29, 15 FCC Rcd at 2947-49. Pekec/Rothkopf Comments at � 7. See DeMartini, Christine, Anthony M. Kwasnica, John O. Ledyard, and David Porter, ``A New and Improved Design for
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001593.doc
  • case by 6:00 p.m. ET on August 1, 2000, the winning bidder in Auction No. 80 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover the down payment on its winning bid. If the bidder's upfront payment is not sufficient to meet this requirement, the bidder must deposit additional funds. See 47 C.F.R. �� 1.2107(b), 1.2104(g). The amount now due from the bidder is set out in the last column of Attachment B. The bidder's down payment must be a total of twenty (20) percent of its net winning bid. Final payment. After the termination of the pleading cycle for petitions to deny (see 47 C.F.R. � 73.5006), the Commission will issue a public notice announcing
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001854.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001854.txt
  • 1.2109(a). 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). See 47 C.F.R. � 1.2109(a). See 47 C.F.R. �� 1.2104(g)(2) (as amended), 1.2109, 1.2107(b), 101.1105; see also Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, DA 96-481, Public Notice, 11 FCC Rcd 10853 (1996). See 47 C.F.R. � 1.2104(g)(2). See 47 C.F.R. � 1.2106(e). See 47 C.F.R. � 1.2109(b). Copies of the FCC Form 159 may be obtained by calling the Commission's Forms Distribution Center at 1-800-418-3676 (outside Washington,
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001948.doc
  • licenses for both blocks in any geographic service area. The bidding software does not restrict bidders from bidding on both licenses in any market, therefore each bidder is responsible for ensuring that they are in compliance with the above rule. Compliance with Section 27.604 may subject a bidder bidding on or winning both licenses to a withdrawal payment under Section 1.2104(g)(1) or default penalty under Section 1.2104(g)(2). Long-Form Applications: Applicants that claim status as a small or very small business should be aware that at the long-form application stage, they will be subject to more extensive reporting requirements contained in the Commission's Part 1 ownership disclosure rule. In addition, applicants with foreign ownership interests will be required to comply with 47
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002037.doc
  • Auction No. 34 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids, if applicable. If a winning bidder's upfront payment is not sufficient to meet both of these requirements, the winning bidder must deposit additional funds. See 47 C.F.R. �� 1.2107(b), 1.2104(g). The amount now due from each winning bidder, if any, is set out in the last column of Attachment B. Note that a payment and FCC Form 159 are necessary only if a winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down payment
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002038.doc
  • and Order, 13 FCC Rcd at 425, � 86. Part 1 Fifth Report and Order, ��40-42; 47 C.F.R. � 1.2106(a); see also C Block Fourth Report and Order at 15761-62, � 34; see 47 C.F.R. ��1.2105(a)(2)(xi) and 24.709(a)(5). Results below $10,000 are rounded to the nearest hundred; results above $10,000 are rounded to the nearest thousand. See 47 C.F.R. � 1.2104(i). See Balanced Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141 (1998). See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening Bids or Reserve Prices,
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002154.doc
  • Auction No. 33 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids, if applicable. If a winning bidder's upfront payment is not sufficient to meet both of these requirements, the winning bidder must deposit additional funds. See 47 C.F.R. �� 1.2107(b), 1.2104(g). The amount now due from each winning bidder, if any, is set out in the last column of Attachment B. Note that a payment and FCC Form 159 are necessary only if a winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down payment
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002171.doc
  • Bidding , PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2378-79, �� 171-176 (1994) (``Second Report and Order'') for a general discussion of competitive bidding design. See Broadcast First Report and Order, 13 FCC Rcd at 15971, � 134. See Second Report and Order, 9 FCC Rcd 2348, 2378-79, �� 171-176 (1994). See 47 C.F.R. � 1.2104(i). See Balanced Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Broadcast First Report and Order, 13 FCC Rcd at 15971, � 134. See, e.g., Closed Broadcast Auction - Notice and Filing Requirements for Auction of AM, FM, TV, LPTV and FM
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002242.doc
  • 1.2109(a). 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). See 47 C.F.R. � 1.2109(a). See 47 C.F.R. �� 1.2104(g)(2) (as amended), 1.2109, 1.2107(b), 101.1105; see also Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, DA 96-481, Public Notice, 11 FCC Rcd 10853 (1996). See 47 C.F.R. � 1.2104(g)(2). See 47 C.F.R. � 1.2106(e). See 47 C.F.R. � 1.2109(b). Copies of the FCC Form 159 may be obtained by calling the Commission's Forms Distribution Center at 1-800-418-3676 (outside Washington,
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002259.doc
  • limit the number of rounds in which bidders may place withdrawals to two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn in either of these rounds. Withdrawals during the auction will still be subject to the bid withdrawal payments specified in 47 C.F.R. � 1.2104(g). Bidders should note that abuse of the Commission's bid withdrawal procedures could result in the denial of the ability to bid on a market. If a high bid is withdrawn, the license will be offered in the next round at the second highest bid price, which may be less than, or equal to, in the case of tie bids, the
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002291.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002291.txt
  • 47 C.F.R. � 27.604. See also 700 MHz First Report and Order at �� 31, 39. See Part 1 Order, 12 FCC Rcd at 5697-98, � 16 (1997). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2378-79, �� 171-176 (1994). See 47 C.F.R. � 1.2104(i). See Balanced Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141 (1998). See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening Bids or Reserve Prices,
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002745.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002745.txt
  • due. See 47 C.F.R. � 1.2109(a). Applications not appearing in Attachment A remain under consideration by the Commission. A winning bidder listed on Attachment A who fails to pay the balance of its winning bid by the late payment deadline of January 5, 2000, will be considered in default and subject to the applicable default payments. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. �� 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. � 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080703.html
  • SERVICES. Adopted a Consent Decree in this proceeding. Action by: Chief, Enforcement Bureau. Adopted: 07/02/2008 by ORDER. (DA No. 08-1451). EB [54]DA-08-1451A1.doc [55]DA-08-1451A1.pdf [56]DA-08-1451A1.txt BARRY P. LUNDERVILLE, CONNOISSEUR MEDIA, LLC, COLLEGE CREEK BROADCASTING, INC., CUMULUS LICENSING LLC, AND KEMP COMMUNICATIONS, INC., NASSAU BROADCASTING HOLDINGS, INC. Addressed several petitions and requests seeking relief from bid withdrawal payment obligations incurred under Section 1.2104(g) of the Commission's rules as a result of withdrawing provisionally winning bids in Auction No. 37. Action by: Acting Chief, Wireless Telecommunications Bureau. Adopted: 07/02/2008 by ORDER. (DA No. 08-1581). WTB [57]DA-08-1581A1.doc [58]DA-08-1581A1.pdf [59]DA-08-1581A1.txt References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1589A1.doc 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1589A1.pdf 3. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1589A1.txt 4. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1584A1.pdf 5. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1580A1.pdf 6. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283443A1.doc 7. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283443A1.pdf 8. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283443A1.txt 9. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283427A2.txt 10. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283427A1.pdf 11. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283426A2.txt 12. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283426A1.pdf 13.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2010/dd101201.html
  • And Spectrum-Efficient Wireless Technologies. (Dkt No. 06-105 10-236 ). Action by: the Commission. Adopted: 11/30/2010 by NPRM. (FCC No. 10-197). OET [174]FCC-10-197A1.doc [175]FCC-10-197A2.doc [176]FCC-10-197A3.doc [177]FCC-10-197A4.doc [178]FCC-10-197A5.doc [179]FCC-10-197A6.doc [180]FCC-10-197A1.pdf [181]FCC-10-197A2.pdf [182]FCC-10-197A3.pdf [183]FCC-10-197A4.pdf [184]FCC-10-197A5.pdf [185]FCC-10-197A6.pdf [186]FCC-10-197A1.txt [187]FCC-10-197A2.txt [188]FCC-10-197A3.txt [189]FCC-10-197A4.txt [190]FCC-10-197A5.txt [191]FCC-10-197A6.txt FINAL BID WITHDRAWAL PAYMENT FOR BID ON AUCTION 66 LICENSE AW-REA012-F (GULF OF MEXICO). Provides notice and demand pursuant to Section 1.2104(g)(1) of the Commission's rules. Action by: Chief, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau by LETTER. (DA No. 10-2261). WTB [192]DA-10-2261A1.doc [193]DA-10-2261A1.pdf [194]DA-10-2261A1.txt FINAL BID WITHDRAWAL PAYMENT FOR BIDS ON AUCTION 71 LICENSES CW-BTA492-D, CW-BTA492-E, AND CW-BTA492-F. Provides notice and demand pursuant to Section 1.2104(g)(1) of the Commission's rules. Action by: Chief, Auctions and Spectrum Access Division, Wireless Telecommunications
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2010/dd101202.html
  • PSHSB [27]DA-10-2278A1.doc [28]DA-10-2278A1.pdf [29]DA-10-2278A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- ERRATUM - AT&T INC. Issued an Erratum correcting Order and Consent Decree, DA 10-2224, released November 29, 2010. Action by: Deputy Chief, Telecommunications Consumers Division, Enforcement Bureau by ERRATUM. EB [30]DOC-303148A1.doc [31]DOC-303148A1.pdf [32]DOC-303148A1.txt FINAL BID WITHDRAWAL PAYMENT FOR BIDS ON AUCTION 66 LICENSE AW-BEA114-C. Provides notice and demand pursuant to Section 1.2104(g)(1) of the Commission's rules by LETTER. (DA No. 10-2262). WTB [33]DA-10-2262A1.doc [34]DA-10-2262A1.pdf [35]DA-10-2262A1.txt FINAL DEFAULT PAYMENT FOR AUCTION 35 LICENSE CW-BTA127-C1 (ELMIRA-CORNING-HORNELL, NY). Provides notice and demand pursuant to Section 1.2104(g)(1) of the Commission's rules by LETTER. (DA No. 10-2271). WTB [36]DA-10-2271A1.doc [37]DA-10-2271A1.pdf [38]DA-10-2271A1.txt FINAL DEFAULT PAYMENT FOR AUCTION 21 LICENSES BEA107C (MINNEAPOLIS-ST. PAUL, MN-WI-IA) AND BEA164C (SACRAMENTO-YOLO, CA). Provides
• http://www.fcc.gov/DiversityFAC/041004/RichardDeanHodson.pdf
  • making more opportunity available for a new entrant during the competitive bidding event. Only those beginning broadcast or other service entities with up to $1 million in total or annual revenues and no license interests or market presence whatsoever, would be entitled to the restructured 45% tier, plus exempt from the bid withdrawal payment provisions codified in 47 C.F.R. ' 1.2104(g). Moreover, when a selected small business entity that qualifies for the new 45% tier submits their Form 175 application, the specified discount (45%) should also be applied to that fledgling entity=s total upfront payment and related bidding unit eligibility (i.e. a $55,000.00 prepayment has the effective bidding power of 100,000 units of eligibility). These small commercial business endeavors would also
• http://www.fcc.gov/fcc-bin/audio/DA-06-1488A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1488A1.pdf
  • Form 301 ``long form'' application by March 10, 2006. The Auction No. 62 Closing Public Notice cautioned that ``[a]n applicant that fails to submit the required long form application before the specified deadline, and fails to establish good cause for any late-filed submission, shall be deemed to have defaulted and shall be subject to the payments set forth in Section 1.2104(g) of the Commission's rules.'' Neely failed to timely submit a post-auction Form 301 application. His Form 301 application was submitted on March 24, 2006, along with a request for a waiver of the filing deadline, as set forth in Sections 73.3573(f)(5)(i) and 73.5005(a) of the Rules, and the Auction No. 62 Closing Public Notice. Neely subsequently supplemented the request for
• http://www.fcc.gov/fcc-bin/audio/DA-07-2065A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-2065A1.pdf
  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., Memorandum Opinion and Order, 18 FCC Rcd 16889 (2003); Abundant Life, Inc., Memorandum Opinion and Order, 16 FCC Rcd 4972 (2001); ``Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules,'' Public Notice, 11 FCC Rcd 10853 (1996). h $ $ � * 0 6 @ A $A C O u v z {
• http://www.fcc.gov/fcc-bin/audio/DA-07-3517A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-3517A1.pdf
  • permit FM030 and did not make a payment on the remaining balance for FM broadcast construction permit FM269. Accordingly, College is considered to be in default on FM broadcast construction permit FM269 for which it was the high bidder in Auction No. 37, its long-form application is dismissed, and it is subject to the applicable default payment. Pursuant to Section 1.2104(g)(2) of the Rules, College owes an interim default payment of $10,800, which is three-percent (3%) of its net winning bid of $360,000. Pursuant to Section 1.2106(e) of the Rules, we will apply College's payment on deposit to satisfy this interim default payment obligation. Once a subsequent high bid is established for the relevant spectrum, we will determine College's final default
• http://www.fcc.gov/fcc-bin/audio/DA-07-3617A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-3617A1.pdf
  • post-auction FCC Form 301 long-form application by May 2, 2007. The Auction No. 70 Closing Public Notice cautioned that ``[a]n applicant that fails to submit the required long-form application before the specified deadline, and fails to establish good cause for any late-filed submission, shall be deemed to have defaulted and shall be subject to the payments set forth in Section 1.2104(g) of the Commission's rules.'' ESW failed timely to file a post-auction Form 301 application. Its Form 301 application (the ``Application'') was submitted on May 29, 2007, and included as Exhibit 1 a request for a waiver of the filing deadline set forth in Sections 73.3573(f)(5)(i) and 73.5005(a) of the Rules, as well as the Auction No. 70 Closing Public Notice.
• http://www.fcc.gov/fcc-bin/audio/DA-07-3618A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-3618A1.pdf
  • post-auction FCC Form 301 long-form application by February 26, 2007. The Auction No. 68 Closing Public Notice cautioned that ``[a]n applicant that fails to submit the required long-form application before the specified deadline, and fails to establish good cause for any late-filed submission, shall be deemed to have defaulted and shall be subject to the payments set forth in Section 1.2104(g) of the Commission's rules.'' BKM failed timely to submit a post-auction Form 301 application. Its Form 301 application (the ``Application'') was submitted on March 1, 2007, along with a request for a waiver of the filing deadline set forth in Sections 73.3573(f)(5)(i) and 73.5005(a) of the Rules, as well as the Auction No. 68 Closing Public Notice. 3. In its
• http://www.fcc.gov/fcc-bin/audio/DA-07-4367A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4367A1.pdf
  • Request for Waiver of Bid Withdrawal Payment ) ) ) ) Order Adopted: October 22, 2007 Released: October 22, 2007 By the Chief, Wireless Telecommunications Bureau: InTroduction We have before us a Request for Waiver and an Amended Request for Waiver submitted by Advance Acquisition, Inc. (``Advance''), seeking relief from the bid withdrawal payment obligation that Advance incurred under Section 1.2104(g) of the Commission's rules as a result of withdrawing a provisionally winning bid during Auction No. 37. During this auction of FM broadcast construction permits, Advance withdrew its provisionally winning bid on the construction permit for Yarnell, Arizona. At the end of the auction, the Yarnell permit remained unsold and a final bid withdrawal payment could not be calculated; therefore,
• http://www.fcc.gov/fcc-bin/audio/DA-08-1581A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1581A1.pdf
  • Withdrawal Payment Rule ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER Adopted: July 2, 2008 Released: July 2, 2008 By the Chief, Wireless Telecommunications Bureau: INTRODUCTION In this Order, we address several pleadings seeking relief from bid withdrawal payment obligations that the petitioners incurred under Section 1.2104(g) of the Commission's rules as a result of withdrawing provisionally winning bids in Auction No. 37, an auction of FM broadcast construction permits. Specifically, we address (1) a request filed on behalf of Barry P. Lunderville (``Lunderville''), Connoisseur Media, LLC (``Connoisseur''), College Creek Broadcasting, Inc. (``College Creek''), Cumulus Licensing LLC (``Cumulus''), and Kemp Communications, Inc. (``Kemp'') (collectively, the ``Joint Parties'')
• http://www.fcc.gov/fcc-bin/audio/DA-08-1915A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1915A1.pdf
  • cannot determine the full amount of the default payment that is owed until there is a subsequent winning bid for the license, the Commission assesses an interim payment amounting to between three and twenty percent of the net winning bid. The remainder, if any, is assessed once a subsequent winning bid for the defaulted permit is established. Pursuant to Section 1.2104(g)(2) of the rules, Walton Stations owes an interim default payment totaling $18,120.00, which is three-percent (3%) of its total net winning bid of $604,000.00. Pursuant to Section 1.2106(e) of the Rules, we will apply Walton Stations' payments on deposit to satisfy this interim default payment obligation. Once a subsequent high bid is established for the relevant spectrum, we will determine
• http://www.fcc.gov/fcc-bin/audio/DA-08-323A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-323A1.pdf
  • cannot determine the full amount of the default payment that is owed until there is a subsequent winning bid for the license, the Commission assesses an interim payment amounting to between three and twenty percent of the net winning bid. The remainder, if any, is assessed once a subsequent winning bid for the defaulted permit is established. Pursuant to Section 1.2104(g)(2) of the Rules, you owe an interim default payment totaling $7,254.00, which is three-percent (3%) of your total net winning bid of $241,800.00. Pursuant to Section 1.2106(e) of the Rules, we will apply your payments on deposit to satisfy the interim default payment obligation. Once a subsequent high bid is established for the relevant spectrum, we will determine your final
• http://www.fcc.gov/fcc-bin/audio/DA-08-324A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-324A1.pdf
  • cannot determine the full amount of the default payment that is owed until there is a subsequent winning bid for the license, the Commission assesses an interim payment amounting to between three and twenty percent of the net winning bid. The remainder, if any, is assessed once a subsequent winning bid for the defaulted permit is established. Pursuant to Section 1.2104(g)(2) of the Rules, you owe interim default payments totaling $9,496.50, which is three-percent (3%) of your total net winning bids of $316,550.00. Pursuant to Section 1.2106(e) of the Rules, we will apply your payments on deposit to satisfy the interim default payment obligations. Once subsequent high bids are established for the relevant spectrum, we will determine your final default payment
• http://www.fcc.gov/fcc-bin/audio/DA-11-1845A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1845A1.pdf
  • auction closing public notice. Default and Disqualification Any winning bidder that defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in section 1.2104(g)(2). This payment consists of a deficiency payment, equal to the difference between the amount of the Auction 93 bidder's winning bid and the amount of the winning bid the next time a construction permit covering the same spectrum is won in an auction, plus an additional payment equal to a percentage of the defaulter's bid or of the subsequent winning
• http://www.fcc.gov/fcc-bin/audio/DA-11-209A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-209A1.pdf
  • FCC Rcd 4983 (MB 2010) (``NPRM''). Id. at 4984 � 4. See Comments of Connoisseur Media, LLC, filed July 6, 2010. Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations, Pacific Junction, Iowa, MB Docket No. 10-108, Report and Order (Proceeding Terminated), 25 FCC Rcd 16253 (Audio Division, MB 2010). 47 U.S.C. � 309(j)(3)(A), (D). See 47 C.F.R. �� 1.2104(g)(2), 1.2108(d)(1), 1.2109(a). See, e.g., Morris Communications, Inc., Memorandum Opinion and Order, 23 FCC Rcd 3179, 3194-95 at �� 34-35 (2008), aff'd, 566 F.3d 184 (D.C. Cir. 2009) (upholding denial of request for waiver of installment payment rules where licensee defaulted on its installment payment obligations and licenses automatically cancelled by operation of Commission's rules); see PCS Partners, L.P., Petition for
• http://www.fcc.gov/fcc-bin/audio/DA-12-1004A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-1004A1.pdf
  • a post-auction FCC Form 301 long-form application by June 30, 2011. The Auction 91 Closing Public Notice cautioned that ``[a]n applicant that fails to submit the required long-form application before the specified deadline, and fails to establish good cause for any late-filed submission shall be deemed to have defaulted and shall be subject to the payments set forth in Section 1.2104(g) of the Commission's rules.'' Tesiero failed timely to submit a post-auction Form 301 application. His Form 301 application (the ``Application'') was submitted on July 26, 2011. On May 11, 2012, Tesiero amended the Application, requesting waiver of the filing deadline set forth in Sections 73.3573(f)(5)(i) and 73.5005(a) of the Rules, as well as the Auction 91 Closing Public Notice. 3.
• http://www.fcc.gov/fcc-bin/audio/DA-12-374A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-374A1.pdf
  • twenty construction permits listed in Attachment A of the Auction 93 Procedures Public Notice, 26 FCC Rcd at 15526, Attachment A. Auction 93 Procedures Public Notice, 26 FCC Rcd at 15519-40 �� 134-40. Attachment A of the Auction 93 Procedures Public Notice lists the minimum opening bid amounts for each construction permit offered in Auction 93. See 47 C.F.R. � 1.2104(g). Auction 93 Procedures Public Notice, 26 FCC Rcd at 15519-20 �� 134-40. 47 C.F.R. �� 1.2105(a)(2)(viii), 1.2105(c)(1), 73.5002(d). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Seventh Report and Order, FCC 01-270, 16 FCC Rcd 17546 (2001) (``Part 1 Seventh Report and Order''); Order on Reconsideration of the Third Report
• http://www.fcc.gov/fcc-bin/audio/DA-12-47A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-47A1.pdf
  • 15920 (1998) (``Broadcast First Report and Order''). See 47 C.F.R. �� 1.2109(a), 73.5006(d). See 47 C.F.R. � 1.2109(a). See also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997). See 47 C.F.R. � 1.2109(a). See, e.g., 47 C.F.R. �� 73.5003, 1.2104(g)(2), 1.2109, 1.2107(b). See also Delta Radio, Inc., Memorandum Opinion and Order, 18 FCC Rcd 16889 (2003); Abundant Life, Inc., Memorandum Opinion and Order, 16 FCC Rcd 4972 (2001); Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (WTB 1996). & ' $ $ ' ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� ��
• http://www.fcc.gov/fcc-bin/audio/DA-12-964A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-964A1.pdf
  • 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. As shown in Attachment A, in accordance with section 1.2104(g)(1) of the Commission's rules, 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
• http://www.fcc.gov/fcc-bin/audio/DA-12-965A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-965A1.pdf
  • Auction 62, is equal to three percent (3%) of the defaulter's bid, or the subsequent winning bid, whichever is less. In the event that the subsequent winning bid is greater than or equal to the defaulted bid, the total default payment is equal to three percent (3%) of the defaulted bid. As shown in Attachment A, in accordance with section 1.2104(g)(2) of the Commission's rules, we have completed the final default payment calculation and, after applying the monies Kankakee has on deposit, Kankakee owes an outstanding balance of $89,200.00. 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
• http://www.fcc.gov/fcc-bin/audio/DA-12-967A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-967A1.pdf
  • 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. As shown in Attachment A, in accordance with section 1.2104(g)(1) of the Commission's rules, because the subsequent winning bid on the Wheeling, WV-OH license exceeded your withdrawn bid, you are not liable for a withdrawal payment and the interim withdrawal payment assessed is available for refund. Therefore, in accordance with section 1.2104 of the Commission's rules, the Commission is prepared to refund the payor(s) of record the $11,400.00 remaining funds
• http://www.fcc.gov/fcc-bin/audio/FCC-03-201A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-201A1.pdf
  • the final payment deadline. In the Staff Decision the Bureau denied the Petition for Reconsideration and Waiver, dismissed Delta's application due to its default, and offered the Greenville construction permit to MBN as the next-highest bidder. MBN timely deposited its 20 percent down payment on September 11, 2002. Subsequently, the Bureau assessed a default payment against Delta pursuant to Section 1.2104(g) of our Rules. MBN timely made its final payment pursuant to the Bureau's Public Notice, and a construction permit for the Greenville station was issued on May 29, 2003. 6. Discussion. Bureau's delegated authority to dismiss Delta application: Delta first argues that the Bureau lacked delegated authority to deny Delta's waiver request and dismiss its application, because ``the Commission has
• http://www.fcc.gov/fcc-bin/audio/FCC-08-191A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-191A1.pdf
  • the bid withdrawal payments required by the Commission's rules. In this Order, we compromise in their entirety these debts pursuant to 31 U.S.C. � 3711 and applicable rules, and refund at least $8,659 of the $17,318 of Fireside's auction down payment that remains in the Commission's possession. Background Fireside seeks relief from the bid withdrawal payment obligations incurred under section 1.2104(g) of the Commission's rules as a result of withdrawing provisionally winning bids during Auction No. 37. Fireside participated in the Commission's Auction No. 37 and submitted high bids on four FM construction permits - Whitehall, MT (FM 185), Breckenridge, TX (FM 277), Manville, WY (FM 352), and Eureka, MT (FM 171). During the auction, Fireside withdrew its high bids on
• http://www.fcc.gov/fcc-bin/audio/FCC-08-227A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-227A1.pdf
  • at 9. See 47 U.S. C. �� 309(j)(1) and (j)(5). The statute accords the Commission discretion to make the determination as to basic qualifications to hold a license either before, or after, the auction. 47 C.F.R. � 1.2109(c) (winning auction bidder who is found unqualified or who defaults on auction payments is liable for default penalties set forth in Section 1.2104(g)(2)); see also Broadcast First Report and Order, supra n. 15, 13 FCC Rcd at 15979. See 47 C.F.R. � 73.5006 (establishing procedures for filing petitions to deny against long-form applications). KM filed its long-form Elk Grove application on December 16, 2004. The application was accepted for filing on December 23, 2004, and petitions to deny were due by January 3,
• http://www.fcc.gov/fcc-bin/audio/FCC-10-108A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-10-108A1.pdf
  • had recently released an order resolving Garey's debtor status, it would grant JFB an additional 30 days in which to file Form 301. Winooski Staff Decision at 3. See infra nn. 16-19 and accompanying text. Winooski AFR at 2. Larga Vista AFR at 3. Pass Christian AFR at 3 (emphasis in original). On withdrawal penalties generally, see 47 C.F.R. �� 1.2104(g), 73.3568(a)(3). Bidding procedures for Auction 37, including the penalties for bid withdrawal, were announced in Auction of FM Broadcast Construction Permits Scheduled for November 3, 2004, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures, Public Notice, 19 FCC Rcd 10570, 10603-04 (WTB/MB 2004). The specific penalties imposed on Fireside are set forth in FM Broadcast
• http://www.fcc.gov/fcc-bin/audio/FCC-10-158A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-10-158A1.pdf
  • used interchangeably herein, as appropriate. See AM New Station and Major Modification Auction Filing Window; Minor Modification Application Freeze, Public Notice, 18 FCC Rcd 23016 (MB/WTB 2003). File No. BNP-20040130BCD. File No. BNP-20041028AGI. See Broadcast Actions, Public Notice, Report No. 46130 (MB Dec. 13, 2005). 47 C.F.R. � 73.3598(a). AFR at 1. On withdrawal penalties generally, see 47 C.F.R. �� 1.2104(g), 73.3568(a)(3). Bidding procedures for Auction 37, including the penalties for bid withdrawal, were announced in Auction of FM Broadcast Construction Permits Scheduled for November 3, 2004, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures, Public Notice, 19 FCC Rcd 10570, 10603-04 (WTB/MB 2004). The specific penalties imposed on Fireside are set forth in FM Broadcast
• http://www.fcc.gov/fcc-bin/audio/FCC-10-34A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-10-34A1.pdf
  • twice explicitly stated that the Commission removed the debtor status applicable to Fireside or Mr. Garey. Nothing in the petition for reconsideration persuades us to revisit the Order's essential elements, namely, that (1) Fireside owed the funds because it participated in the auction and withdrew high bids; and (2) the Commission properly imposed a bid withdrawal payment pursuant to section 1.2104(g) of its rules. Fireside's request to amend the Fireside Media Order. The petition contains several requests to amend the Fireside Media Order to include additional language. For the reasons we discuss below, Fireside's requests lack merit. As a general matter, we find that the ``omitted vital facts'' Fireside seeks to add to the Fireside Media Order are not relevant to
• http://www.fcc.gov/mb/audio/ssi/audio_pub.htm
  • [1076]Word ]. July 2, 2008 Barry P. Lunderville, Connoisseur Media, LLC, College Creek Broadcasting, LLC, Cumulus Licensing, LLC, and Kemp Communications, Inc., regarding bid withdrawal payments in FM broadcast station Auction No. 37, Order, DA 08-1581, released July 2, 2008. [ [1077]PDF | [1078]Word ]. Addressed several petitions and requests seeking relief from bid withdrawal payment obligations incurred under Section 1.2104(g) of the Commission's rules as a result of provisionally winning bids in Auction No. 37. July 2, 2008 CMP Houston-KC, LLC, for construction permit for KFME-FM, Garden City, MO, Memorandum Opinion and Order (MO&O), FCC 08-139, released July 2, 2008. [ [1079]PDF | [1080]Word ]. Copps: [ [1081]PDF | [1082]Word ]. Application for review was denied; grant affirmed. July 2,
• http://www.fcc.gov/ogc/documents/opinions/1999/99-5063.html
  • when NextWave's $4.74 billion obligation was incurred. Despite the FCC's argument that under its regulations the entire obligation became due at the close of the C-block auction, the bankruptcy court found that the effective date of NextWave's obligations for the purposes of 544(b) was January 3, 1997. See NextWave II, 235 B.R. at 276. The court acknowledged that 47 C.F.R. 1.2104 subjected a winning bidder to a penalty upon default based on the difference between its bid and the high bid on reauction of the licenses, but held that "[n]othing in this calculation explicitly or implicitly binds the winning bidder to the full amount of its bid." Id. at 275. The FCC then moved to dismiss the complaint on the ground
• http://www.fcc.gov/ogc/documents/opinions/1999/mountain.html
  • amount of any default penalty."[13]^(13) Mountain Solutions represents in its brief that seven of its licenses were sold in the reauction for between 5% and 9.75% of the net price Mountain Solutions had bid in the initial auction. This means, Mountain Solutions asserts, that it could be subject to nearly $18 million in default penalties. See 47 C.F.R. 24.704(a)(2) and 1.2104(g)(2). Parsing each of Mountain Solutions' contentions for its flaws does not detract from their combined strength, nor from the possibility that the Commission could have viewed Mountain Solutions' waiver request differently than it did. The relief Mountain Solutions sought was not violative of other rules, as, for example, in the case of NextWave. Mountain Solutions in fact secured the financing
• http://www.fcc.gov/ogc/documents/opinions/2000/99-11294.html
  • pending in December 1998 that raised the issue of avoidance; for example, NextWave filed its chapter 11 petition and instituted its adversary proceeding against the FCC on June 8, 1998. See In re NextWave, 200 F.3d at 48. [73]^34 This regulation governing the auction of the electromagnetic spectrum comports with the FCC's general competitive bidding procedures contained in 47 C.F.R. 1.2104(g) & 1.2109(c) (1995). [74]^35 The FCC's treatment of a defaulting entity further supports this conclusion. See In re BDPCS, Inc., 11 F.C.C.R. 14,399, 1996 WL 625565 (Oct. 25, 1996). BDPCS was a high bidder for seventeen C-block licenses, but "fail[ed] to remit the required down payment on the licenses for which it was the successful high bidder." Id. 1. On
• http://www.fcc.gov/ogc/documents/opinions/2003/01-1435.pdf
  • could redress that injury. Fur- ther, contrary to 21st Century's position, its standing cannot be based on the fact that it remains subject to the Commis- sion's debt collection procedures and higher bidding require- ments in future auctions. First, regarding debt collection, because 21st Century defaulted in making timely payments for its licenses, it is required, under 47 C.F.R. �� 1.2104(g)(2), 1.2109, to pay the difference between the amount of its outstanding debt and the reauction price of its licenses, as well as a penalty of three percent of the reauction price. See also Mountain Solutions, Ltd. v. FCC, 197 F.3d 512, 522�23 (D.C. Cir. 1999). However, 21st Century would remain sub- ject to such debt collection even if it prevailed
• http://www.fcc.gov/ogc/documents/opinions/2003/01-1435b.pdf
  • could redress that injury. Fur- ther, contrary to 21st Century's position, its standing cannot be based on the fact that it remains subject to the Commis- sion's debt collection procedures and higher bidding require- ments in future auctions. First, regarding debt collection, because 21st Century defaulted in making timely payments for its licenses, it is required, under 47 C.F.R. �� 1.2104(g)(2), 1.2109, to pay the difference between the amount of its outstanding debt and the reauction price of its licenses, as well as a penalty of three percent of the reauction price. See also Mountain Solutions, Ltd. v. FCC, 197 F.3d 512, 522�23 (D.C. Cir. 1999). However, 21st Century would remain sub- ject to such debt collection even if it prevailed