FCC Web Documents citing 1.2105

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

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  • APPARENT LIABILITY FOR FORFEITURE Adopted: February 10, 2009 Released: February 10, 2009 By the Chief, Enforcement Bureau: Introduction By this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Cascade Access, L.L.C. (``Cascade''), an applicant to participate in the Commission's Auction 73, apparently engaged in a prohibited communication and failed to notify the Commission, in apparent violation of Sections 1.2105(c)(1) and (c)(6) of the Commission's rules. For the reasons stated below, we conclude that Cascade apparently is liable for a monetary forfeiture in the amount of $75,000. Background Cascade and Cellco Partnership d/b/a Verizon Wireless (``Verizon Wireless'') each timely submitted short-form applications to participate in Auction 73. Cascade selected one license on which to bid, CMA547-B (Nevada 5-White Pine), while
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  • EB-09-IH-0023 NAL Acct. No. 201132080001 FRN No. 0001731470 FRN No. 0015025067 ORDER Adopted: October 14, 2010 Released: October 14, 2010 By the Chief, Enforcement Bureau: In this Order, we adopt a Consent Decree terminating an investigation by the Enforcement Bureau (the ``Bureau'') into compliance by Puerto Rico Telephone Company, Inc. and its parent, Am�rica M�vil, S.A.B. de C.V. with Section 1.2105(c) of the Commission's Rules, 47 C.F.R. � 1.2105(c), relating to Puerto Rico Telephone Company, Inc.'s participation in Commission Auction 73. The Bureau, Puerto Rico Telephone Company, Inc., and Am�rica M�vil, S.A.B. de C.V., have negotiated the terms of a Consent Decree that would terminate the Bureau's investigation. A copy of the Consent Decree is attached hereto and incorporated by reference.
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  • FRN No. 0015025067 CONSENT DECREE 1. The Enforcement Bureau of the Federal Communications Commission, Puerto Rico Telephone Company, Inc., and Am�rica M�vil, S.A.B. de C.V., by their authorized representatives, hereby enter into this Consent Decree for the purpose of resolving the Enforcement Bureau's investigation of compliance by Puerto Rico Telephone Company, Inc. and Am�rica M�vil, S.A.B. de C.V. with Section 1.2105(c) of the Commission's Rules, 47 C.F.R. � 1.2105(c), relating to Puerto Rico Telephone Company, Inc.'s participation in Commission Auction 73. I. DEFINITIONS 2. For purposes of this Consent Decree the following definitions shall apply: a. ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. � 151 et seq. b. ``Adopting Order'' means an order of the Bureau adopting
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  • n. 8. See Part 1Third Report and Order, 13 FCC Rcd at 381-470 (paras 4-169). Part 1 Second Further Notice, 13 FCC Rcd at 471-481 (paras. 170-194). We note that Global Frontiers' suggestion with respect to avoidance of mutual exclusivity pursuant to 47 U.S.C. � 309(j)(6)(E) would require an exception to the Commission's general competitive bidding rules, 47 C.F.R. � 1.2105. See Global Frontiers Petition for Rulemaking at 13-17. See Sections 309(j)(3) and 309(j)(4) of the Communications Act, 47 U.S.C. �� 309(j)(3), 309(j)(4). See 47 U.S.C. � 309(j)(3)(B). Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Memorandum Opinion and Order, 9 FCC Rcd 7245, 7269 (para. 145) (1994) (Competitive Bidding Second Memorandum Opinion
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  • Standards, U.S. Small Business Administration, to Daniel B. Phythyon, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, dated January 6, 1998. See Small Business Administration Tabulation File, SBA Size Standards Table 2C, January 23, 1996, SBA, Standard Industrial Code (SIC) categories 8050 (Nursing and Personal Care Facilities) and 8060 (Hospitals). (SBA Tabulation File). 47 C.F.R. � 1.2105. 47 C.F.R. � 1.913(a)(1). 47 C.F.R. � 1.2107. 47 C.F.R. � 1.1307. See, e.g., 47 C.F.R. � 1.928 (regarding frequency coordination arrangements between the U.S. and Canada). 47 C.F.R. � 1.924. We discuss FAS coordination in the section describing coordination with Government incumbents. See supra Section III.E.3. See 5 U.S.C. � 603(c). See supra Section III.B.5 See supra Section III.A.3.
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  • or companies only to give the total number of such entities for 1997, which was 1,089. U.S. Census Bureau, 1997 Economic Census, Industry Series: Manufacturing, "Industry Statistics by Employment Size," Table 4, NAICS code 334220 (issued Aug. 1999). Id. Table 5, "Industry Statistics by Industry and Primary Product Class Specialization: 1997." See 47 C.F.R. � 1.913(a)(1). See 47 C.F.R. � 1.2105. See 47 C.F.R. � 1.913(a)(1). See 47 C.F.R. � 1.2107. 47 C.F.R. � 1.1307. See, e.g., 47 C.F.R. � 1.928 (regarding frequency coordination arrangements between the U.S. and Canada). 47 C.F.R. 1.924. FAS coordination is required for DSRCS stations within 75 kilometers of certain government radar locations listed in 47 C.F.R. � 90.371(b). See 5 U.S.C. � 603(c). . As
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  • imposition of default payments to winning bidders who fail to make required payments post-auction). As the Commission has stated, awarding licenses to those who value them the most encourages growth while maintaining safeguards against anticompetitive behavior. Competitive Bidding Second Report and Order, 9 FCC Rcd at 2349-50 � 5. See also Mountain Solutions, 197 F.3d 512. See 47 C.F.R. � 1.2105(a)(2)(v). See also Requests for Extension of the Commission's Initial Non-Delinquency Period for C and F Block Installment Payments, Order, 13 FCC Rcd 22,071, 22,072 (1998). See NextWave, 537 U.S. 293. See Competitive Bidding Second Report and Order, 9 FCC Rcd at 2381-82 � 192. However, should the Commission determine that such post-processing payment procedures are in the best interests of
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  • preserve the integrity of the subsequent auction. Declaratory Ruling on Anti-Collusion Rule Reporting Requirement To further our policy of preventing collusive behavior in Commission auctions, we take this opportunity to clarify by declaratory ruling and conforming textual edit the obligation that applicants in Commission auctions have to report any communications of bids or bidding strategies that are prohibited by Section 1.2105(c)(1) of the Commission's rules. Pursuant to Section 1.2105(c)(6), any applicant that makes or receives such a communication shall report such communication in writing to the Commission immediately, and in no case later than five business days after the communication occurs. As noted in the Commission's Order adopting Section 1.2105(c)(6), the Commission cannot ``take on the impossible task of screening all
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  • deny an Application for Review filed by Star Wireless, LLC (``Star'') and a Petition for Reconsideration filed by Northeast Communications of Wisconsin, Inc. (``Northeast''). The Application and Petition were filed in response to forfeiture orders issued by the Enforcement Bureau (``Bureau'') that imposed a monetary forfeiture in the amount of $100,000 against each company for its willful violation of section 1.2105(c) of the Commission's rules, which prohibits auction collusion. Although we uphold the Bureau's finding of liability for both Star and Northeast, we reduce the forfeiture for each licensee to $75,000 because of their history of compliance with Commission rules. BACKGROUND The facts that formed the basis for the forfeitures are set forth in detail in the NALs and the Forfeiture
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  • As explained more fully in the Public Notice announcing Auction No. 30, this prohibition began with the filing of short-form applications and ends on the down payment due date. The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. * * * * * For further information, contact: News Media: Meribeth McCarrick at 202-418-0654 Technical Support Hotline: Technical Support Personnel at 202-414-1250 (V) or 202-414-1255 (text telephone (TTY)) Office of the Managing Director Gail Glasser or Tim Dates Auctions Accounting Group at 202-418-1995 (Payment, FCC Form 159 and refund questions)
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  • the 700 MHz Bands, Auction Scheduled for May 10, 2000, Minimum Opening Bids and Other Procedural Issues, Public Notice, 15 FCC Rcd 2921 (rel. Feb. 18, 2000), 65 Fed. Reg. 12251 (Mar. 8, 2000) (``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
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  • filing the FCC Form 175 short-form application. However, applicants may enter into bidding agreements before filing their FCC Form 175, as long as they disclose the existence of the agreement(s) in their Form 175. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application under Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas. By signing their FCC Form 175 short form applications, applicants are
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  • precluded from communicating with all other applicants after filing the FCC Form 175. However, applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement(s) in their Form 175 short-form applications. By signing their FCC Form 175 short form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of
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  • Additionally, documents may be obtained for a fee by calling the Commission's copy contractor, International Transcription Service, Inc. (ITS), at (202) 314-3070. When ordering documents from ITS, please provide the appropriate FCC number (for example, FCC 98-194 for the Broadcast First Report and Order and FCC 99-74 for the Broadcast Reconsideration Order). Prohibition of Collusion Bidders are reminded that Section 1.2105(c) of the Commission's rules prohibits short-form applicants from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For further details regarding collusion, refer to the Auction Filing Window Public Notice, released December 17, 1999. For Auction No. 80,
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  • the electronic filing of the FCC Form 175 application is included as Attachment E to this Public Notice. Technical support is available at (202) 414-1250 (voice) or (202) 414-1255 (text telephone (TTY)); the hours of service are 7 a.m. - 10 p.m. EST, Monday - Friday. (2) Completion of the FCC Form 175 Applicants should carefully review 47 C.F.R. Sections 1.2105 and 73.5002 and must complete all items on the FCC Form 175. Detailed instructions for completing the FCC Form 175 are in Attachment C of this Public Notice. The FCC Form 175 is not submitted to the FCC until an applicant receives confirmation from the filing system that the form has been received by the Commission. Prohibition of Collusion To
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  • filing the FCC Form 175 short-form application. However, applicants may enter into bidding agreements before filing their FCC Form 175, as long as they disclose the existence of the agreement(s) in their Form 175. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application under Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas. By signing their FCC Form 175 short form applications, applicants are
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  • 20554 with a courtesy copy to Kenneth Burnley at the same address in Room 4-B524. As described in the Commission's Rules, applicants may make only minor corrections to their FCC Form 175 applications (e.g., mailing address, fax number, authorized bidder). Major modifications (e.g., changing control of the applicant, changing the certifying official) will not be accepted. See 47 C.F.R. � 1.2105(b). Due Diligence. The winning bidder in the auction for a new construction permit for the new full power television station on Channel 52 at Blanco, Texas, upon submission of its long-form application (FCC Form 301), will have to provide interference protection to qualified Class A television stations. Therefore, potential bidders are encouraged to perform engineering studies to determine the existence
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission Washington, D.C. 20554 In the Matter of: ) ) Two Way Radio ) Of Carolina, Inc. ) ) Request for Waiver of ) 47 C.F.R. � 1.2105(b)(2) ) Adopted: June 29, 2000 Released: June 30, 2000 By the Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: On August 23, 1999, Two Way Radio of Carolina, Inc. (``Two Way Radio'') filed a Petition for Reconsideration, seeking review of a decision by the Commission denying its Application for Review. In the Two Way Radio Order, the Commission affirmed the
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  • list the name(s) of the person(s) (no more than three) authorized to represent them at the auction. Only those individuals listed on the FCC Form 175 will be authorized to place or withdraw bids for the applicant during the auction. Note: Applicants may only share a common authorized bidder(s) if each applicant has selected separate markets. See 47 CFR � 1.2105(c). Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
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  • Status Public Notice''). Id. at 14114-15. See Letters from Dean R. Brenner, Attorney for Ramona Lee Hayes-Bell, to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, re: Petition for Reconsideration or Waiver; Application of Ramona Lee Hayes-Bell for a New FM Radio Station at Pahrump, NV (September 23, 24 and 27, 1999). See also 47 C.F.R � 1.2105(a). See Pahrump, Nevada Closed Broadcast Auction to be Held on October 6, 1999 - 3 Qualified Bidders, Public Notice, DA 99-2062 at 1 n.3 (rel. October 1, 1999) (``October 1, 1999 Public Notice''). Consequently, the Bell application was reinstated and the Pahrump, Nevada market was removed from Auction No. 25 to allow time to reconstitute the pool of applicants to
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  • forth in Section 0.459 of the Commission's rules. Your statements that disclosure of the financial information in Exhibit E may result in substantial competitive harm are conclusory, and do not justify withholding from inspection materials that bear upon the applicants qualifications to participate in Auction No. 26 as a "very small business." See 47 C.F.R. Sections 90.1017, 90.1021, 90.1023, and 1.2105. Therefore, your request for confidentiality IS HEREBY DENIED. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau ����
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  • As explained more fully in the Public Notice announcing Auction No. 80, this prohibition began with the filing of short-form applications and ends on the down payment due date. The prohibition ends on the down payment due date whether or not the high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. * * * * * For further information, contact: News Media: Meribeth McCarrick at 202-418-0654 Technical Support Hotline: Technical Support Personnel at 202-414-1250 (V) or 202-414-1255 (text telephone (TTY)) Office of the Managing Director Gail Glasser or Tim Dates Auctions Accounting Group at 202-418-1995 (Payment, FCC Form 159 and refund questions)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1639A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1639A1.txt
  • been correlated, a public notice listing all applicants qualified to bid in the auction will be released. The same public notice will also include instructions on how to access the auction tracking tool software, a bidding schedule for the Mock auction, and the bidding schedule for the first day of the auction. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 34, this prohibition became effective at the filing deadline of short-form applications on
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  • processed and reviewed, and payments and applications have been correlated. The same public notice will also include instructions on how to monitor the auction on-line, how to access the bid tracking tool software, a bidding schedule for the mock auction, and the bidding schedule for the first two days of the auction. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under section 1.2105(a)(2)(viii). If parties agreed in principle on all material terms, those parties must be identified on the
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  • 2000 to August 16, 2000; Minimum Opening Bids and Other Procedural Issues,'' Public Notice, DA 00-1100 (released May 18, 2000) (``800 MHz Announcing Public Notice''). See 800 MHz Announcing Public Notice. For information on the minimum opening bid for each of the licenses offered in Auction No. 34, see Attachment A. See 47 C.F.R � 1.65. See 47 C.F.R. � 1.2105(b). See 800 MHz Announcing Public Notice at 9-10; see also ``Due Diligence Announcement for Upcoming 800 MHz Spectrum Auctions,'' Public Notice, DA 00-1449 (released June 29, 2000). See 47 C.F.R. � 1.2112(b). $ B �0� �`� �� �0� ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1800A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1800A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1800A1.txt
  • been correlated, a public notice listing all applicants qualified to bid in the auction will be released. The same public notice will also include instructions on how to access the auction tracking tool software, a bidding schedule for the Mock auction, and the bidding schedule for the first day of the auction. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 33, this prohibition became effective at the filing deadline of short-form applications on
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  • June 14, 2000; Minimum Opening Bids and Other Procedural Issues,'' Public Notice, DA 00-781 (released April 10, 2000) (``Auction No. 33 Procedures Public Notice''). See Auction No. 33 Procedures Public Notice. For information on the minimum opening bid for each of the licenses offered in Auction No. 33, see Attachment A. See 47 C.F.R � 1.65. See 47 C.F.R. � 1.2105(b). Id. See Auction No. 33 Procedures Public Notice at 9-10 See C.F.R. � 27.604. Id. See C.F.R. � 1.2104(g)(1). See C.F.R. � 1.2104(g)(2); see also � 1.2109(c). See 47 C.F.R. � 1.2112(b). a $ B � � � � � R� � �0� �`� �� �0� �� ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c)
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  • As explained more fully in the Auction No. 34 Announcing Public Notice, this prohibition began with the filing of short-form applications and ends on the down payment due date. The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. * * * * * For further information, contact: News Media: Meribeth McCarrick at 202-418-0654 Technical Support Hotline: Technical Support Personnel at 202-414-1250 (V) or 202-414-1255 (text telephone (TTY)) Office of the Managing Director Gail Glasser or Tim Dates Auctions Accounting Group at 202-418-1995 (Payment, FCC Form 159 and refund questions)
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  • Notice, 13 FCC Rcd 24,540, 24,545 (1998). 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. 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,
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  • As explained more fully in the Auction No. 33 Procedures Public Notice, this prohibition began with the filing of short-form applications and ends on the down payment due date. The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. * * * * * For further information, contact News Media: Meribeth McCarrick at 202-418-0654 Technical Support Hotline: Technical Support Personnel at 202-414-1250 (V) or 202-414-1255 (text telephone (TTY)) Office of the Managing DirectorAuctions Accounting Group (Payment, FCC Form 159 and refund questions) Gail Glasser or Tim Dates at 202-418-1995 Wireless
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  • a license in the same BTA. However, applicants may enter into bidding agreements before filing their FCC Form 175, as long as they disclose the existence of the agreement(s) in their FCC Form 175. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application under Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas. By signing their FCC Form 175 short-form applications, applicants are certifying
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  • been made, a public notice listing all applicants qualified to bid in the auction will be released. The same public notice will also include instructions on how to access the auction tracking tool software, a bidding schedule for the Mock auction, and the bidding schedule for the first day of the auction. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 36, this prohibition became effective at the filing deadline of short-form applications on
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  • for 2,800 Licenses in the 800 MHz SMR Service Frequencies Lower 80 Channels; Auction Rescheduled from September 13, 2000 to November 1, 2000; Minimum Opening Bids and Other Procedural Issues,'' Public Notice, DA 00-1388 (released June 23, 2000) (``Auction No. 36 Announcing Public Notice''). See Auction No. 36 Announcing Public Notice, Attachment A. 47 C.F.R � 1.65. 47 C.F.R. � 1.2105(b). Id. See Auction No. 36 Announcing Public Notice at 11-12. 47 C.F.R. � 1.2112(b). 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 D b l | � � D b l | � � v� v� �0� � +D��
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  • are subject to the Commission's competitive bidding procedures. By this Public Notice, the Bureaus announce a settlement period for certain specified groups of mutually exclusive AM applicants and a period for filing 47 U.S.C. � 307(b) supplementary information, if relevant; the deadline for both is December 29, 2000. Anti-Collusion Rule. The prohibition of collusion set forth in 47 C.F.R. � 1.2105(c) becomes effective upon the filing of FCC Form 175, Application to Participate in an FCC Auction, and applies to all broadcast service auctions. See 47 C.F.R. � 73.5002(d). However, in certain circumstances, the Commission will allow a limited opportunity to settle, or otherwise resolve mutual exclusivities by means of engineering solutions, following the filing of the FCC Form 175 applications.
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  • FCC Form 175. However, applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement(s) in their Form 175 short-form applications. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application under Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas. By signing their FCC Form 175 short- form applications, applicants are
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  • circumstances could have a chilling effect on participation in Auction No. 35 and would therefore undermine our efforts to encourage more efficient use of the spectrum. We note that winning bidders of licenses subject to pending proceedings are still required to meet the normal payment and construction schedules established by the Commission. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 35, this prohibition became effective at the filing deadline of short-form applications on
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  • period currently runs from December 4, 1999, to December 4, 2000. 2 Letter from Lawrence R. Krevor, Nextel Communications, Inc.. to Thomas Sugrue, Chief Wireless Telecommunications Bureau, PR Docket 93-144, dated October 24, 2000. relocation negotiations during the pendency of Auctions 34 and 36 a reasonable opportunity to resume and conclude such negotiations before the mandatory negotiation period expires. Section 1.2105(c) of the Commission's rules prohibits communications among auction applicants between the short form filing deadline and the date that post-auction down payments are due.3 In Auction No. 34, the short form deadline was July 17, 2000. and the post-auction down payments were due on September 20, 2000. In Auction No. 36, which is still in progress, the short form deadline
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  • licensees prior to Auction No. 22. According to Theta, it inadvertently chose all markets in its FCC Form 175 because Theta and its controlling interests assumed that all the spectrum surrendered by Fortunet had been purchased in Auction No. 22 or in the aftermarket. Theta contends that waiver would be appropriate because the gaming and collusion concerns that underlie Rule 1.2105(b) are not present. Theta further argues that permitting it to make the requested changes to its FCC Form 175 would be in the public interest because it would promote competition and would not prejudice other applicants. Finally, Theta contends that its Waiver Request should be granted because the alternative-disqualification-would prevent its participation in this auction. Upon review of your pleading,
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  • noon on Thursday, December 7, 2000. See Attachment D for downloading/installation instructions. This software is specifically designed for this simulation, and is not adaptable to any other FCC spectrum auction. As part of the software, the Commission has established a suggestion box and welcomes your comments regarding the software. OTHER IMPORTANT INFORMATION Prohibition of Collusion. Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 35, this prohibition became effective at the filing deadline of short-form applications on
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  • Pass Word is seeking permission to amend its short-form application (FCC Form 175) for participation in Auction No. 26 to add 931 MHz license frequency blocks AA and AC through BK within the four market service areas specified in its application (MEA041, Spokane-Billings; MEA042, Salt Lake City; MEA045, Portland; and MEA046, Seattle). Specifically, Pass Word requests a waiver of Section 1.2105 (b)(2) of the Commission's Rules to permit a change to the license service areas identified on its short-form application. According to Pass Word, it intended to select all the 931 MHz license blocks for the four market service areas in which it actually selected only one license block. Absent a waiver, Pass Word would be ineligible to bid on all
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  • As explained more fully in the Auction No. 36 Announcing Public Notice, this prohibition began with the filing of short-form applications and ends on the down payment due date. The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. * * * * * For further information, contact: News Media: Mark Rubin at 202-418-2924 Technical Support Hotline: Technical Support Personnel at 202-414-1250 (V) or 202-414-1255 (text telephone (TTY)) Office of the Managing Director Gail Glasser or Tim Dates Auctions Accounting Group at 202-418-1995 (Payment, FCC Form 159 and refund questions)
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  • Section 310(b)(4)'s twenty-five percent benchmark. See id. In keeping with this pre-approval process, auction applicants are required to certify in their short form 175 applications that they are either in compliance with the foreign ownership requirements of Section 310 or that they have filed a request for relief of those requirements that is pending with the Commission. See 47 CFR 1.2105(a)(2)(v). Similarly, where foreign ownership is at issue, applicants must indicate in their long form 601 application that they have either received a declaratory ruling that grants them permission to exceed the statutory benchmark of section 310(b)(4) or that they have a request currently pending at the Commission. Applicants are advised that petitions for declaratory ruling to exceed the section 310(b)(4)
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  • 20554 with a courtesy copy to Rosemary Cabral at the same address. As described in the Commission's Rules, applicants may make only minor corrections to their FCC Form 175 applications; major modifications (e.g., changing the markets applied for, changing control of the applicant, changing the certifying official or signing a manual application) will not be accepted. See 47 C.F.R. � 1.2105(b). Due Diligence. Bidders are reminded that they should continue to conduct due diligence examinations regarding incumbents and other legal developments with respect to the licenses for which they bid during the course of the auction. Mock Auction. The FCC will conduct a mock auction on Tuesday, February 22, 2000, to allow qualified bidders to familiarize themselves with the electronic bidding
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  • NPI, therefore, requests that we clarify that the anti-collusion rule does not prohibit NPI from discussing with other bidders the sale of NPI's interest in NOW, or alternatively, that we permit NOW to withdraw its auction application so that NOW would not be deemed an applicant for purposes of the anti-collusion rule. The Commission's anti-collusion rule, at 47 C.F.R. � 1.2105(c), states: [A]fter the short-form application filing deadline, all applicants are prohibited from cooperating, collaborating, discussing or disclosing in any manner the substance of their bids or bidding strategies, or discussing or negotiating settlement agreements, with other applicants until after the down payment deadline . . . . For purposes of the anti-collusion rule the term ``applicant'' includes ``all controlling interests
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  • FCC Form 175. However, applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement(s) in their Form 175 short-form applications. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application under Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas(s). By signing their FCC Form 175 short-form applications, applicants are certifying
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  • will be released approximately one week after upfront payments have been received and payments and applications have been correlated. The same public notice will also include instructions on how to monitor the auction on-line, a bidding schedule for the mock auction, and the bidding schedule for the first day of the auction. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same MX Group from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under section 1.2105(a)(2)(viii). If parties agreed in principle on all material terms, those parties must be identified on the short-form
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  • cert. denied, 409 U.S. 1027 (1972). See "Supplemental Closed Broadcast Auction; Auction No. 28, Notice and Filing Requirements for Auction of AM, FM, TV, LPTV, and FM and TV Translator Construction Permits Scheduled for March 21, 2000; Minimum Opening Bids and Other Procedural Issues," Public Notice, DA 99-2958 (rel. December 23, 1999) ("Auction No. 28 Public Notice"). 47 C.F.R. � 1.2105. Auction No. 28 Public Notice at 17. Id. at p. 16 and Attachment D, p. 1. See 47 C.F.R. � 1.2105. See also Implementation of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Services Licensees, MM Docket No. 97-234, First Report and Order, 13 FCC Rcd 15920 (1998), recon denied, Memorandum Opinion
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  • Newbury Park, CA 91320 Dear Mr. Buxbaum: This letter confirms your telephone conversation of February 23, 2000, with Brett Tarnutzer and responds to the ``Auction No. 26, Request for waiver by Network Services, LLC'' filed on February 18, 2000. Network Services, LLC. (``Network'') requests permission to amend its short-form application (FCC Form 175). Specifically, Network requests that we waive Section 1.2105 (b)(2) of the Commission's Rules to permit it to add license areas (MEA040-AW, MEA043-AW and MEA044-AW) to those already selected on its short-form application. In order to obtain a waiver of the Commission's competitive bidding rules, Network must show: (i) that the underlying purpose of the rule would not be served, or would be frustrated, by its application in this
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  • because it found that Mercury had used trailing numbers when bidding in those nine markets and further investigation was necessary to determine if the grant of the nine licenses would be in the public interest. On October 28, 1997, the Commission released a Notice of Apparent Liability for Forfeiture against Mercury for $650,000, finding that Mercury had apparently violated section 1.2105(c) by "placing trailing numbers at the end of its bids that disclosed its bidding strategy in a reflexive manner that specifically invited collusive behavior." On November 5, 1997, the Bureau granted Mercury's nine remaining licenses. The Bureau found that Mercury's rule violation did not disqualify it from becoming a Commission licensee, and the grant of Mercury's licenses would serve the
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  • Requirements For Participation in the Upcoming PCS 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
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  • Auction No. 26, this prohibition begins with the filing of short-form applications and ends on the down payment due date. The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). * * * * * For further information, contact: News Media: Meribeth McCarrick at 202-418-0654 Technical Support Hotline: Technical Support Personnel at 202-414-1250 (V) or 202-414-1255 (text telephone (TTY)) Office of the Managing Director Gail Glasser or Michelle Bennett Auctions Accounting Group at 202-418-1995 (Payment, FCC Form 159 and refund questions) Wireless Telecommunications Bureau, Bettye Woodward at 202-418-1345, Commercial Wireless
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  • SW Washington, DC 20554 with a courtesy copy to Jose Ocho� at the same address. As described in the Commission's Rules, applicants may make only minor changes to their FCC Form 175 applications (e.g., mailing address, authorized bidders). Major modifications (e.g., changing the markets applied for, control of the applicant, certifying official) will not be accepted. See 47 C.F.R. � 1.2105(b). Due Diligence. Bidders are reminded that they should continue to conduct due diligence examinations regarding incumbents and other legal developments with respect to the permits for which they bid during the course of the auction. Mock Auction. The FCC will conduct a mock auction on Friday, March 17, 2000, to allow qualified bidders to familiarize themselves with the electronic bidding
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  • resubmitted FCC Form 175 applications have been processed and reviewed, and payments and applications have been correlated. The same public notice will also include instructions on how to access the bid tracking tool software, a bidding schedule for the Mock auction, and the bidding schedule for the first day of the auction. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). If parties agreed in principle on all material terms, those parties must be identified on the
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  • for participation in Auction No. 26, the 929 and 931 MHz Paging Auction. Specifically, Pass Word sought permission to add 931 MHz license frequency blocks AA and AC through BK within the four market service areas specified in its FCC Form 175 (MEA041, Spokane-Billings; MEA042, Salt Lake City; MEA045, Portland; and MEA046, Seattle). The Division granted this waiver of Section 1.2105 (b)(2) of the Commission's Rules to permit Pass Word to change the license service areas identified on its FCC Form 175 for good cause shown. For the reasons set forth below, Cook's Petition is denied. Cook's Petition first argues that Pass Word's Request should have been dismissed solely because it is procedurally defective. In support of this argument, Cook states
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  • your clients: Townes Telecommunications, Incorporated; North Dakota Network Company; and PVT Networks, Incorporated (collectively as ``Applicants''). Applicants are seeking permission to amend their FCC Form 175 (``short-form application'') for participation in Auction No. 30 to add 39 GHz license frequency blocks A through N within the market service areas specified in their applications. Specifically, Applicants request a waiver of Section 1.2105 (b)(2) of the Commission's rules to permit a change to frequencies within the market service areas identified on their short-form applications. According to Applicants, they intended to select all the 39 GHz license blocks for the market service areas in which they actually selected only one license block. Absent a waiver, Applicants would be ineligible to bid on all 39
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  • Auction No. 28, this prohibition begins with the filing of short-form applications and ends on the down payment due date. The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). Applicants that entered into joint bidding arrangements are reminded that a full, post-auction disclosure is required of the terms, conditions and parties involved in any bidding consortia, joint venture, partnership or other agreement or arrangement it entered into prior to the completion of bidding. Additional Post-Auction Filing Requirements. Section 73.5005(a) of the Commission's rules requires that post auction filings include
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  • you filed on March 27, 2000 on behalf of your client, Landmark Site Development, LLC (``Applicant''). Applicant is seeking permission to amend its FCC Form 175 (``short-form application'') for participation in Auction No. 30 to add 39 GHz license frequency blocks B through N within the market service areas specified in its application. Specifically, Applicant requests a waiver of Section 1.2105 (b)(2) of the Commission's rules to permit a change to frequencies within the market service areas identified in its short-form application. According to Applicant, it intended to select all the 39 GHz license blocks for the market service areas in which it actually selected only one license block. Absent a waiver, Applicant would be ineligible to bid on all 39
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  • 20554 with a courtesy copy to Kenneth Burnley at the same address. As described in the Commission's Rules, applicants may make only minor corrections to their FCC Form 175 applications (e.g., mailing address, authorized bidder). Major modifications (e.g., changing the markets applied for, changing control of the applicant, changing the certifying official) will not be accepted. See 47 C.F.R. � 1.2105(b). Due Diligence. Spectrum to be auctioned in Auction No. 30 is the subject of an international conference (WRC-2000) and may be affected by the conference. The United States and other Inter-American Telecommunications Commission (CITEL) administrations have a joint proposal relating to this spectrum. CITEL is the telecommunications branch of the Organization of American States. To review this proposal, please see
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  • FCC Form 175. However, applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement(s) in their Form 175 short-form applications. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application under Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas. By signing their FCC Form 175 short- form applications, applicants are
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  • WT Docket No. 99-168, FCC 00-5 (rel. January 7, 2000) 65 Fed. Reg. 3139 (January 20, 2000) at �� 137-141. See Service Rules for the 746-764 and 776-794 MHz Bands, and Revisions to Part 27 of the Commission's Rules, Second Report and Order, WT Docket No. 99-168, FCC 00-90 (rel. March 9, 2000) at � 105. See 47 C.F.R. � 1.2105 (c). See e.g., Wireless Telecommunications Bureau Provides Guidance on the Anti-Collusion Rule for D, E and F Block Bidders, Public Notice, DA 96-1460, (rel. August 28, 1996). $ B � ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O�
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  • Section 0.331 of the Commission's rules. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Wireless Telecommunications Bureau See Letter to Margaret Wiener, Chief, Legal Branch, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, from Messrs. Thomas Gutierrez and Todd Slamowitz, Counsel for Bell Mountain Communications, Inc., Re: Waiver of Upfront Payment Deadline (April 5, 2000) (``Request''). 47 C.F.R. � 1.2105(b)(2). 47 C.F.R. � 1.925. See ``Auction of Licenses for Fixed Point-to-Point Microwave Service in the 38.6 to 40.0 GHz (39 GHz) Band; Auction Notice and Filing Requirements for 2,450 Licenses in the 39 GHz Band Scheduled for April 12, 2000: Minimum Opening Bids and Other Procedural Issues,'' Public Notice, DA 00-112 (rel. January 21, 2000) (``Auction No. 30 Public Notice'').
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  • College, PA 16801-3963 Dear Mr. Beyerle: This letter responds to the Letter you filed on April 6, 2000, seeking permission to amend your FCC Form 175 (``short-form application'') for participation in Auction No. 30 to add 39 GHz license frequency blocks B through N within the market service areas specified in your application. Specifically, you request a waiver of Section 1.2105 (b)(2) of the Commission's rules to permit a change to frequencies within the market service areas identified in your short-form application. You contend that you intended to select all the 39 GHz license blocks for the market service areas in which you actually selected only one license block. For the reasons discussed below, we deny your Request. To obtain a
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 00-892 May 8, 2000 Mr. David E. Beyerle 331 S. Gill Street State College, PA 16801-3963 Dear Mr. Beyerle: This will respond to your April 14, 2000 letter seeking permission to amend your FCC Form 175 (``short-form application'') to participate in Auction No. 30. Specifically, you request a waiver of Section 1.2105(b)(2) of the Commission's rules to permit you to amend your short-form application to add 39 GHz license frequency blocks B through N within the market service areas identified in your application. You initially requested such a waiver by letter dated April 6, 2000. On April 11, 2000, the Auctions and Industry Analysis Division (``Division'') denied your request. Upon consideration of
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  • FUTURE ELIGIBILITY Does being an ``Ineligible Entity'' affect my ability to participate in future auctions? No. For purposes of future auctions that do not involve the extension of credit by the government, entities determined to be ineligible (former licensees) will be deemed ``former defaulters'' and eligible to participate in future elections provided they can make the certification required under Section 1.2105(a)(2)(x) of the Commission's general competitive bidding rules. Do any of the election options available to ``Eligible Licensees'' affect my ability to participate in future auctions? No, they do not. VIII. MISCELLANEOUS Is there a difference between ``accrued and unpaid'' and ``unpaid'' interest under the Reamortization option? No. ``Accrued and unpaid'' interest and ``unpaid'' interest are the same. Both terms refer
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  • and applications, a public notice listing all applicants qualified to bid in the auction will be released. The same public notice will also include instructions on how to access the auction tracking tool software, a bidding schedule for the Mock Auction, and the bidding schedule for the first day of the auction. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 39, this prohibition became effective at the filing deadline of short-form applications on
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  • construction permit in that same market. However, applicants may enter into bidding agreements before filing their FCC Form 175, as long as they disclose the existence of the agreement(s) in their FCC Form 175. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application under Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same market. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance
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  • noon on Friday, June 1, 2001. See Attachment C for downloading/installation instructions. This software is specifically designed for this simulation, and is not adaptable to any other FCC spectrum auction. As part of the software, the Commission has established a suggestion box and welcomes your comments regarding the software. OTHER IMPORTANT INFORMATION Prohibition of Collusion. Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 39, this prohibition became effective at the filing deadline of short-form applications on
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  • exclusive group. However, the mutual exclusivity in the new, smaller group must be completely resolved by either engineering amendment or settlement. We will not consider settlements that simply break apart a daisy chain group into smaller groups of applicants whose mutual exclusivities still must be resolved by auction. Anti-Collusion Rule. The prohibition of collusion set forth in 47 C.F.R. � 1.2105(c) became effective upon the filing of the FCC Form 175, Application to Participate in an FCC Auction. However, the Commission's Rules provide for a limited opportunity to settle, or otherwise resolve mutual exclusivities by means of engineering solutions, following the filing of the FCC Form 175 applications. Specifically, parties in MX groups listed in Attachment A may discuss possible settlement
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  • apply to Auction No. 31. The Bureau has set forth below significant amendments to the Competitive Bidding Rules, but it is the responsibility of each applicant to carefully review and comply with all applicable rules. Ownership Disclosure Requirements (Form 175 Exhibit A) All applicants must comply with the uniform Part 1 ownership disclosure standards and provide information required by Sections 1.2105 and 1.2112 of the Commission's Rules. Specifically, in completing Form 175, applicants will be required to file an Exhibit A providing a full and complete statement of the ownership of the bidding entity. The ownership disclosure standards for the short-form are set forth in Section 1.2112 of the Commission's Rules. Provisions Regarding Defaulters and Former Defaulters (Form 175, Exhibit D)
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  • application accurate and complete. For additional information, contact Shaun Maher at the Video Services Division, Mass Media Bureau at (202) 418-1600. List of Attachments: Attachment A: Pre-Auction Procedures Attachment B: Guidelines for Completion of FCC Form 175 and Exhibits Attachment C: Eligibility for New Entrant Bidding Credit; Ownership Disclosure Requirements; Consortia and Joint Bidding Arrangements 1 See 47 C.F.R � 1.2105(a). 3 ATTACHMENT A PRE-AUCTION PROCEDURES A. Short-Form Application (FCC Form 175) Filing Procedures -- Due June 29, 2001, 5:30 p.m. ET All applicants must submit an FCC Form 175 application no later than 5:30 p.m. ET on June 29, 2001. Late applications will not be accepted. There is no application fee required when filing an FCC Form 175. (1) Manual
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  • and applications, a public notice listing all applicants qualified to bid in the auction will be released. The same public notice will also include instructions on how to access the auction tracking tool software, a bidding schedule for the Mock Auction, and the bidding schedule for the first day of the auction. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 38, this prohibition became effective at the filing deadline of short-form applications on
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  • As explained more fully in the Auction No. 39 Procedural Public Notice, this prohibition began with the filing of short-form applications and ends on the down payment due date. The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. * * * * * For further information, contact News Media: Meribeth McCarrick at 202-418-0654 Technical Support Hotline: Technical Support Personnel at 202-414-1250 (V) or 202-414-1255 (text telephone (TTY)) Office of the Managing Director Auctions Accounting Group (Payment, FCC Form 159 and refund questions) Gail Glasser or Tim Dates at 202-418-1995
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  • 310(b)(4)'s twenty-five percent benchmark. See id. In keeping with this pre-approval process, auction applicants are required to certify in their short form 175 applications that they are either in compliance with the foreign ownership requirements of Section 310 or that they have filed a request for relief of those requirements that is pending with the Commission. See 47 C.F.R. � 1.2105(a)(2)(v), (vi). Similarly, where foreign ownership is at issue, applicants must indicate in their long form 601 application that they have either received a declaratory ruling that grants them permission to exceed the statutory benchmark of Section 310(b)(4) or that they have a request currently pending at the Commission. Applicants are advised that petitions for declaratory ruling to exceed the Section
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  • 310(b)(4)'s twenty-five percent benchmark. See id. In keeping with this pre-approval process, auction applicants are required to certify in their FCC Form 175 applications that they either are in compliance with the foreign ownership requirements of Section 310 or that they have filed a request for relief from those requirements that is pending with the Commission. See 47 C.F.R. � 1.2105(a)(2)(v), (vi). Similarly, where foreign ownership is at issue, applicants must indicate in their FCC Form 601 applications that they either have received a declaratory ruling that grants them permission to exceed the statutory benchmark of Section 310(b)(4) or that they have a request currently pending at the Commission. Applicants are advised that petitions for declaratory ruling to exceed the Section
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  • copy of the related FCC Form 175. A courtesy copy of any Form 175/Form 301 application package filed during the window should also be sent to Elizabeth Robinson, Federal Communications Commission, Mass Media Bureau, Audio Services Division, Room 2-B450, 445 12th Street, S.W., Washington, D.C. 20554. (3) Completion of the FCC Form 175 Applicants should carefully review 47 C.F.R. Sections 1.2105 and 73.5002 and must complete all items on the FCC Form 175. Detailed instructions for completing the FCC Form 175 are listed in Attachment B of this Public Notice. Failure to sign the FCC Form 175 will result in dismissal of the application and loss of the ability to participate in the auction. Only original signatures will be accepted for
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  • No. 82 Filing Window Public Notice''). The Auction No. 82 Filing Window Public Notice announced an auction filing window for new analog television stations for Channel 47 in Columbia, South Carolina; Channel 51 in Pittsfield, Massachusetts; Channel 34 in Magee, Mississippi; and Channel 16 in Scottsbluff, Nebraska. See Auction No. 82 Filing Window Public Notice, Attachment B. 47 C.F.R. � 1.2105(a)(2)(x). See Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000) (``Part 1 Fifth Report and Order''). 47 C.F.R. � 1.2105(a)(2)(xi). Part 1 Fifth Report and Order, 15
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  • the initiation of an investigation when warranted. The Commission's anti-collusion rules allow applicants to form certain agreements during the auction, provided the applicants have not applied for licenses covering the same geographic areas. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application pursuant to Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for licenses covering the same geographic areas. By signing their FCC Form 175 short-form applications, applicants are
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  • until after the down payment deadline. However, applicants may enter into bidding agreements before filing their FCC Form 175, as long as they disclose the existence of the agreement(s) in their Form 175. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application pursuant to Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for licenses covering the same geographic areas. By signing their FCC Form 175 short-form applications, applicants are
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  • the same manner as the defined increment used to set the minimum acceptable bid. Advance notice of the Bureau's decision to exercise its discretion with regard to acceptable bids in any manner will be announced via the Automated Auction System. Auction No. 40 Procedures Public Notice at 31 n.86. Id. Id. at 31-32. Id. at 31. See 47 C.F.R. � 1.2105(c). � $ B # $ # $ �� ! " $ � � ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D N ��- >��r�Kp��-~i�f�M�� z} ���� tm��(c)��cv `��� 0i 0i 0i 0i
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  • 175 applications, and correlation of payments and applications, a public notice listing all applicants qualified to bid in the auction will be released. The same public notice will also include instructions for participating in the mock auction and a bidding schedule for the mock auction and the first day of the auction. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 41, this prohibition became effective at the filing deadline of short-form applications on
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  • As explained more fully in the Auction No. 35 Procedures Public Notice, this prohibition began with the filing of short-form applications and ends on the down payment due date. The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. * * * * * For further information, contact News Media: Mark Rubin at 202-418-2924 Technical Support Hotline: Technical Support Personnel at 202-414-1250 (V) or 202-414-1255 (text telephone (TTY)) Office of the Managing Director Auctions Accounting Group (Payment, FCC Form 159 and refund questions) Gail Glasser or Tim Dates At 202-418-1995
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  • 310(b)(4)'s twenty-five percent benchmark. See id. In keeping with this pre-approval process, auction applicants are required to certify in their short form 175 applications that they are either in compliance with the foreign ownership requirements of Section 310 or that they have filed a request for relief of those requirements that is pending with the Commission. See 47 C.F.R. � 1.2105(a)(2)(v), (vi). Similarly, where foreign ownership is at issue, applicants must indicate in their long form 601 application that they have either received a declaratory ruling that grants them permission to exceed the statutory benchmark of section 310(b)(4) or that they have a request currently pending at the Commission. Applicants are advised that petitions for declaratory ruling to exceed the section
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  • of its controlling interests, have ever been in default on any Commission license or delinquent on any non-tax debt owed to any Federal agency. Finally, applicants are reminded that the statement must cover delinquencies on non-tax debts to any Federal agency as well as any defaults on Commission licenses. - - - FCC - - - See 47 C.F.R. � 1.2105(a). See AMOR Family Broadcasting Group v. FCC, 918 F.2d 960, 962 (D.C. Cir. 1990); P & R Temmer v. FCC, 743 F.2d 918, 931 (D.C. Cir. 1984); Request of 220 Television, Inc., Dayton Ohio, 81 FCC 2d 575, 577 (1980). See 47 C.F.R. � 1.2101 et seq. Lower and Upper Paging Bands Auction Scheduled for June 26, 2001; Notice and
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  • bidding schedule for Friday, September 28, 2001, will be: Round 1 Bidding Period 9:00 a.m. - 10:00 a.m. ET Round 2 Bidding Period 11:00 a.m. - 12:00 p.m. ET Round 3 Bidding Period 1:00 p.m. - 1:30 p.m. ET Round 4 Bidding Period 2:30 p.m. - 3:00 p.m. ET OTHER IMPORTANT INFORMATION Prohibition of Collusion. Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 41, this prohibition became effective at the filing deadline of short-form applications on
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  • request is denied. This action is taken under authority delegated pursuant to Section 0.331 of the Commission's rules. Sincerely, Margaret W. Wiener Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau Application of Codecom, Inc. for Participation in Auction No. 41, Request for Rule Waiver and Request for Expedited Action, filed September 13, 2001 (``Waiver Request''). Id. 47 C.F.R. � 1.2105(b)(2). 47 C.F.R. � 1.925. ``Narrowband PCS Spectrum Auction Scheduled for October 3, 2001, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedural Issues,'' Public Notice, DA 01-1592, at Section III.D. (rel. July 9, 2001), 66 Fed. Reg. 38690 (``Auction No. 41 Procedures Public Notice''). Auction No. 41 Procedures Public Notice at Section III.D. Waiver Request at 1.
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  • be restricted as a result of current or future agreements with Canada or Mexico. Potential bidders are solely responsible for identifying associated risks and investigating and evaluating the degree to which such matters may affect their ability to bid on, otherwise acquire, or make use of licenses available in Auction No. 40. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 40, this prohibition became effective at the filing deadline of short-form applications on
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  • until after the down payment deadline. However, applicants may enter into bidding agreements before filing their FCC Form 175, as long as they disclose the existence of the agreement(s) in their Form 175. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application pursuant to Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for licenses covering the same geographic areas. By signing their FCC Form 175 short-form applications, applicants are
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  • restricted as a result of current or future agreements with Canada or Mexico. Potential bidders are solely responsible for identifying associated risks and investigating and evaluating the degree to which such matters may affect their ability to bid on, otherwise acquire, or make use of the licenses available in Auction No. 42. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 42, this prohibition became effective at the short-form application filing deadline on Friday,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2418A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2418A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2418A1.txt
  • bidding schedule for Thursday, October 25, 2001, will be: Round 1 Bidding Period 9:00 a.m. - 11:00 a.m. ET Round 2 Bidding Period 12:30 p.m. - 1:30 p.m. ET Round 3 Bidding Period 2:30 p.m. - 3:00 p.m. ET Round 4 Bidding Period 4:00 p.m. - 4:30 p.m. ET OTHER IMPORTANT INFORMATION Prohibition of Collusion. Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 40, this prohibition became effective at the filing deadline of short-form applications on
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  • As explained more fully in the Auction No. 41 Procedures Public Notice, this prohibition began with the filing of short-form applications and ends on the down payment due date. The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. Return of SecurID Cards Bidders are encouraged to return their SecurID cards to the FCC by November 1, 2001 for recycling. A pre-addressed, stamped envelope is provided in this mailing that bidders should use to return the cards now that the auction is over. Please note that each SecurID card is
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  • 310(b)(4)'s twenty-five percent benchmark. See id. In keeping with this pre-approval process, auction applicants are required to certify in their FCC Form 175 applications that they either are in compliance with the foreign ownership requirements of Section 310 or that they have filed a request for relief from those requirements that is pending with the Commission. See 47 C.F.R. � 1.2105(a)(2)(v), (vi). Similarly, where foreign ownership is at issue, applicants must indicate in their FCC Form 601 applications that they either have received a declaratory ruling that grants them permission to exceed the statutory benchmark of Section 310(b)(4) or that they have a request currently pending at the Commission. Applicants are advised that petitions for declaratory ruling to exceed the Section
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  • from Alendra Lyons, Lynn Communication, Inc. to Lisa Stover, Federal Communications Commission, dated September 21, 2001 (``Letter''). Auction of Licenses for Lower and Upper Paging Bands Postponed Until October 30, 2001, Public Notice, DA 01-1307 (rel. May 25, 2001) (``Auction No. 40 Postponement Public Notice''). Letter at 1. The attacks took place on Tuesday, September 11, 2001. 47 C.F.R. � 1.2105(a). 47 C.F.R. � 1.925. Auction No. 40 Postponement Public Notice at 1. Wireless Telecommunications Bureau Staff Provides Guidance on Completing the Short-Form Application (FCC Form 175) for Auction No. 40, Auction of Licenses for Lower and Upper Paging Bands, Public Notice, DA 01-2122 (rel. Sept. 10, 2001) (``Auction No. 40 Staff Guidance Public Notice'') at 1. Access to the FCC's
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  • API filed a short-form application to participate in Auction No. 40 prior to the original 6 p.m. May 14, 2001 deadline and API intended to participate in Auction No. 40. Based on the record before us, API does not satisfy the Commission's criteria for granting a waiver of the short-form application deadline. The Commission set the deadline pursuant to Section 1.2105(a)(1). That rule's underlying purpose is to establish a fixed date by which all applicants interested in participating in the auction must provide the Commission with relevant information. Among other things, using a fixed date both provides the Commission with sufficient time to review applications prior to the auction and identifies the pool of potential bidders. API has not shown that
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  • information is generalized and conclusory. Furthermore, the application fails to explain how disclosure of the information could result in substantial competitive harm. Mr. Valois' request, therefore, does not justify withholding from public inspection materials that bear upon his qualifications to participate in Auction No. 40 as a ``very small business'' receiving a thirty-five percent bidding credit. See 47 C.F.R. �� 1.2105, 2110, 2112. Additionally, the other sections under which Mr. Valois requested nondisclosure of the revenue information either do not exist or do not apply. Accordingly, the request for confidential treatment of the revenue information in Mr. Valois' FCC Form 175 submitted for Auction No. 40 is denied. This action is taken under authority delegated pursuant to Section 0.331 of the
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  • ) ) ) ) ) ) ) ) File No.0000096244 Adopted: October 24, 2001 Released: October 25, 2001 By the Deputy Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. By this action, we set forth the disqualification and the default payment obligations and procedures for Trompex Corporation (``Trompex''), resulting from its violation of sections 1.2105(b)(2) and (c)(2) of the Commission's rules during the Commission's 929 and 931 MHz Paging Auction, Auction No. 26 (``Auction No. 26''). As discussed below, we find that Trompex is disqualified to be a Commission licensee and is subject to an initial default payment in the amount of $26,343. We also dismiss the long-form application of Supra Telecommunications & Information Systems,
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  • bidding schedule for Friday, November 9, 2001, will be: Round 1 Bidding Period 9:00 a.m. - 11:00 a.m. ET Round 2 Bidding Period 12:30 p.m. - 1:30 p.m. ET Round 3 Bidding Period 2:30 p.m. - 3:00 p.m. ET Round 4 Bidding Period 4:00 p.m. - 4:30 p.m. ET OTHER IMPORTANT INFORMATION Prohibition of Collusion. Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 42, this prohibition became effective at the filing deadline of short-form applications on
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  • noon on Thursday, February 8, 2001. See Attachment C for downloading/installation instructions. This software is specifically designed for this simulation, and is not adaptable to any other FCC spectrum auction. As part of the software, the Commission has established a suggestion box and welcomes your comments regarding the software. OTHER IMPORTANT INFORMATION Prohibition of Collusion. Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 38, this prohibition became effective at the filing deadline of short-form applications on
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  • of converting from analog to digital operation and that stations may have pending applications to construct and operate digital television facilities, construction permits and/or licenses for such digital facilities. Bidders should investigate the impact such applications, permits and licenses may have on their ability to operate the facilities proposed in this auction. Prohibition of Collusion Bidders are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 82, this prohibition became effective at the short-form application filing deadline on Friday,
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  • restricted as a result of current or future agreements with Canada or Mexico. Potential bidders are solely responsible for identifying associated risks and investigating and evaluating the degree to which such matters may affect their ability to bid on, otherwise acquire, or make use of the licenses available in Auction No. 43. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 43, this prohibition became effective at the short-form application filing deadline on Friday,
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  • in the Auction No. 42 Procedures Public Notice, this prohibition began with the filing of short-form applications and ends on the down payment due date, or December 14, 2001. The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. Return of SecurID Cards Bidders are encouraged to return their SecurID cards to the FCC by December 14, 2001 for recycling. A pre-addressed, stamped envelope is provided in this mailing that bidders should use to return the cards now that the auction is over. Please note that each SecurID card is
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  • 310(b)(4)of the Communications Act, as amended. In keeping with this pre-approval process, auction applicants are required to certify in their FCC Form 175 applications that they either are in compliance with the foreign ownership requirements of Section 310 or that they have filed a request for relief from those requirements that is pending with the Commission. See 47 C.F.R. � 1.2105(a)(2)(v), (vi). Similarly, where foreign ownership is at issue, applicants must indicate in their FCC Form 601 applications that they either have received a declaratory ruling that grants them permission to exceed the statutory benchmark of Section 310(b)(4) or that they have a request currently pending at the Commission. Applicants are advised that petitions for declaratory ruling to exceed the Section
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  • to section 76.1502 (e)(1) of the Commission's rules. Id., � 2. The Bureau makes this temporary procedural change pursuant to 47 C.F.R. � 0.131(c). See also 5 U.S.C. � 553 (b)(A); Interim Electronic Filing Order, � 1. There is one exception to the refiling requirement, detailed infra. All FCC Forms 175 are required to be filed electronically. 47 C.F.R. � 1.2105(a). See Auction No. 43 Multi-Radio Service Auction Scheduled for January 10, 2002: Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedural Issues, Public Notice, DA 01-2315, Att. D, Electronic Filing and Review of the FCC Form 175 (rel. Oct. 10, 2001) (``Procedures PN''). Documents filed electronically as miscellaneous attachments to FCC Forms 175 remain subject to the
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  • in the Auction No. 40 Procedures Public Notice, this prohibition began with the filing of short-form applications and ends on the down payment due date, or December 27, 2001. The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. Return of SecurID Cards Bidders are encouraged to return their SecurID cards to the FCC by December 27, 2001 for recycling. A pre-addressed, stamped envelope is provided in this mailing that bidders should use to return the cards now that the auction is over. Please note that each SecurID card is
• 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
  • 310(b)(4)'s twenty-five percent benchmark. See id. In keeping with this pre-approval process, auction applicants are required to certify in their FCC Form 175 applications that they either are in compliance with the foreign ownership requirements of Section 310 or that they have filed a request for relief from those requirements that is pending with the Commission. See 47 C.F.R. � 1.2105(a)(2)(v), (vi). Similarly, where foreign ownership is at issue, applicants must indicate in their FCC Form 601 applications that they either have received a declaratory ruling that grants them permission to exceed the statutory benchmark of Section 310(b)(4) or that they have a request currently pending at the Commission. Applicants are advised that petitions for declaratory ruling to exceed the Section
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-287A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-287A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-287A1.txt
  • D, filed June 26, 2000. Wireless Telecommunications Bureau Market-Based Applications Accepted for Filing, Public Notice, Report No. 570 (rel. Jun. 28, 2000). We note that acceptance for filing does not preclude subsequent dismissal of an application that is found, upon further examination, to be defective. 47 C.F.R. � 1.933(b). 47 C.F.R. � 1.925(b)(3)(ii). 47 C.F.R. � 1.2112(a). 47 C.F.R. �� 1.2105(a)(2)(viii), (ix), 1.2107(d). 47 C.F.R. � 101.7. See generally Implementation of Section 309(j) of the Communications Act - Competitive Bidding, Second Report and Order, PP Docket No. 93-253, 9 FCC Rcd 2348, 2375 � 161, 2387 � 225 (1994) (Competitive Bidding Second Report and Order). 47 C.F.R. �� 1.2110(i), 101.1209(b); cf. Competitive Bidding Second Report and Order, 9 FCC Rcd at
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  • contractor, Qualex International, Portals II, 445 12th Street, SW, Room CY-B402, Washington, DC 20554, telephone 202-863-2893, facsimile 202-863-2898, or via e-mail qualexint@aol.com. When ordering documents from Qualex, please provide the appropriate FCC number (for example, FCC 98-194 for the Broadcast First Report and Order and FCC 99-74 for the Broadcast Reconsideration Order). Prohibition of Collusion Bidders are reminded that Section 1.2105(c) of the Commission's rules prohibits short-form applicants from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For further details regarding the anti-collusion rule, refer to the Auction Filing Window Public Notice, released May 25, 2001. For Auction
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  • 2 Bidding Period 11:00 a.m. - 12:00 p.m. ET Round 3 Bidding Period 1:00 p.m. - 1:30 p.m. ET Round 4 Bidding Period 2:00 p.m. - 2:30 p.m. ET Round 5 Bidding Period 3:00 p.m. - 3:15 p.m. ET Round 6 Bidding Period 4:00 p.m. - 4:15 p.m. ET OTHER IMPORTANT INFORMATION Prohibition of Collusion. Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 43, this prohibition became effective at the filing deadline of short-form applications on
• 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
  • As explained more fully in the Auction No. 38 Procedures Public Notice, this prohibition began with the filing of short-form applications and ends on the down payment due date. The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. * * * * * For further information, contact News Media: Mark Rubin at 202-418-2924 Technical Support Hotline: Technical Support Personnel at 202-414-1250 (V) or 202-414-1255 (text telephone (TTY)) Office of the Managing Director Auctions Accounting Group (Payment, FCC Form 159 and refund questions) Gail Glasser or Tim Dates At 202-418-1995
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  • 310(b)(4)'s twenty-five percent benchmark. See id. In keeping with this pre-approval process, auction applicants are required to certify in their short form 175 applications that they are either in compliance with the foreign ownership requirements of Section 310 or that they have filed a request for relief of those requirements that is pending with the Commission. See 47 C.F.R. � 1.2105(a)(2)(v), (vi). Similarly, where foreign ownership is at issue, applicants must indicate in their long form 601 application that they have either received a declaratory ruling that grants them permission to exceed the statutory benchmark of Section 310(b)(4) or that they have a request currently pending at the Commission. Applicants are advised that petitions for declaratory ruling to exceed the Section
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  • mutually exclusive with another application IS DENIED. Sincerely, Roy J. Stewart, Chief Mass Media Bureau cc: Jeffrey B. Bate The technical information consists of Section I and the Section III-A Tech Box of FCC Form 301, Application for Construction Permit. The technical information permits the staff to determine mutual exclusivities between applicants. See 47 U.S.C. � 309(j); 47 C.F.R. �� 1.2105, 73.3571, 73.5002(a); AM Auction Filing Window and Application Freeze; Notice and Filing Requirements Regarding January 24 - 28, 2000 Window for Certain AM Construction Permits; Notice Regarding Freeze on the Acceptance of AM Minor Change Construction Permits from December 24, 1999 to January 21, 2000, Public Notice, 14 FCC Rcd 19490 (1999) (``AM Filing Window Public Notice''). AM Auction No.
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  • June 14, 2000; Minimum Opening Bids and Other Procedural Issues,'' Public Notice, DA 00-781 (released April 10, 2000) (``Auction No. 33 Procedures Public Notice''). See Auction No. 33 Procedures Public Notice. For information on the minimum opening bid for each of the licenses offered in Auction No. 33, see Attachment A. See 47 C.F.R � 1.65. See 47 C.F.R. � 1.2105(b). Id. See Auction No. 33 Procedures Public Notice at 9-10 See C.F.R. � 27.604. Id. See C.F.R. � 1.2104(g)(1). See C.F.R. � 1.2104(g)(2); see also � 1.2109(c). See 47 C.F.R. � 1.2112(b). a $ B � � � � � R� � �0� �`� �� �0� �� ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c)
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  • in the same VPC or EA. However, applicants may enter into bidding agreements before filing their FCC Form 175, as long as they disclose the existence of the agreement(s) in their FCC Form 175. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application under Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas. By signing their FCC Form 175 short-form applications, applicants are certifying
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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 Highland Cellular, Inc. Request for Waiver of 47 C.F.R. � 1.2105(b)(2) ) ) ) ) File No. 0000012881 Adopted: April 4, 2001 Released: April 6, 2001 By Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. By this Order, the Commercial Wireless Division (CWD) of the Wireless Telecommunications Bureau (WTB) denies Highland Cellular, Inc.'s (Highland) Petition for Reconsideration of CWD's denial of Highland's request for waiver of section 1.2105(b)(2) of the
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  • bidding schedule for Thursday, May 23, 2002, will be: Round 1 Bidding Period 9:00 a.m. - 10:00 a.m. ET Round 2 Bidding Period 11:00 a.m. - 12:00 p.m. ET Round 3 Bidding Period 1:30 p.m. - 2:00 p.m. ET Round 4 Bidding Period 3:00 p.m. - 3:15 p.m. ET OTHER IMPORTANT INFORMATION Prohibition of Collusion. Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 45, this prohibition became effective at the filing deadline of short-form applications on
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  • or near, the EAG, MSA, or RSA for which they plan to bid. Potential bidders are solely responsible for identifying associated risks and for investigating and evaluating the degree to which such matters may affect their ability to bid on, otherwise acquire, or make use of licenses available in Auction No. 44. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for licenses in any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). The Bureau has previously stated that auction applicants who have applied for
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  • its affiliate Lancaster Communications, Inc. (``Lancaster'') with respect to a pending Petition for Reconsideration filed by Lancaster on April 25, 2002. 47 C.F.R. � 1.113(a). We note, however, that Paris is listed as a qualified bidder only conditionally, until resolution of a pending Petition for Reconsideration filed by Lancaster, an affiliate of Paris, which will determine Paris' compliance with Section 1.2105(a)(2)(x) of the Commission's rules. 47 C.F.R. � 1.2105(a)(2)(x). The Wireless Telecommunications Bureau reserves 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1316A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1316A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1316A1.txt
  • in the Auction No. 45 Procedures Public Notice, this prohibition began with the filing of short-form applications and ends on the down payment due date, or June 20, 2002. The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. L. Return of SecurID Cards Bidders are encouraged to return their SecurID cards to the FCC by June 20, 2002 for recycling. The Commission will send bidders a copy of this Public Notice and a pre-addressed, stamped envelope. All bidders should use the envelope to return the cards now that the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1316A4.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1316A4.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1316A4.txt
  • 310(b)(4)'s twenty-five percent benchmark. See id. In keeping with this pre-approval process, auction applicants are required to certify in their FCC Form 175 applications that they either are in compliance with the foreign ownership requirements of Section 310 or that they have filed a request for relief from those requirements that is pending with the Commission. See 47 C.F.R. � 1.2105(a)(2)(v), (vi). Similarly, where foreign ownership is at issue, applicants must indicate in their FCC Form 601 applications that they either have received a declaratory ruling that grants them permission to exceed the statutory benchmark of Section 310(b)(4) or that they have a request currently pending at the Commission. Applicants are advised that petitions for declaratory ruling to exceed the Section
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1346A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1346A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1346A1.txt
  • 2 Bidding Period 11:00 a.m. - 12:00 p.m. ET Round 3 Bidding Period 1:00 p.m. - 1:30 p.m. ET Round 4 Bidding Period 2:00 p.m. - 2:30 p.m. ET Round 5 Bidding Period 3:00 p.m. - 3:15 p.m. ET Round 6 Bidding Period 4:00 p.m. - 4:15 p.m. ET OTHER IMPORTANT INFORMATION Prohibition of Collusion. Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 44, this prohibition became effective at the filing deadline of short-form applications on
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1491A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1491A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1491A2.txt
  • Licenses for 698-746 MHZ Band; 128 Qualified Bidders, Public Notice, DA 02-1346 (rel. June 7, 2002)("Auction No. 44 Qualified Bidders Public Notice"). See Auction Reform Act, sec. 3 (adding para. 15(D) to 47 U.S.C. � 309(j)). See id., sec. 3 (adding para. 15(C)(ii) to 47 U.S.C. � 309(j)). See Auction No. 44 Qualified Bidders Public Notice. See 47 C.F.R. � 1.2105(c). See Auction Reform Act, sec. 3 (adding para. 15(C) to 47 U.S.C. � 309(j)). MSAs and RSAs are sometimes collectively referred to as Cellular Market Areas (CMAs). Auction Reform Act, sec. 3 (adding para. 15(D) to 47 U.S.C. � 309(j)). The qualified bidders in this category are: Aloha Partners, L.P.; Cavalier Group, LLC; Council Tree Wireless, L.L.C.; DataCom Wireless, L.L.C.;
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-155A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-155A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-155A1.txt
  • bidding schedule for Thursday, January 31, 2002, will be: Round 1 Bidding Period 9:00 a.m. - 10:00 a.m. ET Round 2 Bidding Period 11:00 a.m. - 12:00 p.m. ET Round 3 Bidding Period 1:30 p.m. - 2:00 p.m. ET Round 4 Bidding Period 3:00 p.m. - 3:15 p.m. ET OTHER IMPORTANT INFORMATION Prohibition of Collusion. Bidders are reminded that Section 1.2105(c) of the Commission's rules prohibits short-form applicants from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 82, this prohibition became effective at the filing deadline of short-form applications on Friday, June 29, 2001, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-157A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-157A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-157A1.txt
  • in the Auction No. 43 Procedures Public Notice, this prohibition began with the filing of short-form applications and ends on the down payment due date, or February 5, 2002. The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. Return of SecurID Cards Bidders are encouraged to return their SecurID cards to the FCC by February 5, 2002 for recycling. A pre-addressed, stamped envelope is provided in this mailing that bidders should use to return the cards now that the auction is over. Please note that each SecurID card is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-157A6.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-157A6.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-157A6.txt
  • 310(b)(4)'s twenty-five percent benchmark. See id. In keeping with this pre-approval process, auction applicants are required to certify in their FCC Form 175 applications that they either are in compliance with the foreign ownership requirements of Section 310 or that they have filed a request for relief from those requirements that is pending with the Commission. See 47 C.F.R. � 1.2105(a)(2)(v), (vi). Similarly, where foreign ownership is at issue, applicants must indicate in their FCC Form 601 applications that they either have received a declaratory ruling that grants them permission to exceed the statutory benchmark of Section 310(b)(4) or that they have a request currently pending at the Commission. Applicants are advised that petitions for declaratory ruling to exceed the Section
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  • filing short-form applications. In the 24 GHz Report and Order, the Commission did not establish the effective date of the service rules as the date for filing applications for 24 GHz service licenses. Rather, it adopted a geographic licensing scheme and the Part 1 competitive bidding rules to resolve any mutually exclusive license applications. The Part 1 rules include Section 1.2105(a), which states that the Commission will specify by public notice a date on which short-form applications may be filed. Specifically, Section 1.2105(a) provides that short-form applications are due to be filed ``(i) [o]n the date(s) specified by public notice; or (ii) [i]n the case of application filing dates which occur automatically by operation of law ... on a date specified
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  • from the Administrative Procedures Act's notice and comment requirement.'' No general administrative law principle precludes the Bureau, when appropriate, from altering prior deadlines and allowing qualified bidders to select additional licenses and supplement upfront payments. Moreover, contrary to Spectrum Holdings' argument that the Bureau cannot satisfy the Commission's waiver rule, the present circumstances plainly support the Bureau's waiver of Section 1.2105(b)(2), which prohibits post-deadline amendments to license selections, and the upfront payment deadline. As noted in the Auction No. 44 Revised Schedule Public Notice, the Bureau established the challenged procedures because qualified bidders could not have anticipated the Auction Reform Act's changes to Auction No. 44 when they originally submitted license selections or upfront payments. At that time, Auction No. 44
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  • the initiation of an investigation when warranted. Applicants may enter into bidding agreements before filing their FCC Form 175, as long as they disclose the existence of the agreement(s) in their Form 175. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application pursuant to Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). In
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  • Upper Paging Bands, DA 01-2122, Public Notice, 16 FCC Rcd 16,391, 16,393-94 (2001) (``all applicants seeking bidding credits must list `the names, addresses, and citizenship of all officers, directors, and other controlling interests[.]' . . . To avoid any uncertainty, applicants should state that their application provides a complete list of relevant parties.'') (emphasis in original; citation omitted). 47 C.F.R. �1.2105(b)(2). See Auction of Licenses for Lower and Upper Paging Bands, DA 01-2262, Public Notice, 16 FCC Rcd 17,185 (2001) (``Auction No. 40 Status Public Notice''). Auction No. 40 Status Public Notice, 16 FCC Rcd at 17,204. Petition at 1-2. As indicated in the Petition, Mobilfone's initial September 16, 2001 short-form application further stated that Mark E. Staley serves as Mobilfone's
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  • 4:15 p.m. ET OTHER IMPORTANT INFORMATION Prohibition of Collusion. All parties that submitted short-form applications to participate in Auction No. 44, including but not limited to qualified bidders (regardless of whether they elected to depart from the auction) are reminded that they remain subject to the Commission's anti-collusion rule until the post-auction down payment deadline. Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 44, this prohibition became effective at the filing deadline of short-form applications on
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2216A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2216A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2216A1.txt
  • Potential bidders are strongly encouraged to conduct their own research prior to Auction No. 32 in order to determine the existence of pending proceedings that might affect their decisions regarding participation in the auction. Participants in Auction No. 32 are strongly encouraged to continue such research during the auction. Prohibition of Collusion The prohibition of collusion set forth in Section 1.2105(c) of the Commission's rules prohibits mutually exclusive applicants from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 32, this prohibition became effective at the short-form application filing deadline on Tuesday, February 1, 2000, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2323A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2323A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2323A1.txt
  • in the Auction No. 44 Procedures Public Notice, this prohibition began with the filing of short-form applications and ends on the down payment due date, or October 4, 2002. The prohibition ends on the down payment due date regardless of whether a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. L. Return of SecurID Cards Bidders are encouraged to return their SecurID cards to the FCC by October 4, 2002 for recycling. The Commission will send bidders a copy of this Public Notice and a pre-addressed, stamped envelope. All bidders should use the envelope to return the cards now that the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2323A5.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2323A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2323A5.txt
  • 310(b)(4)'s twenty-five percent benchmark. See id. In keeping with this pre-approval process, auction applicants are required to certify in their FCC Form 175 applications that they either are in compliance with the foreign ownership requirements of Section 310 or that they have filed a request for relief from those requirements that is pending with the Commission. See 47 C.F.R. � 1.2105(a)(2)(v), (vi). Similarly, where foreign ownership is at issue, applicants must indicate in their FCC Form 601 applications that they either have received a declaratory ruling that grants them permission to exceed the statutory benchmark of Section 310(b)(4) or that they have a request currently pending at the Commission. Applicants are advised that petitions for declaratory ruling to exceed the Section
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2623A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2623A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2623A1.txt
  • contractor, Qualex International, Portals II, 445 12th Street, SW, Room CY-B402, Washington, DC 20554, telephone 202-863-2893, facsimile 202-863-2898, or via e-mail qualexint@aol.com. When ordering documents from Qualex, please provide the appropriate FCC number (for example, FCC 98-194 for the Broadcast First Report and Order and FCC 99-74 for the Broadcast Reconsideration Order). Prohibition of Collusion Bidders are reminded that Section 1.2105(c) of the Commission's rules prohibits competing applicants from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For further details regarding the anti-collusion rule, refer to the AM Auction Filing Window and Application Freeze Public Notice, released November
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  • each applicant before an auction. In contrast, by screening each winning bidder in more detail after the auction has closed during the long-form application process, the agency has substantially reduced the workload and associated delay while ensuring compliance with all pertinent rules. In this case, PCS Partners submitted a short-form application that contained the certifications and attachments required under Section 1.2105 of the Commission's rules to meet the minimum threshold requirement for participation in an auction. Accordingly, the short-form application was accepted for filing. Acceptance of the short-form application was entirely consistent with the Commission's two-phased approach to reviewing applications. PCS Partners further submitted the required upfront payment before the appropriate deadline. Therefore, under the Commission's rules, PCS Partners met the
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  • and electronic bidder cross reference file to reflect this change. Bidders or other parties that have downloaded the cross reference files before noon, February 4, 2002, should download the files again. Weiss was previously found qualified to bid in Auction No. 82 but submitted an amendment to his FCC Form 175 (short-form application) which constitutes a major amendment under Section 1.2105(b)(2) of the Commission's Part 1 competitive bidding rules. Under Section 1.2105(b)(2), when an amendment to a short-form application includes changes in ownership of the applicant that would constitute an assignment or transfer of control, the application will be considered to be newly-filed and may not be resubmitted after the short-form application filing deadline. Accordingly, the short-form application to participate in
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  • window was subsequently extended to February 1, 2000. AM Auction Filing Window and Application Freeze Extended to February 1, 2000, Public Notice, 15 FCC Rcd 1910 (2000). Applicants were required to file an FCC Form 175 and certain sections of FCC Form 301, Application for Construction Permit, which permitted the staff to determine mutual exclusivities between applicants. 47 C.F.R. � 1.2105(a)(2)(x). See Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293, 15316-17, �� 40-42 (2000) (``Part 1 Fifth Report and Order''). 47 C.F.R. � 1.2105(a)(2)(xi). Section 1.2105(a)(2)(xi) was not
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  • the existence and status of any pending proceedings that might affect their decisions regarding participation in the auction. Participants in Auction No. 32 are strongly encouraged to continue such research during the auction. For further details regarding due diligence, please refer to the Auction No. 32 Procedures Public Notice under Section I.B.3. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's rules prohibits competing applicants from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 32, this prohibition became effective at the short-form application filing deadline on Tuesday, February 1, 2000, and will
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3153A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3153A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3153A1.txt
  • the initiation of an investigation when warranted. Applicants may enter into bidding agreements before filing their FCC Form 175, as long as they disclose the existence of the agreement(s) in their Form 175. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application pursuant to Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other competing applicants. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3214A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3214A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3214A1.txt
  • ET Round 2 Bidding Period 11:00 a.m. - 11:30 a.m. ET Round 3 Bidding Period 1:30 p.m. - 2:00 p.m. ET Round 4 Bidding Period 3:00 p.m. - 3:15 p.m. ET OTHER IMPORTANT INFORMATION Prohibition of Collusion. All parties that submitted short-form applications to participate in Auction No. 32, including but not limited to qualified bidders, are reminded that Section 1.2105(c) of the Commission's rules prohibits competing applicants from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 32, this prohibition became effective at the filing deadline of short-form applications on Tuesday, February 1, 2000, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3450A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3450A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3450A1.txt
  • in the Auction No. 32 Procedures Public Notice, this prohibition began with the filing of short-form applications and ends on the down payment due date, or January 3, 2003. The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. J. Return of SecurID Cards Bidders are encouraged to return their SecurID cards to the FCC by January 3, 2003 for recycling. The Commission will send bidders a copy of this Public Notice and a pre-addressed, stamped envelope. All bidders should use the envelope to return the cards now that the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-355A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-355A1.txt
  • 2002; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedural Issues, Public Notice, DA 01-2882 (rel. December 13, 2001), 67 Fed. Reg. 1760 (January 14, 2002) ("Auction No. 82 Procedures Public Notice"). 12 Auction No. 82 Procedures Public Notice at 4. 6 supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. J. Return of SecurID Cards Bidders are encouraged to return their SecurID cards to the FCC by March 4, 2002 for recycling. A pre- addressed, stamped envelope is provided in this mailing that bidders should use to return the cards now that the auction is over. Please note that each SecurID
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3560A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3560A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3560A1.txt
  • they file FCC Form 175. However, all applicants may enter into bidding agreements before filing FCC Form 175, as long as they disclose the existence of the agreement(s) in their FCC Form 175. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application pursuant to Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for licenses covering the same geographic areas. By signing their FCC Form 175 short-form applications, applicants are
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3604A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3604A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3604A1.txt
  • financial qualification. For example, two years prior to providing the January 2002 Response, Mountain Solutions acknowledged in a letter to then Chairman William E. Kennard that it was wholly without resources. Letter from D. Lynn Langford, President, Mountain Solutions, to Federal Communications Commission, Chairman William E. Kennard (dated Jan. 10, 2000). 47 U.S.C. �� 308(b), 309(a), (j)(5); 47 C.F.R. � 1.2105(a)(2)(v). See also id. � 1.2105(a)(2)(vii). See, e.g., BDPCS, Inc., Memorandum Opinion and Order, 15 FCC Rcd 17,590, 17,598-601 �� 14-18 (2000) (explaining that ``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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-470A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-470A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-470A1.txt
  • until after the down payment deadline. However, applicants may enter into bidding agreements before filing their FCC Form 175, as long as they disclose the existence of the agreement(s) in their Form 175. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application pursuant to Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for licenses covering the same geographic areas. By signing their FCC Form 175 short-form applications, applicants are
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-4A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-4A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-4A1.txt
  • channel for WCSC-TV, Charleston, South Carolina, from Channel 52 to Channel 47. Pending the outcome of the Channel 47 Charleston DTV rulemaking proceeding, bidders for Channel 47 at Columbia are advised that the construction permit for their facility will be conditioned on acceptance of interference from WCSC-DT, Channel 47, Charleston, South Carolina. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for the same Mutually Exclusive (``MX'') Group from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 82, this prohibition became effective at the short-form application filing deadline on
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-563A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-563A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-563A1.txt
  • until after the down payment deadline. However, applicants may enter into bidding agreements before filing their FCC Form 175, as long as they disclose the existence of the agreement(s) in their Form 175. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application pursuant to Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for licenses covering the same geographic areas. By signing their FCC Form 175 short-form applications, applicants are
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-659A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-659A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-659A2.txt
  • until after the down payment deadline. However, applicants may enter into bidding agreements before filing their FCC Form 175, as long as they disclose the existence of the agreement(s) in their Form 175. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application pursuant to Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for licenses covering the same geographic areas. By signing their FCC Form 175 short-form applications, applicants are
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-659A2_Erratum.doc
  • until after the down payment deadline. However, applicants may enter into bidding agreements before filing their FCC Form 175, as long as they disclose the existence of the agreement(s) in their Form 175. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application pursuant to Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for licenses covering the same geographic areas. By signing their FCC Form 175 short-form applications, applicants are
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1.txt
  • 90.1005; 90.1015(b); 100.73; 101.1103; and 101.1203. Also, the following service-specific rules, which conflict or are redundant with all or part of the bid withdrawal, down or full payment default, and disqualification payment rules of section 1.2104, are removed: 21.959(a)-(b); 22.207; 22.215(b); 22.963; 24.704; 27.203; 73.5004(a); 90.805; 90.905; 90.1007; 100.74; and 100.78(b). Bidding application and certification procedures; prohibition of collusion. Section 1.2105 of the Commission's rules describes the short-form application (``FCC Form 175'') and certification procedures and the prohibition against applicant collusion. Section 1.2105 sets forth the information and certifications that applicants must provide to participate in an auction. This section also prohibits applicants from communicating with each other about bids, bidding strategies, or settlements if the applicants are bidding on licenses
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1_Erratum.doc
  • 90.1005; 90.1015(b); 100.73; 101.1103; and 101.1203. Also, the following service-specific rules, which conflict or are redundant with all or part of the bid withdrawal, down or full payment default, and disqualification payment rules of section 1.2104, are removed: 21.959(a)-(b); 22.207; 22.215(b); 22.963; 24.704; 27.203; 73.5004(a); 90.805; 90.905; 90.1007; 100.74; and 100.78(b). Bidding application and certification procedures; prohibition of collusion. Section 1.2105 of the Commission's rules describes the short-form application (``FCC Form 175'') and certification procedures and the prohibition against applicant collusion. Section 1.2105 sets forth the information and certifications that applicants must provide to participate in an auction. This section also prohibits applicants from communicating with each other about bids, bidding strategies, or settlements if the applicants are bidding on licenses
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-965A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-965A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-965A1.txt
  • of these matters may not be resolved by the time of the auction. Potential bidders are solely responsible for identifying associated risks and for investigating and evaluating the degree to which such matters may affect their ability to bid on, otherwise acquire, or make use of licenses available in Auction No. 45. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 45, this prohibition became effective at the short-form application filing deadline on Wednesday,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1049A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1049A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1049A1.txt
  • agreements with Canada and Mexico and therefore may be subject to further modification. Potential bidders are solely responsible for identifying associated risks and for investigating and evaluating the degree to which such matters may affect their ability to bid on, otherwise acquire, or make use of licenses available in Auction No. 46. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 46, this prohibition became effective at the short-form application filing deadline on Tuesday,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1090A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1090A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1090A1.txt
  • in, or near, the EA, or MEA for which they plan to bid. Potential bidders are solely responsible for identifying associated risks and for investigating and evaluating the degree to which such matters may affect their ability to bid on, otherwise acquire, or make use of licenses available in Auction No. 48. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for licenses in any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). The Bureau has previously stated that auction applicants who have applied for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1166A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1166A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1166A1.txt
  • the minimum percentage increment is 0.05 (5 percent) and the maximum percentage increment is 0.20 (20 percent). Attachment F was intended to explain how the smoothing formula and methodology work. Any factors (e.g., activity weight factor, minimum percentage increment, maximum percentage increment, etc.) displayed on Attachment F are for illustrative purpose only. Prohibition of Collusion. Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 46, this prohibition became effective at the filing deadline of short-form applications on
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1221A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1221A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1221A1.txt
  • or near, the EAG, MSA or RSA for which they plan to bid. Potential bidders are solely responsible for identifying associated risks and for investigating and evaluating the degree to which such matters may affect their ability to bid on, otherwise acquire, or make use of licenses available in Auction No. 49. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for licenses in any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). The Bureau has previously stated that auction applicants who have applied for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1268A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1268A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1268A1.txt
  • bidding schedule for Thursday, May 8, 2003, will be: Round 1 Bidding Period 9:00 a.m. - 10:30 a.m. ET Round 2 Bidding Period 12:00 p.m. - 1:00 p.m. ET Round 3 Bidding Period 2:30 p.m. - 3:00 p.m. ET Round 4 Bidding Period 4:00 p.m. - 4:15 p.m. ET OTHER IMPORTANT INFORMATION Prohibition of Collusion. Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 48, this prohibition became effective at the filing deadline of short-form applications on
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2.txt
  • amounts, bid increments, and bidding credit levels) still require service-specific notice and comment prior to each individual auction. Recent Efforts The Commission has made several changes to the competitive bidding rules of subpart Q since the release of the 2000 Biennial Review. In September 2001, the Commission released the Part 1 Seventh Report and Order, which amended and clarified section 1.2105(c) of the Commission's rules, the competitive bidding ``anti-collusion rule.'' Specifically, the Commission amended the rule so that its language clearly reflects the Commission's practice of prohibiting communications regarding bids or bidding strategies only between auction applicants that have applied to bid on licenses in any of the same geographic areas. In addition, the Commission amended the rule to (1) clarify
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2_Erratum.doc
  • amounts, bid increments, and bidding credit levels) still require service-specific notice and comment prior to each individual auction. Recent Efforts The Commission has made several changes to the competitive bidding rules of subpart Q since the release of the 2000 Biennial Review. In September 2001, the Commission released the Part 1 Seventh Report and Order, which amended and clarified section 1.2105(c) of the Commission's rules, the competitive bidding ``anti-collusion rule.'' Specifically, the Commission amended the rule so that its language clearly reflects the Commission's practice of prohibiting communications regarding bids or bidding strategies only between auction applicants that have applied to bid on licenses in any of the same geographic areas. In addition, the Commission amended the rule to (1) clarify
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1472A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1472A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1472A1.txt
  • in the Auction No. 46 Procedures Public Notice, this prohibition began with the filing of short-form applications and ends on the down payment due date, or May 16, 2003. The prohibition ends on the down payment due date regardless of whether a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. L. Return of SecurID Cards Bidders are encouraged to return their SecurID cards to the FCC by May 16, 2003 for recycling. The Commission will send bidders a copy of this Public Notice and a pre-addressed, stamped envelope. All bidders should use the envelope to return the cards now that the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1472A4.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1472A4.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1472A4.txt
  • twenty-five percent benchmark. See id. In keeping with this pre-approval process, an auction applicant is required to certify in their FCC Form 175 application that they either are in compliance with the foreign ownership requirements of Section 310 or that they have filed a request for relief from those requirements that is pending with the Commission. See 47 C.F.R. � 1.2105(a)(2)(v), (vi). Similarly, where foreign ownership is at issue, an applicant must indicate in their FCC Form 601 application that they either have received a declaratory ruling that grants them permission to exceed the statutory benchmark of Section 310(b)(4) or that they have a request currently pending at the Commission. Applicant is advised that petitions for declaratory ruling to exceed the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1547A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1547A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1547A1.txt
  • in that same market. However, all applicants may enter into bidding agreements before filing their FCC Form 175, as long as they disclose the existence of the agreement(s) in their FCC Form 175. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application pursuant to Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same market. By signing their FCC Form 175 applications, applicants are certifying their compliance with
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1565A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1565A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1565A1.txt
  • 2 Bidding Period 11:00 a.m. - 12:00 p.m. ET Round 3 Bidding Period 1:00 p.m. - 1:30 p.m. ET Round 4 Bidding Period 2:00 p.m. - 2:30 p.m. ET Round 5 Bidding Period 3:00 p.m. - 3:15 p.m. ET Round 6 Bidding Period 4:00 p.m. - 4:15 p.m. ET OTHER IMPORTANT INFORMATION Prohibition of Collusion. Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 49, this prohibition became effective at the filing deadline of short-form applications on
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1582A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1582A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1582A1.txt
  • but the 6:00 PM deadline had passed before you completed your submission. Finally, you suggest that the Commission should not require short-form applicants to submit attachments to their Form 175. Based on the record before us, you have not satisfied the Commission's criteria for granting a waiver of the short-form application deadline. The Commission set the deadline pursuant to Section 1.2105(a)(1). The rule's underlying purpose is to establish a fixed date by which all applicants interested in participating in the auction must provide the Commission with relevant information. Among other things, using a fixed date also provides the Commission with sufficient time to review applications prior to the auction and identifies the pool of potential bidders. You have not shown that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1836A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1836A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1836A1.txt
  • in the Auction No. 48 Procedures Public Notice, this prohibition began with the filing of short-form applications and ends on the down payment due date, or June 13, 2003. The prohibition ends on the down payment due date regardless of whether a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. M. Return of SecurID Cards Bidders are encouraged to return their SecurID cards to the FCC by June 13, 2003 for recycling. The Commission will send bidders a copy of this Public Notice and a pre-addressed, stamped envelope. All bidders should use the envelope to return the cards now that the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1836A7.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1836A7.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1836A7.txt
  • 310(b)(4)'s twenty-five percent benchmark. See id. In keeping with this pre-approval process, auction applicants are required to certify in their FCC Form 175 applications that they either are in compliance with the foreign ownership requirements of Section 310 or that they have filed a request for relief from those requirements that is pending with the Commission. See 47 C.F.R. � 1.2105(a)(2)(v), (vi). Similarly, where foreign ownership is at issue, applicants must indicate in their FCC Form 601 applications that they either have received a declaratory ruling that grants them permission to exceed the statutory benchmark of Section 310(b)(4) or that they have a request currently pending at the Commission. Applicants are advised that petitions for declaratory ruling to exceed the Section
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1978A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1978A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1978A1.txt
  • in the Auction No. 49 Procedures Public Notice, this prohibition began with the filing of short-form applications and ends on the down payment due date, or July 2, 2003. The prohibition ends on the down payment due date regardless of whether a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. L. Return of SecurID Cards Bidders are encouraged to return their SecurID cards to the FCC by July 2, 2003 for recycling. The Commission will send bidders a copy of this Public Notice and a pre-addressed, stamped envelope. All bidders should use the envelope to return the cards now that the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1978A6.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1978A6.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1978A6.txt
  • 310(b)(4)'s twenty-five percent benchmark. See id. In keeping with this pre-approval process, auction applicants are required to certify in their FCC Form 175 applications that they either are in compliance with the foreign ownership requirements of Section 310 or that they have filed a request for relief from those requirements that is pending with the Commission. See 47 C.F.R. � 1.2105(a)(2)(v), (vi). Similarly, where foreign ownership is at issue, applicants must indicate in their FCC Form 601 applications that they either have received a declaratory ruling that grants them permission to exceed the statutory benchmark of Section 310(b)(4) or that they have a request currently pending at the Commission. Applicants are advised that petitions for declaratory ruling to exceed the Section
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1994A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1994A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1994A1.txt
  • stated that auction applicants who have applied for licenses in any of the same geographic areas, and who are also applicants for licenses in the same or competing services must affirmatively avoid all discussions with each other that affect, or in their reasonable assessment have the potential to affect their bidding or their bidding strategy. Accordingly, the prohibition in Section 1.2105(c) applies to communications between Auction No. 50 and Auction No. 51 applicants who have applied for licenses in any of the same or overlapping geographic license areas. This prohibition begins at the short-form application filing deadline and ends at the down payment deadline after the auction. Applicants for licenses in any of the same or overlapping geographic license areas are
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2098A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2098A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2098A1.txt
  • order to determine the existence of pending proceedings that might affect their decisions regarding participation in the auction. Participants in Auction No. 54 are strongly encouraged to continue such research during the auction. For further details regarding due diligence, please refer to the Auction No. 54 Procedures Public Notice under Section I.B.3. Prohibition of Collusion: Bidders are reminded that Sections 1.2105(c) and 73.5002 of the Commission's rules prohibits applicants for the same market from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 54, this prohibition became effective at the short-form application filing deadline on Friday,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2257A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2257A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2257A1.txt
  • bidding schedule for Friday, July 18, 2003, will be: Round 1 Bidding Period 9:00 a.m. - 10:00 a.m. ET Round 2 Bidding Period 11:00 a.m. - 11:30 a.m. ET Round 3 Bidding Period 1:30 p.m. - 2:00 p.m. ET Round 4 Bidding Period 3:00 p.m. - 3:15 p.m. ET OTHER IMPORTANT INFORMATION Prohibition of Collusion. Bidders are reminded that Sections 1.2105(c) and 73.5002 of the Commission's rules prohibits applicants for the same market from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 54, this prohibition became effective at the short-form application filing deadline on Friday,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2354A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2354A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2354A1.txt
  • No. 53 Comment Public Notice; and the Part 1 Fifth Report and Order (as well as prior and subsequent Commission proceedings regarding competitive bidding procedures). (e-mail). When ordering documents from Qualex, please provide the appropriate FCC document number (for example, FCC 02-116 for the Second Report and Order). Prohibition of Collusion To ensure the competitiveness of the auction process, Section 1.2105(c) of the Commission's rules prohibits applicants for any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless such applicants have identified each other on their FCC Form 175 applications as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). Thus, applicants for any of the same
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2551A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2551A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2551A1.txt
  • in the Auction No. 54 Procedures Public Notice, this prohibition began with the filing of short-form applications and ends on the down payment due date, or August 14, 2003. The prohibition ends on the down payment due date regardless of whether a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. K. Return of SecurID Cards Bidders are encouraged to return their SecurID cards to the FCC by August 14, 2003 for recycling. The Commission will send bidders a copy of this Public Notice and a pre-addressed, stamped envelope. All bidders should use the envelope to return the cards now that the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2640A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2640A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2640A1.txt
  • credit. On August 27, 2002, the Commission began Auction No. 44. On August 28, 2002, the second day of the auction, Banks filed its Letter, notifying the Commission that it sought to change its designation on the first page of its short-form from small to very small business. Banks argues that this revision constitutes a permissible minor amendment under Section 1.2105(b)(2) of the Commission's rules. Section 1.2105(b)(2) permits applicants to amend or modify Form 175 ``to make minor changes or correct minor errors in the application.'' Banks claims that its incorrect selection of a 15 percent bidding credit on the first page of its short-form was ``due to a computer inputting error.'' To support its position, Banks points out that its
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  • sites located in, or near, the MTA for which they plan to bid. Potential bidders are solely responsible for identifying associated risks and for investigating and evaluating the degree to which such matters may affect their ability to bid on, otherwise acquire, or make use of licenses available in Auction No. 50. Prohibition of Collusion: Applicants are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for licenses in any of the same or overlapping geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For purposes of this prohibition, Section 1.2105(c) defines applicant as
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  • sites located in, or near, the region for which they plan to bid. Potential bidders are solely responsible for identifying associated risks and for investigating and evaluating the degree to which such matters may affect their ability to bid on, otherwise acquire, or make use of licenses available in Auction No. 51. Prohibition of Collusion: Applicants are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for licenses in any of the same or overlapping geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For purposes of this prohibition, Section 1.2105(c) defines applicant as
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  • (the ``NAL''), we find Star Wireless, LLC (``Star'') apparently liable for a monetary forfeiture in the amount of $100,000.00. For the reasons stated below, we conclude that Star, an applicant and participating bidder in the Commission's August 27-September 18, 2002, auction of 740 Lower 700 MHz Band C and D block geographic area licenses (``Auction No. 44''), apparently violated section 1.2105(c) of the Commission's rules during the auction with Northeast Communications of Wisconsin, Inc. (``Northeast''), another applicant for the same auction. II. BACKGROUND In September 2002, the Commission received information that representatives of Star and Northeast had engaged in certain communications during the course of Auction No. 44. Subsequently, the Enforcement Bureau (the ``Bureau'') conducted an investigation of those contacts. During
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2722A1_Erratum.doc
  • (the ``NAL''), we find Star Wireless, LLC (``Star'') apparently liable for a monetary forfeiture in the amount of $100,000.00. For the reasons stated below, we conclude that Star, an applicant and participating bidder in the Commission's August 27-September 18, 2002, auction of 740 Lower 700 MHz Band C and D block geographic area licenses (``Auction No. 44''), apparently violated section 1.2105(c) of the Commission's rules during the auction with Northeast Communications of Wisconsin, Inc. (``Northeast''), another applicant for the same auction. II. BACKGROUND In September 2002, the Commission received information that representatives of Star and Northeast had engaged in certain communications during the course of Auction No. 44. Subsequently, the Enforcement Bureau (the ``Bureau'') conducted an investigation of those contacts. During
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  • Forfeiture (the ``NAL''), we find Northeast Communications of Wisconsin, Inc. (``Northeast'') apparently liable for a monetary forfeiture in the amount of $100,000.00. For the reasons stated below, we conclude that Northeast, an applicant in the Commission's August 27-September 18, 2002, auction of 740 Lower 700 MHz Band C and D block geographic area licenses (``Auction No. 44''), apparently violated section 1.2105(c) of the Commission's rules during the auction with Star Wireless, LLC (``Star''), another applicant and a participating bidder in the same auction. II. BACKGROUND In September 2002, the Commission received information that representatives of Star and Northeast had engaged in certain communications during the course of Auction No. 44. Subsequently, the Enforcement Bureau (the ``Bureau'') conducted an investigation of those
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2723A1_Erratum.doc
  • Forfeiture (the ``NAL''), we find Northeast Communications of Wisconsin, Inc. (``Northeast'') apparently liable for a monetary forfeiture in the amount of $100,000.00. For the reasons stated below, we conclude that Northeast, an applicant in the Commission's August 27-September 18, 2002, auction of 740 Lower 700 MHz Band C and D block geographic area licenses (``Auction No. 44''), apparently violated section 1.2105(c) of the Commission's rules during the auction with Star Wireless, LLC (``Star''), another applicant and a participating bidder in the same auction. II. BACKGROUND In September 2002, the Commission received information that representatives of Star and Northeast had engaged in certain communications during the course of Auction No. 44. Subsequently, the Enforcement Bureau (the ``Bureau'') conducted an investigation of those
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  • September 18, 2003, will be: Round 3 Bidding Period 9:00 a.m. - 10:00 a.m. ET Round 4 Bidding Period 11:30 a.m. - 12:30 p.m. ET Round 5 Bidding Period 2:00 p.m. - 2:30 p.m. ET Round 6 Bidding Period 4:00 p.m. - 4:30 p.m. ET OTHER IMPORTANT INFORMATION Prohibition of Collusion. To ensure the competitiveness of the auction process, Section 1.2105(c) of the Commission's rules prohibits applicants for any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless such applicants have identified each other on their FCC Form 175 applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). Thus, applicants for any of the same
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2866A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2866A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2866A1.txt
  • a.m. - 12:00 p.m. ET Round 3 Bidding Period 1:00 p.m. - 1:30 p.m. ET Round 4 Bidding Period 2:00 p.m. - 2:30 p.m. ET Round 5 Bidding Period 3:00 p.m. - 3:15 p.m. ET Round 6 Bidding Period 4:00 p.m. - 4:15 p.m. ET OTHER IMPORTANT INFORMATION Prohibition of Collusion. To ensure the competitiveness of the auction process, Section 1.2105(c) of the Commission's rules prohibits applicants for any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless such applicants have identified each other on their FCC Form 175 applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). Thus, applicants for any of the same
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  • in the Auction No. 51 Procedures Public Notice, this prohibition began with the filing of short-form applications and ends on the down payment due date, or October 16, 2003. The prohibition ends on the down payment due date regardless of whether a winning bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. L. Return of SecurID Cards Bidders are encouraged to return their SecurID cards to the FCC by October 16, 2003, for recycling. The Commission will send bidders a copy of this Public Notice and a pre-addressed, stamped envelope. All bidders should use the envelope to return the cards now that the
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  • 310(b)(4)'s twenty-five percent benchmark. See id. In keeping with this pre-approval process, auction applicants are required to certify in their FCC Form 175 applications that they either are in compliance with the foreign ownership requirements of Section 310 or that they have filed a request for relief from those requirements that is pending with the Commission. See 47 C.F.R. � 1.2105(a)(2)(v), (vi). Similarly, where foreign ownership is at issue, applicants must indicate in their FCC Form 601 applications that they either have received a declaratory ruling that grants them permission to exceed the statutory benchmark of Section 310(b)(4) or that they have a request currently pending at the Commission. Applicants are advised that petitions for declaratory ruling to exceed the Section
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  • the Auction No. 50 Qualified Bidders Public Notice, this prohibition began with the filing of short-form applications and ends on the down payment due date, or October 17, 2003. The prohibition ends on the down payment due date regardless of whether a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. L. Return of SecurID Cards Bidders are encouraged to return their SecurID cards to the FCC by October 17, 2003, for recycling. The Commission will send bidders a copy of this Public Notice and a pre-addressed, stamped envelope. All bidders should use the envelope to return the cards now that the
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  • 310(b)(4)'s twenty-five percent benchmark. See id. In keeping with this pre-approval process, auction applicants are required to certify in their FCC Form 175 applications that they either are in compliance with the foreign ownership requirements of Section 310 or that they have filed a request for relief from those requirements that is pending with the Commission. See 47 C.F.R. � 1.2105(a)(2)(v), (vi). Similarly, where foreign ownership is at issue, applicants must indicate in their FCC Form 601 applications that they either have received a declaratory ruling that grants them permission to exceed the statutory benchmark of Section 310(b)(4) or that they have a request currently pending at the Commission. Applicants are advised that petitions for declaratory ruling to exceed the Section
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  • Public Notice; and the Second Order on Reconsideration and Seventh Report and Order (as well as prior and subsequent Commission proceedings regarding competitive bidding procedures). (e-mail). When ordering documents from Qualex, please provide the appropriate FCC document number (for example, FCC 02-116 for the Second Report and Order). Prohibition of Collusion To ensure the competitiveness of the auction process, Section 1.2105(c) of the Commission's rules prohibits applicants for any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless such applicants have identified each other on their FCC Form 175 applications as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). Thus, applicants for any of the same
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  • mutually exclusive applications. An applicant may only file a technical amendment between the release of the public notice listing the mutually exclusive applications and the close of the specified settlement period. As discussed further in Attachment A, applicants will not be permitted to make major modifications to the FCC Form 175. The collusion prohibition set forth in 47 C.F.R. � 1.2105(c) applies to the AM new and major modification auction. To insure the competitiveness and integrity of the auction process, the Commission's rules prohibit competing applicants from communicating with each other during the auction about bids, bidding strategies, or settlements. As further detailed in Attachment A to this public notice, this prohibition becomes effective at the Form 175 filing deadline. Mutually
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  • the electronic filing of the FCC Form 175 application is included as Attachment C to this Public Notice. Technical support is available at (202) 414-1250 (voice) or (202) 414-1255 (text telephone (TTY)). The hours of service are 8 a.m. - 6 p.m. ET, Monday - Friday. (2) Completion of the FCC Form 175. Applicants should carefully review 47 C.F.R. Sections 1.2105 and 73.5002 and must complete all items on the FCC Form 175. Instructions for completing the FCC Form 175 are in Attachment B of this Public Notice. Applicants must press the ``SUBMIT Application'' button on the ``Submission'' page of the electronic form to successfully submit their FCC Form 175. An applicant may make only minor non-technical corrections to its FCC
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  • and Ownership Information: Section 73.5002 of the broadcast competitive bidding rules specifies the bidding procedures, certification requirements, and anti-collusion rules applicable to applications for commercial broadcast services that are subject to auction. Subsection (b) of that rule requires the timely submission of short-form applications along with all required certifications, information and exhibits pursuant to the provisions of 47 C.F.R. � 1.2105(a) and any Commission public notices. Section 1.2105, in turn, requires the disclosure on the short-form of applicant ownership information as set forth in Section 1.2112. Specifically, 47 C.F.R. � 1.2105(a)(2)(ii) requires each applicant to fully disclose the real party or parties-in-interest, and the addresses and citizenship of the parties, in an exhibit to its FCC Form 175 application. In addition,
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  • applications. An applicant may only file a technical amendment between the release of the public notice listing the mutually exclusive FM translator applications and the close of the specified settlement period. As discussed further in Attachment A, applicants will not be permitted to make major modifications to their FCC Form 175s. The collusion prohibition set forth in 47 C.F.R. � 1.2105 (c) applies to the FM translator auction. To insure the competitiveness and integrity of the auction process, the Commission's Rules prohibit competing applicants from communicating with each other during the auction about bids, bidding strategies, or settlements. As further detailed in Attachment A to this public notice, this prohibition becomes effective at the Form 175 filing deadline. Mutually exclusive FM
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  • the electronic filing of the FCC Form 175 application is included as Attachment C to this Public Notice. Technical support is available at (202) 414-1250 (voice) or (202) 414-1255 (text telephone (TTY)). The hours of service are 8 a.m. - 6 p.m. ET, Monday - Friday. (2) Completion of the FCC Form 175. Applicants should carefully review 47 C.F.R. Sections 1.2105 and 73.5002 and must complete all items on the FCC Form 175. Instructions for completing the FCC Form 175 are in Attachment B of this Public Notice. Applicants must press the ``SUBMIT Application'' button on the ``Submission'' page of the electronic form to successfully submit their FCC Form 175. An applicant may make only minor non-technical corrections to its FCC
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  • and Ownership Information: Section 73.5002 of the broadcast competitive bidding rules specifies the bidding procedures, certification requirements, and anti-collusion rules applicable to applications for commercial broadcast services that are subject to auction. Subsection (b) of that rule requires the timely submission of short-form applications along with all required certifications, information and exhibits pursuant to the provisions of 47 C.F.R. � 1.2105(a) and any Commission public notices. Section 1.2105, in turn, requires the disclosure on the short-form of applicant ownership information as set forth in Section 1.2112. Specifically, 47 C.F.R. � 1.2105(a)(2)(ii) requires each applicant to fully disclose the real party or parties-in-interest, and the addresses and citizenship of the parties, in an exhibit to its FCC Form 175 application. In addition,
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  • covering the same geographic areas. However, all applicants may enter into bidding agreements before filing their FCC Form 175, as long as they disclose the existence of the agreement(s) in their Form 175. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application pursuant to Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for licenses covering the same geographic areas. By signing their FCC Form 175 short-form applications, applicants are
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  • sites located in, or near, the region for which they plan to bid. Potential bidders are solely responsible for identifying associated risks and for investigating and evaluating the degree to which such matters may affect their ability to bid on, otherwise acquire, or make use of licenses available in Auction No. 53. Prohibition of Collusion: Applicants are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for licenses in any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For purposes of this prohibition, Section 1.2105(c) defines applicant as including the
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  • Service Licenses, Memorandum Opinion and Order, 14 FCC Rcd 8724, 8755-58 �� 61-64 (1999)(Broadcast Auctions MO&O). In reaching that determination, the Commission acknowledged that LPTV has certain unique characteristics, including restrictions on power, limited coverage areas, and secondary status to full-service TV and DTV stations (rendering LPTV subject to potential displacement). Id. at 8757-8 � 64. See 47 C.F.R. � 1.2105(c). The Commission has observed that the usual role of the anti-collusion rule has less significance in this context because LPTV has minor competitive significance in the media marketplace. See Broadcast Auctions MO&O, 14 FCC Rcd at 8755-58 �� 61-64. See 47 C.F.R. � 73.3572. See Implementation of Competitive Bidding for Commercial Broadcast and ITFS Licenses, Broadcast First Report and Order,
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  • gross revenue from the sale of the landline telephone company or the profit received on the transaction. Announcing PN 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 (2002)(``Auction No. 44 Procedures Public Notice''). 47 C.F.R. � 1.2105(b)(2). See Auction of Licenses for 698-746 MHz Band; Status of FCC Form 175 Applications to Participate in the Auction, DA 02-1213, Public Notice, 17 FCC Rcd. 9415 (``Auction No. 44 Status Public Notice''); see also Auction No. 44 Revised Schedule, License Inventory, and Procedures, Public Notice, 17 FCC Rcd 11935 (2002)(``Auction No. 44 Revised Schedule Public Notice''). The Wireless Telecommunications
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  • a.m. - 12:00 p.m. ET Round 3 Bidding Period 1:00 p.m. - 1:30 p.m. ET Round 4 Bidding Period 2:00 p.m. - 2:30 p.m. ET Round 5 Bidding Period 3:00 p.m. - 3:15 p.m. ET Round 6 Bidding Period 4:00 p.m. - 4:15 p.m. ET OTHER IMPORTANT INFORMATION Prohibition of Collusion. To ensure the competitiveness of the auction process, Section 1.2105(c) of the Commission's rules prohibits applicants for licenses in any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless such applicants have identified each other on their FCC Form 175 applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). Thus, applicants for any of
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  • the United States by international agreement must file short-form applications on FCC Form 175 during a filing window established by public notice. Because a filing window for the submission of short-form applications has not been opened with respect to licenses for the DBS channels CSI seeks, CSI's application is premature. Moreover, the application does not meet other requirements of Section 1.2105(a), which provides, inter alia, that applications must be filed electronically on FCC Form 175. We note further that CSI's application contains a request for authority to operate an ``integrated terrestrial platform'' using the same spectrum on which it seeks to provide DBS service. This request also fails to comply with the Commission's rules. In 2002, the Commission adopted service and
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  • States by international agreement must file short-form applications on FCC Form 175 during a filing window established by public notice. Because a filing window for the submission of short-form applications has not been opened with respect to the DBS channels R/L DBS seeks to use, R/L DBS's application is premature. Moreover, the application does not meet other requirements of Section 1.2105(a), which provides, inter alia, that applications must be filed electronically on FCC Form 175. As indicated above, R/L DBS's application is being returned without prejudice. Therefore, R/L DBS may file a FCC Form 175 short-form application for the DBS licenses in which it is interested once a short-form filing window for an auction is established. We note that today the
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  • after the down payment deadline. However, all applicants may enter into bidding agreements before filing their FCC Form 175, as long as they disclose the existence of the agreement(s) in their Form 175. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application pursuant to Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for licenses covering the same geographic areas. By signing their FCC Form 175 short-form applications, applicants are
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  • (``Supra'') requesting reconsideration of our decision that their actions following the 929 and 931 MHz Paging Auction, Auction No. 26 (``Auction No. 26'') violated the Commission's rules. Specifically, we found Trompex disqualified to be a Commission licensee, and dismissed the long-form application filed by Supra, for the 929 MHz B block licenses in Markets 001-051 because the parties violated section 1.2105(b)(2) and (c)(2) of the Commission's rules. For the reasons set forth below, we uphold our actions in the Order and accordingly deny the petition for reconsideration. BACKGROUND In order to bid for licenses in a Commission auction, an interested party must timely file an application, known as a ``short-form application,'' and submit an upfront payment to participate in the competitive
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  • 2 Bidding Period 11:00 a.m. - 12:00 p.m. ET Round 3 Bidding Period 1:00 p.m. - 1:30 p.m. ET Round 4 Bidding Period 2:00 p.m. - 2:30 p.m. ET Round 5 Bidding Period 3:00 p.m. - 3:15 p.m. ET Round 6 Bidding Period 4:00 p.m. - 4:15 p.m. ET OTHER IMPORTANT INFORMATION Prohibition of Collusion. Applicants are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for licenses in any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). For purposes of this prohibition, Section 1.2105(c)(7)(i) defines applicant as including all
• 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
  • Notice of Proposed Rule Making (as well as prior and subsequent Commission proceedings regarding competitive bidding procedures). (e-mail). When ordering documents from Qualex, please provide the appropriate FCC document number (for example, FCC 02-74 for the Public Coast Second Memorandum Opinion and Order and Fifth Report and Order). Prohibition of Collusion To ensure the competitiveness of the auction process, Section 1.2105(c) of the Commission's rules prohibits applicants for any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless such applicants have identified each other on their FCC Form 175 applications as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). Thus, applicants for any of the same
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1638A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1638A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1638A1.txt
  • encouraged to research the ITU Space Network List and other relevant ITU databases. Potential bidders are solely responsible for identifying associated risks and for investigating and evaluating the degree to which such matters may affect their ability to bid on, otherwise acquire, or make use of licenses available in Auction No. 52. Prohibition of Collusion: Applicants are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). Because all three licenses available in Auction No. 52 have overlapping service areas, this
• 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
  • ensure the competitiveness of the auction process, the Commission's Part 1 rules prohibit applicants for any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless such applicants have identified each other on their FCC Form 175 applications as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). Thus, applicants for any of the same geographic license areas must affirmatively avoid all discussions with each other that affect, or in their reasonable assessment, have the potential to affect, bids or bidding strategy. This prohibition begins at the short-form application filing deadline and ends at the down payment deadline after the auction. The ``geographic license area'' is the market
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  • located in, or near, the service area for which they plan to bid. Potential bidders are solely responsible for identifying associated risks and for investigating and evaluating the degree to which such matters may affect their ability to bid on, otherwise acquire, or make use of licenses available in Auction No. 55. Prohibition of Collusion: Applicants are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for licenses in any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). For purposes of this prohibition, Section 1.2105(c)(7)(i) defines applicant as including all
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  • 175 applications, and correlation of payments and applications, a public notice listing all applicants qualified to bid in the auction will be released. The same public notice will also include instructions for participating in the mock auction and a bidding schedule for the mock auction and the first day of the auction. Prohibition of Collusion: Applicants are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for licenses in any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 56, this prohibition became effective at the short-form application
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1957A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1957A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1957A1.txt
  • bidding schedule for Friday, July 9, 2004, will be: Round 1 Bidding Period 9:00 a.m. - 10:00 a.m. ET Round 2 Bidding Period 11:00 a.m. - 11:30 a.m. ET Round 3 Bidding Period 12:00 p.m. - 12:15 p.m. ET Round 4 Bidding Period 12:45 p.m. - 1:00 p.m. ET OTHER IMPORTANT INFORMATION Prohibition of Collusion. Applicants are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). Because all three licenses available in Auction No. 52 have overlapping service areas, this
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1957A1_Erratum.doc
  • bidding schedule for Friday, July 9, 2004, will be: Round 1 Bidding Period 9:00 a.m. - 10:00 a.m. ET Round 2 Bidding Period 11:00 a.m. - 11:30 a.m. ET Round 3 Bidding Period 12:00 p.m. - 12:15 p.m. ET Round 4 Bidding Period 12:45 p.m. - 1:00 p.m. ET OTHER IMPORTANT INFORMATION Prohibition of Collusion. Applicants are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). Because all three licenses available in Auction No. 52 have overlapping service areas, this
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  • For the reasons described below we return Verizon Wireless's Application because it does not comply with the Commission's rules and is unacceptable for filing. Further, we dismiss as moot Verizon Wireless's request for waiver of the Part 1 competitive bidding rules. Submission of FCC Form 175, the short-form auction application, is governed by the Commission rules at 47 C.F.R. � 1.2105, which states that the Commission will specify by public notice a date on which short-form applications may be filed and requires that such applications be electronically filed. Verizon Wireless states that it seeks to utilize the spectrum consistent with PCS requirements, but acknowledges that the FCC has not designated the 1910-1915 MHz and 1990-1995 MHz spectrum as being available for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2086A6.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2086A6.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2086A6.txt
  • 2 Bidding Period 11:00 a.m. - 12:00 p.m. ET Round 3 Bidding Period 1:00 p.m. - 1:30 p.m. ET Round 4 Bidding Period 2:00 p.m. - 2:30 p.m. ET Round 5 Bidding Period 3:00 p.m. - 3:15 p.m. ET Round 6 Bidding Period 4:00 p.m. - 4:15 p.m. ET OTHER IMPORTANT INFORMATION Prohibition of Collusion. Applicants are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for licenses in any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 56, this prohibition became effective at the short-form application
• 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
  • in the Auction No. 52 Procedures Public Notice, this prohibition began with the filing of short-form applications and ends on the down payment due date, or August 2, 2004. The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. J. Return of SecurID Cards Bidders are encouraged to return their SecurID cards to the FCC by August 2, 2004 for recycling. The Commission will send bidders a copy of this Public Notice and a pre-addressed, stamped envelope. All bidders should use the envelope to return the cards now that the
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  • the Auction No. 53 Qualified Bidders Public Notice, this prohibition began with the filing of short-form applications and ends on the down payment due date, or February 17, 2004. The prohibition ends on the down payment due date regardless of whether a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. L. Return of SecurID Cards Bidders are encouraged to return their SecurID cards to the FCC by February 17, 2004, for recycling. The Commission will send bidders a copy of this Public Notice and a pre-addressed, stamped envelope. All bidders should use the envelope to return the cards now that the
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  • Participation in the U.S. Telecommunications Market, IB Docket No. 97-142, Market Entry and Regulation of Foreign-Affiliated Entities, IB Docket No. 95-22, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891 (1997) (``Foreign Participation Order''), Order on Reconsideration, 15 FCC Rcd 18158 (2000). See Foreign Participation Order at 23891, 23935-42, 23946, �� 97-118, 131. Id. See 47 C.F.R. � 1.2105(a)(2)(v), (vi). See also Amendment of Parts 2 and 25 of the Commission's Rules to Permit Operation of NGSO FSS Systems Co-Frequency with GSO and Terrestrial Systems in the Ku-Band Frequency Range; Amendment of the Commission's Rules to Authorize Subsidiary Terrestrial Use of the 12.2-12.7 GHz Band by Direct Broadcast Satellite Licensees and Their Affiliates; and Applications of Broadwave USA, PDC
• 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
  • the Auction No. 56 Qualified Bidders Public Notice, this prohibition began at the short-form application filing deadline and ends at the down payment deadline, which is August 16, 2004. The prohibition ends on the down payment due date regardless of whether a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. K. Return of SecurID Cards Bidders are encouraged to return their SecurID cards to the FCC by August 16, 2004, for recycling. The Commission will send bidders a copy of this Public Notice and a pre-addressed, stamped envelope. All bidders should use the envelope to return the cards now that the
• 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
  • Participation in the U.S. Telecommunications Market, IB Docket No. 97-142, Market Entry and Regulation of Foreign-Affiliated Entities, IB Docket No. 95-22, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891 (1997) (``Foreign Participation Order''), Order on Reconsideration, 15 FCC Rcd 18158 (2000). See Foreign Participation Order at 23891, 23935-42, 23946, �� 97-118, 131. Id. See 47 C.F.R. � 1.2105(a)(2)(v), (vi). See also Amendment to Parts 1, 2, 87 and 101 of the Commission's Rules to License Fixed Services at 24 GHz, 15 FCC Rcd 16934 at 16967 �� 77-78. See Extending Wireless Telecommunications Services to Tribal Lands, WT Docket No. 99-266, Second Report and Order and Second Further Notice of Proposed Rulemaking, 18 FCC Rcd 4775 (2003); Extending Wireless
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  • 175 applications, and correlation of payments and applications, a public notice listing all applicants qualified to bid in the auction will be released. The same public notice will also include instructions for participating in the mock auction and a bidding schedule for the mock auction and the first day of the auction. Prohibition of Collusion: Applicants are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for licenses in any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 57, this prohibition became effective at the short-form application
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2721A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2721A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2721A1.txt
  • 2 Bidding Period 11:00 a.m. - 12:00 p.m. ET Round 3 Bidding Period 1:00 p.m. - 1:30 p.m. ET Round 4 Bidding Period 2:00 p.m. - 2:30 p.m. ET Round 5 Bidding Period 3:00 p.m. - 3:15 p.m. ET Round 6 Bidding Period 4:00 p.m. - 4:15 p.m. ET OTHER IMPORTANT INFORMATION Prohibition of Collusion. Applicants are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for licenses in any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 57, this prohibition became effective at the short-form application
• 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
  • Commission's duplicating contractor, Qualex International, Portals II, 445 12th Street, SW, Room CY-B402, Washington, DC 20554, telephone 202-863-2893, facsimile 202-863-2898, or via e-mail qualexint@aol.com. When ordering documents from Qualex, please provide the appropriate FCC document number (for example, FCC 03-40 for the Auction No. 52 Comment Public Notice). Prohibition of Collusion To ensure the competitiveness of the auction process, Section 1.2105(c) of the Commission's rules prohibits applicants for any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless such applicants have identified each other on their FCC Form 175 applications as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). Because all three licenses available in Auction
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2846A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2846A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2846A1.txt
  • transition period facilitating continuity of service, will not be subject to the ``red light'' rule. But when permanent authorization is sought the rule will apply. Also, the rule does not apply if the automatic stay provisions of the Bankruptcy Code are applicable. Finally, you may be subject to the more restrictive rule governing delinquent debtors, such as 47 C.F.R. �� 1.2105(a) (2) (x) and (xi) (spectrum action rules). What Is Administrative Wage Garnishment? Under Department of Treasury rules, incorporated into our rules (47 C.F.R. � 1.1936), we may collect money owed to the FCC by garnishing wages of the delinquent debtor without first obtaining a court order. This may occur for delinquent debts of individuals or businesses that are sole proprietorships
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  • Order amending the FM Table of Allotments and allotting the FM channel(s) on which they plan to bid. Participants in Auction No. 37 are strongly encouraged to continue such research during the auction. For further details regarding due diligence, please refer to the Auction No. 37 Procedures Public Notice under Section I.B.3. Prohibition of Collusion: Applicants are reminded 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 during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 37, this prohibition became effective at the short-form application
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2948A1_Erratum.doc
  • Order amending the FM Table of Allotments and allotting the FM channel(s) on which they plan to bid. Participants in Auction No. 37 are strongly encouraged to continue such research during the auction. For further details regarding due diligence, please refer to the Auction No. 37 Procedures Public Notice under Section I.B.3. Prohibition of Collusion: Applicants are reminded 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 during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 37, this prohibition became effective at the short-form application
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  • Flexibility Act, 5 U.S.C. � 603(c), which ``requires an agency to describe any significant alternatives that it has considered in reaching its proposed procedures and/or regulations,'' including, inter alia, ``an exemption for coverage of the rule, or any part thereof, for such small entities.'' Hodson Broadcasting, FCC Form 175 Application, Waiver Justification at 2 (emphasis in original). 47 C.F.R. � 1.2105(b)(2). 47 C.F.R. � 1.925. Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293, 15316-17 (2000). Id. at 15317. Id. at 15316. 47 C.F.R. � 1.2110(h) (emphasis added). 47 U.S.C. � 257(a) (emphasis
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  • with Linda Taylor, another applicant in the auctions. BACKGROUND In November 2003, the Enforcement Bureau received information from the Wireless Telecommunications Bureau that Mr. Goodman and Ms. Taylor, competing applicants in Auction No. 50 and Auction No. 51, may have discussed auctions-related matters during a time when communications between auction applicants about bids and bidding strategy were restricted by section 1.2105(c) of the Commission's rules. Subsequently, the Bureau began an investigation to determine whether the communications between Mr. Goodman and Ms. Taylor had violated the anti-collusion rule. As a part of its investigation, on May 3, 2004, the Bureau sent a letter of inquiry to Mr. Goodman seeking information regarding such matters as the relationship between Mr. Goodman and Ms. Taylor
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  • The five applications were received from (i) AMTS Consortium, LLC; (ii) Telesaurus-VPC, LLC; (iii) Mobex; (iv) Thomas K. Kurian; and (v) Paging Systems, Inc. See id. Id. Applicants that had incomplete applications were provided with an opportunity to address the deficiencies with their applications. Id. . Auction No. 57 Status Public Notice at 1-2, Attachment B. See 47 C.F.R. � 1.2105(b)(2). Automated Maritime Telecommunications System Spectrum Auction, Public Notice, DA 04-2721, (rel. August 27, 2004) (``Auction No. 57 Qualified Bidders' Public Notice'') at 1, Attachment A. Auction No. 57 Qualified Bidders' Public Notice at Attachment C. See Motion to Stay Auction; Request for Declaratory Ruling; Motion to Stay Upfront Payment Date; Motion to Dismiss. Havens Withdrawal. Request for Declaratory Ruling at
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  • Public Notice, the C/F Block Sixth Report and Order, as well as any other prior and subsequent Commission proceedings regarding competitive bidding procedures. . When ordering documents from BCPI, please provide the appropriate FCC document number (for example, DA 04-1639 for the Auction No. 58 Comment Public Notice). Prohibition of Collusion To ensure the competitiveness of the auction process, Section 1.2105(c) of the Commission's rules prohibits applicants for any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless such applicants have identified each other on their FCC Form 175 applications as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). Thus, applicants for any of the same
• 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
  • the Auction No. 57 Qualified Bidders Public Notice, this prohibition began at the short-form application filing deadline and ends at the down payment deadline, which is October 1, 2004. The prohibition ends on the down payment due date regardless of whether a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. K. Return of SecurID Cards Bidders are encouraged to return their SecurID cards to the FCC by October 1, 2004, for recycling. The Commission will send bidders a copy of this Public Notice and a pre-addressed, stamped envelope. All bidders should use the envelope to return the cards now that the
• 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
  • Participation in the U.S. Telecommunications Market, IB Docket No. 97-142, Market Entry and Regulation of Foreign-Affiliated Entities, IB Docket No. 95-22, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891 (1997) (``Foreign Participation Order''), Order on Reconsideration, 15 FCC Rcd 18158 (2000). See Foreign Participation Order at 23891, 23935-42, 23946, �� 97-118, 131. Id. See 47 C.F.R. � 1.2105(a)(2)(v), (vi). See Extending Wireless Telecommunications Services to Tribal Lands, WT Docket No. 99-266, Second Report and Order and Second Further Notice of Proposed Rulemaking, 18 FCC Rcd 4775 (2003); Extending Wireless Telecommunications Services to Tribal Lands, WT Docket No. 99-266, Report and Order and Further Notice of Proposed Rule Making, 15 FCC Rcd 11794 (2000); ``Wireless Telecommunications Bureau Announces Enhancements
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3026A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3026A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3026A1.txt
  • September 22, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order, issued pursuant to section 503 of the Communications Act of 1934, as amended (the ``Act''), and section 1.80 of the Commission's rules, we find that Star Wireless, LLC (``Star'') engaged in collusive conduct during a Commission-conducted auction in 2002, in willful and repeated violation of section 1.2105(c) of the Commission's rules. Based on the information before us, we conclude that Star is liable for a forfeiture in the amount of One Hundred Thousand Dollars ($100,000). II. BACKGROUND This matter arises from misconduct by two auction applicants, Star and Northeast Communications of Wisconsin (``Northeast''), during the Commission's August 27-September 18, 2002, auction of 740 Lower 700 MHz Band
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  • September 22, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order, issued pursuant to section 503 of the Communications Act of 1934, as amended (the ``Act''), and section 1.80 of the Commission's rules, we find that Northeast Communications of Wisconsin, Inc. (``Northeast'') engaged in collusive conduct during a Commission-conducted auction in 2002, in willful violation of section 1.2105(c) of the Commission's rules. Based on the information before us, we conclude that Northeast is liable for a forfeiture in the amount of One Hundred Thousand Dollars ($100,000). II. BACKGROUND This matter arises from misconduct by Northeast and Star Wireless, LLC (``Star''), both applicants in the Commission's August 27-September 18, 2002, auction of 740 Lower 700 MHz Band C and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3027A1_Erratum.doc
  • September 22, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order, issued pursuant to section 503 of the Communications Act of 1934, as amended (the ``Act''), and section 1.80 of the Commission's rules, we find that Northeast Communications of Wisconsin, Inc. (``Northeast'') engaged in collusive conduct during a Commission-conducted auction in 2002, in willful violation of section 1.2105(c) of the Commission's rules. Based on the information before us, we conclude that Northeast is liable for a forfeiture in the amount of One Hundred Thousand Dollars ($100,000). II. BACKGROUND This matter arises from misconduct by Northeast and Star Wireless, LLC (``Star''), both applicants in the Commission's August 27-September 18, 2002, auction of 740 Lower 700 MHz Band C and
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  • state that allowing them to amend their applications to ``uncheck'' the NCE status indication ``is in reality a clerical-type minor amendment that is permitted.'' Petitioners ask the Commission ``to reconsider the dismissal of these applications, and, upon reconsideration, reinstate such applications for participation in [Auction 37].'' In the alternative, Petitioners ask the Bureaus to consider granting a waiver of Rule 1.2105(b)(2) so that NCEs would be permitted to change their applicant status after the short-form deadline. We waive Section 1.2105(b)(2) of our rules, to the limited extent detailed below, for Petitioners and other similarly situated applicants. To obtain a waiver of the Commission's competitive bidding rules, the applicant must show: (i) that the underlying purpose of the rule would not be
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  • ``rejected.'' On September 16, 2004, eleven Auction No. 37 applicants whose applications had been listed in the Auction 37 Status Public Notice as ``rejected'' filed a Joint Petition for Reconsideration or Waiver of the Rules for Reinstatement of Rejected Applications Relating to FM Auction No. 37 (``Joint Petition''). In a letter decision dated September 22, 2004, the Bureaus waived Section 1.2105(b)(2) of the Commission's rules, to the limited extent of allowing Petitioners and other similarly situated Auction No. 37 applicants until 6:00 p.m. Eastern Time on September 24, 2004, to amend their applications to de-select ``Noncommercial Educational'' applicant status, thus enabling them to participate in Auction No. 37. The order also stated that the Bureaus would release a Public Notice providing
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  • site prior to the evening of August 5, 2004, the day prior to the filing deadline. The waiver request also states that your associate obtained an FCC registration number (``FRN''). Based on the record before us, you have not satisfied the Commission's criteria for granting a waiver of the short-form application deadline. The Bureaus set the deadline pursuant to Section 1.2105(a)(1). The rule's underlying purpose is to establish a fixed date by which all applicants interested in participating in the auction must submit relevant information necessary to establish applicants' qualifications to participate in an auction. Among other things, using a fixed date also provides the Commission with sufficient time to review applications prior to the auction and identifies the pool of
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  • Margaret Wiener, Chief, Auction and Spectrum Access Division (September 20, 2004), at 2. Auction of FM Broadcast Construction Permits; Status of FCC Form 175 Applications to Participate in Auction No. 37, Public Notice, DA 04-2948 (rel. Sept. 13, 2004) (``Auction No. 37 Status Public Notice''). Auction No. 37 Status Public Notice, at 2, n.6 and Attachment C. 47 C.F.R. � 1.2105(a)(2)(x); Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293, 15317, n.142 (2000)(``If any one of an applicant's controlling interests or their affiliates as defined by Section 1.2110 of the Commission's rules (as
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  • bidding schedule for Friday, October 29, 2004, will be: Round 1 Bidding Period 9:00 a.m. - 10:00 a.m. ET Round 2 Bidding Period 11:00 a.m. - 12:00 p.m. ET Round 3 Bidding Period 1:30 p.m. - 2:00 p.m. ET Round 4 Bidding Period 2:30 p.m. - 3:00 p.m. ET OTHER IMPORTANT INFORMATION Prohibition of Collusion. Applicants are reminded 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 during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). The ``geographic license area'' is the market designation of the particular service.
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  • competitive auction environment. The Bureau therefore reiterates that applicants for any of the same geographic license areas are prohibited from communicating with each other before or during the auction about bids, bidding strategies, or settlements unless such applicants have identified each other on their short-form applications (FCC Form 175) as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). Thus, applicants for any of the same geographic license areas must affirmatively avoid all discussions with each other that affect, or in their reasonable assessment have the potential to affect, bidding or bidding strategy. This prohibition begins at the short-form application filing deadline (i.e., November 30, 2004) and ends at the down payment deadline after the auction closes. Moreover, this
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  • Enforcement Bureau has been investigating whether Capitol Broadcasting Company, Inc. (``Capitol''), licensee of various television broadcast stations, disclosed information about its bids or bidding strategies in advance of the Commission's auction of Multi-Channel Video Distribution and Data Service licenses, held between January 14 and 27, 2004 (``Auction No. 53''), in violation of the Commission's auction anti-collusion rule, 47 C.F.R. � 1.2105(c). 2. The Bureau and Capitol have negotiated the terms of a Consent Decree, a copy of which is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree, we find that the public interest would be served by approving the Consent Decree and terminating the captioned investigation involving Capitol's conduct in Auction No. 53. 3 Accordingly,
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  • as a "former defaulter," provided that the applicant is otherwise qualified. To participate in an auction as a former defaulter, applicants are required to pay upfront payments that are fifty percent more than the normal upfront payment amount established for each particular license. It is each applicant's responsibility to certify to its qualifications to participate in an auction under Section 1.2105 of the Commission's rules and to determine its upfront payment obligation under Section 1.2106. The Commission considers outstanding debts owed to the United States Government, in any amount, to be a serious matter. Earlier this year, the Commission adopted rules, including a provision referred to as the "red light rule," that implement the Commission's obligations under the Debt Collection Improvement
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  • Upper Paging Bands, DA 01-2122, Public Notice, 16 FCC Rcd 16,391, 16,393-94 (2001) (``all applicants seeking bidding credits must list `the names, addresses, and citizenship of all officers, directors, and other controlling interests[.]' . . . To avoid any uncertainty, applicants should state that their application provides a complete list of relevant parties.'') (emphasis in original; citation omitted). 47 C.F.R. �1.2105(b)(2). See Auction of Licenses for Lower and Upper Paging Bands, DA 01-2262, Public Notice, 16 FCC Rcd 17,185 (2001) (``Auction No. 40 Status Public Notice''). Auction No. 40 Status Public Notice, 16 FCC Rcd at 17,202. Golden Arrow Paging, Inc. FCC Form 175, Exhibit A, resubmitted October 5, 2001. In the resubmitted short-form application, GAP provided information regarding Ms. Sherry
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 04-3677 Released: November 23, 2004 WIRELESS TELECOMMUNICATIONS BUREAU REMINDER OF ANTI-COLLUSION RULE OBLIGATIONS The Wireless Telecommunications Bureau wishes to remind prospective applicants for upcoming Auction No. 58 and other parties that may be engaged in discussion with such prospective applicants of the need to comply with the Commission's anti-collusion rule, Section 1.2105(c). Section 1.2105(c) of the Commission's rules prohibits applicants for any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless such applicants have identified each other on their short-form applications to participate in the auction (FCC Form 175) as parties with whom they have entered into agreements under Section
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � � DA 04-3685 Cheryl A. Tritt, Esq. Morrison & Foerster, LLP 2000 Pennsylvania Avenue, NW Washington, DC 20006-1888 Re: Expedited Clarification of Sections 1.2105(a) and 1.2106(a) of the Commission's Rules Dear Ms. Tritt: This letter responds in part to your November 12, 2004, request (``Request'') that the Federal Communications Commission clarify that the term ``debt'' or ``non-tax debt,'' as referenced in Sections 1.2105(a) and 1.2106(a) and Section 1.1910 of the Commission's rules, 47 C.F.R. �� 1.2105(a), 1.2106(a), and 1.1910, does not include regulatory or
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  • who had a short-form application (FCC Form 175) on file on the filing deadline date through the down payment due date regardless of whether a high bidder must supplement its upfront payment to cover its down payment. This prohibition applies to all applicants regardless of whether such applicants became qualified bidders or actually bid. Applicants certified their compliance with Section 1.2105(c) when their short-form applications (FCC Forms 175) were signed. K. Return of SecurID Key Fobs Bidders are encouraged to return their SecurID key fobs to the FCC by December 15, 2004, for recycling. The Commission will send bidders a copy of this Public Notice and a pre-addressed, stamped envelope. All bidders should use the envelope to return the fobs now
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  • and sole shareholder of Anderson, passed away after the short-form application filing deadline, and that all shares of Anderson have passed into Mr. Peterson's estate. Anderson's amendment to its short-form application alleges that all shares of the company will ultimately pass to Mr. Peterson's spouse. Anderson requests that its amendment be treated as a permissible minor amendment pursuant to Section 1.2105(b)(2) of the Commission's rules. Alternatively, Anderson requests a waiver of Section 1.2105(b)(2) to allow a major amendment to its short-form application. On October 17, 2003, the Wireless Telecommunications Bureau (``Bureau'') released a public notice announcing the start date and other procedures governing Auction No. 55. The Auction No. 55 Procedures Public Notice required applicants to submit their short-form applications by
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  • held to certain obligations, such as meeting relevant financial deadlines.''), recon. denied in part and granted in part, 12 FCC Rcd 15341 (1997). As the Commission has stated, awarding licenses to those who value them the most encourages growth while maintaining safeguards against anticompetitive behavior. Competitive Bidding Second Report and Order, 9 FCC Rcd at 2349-50. See 47 C.F.R. � 1.2105(a)(2)(v). See also Requests for Extension of the Commission's Initial Non-Delinquency Period for C and F Block Installment Payments, Order, 13 FCC Rcd 22071, 22072 (1998). See Competitive Bidding Second Report and Order, 9 FCC Rcd at 2381-82. 47 U.S.C. � 309(j). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket 93-253, Fifth Report and Order,
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  • order to determine the existence of pending proceedings that might affect their decisions regarding participation in the auction. Participants in Auction No. 58 are strongly encouraged to continue such research during the auction. For further details regarding due diligence, please refer to the Auction No. 58 Procedures Public Notice under Section I.B.3. Prohibition of Collusion: Applicants are reminded that Sections 1.2105(c) of the Commission's rules prohibit applicants for any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 58, this prohibition became effective at the short-form application filing deadline
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  • Memorandum Opinion and Order (as well as prior and subsequent Commission proceedings regarding competitive bidding procedures, application requirements, and obligations of Commission licensees). ). When ordering documents from BCPI, please provide the appropriate FCC document number (for example, DA 04-3198 for the Auction No. 59 Comment Public Notice). Prohibition of Collusion To ensure the competitiveness of the auction process, Section 1.2105(c) of the Commission's rules prohibits applicants for any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless such applicants have identified each other on their FCC Form 175 applications as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). Thus, applicants for any of the same
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  • Richards: This letter memorializes our telephone conversation of December 28, 2004 and the basis for our decision regarding the request you submitted dated December 8, 2004, on behalf of Cleartone Corp. (``Cleartone''). Cleartone wishes to change the licenses that it selected on its short-form application (FCC Form 175) to participate Auction No. 58 and, therefore, requests a waiver of Section 1.2105(b)(2) of the Commission rules, which prohibits applicants from making major modifications to the short-form application, including modifying their license selection, after the initial filing deadline. As I informed you in our conversation, we denied Cleartone's waiver request. Cleartone submitted its short-form application on November 30, 2004, the final day of the filing window for Auction No. 58. In its application,
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  • the Auction No. 55 Qualified Bidders Public Notice, this prohibition began at the short-form application filing deadline and ends at the down payment deadline, which is March 16, 2004. The prohibition ends on the down payment due date regardless of whether a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. L. Return of SecurID Cards Bidders are encouraged to return their SecurID cards to the FCC by March 16, 2004, for recycling. The Commission will send bidders a copy of this Public Notice and a pre-addressed, stamped envelope. All bidders should use the envelope to return the cards now that the
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  • the U.S. Telecommunications Market, IB Docket No. 97-142, Market Entry and Regulation of Foreign-Affiliated Entities, IB Docket No. 95-22, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891 (1997) (``Foreign Participation Order''), Order on Reconsideration, 15 FCC Rcd 18158 (2000). See Foreign Participation Order, 12 FCC Rcd at 23935-42, 23946, �� 97-118, 131. Id. See 47 C.F.R. �� 1.2105(a)(2)(v), (vi). 47 C.F.R. � 1.2105(f)(1). Amendment of Parts 2 and 90 of the Commission's Rules to Provide for the Use of 200 Channels Outside the Designated Filing Areas in the 896-901 MHz and 935-940 MHz Bands Allotted to the Specialized Mobile Radio Service, 900 MHz Second Order on Reconsideration and Seventh Report and Order, 11 FCC Rcd 2639, at 2705-07,
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  • Notice; 24 GHz Report & Order and the 24 GHz Recon. Order (as well as prior and subsequent Commission proceedings regarding competitive bidding procedures). (e-mail). When ordering documents from Qualex, please provide the appropriate FCC document number (for example, FCC 00-272 for the 24 GHz Report & Order). Prohibition of Collusion To ensure the competitiveness of the auction process, Section 1.2105(c) of the Commission's rules prohibits applicants for any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless such applicants have identified each other on their FCC Form 175 applications as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). Thus, applicants for any of the same
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  • Commission received numerous filings that did not comply with the fundamental requirements set forth in the Auction 84 Filing Window Public Notice, i.e., were timely filed but were not complete. Accordingly, these applications, listed below, are hereby deemed ineligible for further processing for the specific reasons noted. Applicants are reminded that the collusion prohibition set forth in 47 C.F.R. � 1.2105(c) applies to Auction No. 84. To ensure the competitiveness and integrity of the auction process, the anti-collusion rules, effective at the Form 175 filing deadline, prohibit competing applicants from communicating with each other during the auction about bids, bidding strategies or settlements. All timely and complete FCC Form 301 Tech Box submissions are now available for public access in the
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  • of Proposed Rule Making (as well as prior and subsequent Commission proceedings regarding competitive bidding procedures, application requirements, and obligations of Commission licensees). . When ordering documents from BCPI, please provide the appropriate FCC document number (for example, DA 05-194 for the Auction No. 61 Comment Public Notice). Prohibition of Collusion To ensure the competitiveness of the auction process, Section 1.2105(c) of the Commission's rules prohibits applicants for any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless such applicants have identified each other on their FCC Form 175 applications as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). Thus, applicants for any of the same
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  • a.m. ET Round 2 Bidding Period 11:00 a.m. - 12:00 p.m. ET Round 3 Bidding Period 1:00 p.m. - 1:30 p.m. ET Round 4 Bidding Period 2:00 p.m. - 2:30 p.m. ET Round 5 Bidding Period 3:00 p.m. - 3:15 p.m. ET Round 6 Bidding Period 4:00 p.m. - 4:15 p.m. ET Prohibition of Collusion. Applicants are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for licenses in any of the same geographic areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 59, this prohibition became effective at the short-form application filing
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1057A1_Erratum.doc
  • a.m. ET Round 2 Bidding Period 11:00 a.m. - 12:00 p.m. ET Round 3 Bidding Period 1:00 p.m. - 1:30 p.m. ET Round 4 Bidding Period 2:00 p.m. - 2:30 p.m. ET Round 5 Bidding Period 3:00 p.m. - 3:15 p.m. ET Round 6 Bidding Period 4:00 p.m. - 4:15 p.m. ET Prohibition of Collusion. Applicants are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for licenses in any of the same geographic areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 59, this prohibition became effective at the short-form application filing
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  • Notice, 19 FCC Rcd 14874 (2004) (``Auction No. 57 Status Public Notice''). The five applications were received from (i) AMTS Consortium, LLC; (ii) Telesaurus-VPC, LLC; (iii) Mobex; (iv) Thomas K. Kurian; and (v) Paging Systems, Inc. See id. Id. Applicants that had incomplete applications were provided with an opportunity to address the deficiencies with their applications. See 47 C.F.R. � 1.2105(b)(2). See Auction No. 57 Status Public Notice, 19 FCC Rcd 14874. See FCC Forms 175 of Telesaurus-VPC, LLC and AMTS Consortium, LLC for Auction No. 57 (filed July 19, 2004). Pursuant to Section 1.2105(a)(2)(viii), each application disclosed a bidding arrangement with the other commonly controlled bidder. See id., Exhibit B. Auction No. 57 Status Public Notice, 19 FCC Rcd at
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  • Public Safety and Critical Infrastructure Division. Short-form applications were due July 19, 2004, and upfront payments were due August 20, 2004. Procedures PN, 19 FCC Rcd at 9539, 9541. The short-form application is filed by an entity seeking eligibility to participate in the auction, and identifies the particular license(s) on which the applicant wishes to bid. See 47 C.F.R. � 1.2105. Automated Maritime Telecommunications System Spectrum Auction Closes, Public Notice, 19 FCC Rcd 18252, 18252 (WTB 2004) (Auction Closing PN). Id. at 18258. Specifically, AMTS Consortium was the high bidder for the Channel Block B licenses for the Northern Atlantic, Mid-Atlantic, Southern Atlantic, and Mountain regions (as well as the Alaska region); and Telesaurus was the high bidder for the Channel
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  • Time, Waiver, and Amendment...,' which consisted of four .jpg image files. Id. One of the four .jpg files was not legible. To be eligible to participate in Auction No. 59, you must have timely submitted an electronic short-form application together with an appropriate upfront payment as set forth in the Auction No. 59 Procedures Public Notice. See 47 C.F.R. � 1.2105(a); ``Multiple Address Systems Spectrum Auction Scheduled for April 26, 2005; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedures for Auction No. 59,'' Public Notice, 19 FCC Rcd 24,445, 24,456-57 (2004) (``Auction No. 59 Procedures Public Notice''). Your E-mail Motion does not comply with the deadlines and requirements set forth in the Auction No. 59 Procedures Public
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1337A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1337A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1337A1.txt
  • Inventory Public Notice; the Auction No. 81 Comment Public Notice; the Auction No. 81 Filing Window Public Notice; the Broadcast First Report and Order, the Broadcast First Reconsideration Order, the New Entrant Bidding Credit Reconsideration Order, and the NCE Second Report and Order. . Prohibition of Collusion Auction No. 81 applicants are reminded that the anti-collusion rules found at Section 1.2105(c) and 73.5002(d) of the Commission's rules are in effect. These rules prohibit applicants competing for construction permits in either the same geographic license area or the same MX group from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other on their short-form applications (FCC Forms 175) filed in 2000 as
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1392A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1392A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1392A1.txt
  • To ensure the competitiveness of the auction process, the Commission's rules prohibit competing applicants for any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements, unless such applicants have identified each other on their FCC Form 175 applications as parties with whom they have entered into agreements under section 1.2105(a)(2)(viii). As explained more fully in the Auction No. 59 Qualified Bidders Public Notice, this prohibition began at the short-form application filing deadline and ends at the down payment deadline, which is June 9, 2005. The prohibition ends at the down payment deadline regardless of whether a high bidder must supplement its upfront payment to cover its down payment. Applicants certified
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1392A6.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1392A6.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1392A6.txt
  • U.S. Telecommunications Market, IB Docket No. 97-142, Market Entry and Regulation of Foreign-Affiliated Entities, IB Docket No. 95-22, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891 (1997) (``Foreign Participation Order''), Order on Reconsideration, 15 FCC Rcd 18158 (2000). See Foreign Participation Order, 12 FCC Rcd at 23891, 23935-42, 23946, �� 97-118, 131. Id. See 47 C.F.R. � 1.2105(a)(2)(v), (vi). See In the Matter of Extending Wireless Telecommunications Services to Tribal Lands, WT Docket No. 99-266, Third Report and Order, 19 FCC Rcd 17652 (2004) (``Tribal Lands Third Report and Order''); Extending Wireless Telecommunications Services to Tribal Lands, WT Docket No. 99-266, Second Report and Order and Second Further Notice of Proposed Rulemaking, 18 FCC Rcd 4775 (WTB 2003)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1524A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1524A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1524A1.txt
  • 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 AND RADIO TREATY MATTERS;
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1598A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1598A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1598A1.txt
  • ensure the competitiveness of the auction process, the Commission's Part 1 rules prohibit applicants for any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless such applicants have identified each other on their FCC Form 175 applications as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). Thus, applicants for any of the same geographic license areas must affirmatively avoid all discussions with each other that affect or, in their reasonable assessment, have the potential to affect bids or bidding strategy. This prohibition begins at the short-form application filing deadline and ends at the down payment deadline after the auction. This prohibition applies to all applicants regardless
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1604A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1604A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1604A1.txt
  • these applications are subject to the Commission's competitive bidding procedures. By this Public Notice, the Bureaus announce a settlement period for certain specified groups of mutually exclusive AM applicants and a deadline for filing 47 U.S.C. � 307(b) supplementary information, if relevant. The deadline for both is September 16, 2005. Anti-Collusion Rule. The prohibition of collusion set forth in Section 1.2105(c) of the Commission's rules becomes effective upon the filing of FCC Form 175, Application to Participate in an FCC Auction, and applies to all broadcast service auctions. However, in certain circumstances, the Commission will allow a limited opportunity to settle, or otherwise resolve mutual exclusivities by means of engineering solutions, following filing of the FCC Form 175 applications. Specifically, pursuant
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1604A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1604A2.txt
  • which include at least one AM major modification application or one noncommercial educational application and are therefore entitled to settle or otherwise resolve mutual exclusivities by means of engineering solutions. Category I applicants seeking to resolve mutual exclusivities must file a settlement agreement, an engineering solution, or an amendment addressing 307(b) criteria by September 16, 2005. See 47 C.F.R. � 1.2105(c). Category II: Mutually exclusive AM application groups ineligible for settlement, but for which a Section 307(b) showing is required. If the Section 307(b) determination is not dispositive, these mutually exclusive AM application groups will proceed to auction. Category III: Mutually exclusive AM application groups ineligible for settlement and for which no Section 307(b) showing is required. These groups need submit
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  • the auction. For further details regarding due diligence, please refer to the Auction No. 60 Procedures Public Notice under Section I.B.4 and Auction No. 60 Due Diligence Announcement for the Upcoming Auction of Licenses in the Lower 700 MHz Band Scheduled for July 20, 2005, Public Notice, DA 05-1554 (June 3, 2005). Prohibition of Collusion: Applicants are reminded that Sections 1.2105(c) of the Commission's rules prohibits applicants for any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 60, this prohibition became effective at the short-form application filing deadline
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1713A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1713A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1713A1.txt
  • order to determine the existence of pending proceedings that might affect their decisions regarding participation in the auction. Participants in Auction No. 61 are strongly encouraged to continue such research during the auction. For further details regarding due diligence, please refer to the Auction No. 61 Procedures Public Notice under Section I.B.5. Prohibition of Collusion: Applicants are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 61, this prohibition became effective at the short-form application filing deadline
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1982A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1982A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1982A1.txt
  • 18, 2005, will be: Round 1 9:00 a.m. - 10:00 a.m. ET Round 2 11:00 a.m. - 12:00 p.m. ET Round 3 1:00 p.m. - 1:30 p.m. ET Round 4 2:00 p.m. - 2:30 p.m. ET Round 5 3:00 p.m. - 3:15 p.m. ET Round 6 4:00 p.m. - 4:15 p.m. ET Prohibition of Collusion. Applicants are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for licenses in any of the same geographic areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 60, this prohibition became effective at the short-form application filing
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2032A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2032A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2032A1.txt
  • 1, 2005, will be: Round 1 9:00 a.m. - 10:00 a.m. ET Round 2 11:00 a.m. - 12:00 p.m. ET Round 3 1:00 p.m. - 1:30 p.m. ET Round 4 2:00 p.m. - 2:30 p.m. ET Round 5 3:00 p.m. - 3:15 p.m. ET Round 6 4:00 p.m. - 4:15 p.m. ET Prohibition of Collusion. Applicants are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for licenses in any of the same geographic areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 61, this prohibition became effective at the short-form application filing
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2188A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2188A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2188A1.txt
  • ensure the competitiveness of the auction process, the Commission's Part 1 rules prohibits applicants for any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless such applicants have identified each other on their FCC Form 175 applications as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). Thus, applicants for any of the same geographic license areas must affirmatively avoid all discussions with each other that affect, or in their reasonable assessment have the potential to affect, bids or bidding strategy. This prohibition begins at the short-form application filing deadline and ends at the down payment deadline after the auction. This prohibition applies to all applicants regardless
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2229A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2229A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2229A1.txt
  • might affect their decisions regarding participation in the auction. Potential bidders also should review all underlying Commission orders. Participants in Auction No. 81 are strongly encouraged to continue such research during the auction. For further details regarding due diligence, please refer to the Auction No. 81 Procedures Public Notice under Section I.B.3. Prohibition of Collusion: Applicants are reminded that Section 1.2105(c) and 73.5002(d) of the Commission's rules prohibits applicants for any of the same geographic license areas or the same MX groups from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 81, this prohibition became
• 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
  • To ensure the competitiveness of the auction process, the Commission's rules prohibit competing applicants for any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements, unless such applicants have identified each other on their FCC Form 175 applications as parties with whom they have entered into agreements under section 1.2105(a)(2)(viii). As explained more fully in the Auction No. 60 Qualified Bidders Public Notice, this prohibition began at the short-form application filing deadline and ends at the down payment deadline, which is August 19, 2005. The prohibition applies to all applicants in Auction No. 60 regardless of whether an applicant participated in the bidding, and the prohibition continues until the down
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2239A5.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2239A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2239A5.txt
  • Telecommunications Market, IB Docket No. 97-142, Market Entry and Regulation of Foreign-Affiliated Entities, IB Docket No. 95-22, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891 (1997) (``Foreign Participation Order''), Order on Reconsideration, 15 FCC Rcd 18158 (2000). See Foreign Participation Order, 12 FCC Rcd at 23891, 23935-42, 23946, �� 97-118, 131 (1997). Id. See 47 C.F.R. � 1.2105(a)(2)(v), (vi). Beginning December 10, 2002, electronic filing of FCC Form 602 via ULS became mandatory. See Wireless Telecommunications Bureau Reminds Filers of Effective Date for Mandatory Electronic Filing of FCC Form 602, Public Notice, 17 FCC Rcd 22934 (WTB 2002). For more information on FCC Form 602, see Wireless Telecommunications Bureau Announces Revised Version of FCC Form 602 is Now
• 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
  • To ensure the competitiveness of the auction process, the Commission's rules prohibit competing applicants for any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements, unless such applicants have identified each other on their FCC Form 175 applications as parties with whom they have entered into agreements under section 1.2105(a)(2)(viii). As explained more fully in the Auction No. 61 Qualified Bidders Public Notice, this prohibition began at the short-form application filing deadline and ends at the down payment deadline, which is September 7, 2005. The prohibition applies to all applicants in Auction No. 61 regardless of whether an applicant participated in the bidding, and the prohibition continues until the down
• 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
  • Telecommunications Market, IB Docket No. 97-142, Market Entry and Regulation of Foreign-Affiliated Entities, IB Docket No. 95-22, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891 (1997) (``Foreign Participation Order''), Order on Reconsideration, 15 FCC Rcd 18158 (2000). See Foreign Participation Order, 12 FCC Rcd at 23891, 23935-42, 23946, �� 97-118, 131 (1997). Id. See 47 C.F.R. � 1.2105(a)(2)(v), (vi). 47 C.F.R. � 1.2109(a). See In the Matter of Extending Wireless Telecommunications Services to Tribal Lands, WT Docket No. 99-266, Third Report and Order, 19 FCC Rcd 17652 (2004) (``Tribal Lands Third Report and Order''); Extending Wireless Telecommunications Services to Tribal Lands, WT Docket No. 99-266, Second Report and Order and Second Further Notice of Proposed Rulemaking, 18 FCC
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2359A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2359A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2359A1.txt
  • The mock auction bidding schedule for Monday, September 12, 2005, will be: Round 1 10:00 a.m. - 11:00 a.m. ET Round 2 12:00 p.m. - 12:30 p.m. ET Round 3 1:30 p.m. - 2:00 p.m. ET Round 4 3:00 p.m. - 3:15 p.m. ET Round 5 4:00 p.m. - 4:15 p.m. ET Prohibition of Collusion. Applicants are reminded that Section 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants for any of the same MX groups from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). In addition, even if auction applicants are eligible to bid each on only
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2437A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2437A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2437A1.txt
  • Reconsideration (received Jan. 27, 2005). See ``Broadband PCS Spectrum Auction Start Date Rescheduled for January 26, 2005,'' Public Notice, 19 FCC Rcd 19,945 (2004); ``Broadband PCS Spectrum Auction Scheduled for January 12, 2005; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedures for Auction No. 58,'' Public Notice, 19 FCC Rcd 18,190, 18,201-02 (2004); 47 C.F.R. �� 1.2105; 1.2106. Ameer Flippin, Ex-Parte Motion and Petition for a Time Extension, Waiver, Amendment, and Modification of Rules in PCS/Broadband Auction #58; Particularly 1) A Time Extension in Which to File Short Form 175, 2) A Waiver or Extension of Down Payment Deadline of December 29th, 2004, and 3) Modification of Auction Date to Be Postponed for 180 Days; and Memorandum
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  • and Spectrum Access Division Media Bureau Wireless Telecommunications Bureau . ``Auction of Low Power Television Construction Permits Scheduled for September 14, 2005; Notice and Filing Requirements, Minimum Opening Bids and Other Procedures for Auction No. 81,'' Public Notice, 20 FCC Rcd 9481, 9487-88 (2005) (``Auction No. 81 Procedures Public Notice''), 70 FR 33478 (June 8, 2005), citing 47 C.F.R. �� 1.2105(a)(2)(viii), 1.2105(c)(1), 73.5002(d). See also ``Notice and Filing Requirements Regarding July 31 through August 4, 2000 Limited Low Power Television/Television Translator/Class A Television Auction Filing Window,'' Public Notice, 15 FCC Rcd 10854, 10864-65 (Mass Media & Wireless Telecom. Burs. 2000) (``Auction No. 81 Filing Window Public Notice''); Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2478A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2478A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2478A1.txt
  • previously announced in any prior public notice regarding Auction No. 62, including the Auction No. 62 Procedures Public Notice. Consistent with its usual practice, the Commission intends to announce the status of applications approximately two weeks in advance of the rescheduled upfront payment deadline. All other previously announced auction procedures and requirements remain the same. Applicants are reminded 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 unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 62, this prohibition became effective at the short-form application filing deadline on
• 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
  • applicant's winning bid, it will grant the construction permit. Anti-collusion Rules To ensure the competitiveness of the auction process, the Commission's rules prohibit competing applicants from communicating with each other about bids, bidding strategies, or settlements, unless such applicants have identified each other on their FCC Form 175 applications as parties with whom they have entered into agreements under section 1.2105(a)(2)(viii). As explained more fully in the Auction No. 81 Qualified Bidders Public Notice, this prohibition began at the short-form application filing deadline and ends at the down payment deadline, which is October 31, 2005. The prohibition applies to all applicants in Auction No. 81 regardless of whether an applicant became a qualified bidder or actually participated in the bidding, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2732A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2732A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2732A1.txt
  • existence of pending proceedings, pleadings, applications or authorizations that might affect their decisions regarding participation in the auction. Participants in Auction No. 63 are strongly encouraged to continue such research during the auction. For further details regarding due diligence, please refer to the Auction No. 63 Procedures Public Notice under Section I.B.4. Prohibition of Collusion: Applicants are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 63, this prohibition became effective at the short-form application filing deadline on Friday, October
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2847A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2847A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2847A1.txt
  • or questions concerning down payments, please contact Gail Glasser at (202) 418-0578. For additional information or questions concerning application filings, please contact the Media Bureau's Video Division at (202) 418-1600. -- FCC -- See Auction of Low Power Television Construction Permits Closes; Winning Bidders Announced for Auction No. 81, Public Notice, DA 05-2543 (September 30, 2005). See 47 C.F.R. �� 1.2105(c)(1), 73.5002(d); ``Auction of Low Power Television Construction Permits Scheduled for September 14, 2005, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedures for Auction No. 81,'' 20 FCC Rcd 9481, 87-88 (2005). 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 B O r
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2892A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2892A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2892A1.txt
  • Order amending the FM Table of Allotments and allotting the FM channel(s) on which they plan to bid. Participants in Auction No. 62 are strongly encouraged to continue such research during the auction. For further details regarding due diligence, please refer to the Auction No. 62 Procedures Public Notice under Section I.B.3. Prohibition of Collusion: Applicants are reminded 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 unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 62, this prohibition became effective at the short-form application filing deadline on
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2960A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2960A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2960A1.txt
  • The mock auction bidding schedule for Monday, December 5, 2005, will be: Round 1 10:00 a.m. - 11:00 a.m. ET Round 2 12:00 p.m. - 12:30 p.m. ET Round 3 1:30 p.m. - 2:00 p.m. ET Round 4 3:00 p.m. - 3:15 p.m. ET Round 5 4:00 p.m. - 4:15 p.m. ET Prohibition of Collusion. Applicants are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for licenses in any of the same geographic areas from communicating with each other about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 63, this prohibition became effective at the short-form application filing deadline on Friday,
• 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
  • ensure the competitiveness of the auction process, the Commission's Part 1 rules prohibit applicants competing for construction permits in the same geographic license area from communicating with each other about bids, bidding strategies, or settlements unless such applicants have identified each other on their short-form applications (FCC Forms 175) as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). Thus, applicants competing for construction permits in the same geographic license area must affirmatively avoid all communications with each other that affect or, in their reasonable assessment, have the potential to affect bids or bidding strategy. In some instances, this prohibition extends to communications regarding the post-auction market structure. This prohibition begins at the short-form application filing deadline and ends
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3148A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3148A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3148A1.txt
  • no one would be harmed by grant of your request because the public notice announcing the status of applicants for Auction No. 62 is not scheduled to be released soon. Based on the record before us, you have not satisfied the Commission's criteria for granting a waiver of the short-form application deadline. The Bureaus set the deadline pursuant to Section 1.2105(a)(1). The rule's underlying purpose is to establish a fixed date by which all applicants interested in participating in the auction must submit relevant information necessary to establish applicants' qualifications to participate in an auction. Using a fixed date provides the Commission with sufficient time to review applications prior to the auction and identifies the pool of potential bidders. You have
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  • pleadings. Anti-collusion Rules To ensure the competitiveness of the auction process, the Commission's rules prohibit competing applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements, unless such applicants have identified each other on their FCC Form 175 applications as parties with whom they have entered into agreements under section 1.2105(a)(2)(viii). As explained more fully in the Auction No. 63 Qualified Bidders Public Notice, this prohibition began at the short-form application filing deadline and ends at the down payment deadline, which is December 29, 2005. The prohibition applies to all applicants in Auction No. 63 regardless of whether an applicant became a qualified bidder or actually participated in the bidding, and
• 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
  • Telecommunications Market, IB Docket No. 97-142, Market Entry and Regulation of Foreign-Affiliated Entities, IB Docket No. 95-22, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891 (1997) (``Foreign Participation Order''), Order on Reconsideration, 15 FCC Rcd 18158 (2000). See Foreign Participation Order, 12 FCC Rcd at 23891, 23935-42, 23946, �� 97-118, 131 (1997). Id. See 47 C.F.R. � 1.2105(a)(2)(v), (vi). See also Amendment of Parts 2 and 25 of the Commission's Rules to Permit Operation of NGSO FSS Systems Co-Frequency with GSO and Terrestrial Systems in the Ku-Band Frequency Range; Amendment of the Commission's Rules to Authorize Subsidiary Terrestrial Use of the 12.2-12.7 GHz Band by Direct Broadcast Satellite Licensees and Their Affiliates; and Applications of Broadwave USA, PDC
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3204A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3204A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3204A1.txt
  • Round 2 1:30 p.m. - 3:00 p.m. ET The mock auction bidding schedule for Tuesday, January 10, 2006, will be: Round 3 10:00 a.m. - 11:00 a.m. ET Round 4 12:00 p.m. - 1:00 p.m. ET Round 5 2:30 p.m. - 3:00 p.m. ET Round 6 3:30 p.m. - 4:00 p.m. ET Prohibition of Collusion. Applicants are reminded that Section 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 during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). The ``geographic license area'' is the market designation of the particular service.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3204A1_Erratum.doc
  • Round 2 1:30 p.m. - 3:00 p.m. ET The mock auction bidding schedule for Tuesday, January 10, 2006, will be: Round 3 10:00 a.m. - 11:00 a.m. ET Round 4 12:00 p.m. - 1:00 p.m. ET Round 5 2:30 p.m. - 3:00 p.m. ET Round 6 3:30 p.m. - 4:00 p.m. ET Prohibition of Collusion. Applicants are reminded that Section 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 during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). The ``geographic license area'' is the market designation of the particular service.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-338A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-338A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-338A1.txt
  • 19 FCC Rcd 13591, 13604 and n.99 (2004) (granting, in relevant part, partial interim waiver of Section 69.104 of the Commission's rules to all similarly situated rate-of-return carriers, including those that did not formally request the waiver, that wish to avail themselves of the waiver); American Family Association, Letter, 19 FCC Rcd 18681 (Sept. 22, 2004) (granting waiver of Section 1.2105(b)(2) of the Commission's rules for the petitioners and other similarly situated applicants because the circumstances unique to Auction 37 compel grant of the requested waiver as being in the public interest). McElroy Informal Objection at 7. WWC argues that it seeks waiver of Section 22.949(b)(3) of the Commission's rules because ``it did not know, and could not reasonably have known,
• 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
  • To ensure the competitiveness of the auction process, the Commission's rules prohibit competing applicants for any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements, unless such applicants have identified each other on their FCC Form 175 applications as parties with whom they have entered into agreements under section 1.2105(a)(2)(viii). As explained more fully in the Auction No. 58 Qualified Bidders Public Notice, this prohibition began at the short-form application filing deadline and ends at the down payment deadline, which is March 7, 2005. The prohibition ends at the down payment deadline regardless of whether a high bidder must supplement its upfront payment to cover its down payment. Applicants certified
• 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
  • U.S. Telecommunications Market, IB Docket No. 97-142, Market Entry and Regulation of Foreign-Affiliated Entities, IB Docket No. 95-22, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891 (1997) (``Foreign Participation Order''), Order on Reconsideration, 15 FCC Rcd 18158 (2000). See Foreign Participation Order, 12 FCC Rcd at 23891, 23935-42, 23946, �� 97-118, 131. Id. See 47 C.F.R. � 1.2105(a)(2)(v), (vi). For information on the controlling interest standard, see 47 C.F.R. � 1.2110(c)(2) and Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rulemaking, 15 FCC Rcd15293, 15323-27 �� 58-67 (2000). See 2000 Biennial Regulatory Review Spectrum Aggregation
• 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
  • TV translator stations are authorized with ``secondary'' frequency use status. These stations may not cause interference to, and must accept interference from, full service television stations, certain land mobile radio operations, and other primary services. See, e.g., 47 C.F.R. �� 74.703, 74.709 and 90.303. Prohibition of Collusion Auction No. 81 applicants are reminded that the anti-collusion rules found at Section 1.2105(c) and 73.5002(d) of the Commission's rules are in effect. These rules prohibit applicants competing for construction permits in either the same geographic license area or the same MX Group from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-51A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-51A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-51A1.txt
  • a.m. ET Round 2 Bidding Period 11:00 a.m. - 12:00 p.m. ET Round 3 Bidding Period 1:00 p.m. - 1:30 p.m. ET Round 4 Bidding Period 2:00 p.m. - 2:30 p.m. ET Round 5 Bidding Period 3:00 p.m. - 3:15 p.m. ET Round 6 Bidding Period 4:00 p.m. - 4:15 p.m. ET Prohibition of Collusion. Applicants are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for licenses in any of the same geographic areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 58, this prohibition became effective at the short-form application filing
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  • period or ``window'' for filing applications for companion digital channels. During this window, only existing LPTV, translator stations, or Class A or licensees or permittees may submit applications for companion digital channels. Applications filed before the window will be returned as premature. Applications for companion digital channels filed during the window shall be filed in compliance with 47 C.F.R. �� 1.2105 and 73.5002 regarding the submission of the short-form application, FCC Form 175, with all appropriate certifications, information and exhibits identified with that form. No application fee applies with FCC Form 175. Applications filed during the window must also submit the engineering data contained in FCC Form 346 as a supplement to its short-form application. This engineering data will not be
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-693A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-693A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-693A1.txt
  • order to determine the existence of pending proceedings that might affect their decisions regarding participation in the auction. Participants in Auction No. 59 are strongly encouraged to continue such research during the auction. For further details regarding due diligence, please refer to the Auction No. 59 Procedures Public Notice under Section I.B.4. Prohibition of Collusion: Applicants are reminded that Sections 1.2105(c) of the Commission's rules prohibit applicants for any of the same geographic license areas from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 59, this prohibition became effective at the short-form application filing deadline
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-737A1_Erratum.pdf
  • Proposed Rule Making, 15 FCC Rcd 15293 (2000) (modified by Erratum, DA 00-2475 (rel. Nov. 3, 2000)) ("Part 1 Fifth Report and Order"); Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, 16 FCC Rcd 17546 (2001) ("Part 1 Seventh Report and Order") (amending the anti-collusion rule, which is codified at 47 C.F.R. �1.2105(c)); Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Eighth Report and Order, 17 FCC Rcd 2962 (2002) (amending Section 1.2110 of the Commission's rules); Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Second Order on Reconsideration of the Third Report and Order and Order on Reconsideration of the Fifth Report and Order,
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  • a stay of Auction No. 57, but subsequently withdrew that request. See Motions for Stay of Auction No. 57 and Requests for Dismissal or Disqualification, Order, 19 FCC Rcd 20482 (WTB 2004). All applicants must certify on their short-form applications under penalty of perjury that they are legally, technically, financially and otherwise qualified to hold a license. 47 C.F.R. � 1.2105(a)(2)(v). Bidders are responsible for ensuring that they remain in compliance with all applicable rules both during and after the close of the auction. See Auction 65 Procedures Public Notice at � 11 et seq. See Auction 65 Supplemental Procedures Public Notice. Id. Id. See, e.g., Sainte Partners II, LP, Memorandum Opinion and Order, 20 FCC Rcd 14723 (WTB 2005). See
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  • 2006 AUCTION OF 800 MHz AIR-GROUND RADIOTELEPHONE SERVICE LICENSES SCHEDULED FOR MAY 10, 2006 Dismissal of Application of AirCell, Inc. Report No. AUC-06-65-H (Auction No. 65) AirCell, Inc. was previously found qualified to bid in Auction No. 65, but on May 9, 2006, submitted an amendment to its FCC Form 175 (short-form application) which constitutes a major amendment under Section 1.2105(b)(2) of the Commission's Part 1 competitive bidding rules. Under Section 1.2105(b)(2), when an amendment to a short-form application includes changes in ownership of the applicant that would constitute an assignment or transfer of control, the application will be considered to be newly-filed and may not be resubmitted after the short-form application filing deadline. Accordingly, the short-form application in Auction No.
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  • to certain reporting requirements to enable the Commission to monitor Verizon Airfone's migration of its narrowband subscribers to a new broadband system. Recordkeeping and Other Compliance Requirements The Report and Order does not establish new reporting, recordkeeping, or other compliance requirements but extends the Commission's existing Part 1 competitive bidding rules to the Air-Ground Radiotelephone Service. See 47 C.F.R. �� 1.2105 (short-form applications), 1.2107 (long-form applications). While these application requirements are new with respect to applicants in the air-ground services, they are the same application requirements the Commission has applied to other auctionable services for a number of years. The requirement of filing applications on appropriate forms is necessary in order to ensure that applicants are qualified to participate in auctions
• 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
  • Anti-collusion Rules To ensure the competitiveness of the auction process, the Commission's rules prohibit applicants for licenses in any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements, unless such applicants have identified each other on their FCC Form 175 applications as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). As explained more fully in the Auction No. 65 Qualified Bidders Public Notice, this prohibition began at the short-form application filing deadline and ends at the down payment deadline, which is 6:00 p.m. ET on June 21, 2006. The prohibition applies to all applicants (unless they have identified each other on their FCC Form 175 applications as parties with whom
• 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
  • Telecommunications Market, IB Docket No. 97-142, Market Entry and Regulation of Foreign-Affiliated Entities, IB Docket No. 95-22, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891 (1997) (``Foreign Participation Order''), Order on Reconsideration, 15 FCC Rcd 18158 (2000). See Foreign Participation Order, 12 FCC Rcd at 23891, 23935-42, 23946, �� 97-118, 131 (1997). Id. See 47 C.F.R. � 1.2105(a)(2)(v), (vi). Beginning December 10, 2002, electronic filing of FCC Form 602 via ULS became mandatory. See Wireless Telecommunications Bureau Reminds Filers of Effective Date for Mandatory Electronic Filing of FCC Form 602, Public Notice, 17 FCC Rcd 22934 (WTB 2002). For more information on FCC Form 602, see Wireless Telecommunications Bureau Announces Revised Version of FCC Form 602 is Now
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1402A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1402A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1402A1.txt
  • assure themselves that, should they prevail in competitive bidding for a specific license, they will be able to build and operate facilities that will comply fully with the Commission's technical and legal requirements. For further details regarding due diligence, please refer to the Auction No. 66 Procedures Public Notice under Section I.B.5. Prohibition of Collusion: Applicants are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements unless they have identified each other on their short-form applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). In Auction No. 66, the rule would apply to any applicants applying for
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  • The mock auction bidding schedule for Monday, August 7, 2006, will be: Round 1 10:00 a.m. - 11:30 a.m. ET Round 2 12:30 p.m. - 1:30 p.m. ET Round 3 2:30 p.m. - 3:30 p.m. ET Round 4 4:00 p.m. - 4:30 p.m. ET Round 5 5:00 p.m. - 5:30 p.m. ET Prohibition of Collusion. Applicants are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for licenses in any of the same geographic areas from communicating with each other about bids, bidding strategies, or settlements unless they have identified each other on their short-form applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 66, this prohibition became effective at the short-form application
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-156A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-156A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-156A1.txt
  • and will remain applicable until the post-auction down payment deadline. On November 8, 2005, separate letters were sent to each applicant expressing concerns about the applicants' compliance with the Commission's anti-collusion rule as a result of the overlapping positions of Mr. Williams in Lotus and Aurora and the absence of any disclosure concerning bidding arrangements or understandings. Pursuant to Section 1.2105(b)(2), the applicants were provided with an opportunity to cure the specified defects in their applications. Lotus made no changes to its application. Aurora submitted an amendment to its application during the resubmission period. Neither Lotus nor Aurora submitted an upfront payment, and both applicants have been found unqualified to participate in the bidding. Because Mr. Williams is an officer of
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  • and will remain applicable until the post-auction down payment deadline. On November 8, 2005, separate letters were sent to each applicant expressing concerns about the applicants' compliance with the Commission's anti-collusion rule as a result of the overlapping positions of Mr. Williams in Aurora and Lotus and the absence of any disclosure concerning bidding arrangements or understandings. Pursuant to Section 1.2105(b)(2), the applicants were provided with an opportunity to cure the specified defects in their applications. Aurora submitted an amendment to its application during the resubmission period. Lotus made no changes to its application. Neither Aurora nor Lotus submitted an upfront payment, and both applicants have been found unqualified to participate in the bidding. Because Mr. Williams is an officer of
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  • process and requirements are provided in Section 27.15 of the Commission's Rules, 47 C.F.R. � 27.15. Application and Auction Regulations The AWS-1 Report and Order and AWS-1 Order on Reconsideration do not establish new reporting, recordkeeping, or other compliance requirements, but extend the Commission's existing Part 1 application and competitive bidding rules to Advanced Wireless Services. See 47 C.F.R. �� 1.2105 (short-form applications), 1.2107 (long-form applications); see also 47 C.F.R. �� 1.901-1.981 (application requirements and procedures). While these application requirements are new with respect to applicants in Advanced Wireless Services, they are substantially consistent with the application requirements the Commission has applied to other auctionable services for several years. The requirement of filing applications on appropriate forms is necessary in order
• 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
  • Anti-Collusion Rules To ensure the competitiveness of the auction process, the Commission's rules prohibit applicants for licenses in any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements, unless such applicants have identified each other on their FCC Form 175 applications as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). As explained more fully in the Auction No. 66 Qualified Bidders Public Notice, this prohibition began at the short-form application filing deadline and ends at the down payment deadline, which is 6:00 p.m. ET on October 4, 2006. The prohibition applies to all applicants in Auction No. 66 (unless they have identified each other on their FCC Form 175 applications
• 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
  • Telecommunications Market, IB Docket No. 97-142, Market Entry and Regulation of Foreign-Affiliated Entities, IB Docket No. 95-22, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891 (1997) (``Foreign Participation Order''), Order on Reconsideration, 15 FCC Rcd 18158 (2000). See Foreign Participation Order, 12 FCC Rcd at 23891, 23935-42, 23946, �� 97-118, 131 (1997). Id. See 47 C.F.R. � 1.2105(a)(2)(v), (vi). See supra note 3. Id. Id. 47 C.F.R. � 1.2109(a). See In the Matter of Extending Wireless Telecommunications Services to Tribal Lands, WT Docket No. 99-266, Third Report and Order, 19 FCC Rcd 17652 (2004) (``Tribal Lands Third Report and Order''); Extending Wireless Telecommunications Services to Tribal Lands, WT Docket No. 99-266, Second Report and Order and Second Further
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  • contained in this public notice, the Auction No. 68 Comment Public Notice and the Broadcast Competitive Bidding First Report and Order, the Broadcast Competitive Bidding First Reconsideration Order and the New Entrant Bidding Credit Reconsideration Order and the NCE Second Report and Order. . Prohibition of Collusion; Compliance with Antitrust Laws To ensure the competitiveness of the auction process, Section 1.2105(c) of the Commission's rules prohibits applicants competing for construction permits in any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements unless such applicants have identified each other on their short-form applications (FCC Forms 175) as parties with whom they have entered into agreements pursuant to Section 1.2105(a)(2)(viii). Thus, applicants for any
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  • of the Code of Federal Regulations. Prospective applicants must also be thoroughly familiar with the procedures, terms and conditions (collectively, ``terms'') contained in this Public Notice and the Commission's decisions in proceedings regarding competitive bidding procedures, application requirements, and obligations of Commission licensees. . Prohibition of Collusion; Compliance with Antitrust Laws To ensure the competitiveness of the auction process, Section 1.2105(c) of the Commission's rules prohibit applicants competing for licenses in any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements unless such applicants have identified each other on their short-form applications (FCC Forms 175) as parties with whom they have entered into agreements pursuant to Section 1.2105(a)(2)(viii). In Auction No. 69, the
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  • issue (Staff Decision at 3 n.13). Even if Mr. Kelly had represented Jensen throughout the application process, the fact that he also represents her employers does not demonstrate that they have an attributable interest in her application. Further, and as pointed out by Jensen in her Opposition, Stratemeyer totally misapprehends the nature of the Commission's anti-collusion rule (47 C.F.R. � 1.2105(c)). See Petition at 6. The anti-collusion rule is designed to prevent collusion between auction participants bidding on the same permit(s) so as to preserve the integrity and competitiveness of the auction process. See Mercury PCS II, LLC, Notice of Apparent Liability for Forfeiture, 12 FCC Rcd 17970, 17975 and n.18 (1997). See also Implementation of Section 309(j) of the Communications
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  • an engineering amendment that removes the mutual exclusivity to their application without having entered a settlement agreement with another applicant must nevertheless submit an affidavit as to whether or not consideration has been promised to or received by such applicant in connection with their dismissal or engineering amendment. Anti-Collusion Rule. The prohibition of collusion set forth in 47 C.F.R. � 1.2105(c) became effective upon the short-form (FCC Form 175) filing deadline on June 30, 2006. However, the Commission's Rules provide for a limited opportunity to settle, or otherwise resolve mutual exclusivities by means of engineering solutions, following the filing of the FCC Form 175 applications. Specifically, parties in MX groups listed in Attachment A may discuss possible settlement agreements or technical
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  • contained in this public notice, the Auction No. 70 Comment Public Notice and the Broadcast Competitive Bidding First Report and Order, the Broadcast Competitive Bidding First Reconsideration Order and the New Entrant Bidding Credit Reconsideration Order and the NCE Second Report and Order. . Prohibition of Collusion; Compliance with Antitrust Laws To ensure the competitiveness of the auction process, Section 1.2105(c) of the Commission's rules prohibits applicants competing for construction permits in any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements unless such applicants have identified each other on their short-form applications (FCC Forms 175) as parties with whom they have entered into agreements pursuant to Section 1.2105(a)(2)(viii). Thus, unless they have
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  • Order, and our action herein is without prejudice to resolution of the issues raised in that petition for reconsideration. There is no need or reason to consider those same issues here. Havens is incorrect in contending that the amendment to the Application is a major amendment, requiring that it be placed on public notice. See Request at 3. Neither Section 1.2105(b) of the Rules, 47 C.F.R. � 1.2105(b), which expressly pertains only to short-form applications and to ``certifications required by this section,'' nor Section 1.929(a)(2), 47 C.F.R. � 1.929(a)(2), classifies MC/LM's amendment as a major amendment. Section 1.929(a)(2) treats as major any amendment reflecting a ``substantial change in ownership or control'' of an applicant, but MC/LM does not represent that any
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  • themselves that, should they prevail in competitive bidding for a specific construction permit, they will be able to build and operate facilities that will comply fully with the Commission's technical and legal requirements. For further details regarding due diligence, please refer to the Auction No. 68 Procedures Public Notice under Section I.B.3. Prohibition of Collusion: Applicants are reminded 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 the post-auction market structure, unless they have identified each other on their short-form applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction
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  • Opinion and Order, 9 FCC Rcd at 7252 � 39. See generally Competitive Bidding Second Memorandum Opinion and Order, 9 FCC Rcd at 7252 �� 39, 42. Bidders will be made aware of other bidders with whom they will not be permitted to discuss bidding strategies for the purpose of complying with the Commission's anti-collusion rules. See 47 CFR � 1.2105(c). 47 C.F.R. � 1.2104(e). Proactive waivers are described in Section II.C.3. ``Activity Rule Waivers,'' infra. Withdrawals are not permitted in the SMR-PB format (see Section II.C.7. ``Bid Removal and Bid Withdrawal,'' infra), so within the context of a two auctions scenario any withdrawals must take place in the SMR auction. See Section II.C.4.a. ``Reserve Price,'' infra. CSEA, � 203(b). See
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  • authority fully to deter the filing of frivolous pleadings. Anti-collusion Rules To ensure the competitiveness of the auction process, the Commission's rules prohibit competing applicants from communicating with each other about bids, bidding strategies, or settlements, unless such applicants have identified each other on their FCC Form 175 applications as parties with whom they have entered into agreements under section 1.2105(a)(2)(viii). As explained more fully in the Auction No. 62 Qualified Bidders Public Notice, this prohibition began at the short-form application filing deadline and ends at the down payment deadline, which is February 23, 2006. The prohibition applies to all applicants in Auction No. 62 regardless of whether an applicant became a qualified bidder or actually participated in the bidding, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2552A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2552A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2552A1.txt
  • The mock auction bidding schedule for Monday, January 8, 2007, will be: Round 1 10:00 a.m. - 11:00 a.m. ET Round 2 12:00 p.m. - 1:00 p.m. ET Round 3 2:30 p.m. - 3:00 p.m. ET Round 4 3:30 p.m. - 4:00 p.m. ET Round 5 4:15 p.m. - 4:30 p.m. ET Prohibition of Collusion. Applicants are reminded that Sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibits applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements unless they have identified each other on their short-form applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). The ``geographic license area'' is the market designation of the particular
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2552A1_Erratum.doc
  • The mock auction bidding schedule for Monday, January 8, 2007, will be: Round 1 10:00 a.m. - 11:00 a.m. ET Round 2 12:00 p.m. - 1:00 p.m. ET Round 3 2:30 p.m. - 3:00 p.m. ET Round 4 3:30 p.m. - 4:00 p.m. ET Round 5 4:15 p.m. - 4:30 p.m. ET Prohibition of Collusion. Applicants are reminded that Sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibits applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements unless they have identified each other on their short-form applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). The ``geographic license area'' is the market designation of the particular
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  • build and operate facilities that will comply fully with the Commission's technical and legal requirements. For further details regarding due diligence, including but not limited to the potential impact of analog-to-digital conversion by television stations and interference protection obligations, please refer to the Auction No. 64 Procedures Public Notice under Section I.B.3. Prohibition of Collusion: Applicants are reminded 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 unless they have identified each other on their short-form applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 64, this prohibition became effective at the short-form
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  • Title 47, Part 1, of the Code of Federal Regulations. Prospective applicants must also be thoroughly familiar with the procedures, terms and conditions (collectively, ``terms'') contained in this Public Notice and the Commission's decisions in proceedings regarding competitive bidding procedures, application requirements, and obligations of Commission licensees. . Prohibition of Collusion To ensure the competitiveness of the auction process, Section 1.2105(c) of the Commission's rules prohibits applicants for licenses in any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements unless such applicants have identified each other on their short-form applications (FCC Forms 175) as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). Because all of the licenses available in
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  • Applicants Requiring Section 214 Authorization for Domestic Interstate Transmission Lines Acquired Through Corporate Control, Secs. 63.01, 63.03 and 63.04 11/30/08 3060-0991 AM Measurement Data 05/31/08 3060-0992 Secs. 54.507(d)(1)-(4) and CC Docket No. 96-45 01/31/08 3060-0994 Flexibility for Delivery of Communications by Mobile Satellite Service Providers in the 2 GHz Band, the L-Band, and the 1.6/2.4 GHz Band 01/31/07 3060-0995 Sec. 1.2105(c) 05/31/08 3060-0996 AM Auction Section 307(b) Submissions 05/31/08 3060-0997 Sec. 52.15(k) 05/31/08 3060-0998 Sec. 87.109 03/31/08 3060-0999 Exemption of Public Mobile Service Phones from the Hearing Aid Compatibility Act 06/30/07 3060-1000 Sec. 87.147 01/31/08 3060-1001 FCC 337 05/31/08 3060-1003 Telecommunications Carrier Emergency Contact Information 04/30/08 3060-1004 Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems
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  • applications, on November 6, 2003, the Media Bureau and Wireless Telecommunications Bureau (``Bureaus'') released a public notice announcing the filing window and other procedures for Auction No. 84. In the Auction No. 84 Filing Window Public Notice, among other things, the Bureaus cautioned that ``applicants will not be permitted to make major modifications to the FCC Form 175,'' citing Section 1.2105(b) of the Commission's rules. Section 1.2105(b)(2) states that ``[m]ajor amendments cannot be made to a short-form application after the initial filing deadline. Major amendments include changes in ownership of the applicant that would constitute an assignment or transfer of control . . . .'' The Bureaus further warned that ``[a]pplicants will not be permitted to make major modifications to their
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  • the parties that applied to bid in Auction No. 62, including those that were determined to be non-qualified to bid in the auction. See ``Auction of FM Broadcast Construction Permits; 214 Bidders Qualified to Bid in Auction No. 62,'' Public Notice, DA 05 -3204 (rel. Dec. 21, 2004), as amended by Erratum (rel. Dec. 23, 2005). See 47 C.F.R. �� 1.2105(a)(2)(viii), 1.2105(c); see also 47 C.F.R. � 73.5002(d). See Baker Creek Communications, L.P., For Authority to Construct and Operate Local Multipoint Distribution Services In Multiple Basic Trading Areas, DA 98-1921, Memorandum Opinion and Order, 13 FCC Rcd 18709 (1998); Letter from Margaret W. Wiener, Deputy Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, to Steven R. Sixberry, Nevada Wireless, DA
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-490A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-490A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-490A1.txt
  • The mock auction bidding schedule for Monday, March 13, 2006, will be: Round 1 10:00 a.m. - 11:00 a.m. ET Round 1 12:00 p.m. - 12:30 p.m. ET Round 3 1:30 p.m. - 2:00 p.m. ET Round 4 3:00 p.m. - 3:15 p.m. ET Round 5 4:00 p.m. - 4:15 p.m. ET Prohibition of Collusion. Applicants are reminded 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 unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). In Auction No. 64, the rule applies to applicants applying for any of the same
• 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
  • applicant's winning bid, it will grant the construction permit. Anti-collusion Rules To ensure the competitiveness of the auction process, the Commission's rules prohibit competing applicants from communicating with each other about bids, bidding strategies, or settlements, unless such applicants have identified each other on their FCC Form 175 applications as parties with whom they have entered into agreements under section 1.2105(a)(2)(viii). As explained more fully in the Auction No. 64 Qualified Bidders Public Notice, this prohibition began at the short-form application filing deadline and ends at the down payment deadline, which is 6:00 p.m. ET on April 6, 2006. The prohibition applies to all applicants in Auction No. 64 regardless of whether an applicant became a qualified bidder or actually participated
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  • assure themselves that, should they prevail in competitive bidding for a specific license, they will be able to build and operate facilities that will comply fully with the Commission's technical and legal requirements. For further details regarding due diligence, please refer to the Auction No. 65 Procedures Public Notice under Section I.B.6. Prohibition of Collusion: Applicants are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements unless they have identified each other on their short-form applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). Because all of the licenses available in Auction No. 65 have the same
• 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
  • filing deadline. Rules and Disclaimers Prohibition of Collusion To ensure the competitiveness of the auction process, the Commission's Part 1 rules prohibit competing applicants from communicating with each other during the auction about bids, bidding strategies, or settlements unless such applicants have identified each other on their short-form applications as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). Thus, competing applicants must affirmatively avoid all communications with each other that affect or, in their reasonable assessment, have the potential to affect, bidding or bidding strategy, which may include communications regarding the post-auction market structure. This prohibition begins at the short-form application filing deadline and ends at the down payment deadline after the auction, which will be announced in
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  • advised to review the Integrated Spectrum Auction System (ISAS) Bidder's Guide provided in the registration material. The mock auction bidding schedule for Monday, May 8, 2006, will be: Round 1 10:00 a.m. - 10:30 a.m. ET Round 2 11:30 a.m. - 11:45 a.m. ET Round 3 12:30 p.m. - 12:45 p.m. ET Prohibition of Collusion. Applicants are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for any of the same geographic license areas from communicating with each other about bids or bidding strategies unless they have identified each other as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). Because all of the licenses available in Auction No. 65 have the same service area, i.e., they are
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit �� DA 06-952 May 2, 2006 William Gordon Vice President, Regulatory Affairs AirCell, Inc. 725 Eye Street, NW, Suite 300 Washington, DC 20006 Re: AirCell, Inc. - Application to Participate in Auction No. 65/Report of Communication Covered by Section 1.2105(c) of the Commission's Rules Dear Mr. Gordon: We are in receipt of your e-mail of April 26, 2006, in which you report the receipt of a communication from another applicant in the Commission's auction of 800 MHz Air-Ground Radiotelephone Service Licenses, Auction No. 65. We acknowledge your effort to timely comply with AirCell's reporting obligation in this matter. As you
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  • fully to deter the filing of frivolous pleadings. Anti-collusion Rules To ensure the competitiveness of the auction process, the Commission's rules prohibit competing applicants from communicating with each other about bids, bidding strategies, or settlements, unless such applicants have identified each other on their FCC Form 175 short-form applications as parties with whom they have entered into agreements under section 1.2105(a)(2)(viii). As explained more fully in the Auction No. 69 Qualified Bidders Public Notice, this prohibition began at the short-form application filing deadline and ends at the down payment deadline, which is 6:00 p.m. ET on March 28, 2007. The prohibition applies to all applicants in Auction No. 69 (unless they have identified each other on their FCC Form 175 applications
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  • the U.S. Telecommunications Market, IB Docket No. 97-142, Market Entry and Regulation of Foreign-Affiliated Entities, IB Docket No. 95-22, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891 (1997) (``Foreign Participation Order''), Order on Reconsideration, 15 FCC Rcd 18158 (2000). Foreign Participation Order, 12 FCC Rcd at 23891, 23935-42, 23946, �� 97-118, 131 (1997). Id. 47 C.F.R. � 1.2105(a)(2)(v), (vi). Above note 3. Id. Id. 47 C.F.R. � 1.2109(a). Extending Wireless Telecommunications Services to Tribal Lands, WT Docket No. 99-266, Third Report and Order, 19 FCC Rcd 17652 (2004) (``Tribal Lands Third Report and Order''); Extending Wireless Telecommunications Services to Tribal Lands, WT Docket No. 99-266, Second Report and Order and Second Further Notice of Proposed Rulemaking, 18 FCC
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  • type specifically listed as a major amendment in Section 1.929 of the Commission's Rules. An amendment that revises an applicant's designated entity showing by adding revenues attributable to the applicant by operation of the spousal attribution rule is not among the amendments listed as major in Section 1.929, and therefore is properly characterized as a minor amendment. Nothing in Section 1.2105 alters this conclusion, as that rule, like Section 1.929, includes changes in ownership as major amendments, but no such change of ownership (or in MC/LM's size) has been found to occur here, notwithstanding the Petitioners' arguments. In the absence of a change of ownership, an amendment reducing an applicant's bidding credit eligibility is minor. Indeed, we believe Biltmore Forest to
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  • The mock auction bidding schedule for Monday, February 5, 2007, will be: Round 1 10:00 a.m. - 11:00 a.m. ET Round 2 12:00 p.m. - 1:00 p.m. ET Round 3 2:30 p.m. - 3:00 p.m. ET Round 4 3:30 p.m. - 4:00 p.m. ET Round 5 4:15 p.m. - 4:30 p.m. ET Prohibition of Collusion. Applicants are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for any of the same geographic license areas from communicating with each other about bids or bidding strategies unless they have identified each other on their short-form applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). The ``geographic license area'' is the market designation of the particular service. For the
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  • letter, we address RTN's Petition for Reconsideration or Request for Waiver of the Rules for Reinstatement (``Petition''). In the Petition, RTN argues that the instructions regarding the NCE election in Form 175 were unclear, and that its intent to participate in the auction was evident from its selection of multiple FM allotments. In the alternative, RTN requests waiver of Section 1.2105(b)(2) of the Commission's Rules, and asks that it be allowed to amend its Form 175 application to indicate that it is not seeking to be considered an NCE applicant for purposes of its short-form application. For the reasons discussed below, we deny the Petition and waiver request. In the Petition, RTN first contends that an amendment to change its NCE
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  • additional payments are due, the Commission will grant the construction permit. Anti-collusion Rules To ensure the competitiveness of the auction process, the Commission's rules prohibit competing applicants from communicating with each other about bids, bidding strategies, or settlements, unless such applicants have identified each other on their short-form applications as parties with whom they have entered into agreements under section 1.2105(a)(2)(viii). As explained more fully in the Auction No. 70 Qualified Bidders Public Notice, this prohibition began at the short-form application filing deadline and ends at the down payment deadline, which is 6:00 p.m. ET on April 16, 2007. The prohibition applies to all applicants in Auction No. 70 regardless of whether an applicant became a qualified bidder or actually participated
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1603A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1603A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1603A1.txt
  • assure themselves that, should they prevail in competitive bidding for a specific license, they will be able to build and operate facilities that will comply fully with the Commission's technical and legal requirements. For further details regarding due diligence, please refer to the Auction No. 71 Procedures Public Notice under Section I.B.4. Prohibition of Collusion: Applicants are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements, which may include communications regarding the post-auction market structure, unless they have identified each other on their short-form applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). In Auction No. 71,
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  • Innovative disclosed its ownership interests before and after the Chapter 11 bankruptcy in its long-form application (Form 601), it failed to properly amend its Form 175 to reflect this transfer. Innovative subsequently filed a series of Form 603s seeking Commission consideration of the aforementioned involuntary transfers of control with respect to other licenses. We remind applicants that sections 1.65 and 1.2105(b) of the Commission's rules require the continuing accuracy and completeness of information furnished in a pending application, and that failure to comply with the Commission's rules can result in enforcement action under certain circumstances. 47 C.F.R. �� 1.65 and 1.2105(b). However, we determine that the involuntary transfer of control resulting from the bankruptcy filing does not constitute a substantial change
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-190A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-190A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-190A1.txt
  • themselves that, should they prevail in competitive bidding for a specific construction permit, they will be able to build and operate facilities that will comply fully with the Commission's technical and legal requirements. For further details regarding due diligence, please refer to the Auction No. 70 Procedures Public Notice under Section I.B.3. Prohibition of Collusion: Applicants are reminded 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 the post-auction market structure, unless they have identified each other on their short-form applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1921A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1921A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1921A1.txt
  • The mock auction bidding schedule for Monday, May 14, 2007, will be: Round 1 10:00 a.m. - 11:00 a.m. ET Round 2 12:00 p.m. - 1:00 p.m. ET Round 3 2:30 p.m. - 3:00 p.m. ET Round 4 3:30 p.m. - 4:00 p.m. ET Round 5 4:15 p.m. - 4:30 p.m. ET Prohibition of Collusion. Applicants are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements, which may include communications regarding the post-auction market structure, unless they have identified each other on their short-form applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). In Auction No. 71,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-193A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-193A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-193A1.txt
  • an engineering amendment that removes the mutual exclusivity to their application without having entered a settlement agreement with another applicant must nevertheless submit an affidavit as to whether or not consideration has been promised to or received by such applicant in connection with their dismissal or engineering amendment. Anti-Collusion Rule. The prohibition of collusion set forth in 47 C.F.R. � 1.2105(c) became effective upon the short-form (FCC Form 175) filing deadline on August 31, 2000. However, the Commission's Rules provide for a limited opportunity to settle, or otherwise resolve mutual exclusivities by means of engineering solutions, following the filing of the FCC Form 175 applications. Specifically, parties in MX groups listed in Attachment A may discuss possible settlement agreements or technical
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1966A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1966A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1966A1.txt
  • assure themselves that, should they prevail in competitive bidding for a specific license, they will be able to build and operate facilities that will comply fully with the Commission's technical and legal requirements. For further details regarding due diligence, please refer to the Auction No. 72 Procedures Public Notice under Section I.B.4. Prohibition of Collusion: Applicants are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements, which may include communications regarding the post-auction market structure, unless they have identified each other on their short-form applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). In Auction No. 72,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2142A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2142A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2142A1.txt
  • fully to deter the filing of frivolous pleadings. Anti-collusion Rules To ensure the competitiveness of the auction process, the Commission's rules prohibit competing applicants from communicating with each other about bids, bidding strategies, or settlements, unless such applicants have identified each other on their FCC Form 175 short-form applications as parties with whom they have entered into agreements under section 1.2105(a)(2)(viii). As explained more fully in the Auction No. 71 Qualified Bidders Public Notice, this prohibition began at the short-form application filing deadline and ends at the down payment deadline, which is 6:00 p.m. ET on June 11, 2007. The prohibition applies to all applicants in Auction No. 71 (unless they have identified each other on their FCC Form 175 applications
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2142A7.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2142A7.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2142A7.txt
  • Id. Rules and Policies on Foreign Participation in the U.S. Telecommunications Market, Market Entry and Regulation of Foreign-Affiliated Entities, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891 (1997) (``Foreign Participation Order''), Order on Reconsideration, 15 FCC Rcd 18158 (2000). Foreign Participation Order, 12 FCC Rcd at 23891, 23935-42, 23946, �� 97-118, 131 (1997). Id. 47 C.F.R. � 1.2105(a)(2)(v), (vi). For information on the controlling interest standard, see 47 C.F.R. � 1.2110(c)(2) and Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Order or Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rulemaking, 15 FCC Rcd 15293, 15323-27 �� 58-67 (2000). See 47 C.F.R. � 1.2110(b)(1)(i); see
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2278A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2278A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2278A1.txt
  • auction bidding schedule for Monday, June 18, 2007, will be as follows: Round 1 10:00 a.m. - 11:00 a.m. ET Round 2 12:00 p.m. - 1:00 p.m. ET Round 3 2:30 p.m. - 3:00 p.m. ET Round 4 3:30 p.m. - 4:00 p.m. ET Round 5 4:15 p.m. - 4:30 p.m. ET Prohibition of Collusion. Applicants are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements, which may include communications regarding the post-auction market structure, unless they have identified each other on their short-form applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). In Auction No. 72,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2328A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2328A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2328A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit June 5, 2007 Warren C. Havens AMTS Consortium LLC 2649 Benvenue Avenue, # 2-6 Berkeley, CA 94705 Re: Request for Declaratory Ruling Concerning Implementation of Section 1.2105(b)(2)'s Definition of ``Major Modification'' for Auction No. 72 Dear Mr. Havens: This letter responds to your request for declaratory ruling submitted on behalf of AMTS Consortium LLC (``AMTS''), an applicant for Auction No. 72 (Phase II 220 MHz Service), which is to begin on June 20, 2007. Your request seeks clarification concerning the Commission's implementation of the prohibition in Section
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  • of AMTS may be delinquent on non-tax debts to the Commission in the form of fees for processing requests for information pursuant to the Freedom of Information Act. The existence of any such debts that are now delinquent or were delinquent as of the short-form filing deadline for Auction 72 may call into question the certifications made pursuant to Sections 1.2105(a)(2)(ix) and 1.2105(a)(2)(x) by AMTS Consortium in its Auction 72 short-form application. We defer until after the auction final determination of any issues raised by this recently discovered information. In addition, we note that bidders who are found to have violated the Commission's rules in connection with their participation in the competitive bidding process may be subject to sanctions. Accordingly, your
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2846A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2846A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2846A1.txt
  • fully to deter the filing of frivolous pleadings. Anti-collusion Rules To ensure the competitiveness of the auction process, the Commission's rules prohibit competing applicants from communicating with each other about bids, bidding strategies, or settlements, unless such applicants have identified each other on their FCC Form 175 short-form applications as parties with whom they have entered into agreements under section 1.2105(a)(2)(viii). As explained more fully in the Auction No. 72 Qualified Bidders Public Notice, this prohibition began at the short-form application filing deadline and ends at the down payment deadline, which is 6:00 p.m. ET on July 18, 2007. The prohibition applies to all applicants in Auction No. 72 (unless they have identified each other on their FCC Form 175 applications
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2846A5.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2846A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2846A5.txt
  • Id. Rules and Policies on Foreign Participation in the U.S. Telecommunications Market, Market Entry and Regulation of Foreign-Affiliated Entities, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891 (1997) (``Foreign Participation Order''), Order on Reconsideration, 15 FCC Rcd 18158 (2000). Foreign Participation Order, 12 FCC Rcd at 23891, 23935-42, 23946, �� 97-118, 131 (1997). Id. 47 C.F.R. � 1.2105(a)(2)(v), (vi). Id. Id. Id. 47 C.F.R. � 1.2109(a). Extending Wireless Telecommunications Services to Tribal Lands, Third Report and Order, 19 FCC Rcd 17652 (2004) (``Tribal Lands Third Report and Order''); Extending Wireless Telecommunications Services to Tribal Lands, Second Report and Order and Second Further Notice of Proposed Rulemaking, 18 FCC Rcd 4775 (2003) (``Tribal Lands Second Report and Order''); Extending
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  • assure themselves that, should they prevail in competitive bidding for a specific license, they will be able to build and operate facilities that will comply fully with the Commission's technical and legal requirements. For further details regarding due diligence, please refer to the Auction No. 69 Procedures Public Notice under Section I.B.4. Prohibition of Collusion: Applicants are reminded that Section 1.2105(c) 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 the post-auction market structure, unless they have identified each other on their short-form applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). In Auction No. 69,
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  • that licenses are awarded to those who value them most highly. If, as IPN requests, the application process were locked in place as of the original deadline, the very purpose of the auction might be thwarted. The Bureau's decision to purge the short-form applications also avoided prolonging the time during which the Commission's anti-collusion rule remained in effect. Under Section 1.2105(c)(1), applicants with pending short-form applications would have been subject to the rule's prohibition against collusion. This prohibition would have remained in effect until the winning bidders in the rescheduled auction made their down payments. The anti-collusion rule would have prohibited any negotiations or discussions with other applicants related to bids or bidding strategies, unless those other applicants were part of
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  • of the Code of Federal Regulations. Prospective applicants must also be thoroughly familiar with the procedures, terms and conditions (collectively, ``terms'') contained in this Public Notice and the Commission's decisions in proceedings regarding competitive bidding procedures, application requirements, and obligations of Commission licensees. . Prohibition of Collusion; Compliance with Antitrust Laws To ensure the competitiveness of the auction process, Section 1.2105(c) of the Commission's rules prohibits applicants competing for licenses in any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements unless such applicants have identified each other on their short-form applications (FCC Forms 175) as parties with whom they have entered into agreements pursuant to Section 1.2105(a)(2)(viii). In Auction No. 71, the
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  • Wireless Telecommunications Bureau, and Matinee Radio, LLC; ``Investigation'' means the matters raised by the Media Bureau in its May 23, 2006, and December 15, 2006, letters to Matinee Radio, LLC, and Matinee's responses thereto; and the matters that were the subject of the July 17, 2006, notification Matinee Radio, LLC filed with the Secretary of the Commission pursuant to Sections 1.2105(c)(6) and 73.5002(d) of the Commission's rules. ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. Section 151 et seq.; ``Rules'' means the Commission's regulations set forth in Title 47 of the Code of Federal Regulations; ``Adopting Order'' means an order of the Media Bureau and Wireless Telecommunications Bureau adopting this Consent Decree; ``Effective Date'' means the date on
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  • filed during the window and was assigned to MX Group 51. Accordingly, these engineering proposals are subject to competitive bidding procedures. In the Auction No. 85 Filing Window Public Notice, among other things, the Media Bureau and Wireless Telecommunications Bureau (``the Bureaus'') cautioned that ``applicants will not be permitted to make major modifications to the FCC Form 175,'' citing Section 1.2105(b) of the Commission's rules. Section 1.2105(b)(2) states that ``[m]ajor amendments cannot be made to a short-form application after the initial filing deadline. Major amendments include changes in ownership of the applicant that would constitute an assignment or transfer of control . . . .'' The Bureaus further warned that ``[a]pplicants will not be permitted to make major modifications to their
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3368A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3368A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3368A1.txt
  • filed during the window and was assigned to MX Group 131. Accordingly, these engineering proposals are subject to competitive bidding procedures. In the Auction No. 85 Filing Window Public Notice, among other things, the Media Bureau and Wireless Telecommunications Bureau (``the Bureaus'') cautioned that ``applicants will not be permitted to make major modifications to the FCC Form 175,'' citing Section 1.2105(b) of the Commission's rules. Section 1.2105(b)(2) states that ``[m]ajor amendments cannot be made to a short-form application after the initial filing deadline. Major amendments include changes in ownership of the applicant that would constitute an assignment or transfer of control . . . .'' The Bureaus further warned that ``[a]pplicants will not be permitted to make major modifications to their
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3369A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3369A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3369A1.txt
  • filed during the window and was assigned to MX Group 81. Accordingly, these engineering proposals are subject to competitive bidding procedures. In the Auction No. 85 Filing Window Public Notice, among other things, the Media Bureau and Wireless Telecommunications Bureau (``the Bureaus'') cautioned that ``applicants will not be permitted to make major modifications to the FCC Form 175,'' citing Section 1.2105(b) of the Commission's rules. Section 1.2105(b)(2) states that ``[m]ajor amendments cannot be made to a short-form application after the initial filing deadline. Major amendments include changes in ownership of the applicant that would constitute an assignment or transfer of control . . . .'' The Bureaus further warned that ``[a]pplicants will not be permitted to make major modifications to their
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3370A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3370A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3370A1.txt
  • filed during the window and was assigned to MX Group 84. Accordingly, these engineering proposals are subject to competitive bidding procedures. In the Auction No. 85 Filing Window Public Notice, among other things, the Media Bureau and Wireless Telecommunications Bureau (``the Bureaus'') cautioned that ``applicants will not be permitted to make major modifications to the FCC Form 175,'' citing Section 1.2105(b) of the Commission's rules. Section 1.2105(b)(2) states that ``[m]ajor amendments cannot be made to a short-form application after the initial filing deadline. Major amendments include changes in ownership of the applicant that would constitute an assignment or transfer of control . . . .'' The Bureaus further warned that ``[a]pplicants will not be permitted to make major modifications to their
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3415A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3415A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3415A1.txt
  • �� 109-113 (WTB 2007) (``Auction 71 Procedures Public Notice''); ``Auction of Phase II 220 MHz Service Spectrum Scheduled for June 20, 2007; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedures for Auction No. 72,'' Public Notice, DA 07-514, 22 FCC Rcd 3404, 3433-34 �� 112-116 (WTB 2007) (``Auction 72 Procedures Public Notice''). See 47 C.F.R. � 1.2105(c). Consistent with this determination, if there is a subsequent auction of alternative licenses, the anti-collusion rule, which goes into effect prior to the first auction, will remain in effect until the down-payment deadline following the second auction. See Section V. ``Contingent Subsequent Auction,'' below. See 700 MHz Second Report & Order at �� 444-454. Id. at �� 290-292. . Id.
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  • will be processed and the MB will issue a CDBS-generated public notice listing the application as acceptable for filing. Petitions to deny must be filed within 10 days of the pertinent public notice. As discussed further in Attachment A, applicants will not be permitted to make major modifications to the FCC Form 175. The collusion prohibition set forth in Section 1.2105(c) of the Rules applies to applicants submitting applications in this supplemental AM new and major modification auction filing window. To ensure the competitiveness and integrity of the auction process, the Anti-Collusion Rules prohibit competing applicants from communicating with each other about bids, bidding strategies, or settlements, which may include communications regarding the post-auction market structure, unless such applicants have identified
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  • On the My Auctions page, click the Enter Auction Application Manager link and select the Auction 84 link to view/update your electronic FCC Form 175. Application Filing Instructions The information collected in connection with the FCC Form 175 is required to determine whether an applicant qualifies to participate in competitive bidding for Commission licenses or construction permits. Pursuant to Section 1.2105(a) of the Rules, the FCC Form 175 must be submitted electronically. Applicants must submit the required information as an entry in a data field of the electronic FCC Form 175 whenever a data field is available for that information entry. Attachments should not be used to provide information that can be supplied within the discrete data fields of the electronic
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4171A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4171A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4171A1.txt
  • at the FCC Reference Information Center, 445 12th Street, SW, Room CY-A257, Washington, DC 20554. Documents may also be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc. (``BCPI''), 445 12th Street, SW, Room CY-B402, Washington, DC 20554, 800-378-3160 or at http://www.bcpiweb.com. Prohibition of Collusion; Compliance with Antitrust Laws To ensure the competitiveness of the auction process, Section 1.2105(c) of the Commission's rules prohibits auction applicants for licenses in any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements unless such applicants have identified each other on their short-form applications (FCC Forms 175) as parties with whom they have entered into agreements pursuant to Section 1.2105(a)(2)(viii). Entities Subject to Anti-Collusion Rule
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  • subject to competitive bidding procedures. On November 6, 2003, the Bureaus released a public notice announcing the January 2004 filing window and other procedures for Auction No. 84. In the Auction No. 84 Filing Window Public Notice, among other things, the Bureaus cautioned that ``applicants will not be permitted to make major modifications to the FCC Form 175,'' citing Section 1.2105(b) of the Commission's rules. Section 1.2105(b)(2) states that ``[m]ajor amendments cannot be made to a short-form application after the initial filing deadline. Major amendments include changes in ownership of the applicant that would constitute an assignment or transfer of control . . . .'' The Bureaus further warned that ``[a]pplicants will not be permitted to make major modifications to their
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  • 90.175(b)(1) 09/30/10 3060-0986 FCC 525 06/30/08 3060-0987 911 Callback Capability: Non-initialized Phones 10/31/08 3060-0989 Secs. 63.01, 63.03 and 63.04 11/30/08 3060-0991 AM Measurement Data 05/31/08 3060-0992 Secs. 54.507(d)(1)-(4) and CC Docket No. 96-45 01/31/08 3060-0994 Flexibility for Delivery of Communications by Mobile Satellite Service Providers in the 2 GHz Band, the L-Band, and the 1.6/2.4 GHz Band 01/31/10 3060-0995 Sec. 1.2105(c) 05/31/08 3060-0996 AM Auction Section 307(b) Submissions 05/31/08 3060-0997 Sec. 52.15(k) 05/31/08 3060-0998 Sec. 87.109 08/31/10 3060-0999 Sec. 20.19 09/30/10 3060-1000 Sec. 87.147 01/31/08 3060-1001 FCC 337 05/31/08 3060-1003 Communications Disaster Information Reporting System (DIRS) 07/31/10 3060-1004 Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems 09/30/09 3060-1005 Numbering Resource Optimization - Phase 3 06/30/08
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  • they prevail in competitive bidding for a specific license, they will be able to build and operate facilities that will comply fully with the Commission's technical and legal requirements. For further details regarding due diligence, please refer to the Auction 73/76 Procedures Public Notice under Section I.B.3. Prohibition of Collusion and Maintenance of Anonymous Bidding: Applicants are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for licenses in any of the same or overlapping geographic areas from communicating with each other about bids, bidding strategies, or settlements, which may include communications regarding the post-auction market structure, unless they have identified each other on their short-form applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). The
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  • requirements, and obligations of Commission licensees. For example, among other Commission orders, prospective bidders should be familiar with the 220 MHz Third R&O, the 220 MHz Fourth R&O, the 220 MHz Fifth R&O, the 220 MHz 2000 M&O, and the Rural Services Order. . Prohibition of Collusion; Compliance with Antitrust Laws To ensure the competitiveness of the auction process, Section 1.2105(c) of the Commission's rules prohibit applicants competing for licenses in any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements unless such applicants have identified each other on their short-form applications (FCC Forms 175) as parties with whom they have entered into agreements pursuant to Section 1.2105(a)(2)(viii). In Auction No. 72, the
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  • 16062, 16072 (2000) (in connection with a merger, stations assigned to an ``insulated divestiture trust,'' as Clear Channel had not yet secured third-party buyers acceptable to the U.S. Department of Justice; non-attribution of broadcast stations allowed because the licenses were held by the trustee and operation was properly insulated from the grantors and beneficiaries). 47 C.F.R. � 73.3555(a)(1). Id. � 1.2105(b)(2). Id. � 1.925. Review of the Commission's Regulations Governing Attribution of Broadcast and Cable/MDS Interests, Report and Order, 14 FCC Rcd 12559, 12560 (1999). See KMAJ Trust Agreement and KCHZ Trust Agreement (``Trust Agreements''), �� 2(a), (b), 5(e). Id. �� 5(a)(ii)-(v). Id. � 5(a)(i). See supra note 4. See ``Auction of FM Broadcast Construction Permits Scheduled for March 7, 2007:
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  • decision in Two-Way Radio of Carolina was not restricted to instances in which an applicant provided new revenue information, as opposed to other information required to demonstrate eligibility for a bidding credit. The Commission's decision in Two-Way Radio of Carolina affirmed the Bureau's denial of a request for waiver of the rule governing submission and revision of auction applications, section 1.2105(b), noting that submissions of information in support of more favorable bidding credits after the deadline established pursuant to that rule are not permitted. Further, the Commission concluded that by requiring that applicants provide essential information regarding basic qualifications to hold licenses and to claim bidding credits before an auction, the pre-auction application deadline enhances the integrity of the auction process.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-772A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-772A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-772A1.txt
  • The mock auction bidding schedule for Monday, March 5, 2007, will be: Round 1 10:00 a.m. - 11:00 a.m. ET Round 2 12:00 p.m. - 1:00 p.m. ET Round 3 2:30 p.m. - 3:00 p.m. ET Round 4 3:30 p.m. - 4:00 p.m. ET Round 5 4:15 p.m. - 4:30 p.m. ET Prohibition of Collusion. Applicants are reminded that Sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibits applicants for any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements unless they have identified each other on their short-form applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). The ``geographic license area'' is the market designation of the particular
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-871A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-871A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-871A1.txt
  • of 24 GHz facilities are filed on FCC Form 175 in accordance with . . . subpart Q of part 1'' and that ``[m]utually exclusive initial applications for licenses in the 24 GHz band are subject to competitive bidding procedures.'' The general competitive bidding rules in Part 1, Subpart Q have been in place since 1994. Those rules include Section 1.2105(a), which provides that short-form applications to participate in an auction of licenses (FCC Form 175) ``will be due: (i) [o]n the date (s) specified by public notice; or (ii) [i]n the case of application filing dates which occur automatically by operation of law (see, e.g., 47 CFR 22.901) on a date specified by public notice after the Commission has reviewed
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  • additional payments are due, the Commission will grant the construction permit. Anti-collusion Rules To ensure the competitiveness of the auction process, the Commission's rules prohibit competing applicants from communicating with each other about bids, bidding strategies, or settlements, unless such applicants have identified each other on their short-form applications as parties with whom they have entered into agreements under section 1.2105(a)(2)(viii). As explained more fully in the Auction No. 68 Qualified Bidders Public Notice, this prohibition began at the short-form application filing deadline and ends at the down payment deadline, which is 6:00 p.m. ET on February 8, 2007. The prohibition applies to all applicants in Auction No. 68 regardless of whether an applicant became a qualified bidder or actually participated
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-100A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-100A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-100A1.txt
  • January 4, 2008 on behalf of [REDACTED] along with a letter requesting confidential treatment. [REDACTED] Request for Waiver will be accorded confidential treatment in accordance with our rules and procedures. Accordingly, this letter will not be publicly disclosed in full by the Commission until the Commission discloses all non-public information relating to Auction 73. [REDACTED] requests a waiver of section 1.2105(b)(2) of the Commission's auction rules in order to allow [REDACTED] to participate in Auction 73 so that it can participate in that auction and [REDACTED] participate [REDACTED]. For the reasons described below, we [REDACTED] deny [REDACTED] Request [REDACTED] to enable [REDACTED] to participate in bidding [REDACTED] in Auction 73. Background Auction 73 is an auction of 1099 spectrum licenses in
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  • of the Code of Federal Regulations. Prospective applicants must also be thoroughly familiar with the procedures, terms and conditions (collectively, ``terms'') contained in this Public Notice and the Commission's decisions in proceedings regarding competitive bidding procedures, application requirements, and obligations of Commission licensees. . Prohibition of Collusion; Compliance with Antitrust Laws To ensure the competitiveness of the auction process, Section 1.2105(c) of the Commission's rules prohibits auction applicants for licenses in any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements unless such applicants have identified each other on their short-form applications (FCC Form 175) as parties with whom they have entered into agreements pursuant to Section 1.2105(a)(2)(viii). Entities Subject to Anti-Collusion Rule
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1108A1.pdf
  • to preserve the integrity of the subsequent auction. b. Declaratory Ruling on Anti-Collusion Rule Reporting Requirement To further its policy of preventing collusive behavior in Commission auctions, the Commission clarified by declaratory ruling and a conforming textual edit the obligation that applicants in Commission auctions have to report any communications of bids or bidding strategies that are prohibited by Section 1.2105(c)(1) of the Commission's rules. Pursuant to Section 1.2105(c)(6), any applicant that makes or receives such a communication shall report such communication in writing to the Commission immediately, and in no case later than five business days after the communication occurs. As noted in the Commission's Order adopting Section 1.2105(c)(6), the Commission cannot "take on the impossible task of screening all
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  • to assure themselves that, should they prevail in competitive bidding for a specific license, they will be able to build and operate facilities that will comply fully with the Commission's technical and legal requirements. For further details regarding due diligence, please refer to the Auction 77 Procedures Public Notice under Section I.B.4. Prohibition of Collusion: Applicants are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for licenses in any of the same geographic areas from communicating with each other about bids, bidding strategies, or settlements, which may include communications regarding the post-auction market structure. The anti-collusion rule applies to each of the two applicants that submitted short-form applications for Auction 77. Thus, each applicant must affirmatively avoid all communications
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  • filer's chain of ownership; and (4) the members of any limited liability corporation whose interest in the filer is 10 percent or greater. Id. � 1.2112(a)(4). ULS File No. 0002757999. All applicants for Commission auctions are required to file FCC Form 175, and information regarding the ownership of the applicant must be provided on this form. See 47 C.F.R. �� 1.2105(a), 90.806, 90.815 (1995). The Commission's rules also provide that applicants are responsible for the continuing accuracy and completeness of information furnished in a pending application and applicants must maintain up-to-date ownership information on file with the Commission. See 47 C.F.R. � 1.65. Comtec Communications, Inc., FCC Form 175, File No. 0660498645. 47 C.F.R. � 90.815(a)(1) (1995). ULS File No. 0002743705.
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  • the Commission's anti-collusion rule. Lotus further contends that in so doing the Bureau improperly imposed sanctions on Lotus without providing it with notice or an opportunity to be heard. As explained below, we conclude that Lotus's Petition for Reconsideration is barred under the Commission's rules because the Division Letter was not a final action subject to reconsideration. BACKGROUND Under Section 1.2105(c) of the Commission's rules (the ``anti-collusion rule''), all auction applicants that apply to bid on licenses or permits in any of the same geographic areas are prohibited from discussing with each other, or disclosing to each other in any manner, the substance of their bids or bidding strategies during the auction process, unless such applicants disclose on their short-form applications
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  • fully to deter the filing of frivolous pleadings. OTHER IMPORTANT INFORMATION Anti-Collusion Rules To ensure the competitiveness of the auction process, the Commission's rules prohibit competing applicants from communicating with each other about bids, bidding strategies, or settlements, unless such applicants have identified each other on their short-form applications as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). As explained more fully in the Auction 77 Qualified Bidders Public Notice, this prohibition began at the short-form application filing deadline and continues until the down payment deadline after Auction 77. The collusion prohibition applies to all applicants in Auction 77 regardless of whether an applicant became a qualified bidder or actually participated in the bidding, and the prohibition continues
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1579A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1579A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1579A1.txt
  • to assure themselves that, should they prevail in competitive bidding for a specific license, they will be able to build and operate facilities that will comply fully with the Commission's technical and legal requirements. For further details regarding due diligence, please refer to the Auction 78 Procedures Public Notice under Section I.C.4. Prohibition of Collusion. We remind applicants that Section 1.2105(c) of the Commission's rules prohibits applicants for licenses in any of the same or overlapping geographic areas from communicating with each other about bids, bidding strategies, or settlements, which may include communications regarding the post-auction market structure, unless they have identified each other on their short-form applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). The
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1681A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1681A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1681A1.txt
  • TV Translator digital companion channels (Auction 85) scheduled to commence on November 5, 2008, and sought comment on procedures for conducting Auction 85. The Auction 85 Comment Public Notice also announced a two-week settlement period beginning July 17, 2008 and ending at 6:00 PM Eastern Time (ET) on Thursday, July 31, 2008. The prohibition of collusion set forth in sections 1.2105(c) and 73.5002(d) of the Commission's rules has been temporarily lifted during this limited period to allow parties with proposals in the mutually exclusive (MX) groups identified in that Public Notice to dismiss their proposals, enter into settlement agreements or otherwise resolve their mutual exclusivities by means of engineering solutions. On July 25, 2008, the National Translator Association (NTA) submitted a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1752A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1752A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1752A1.txt
  • Information'' section of the page. Detailed instructions for reviewing and downloading round results are provided in the Integrated Spectrum Auction System (ISAS) Bidder's Guide. The bidder's guide is included with qualified bidders' registration materials and is available in electronic form through the ``HELP'' link in the FCC Auction System. MAINTAINING APPLICANT OBLIGATIONS Prohibition of Collusion We remind applicants that Section 1.2105(c) of the Commission's rules prohibits applicants for licenses in any of the same or overlapping geographic areas from communicating with each other about bids, bidding strategies, or settlements, which may include communications regarding post-auction market structure, unless they have identified each other on their short-form applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). The anti-collusion
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  • remain subject to the Commission's anti-collusion rule until the down payment deadline after the auction, which will be announced in a future public notice. This prohibition applies to all applicants listed on Attachment A of this Public Notice regardless of whether such applicants become qualified bidders or actually bid. Applicants are also reminded that, for purposes of this prohibition, Section 1.2105(c)(7)(i) defines ``applicant'' as including all officers and directors of the entity submitting a short-form application to participate in the auction, all controlling interests of that entity, as well as all holders of partnership and other ownership interests and any stock interest amounting to 10 percent or more of the entity, or outstanding stock, or outstanding voting stock of the entity
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  • of the license to the applicant. OTHER IMPORTANT INFORMATION Maintaining Prohibition of Collusion To ensure the competitiveness of the auction process, the Commission's rules prohibit competing applicants from communicating with each other about bids, bidding strategies, or settlements, unless such applicants have identified each other on their short-form applications as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction 78 this prohibition began at the short-form application filing deadline of June 19, 2008 at 6:00 p.m. ET and continues until the down payment deadline, which is 6:00 p.m. ET on September 9, 2008. The collusion prohibition applies to all applicants in Auction 78 (unless they have identified each other on their short-form applications as parties with whom
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  • Id. Rules and Policies on Foreign Participation in the U.S. Telecommunications Market, Market Entry and Regulation of Foreign-Affiliated Entities, Report and Order and Order on Reconsideration, 12 FCC Rcd 23,891 (1997) (``Foreign Participation Order''), Order on Reconsideration, 15 FCC Rcd 18,158 (2000). Foreign Participation Order, 12 FCC Rcd at 23,891, 23,935-42, 23,946, �� 97-118, 131 (1997). Id. 47 C.F.R. � 1.2105(a)(2)(v), (vi). 47 C.F.R.. � 1.2110(b)(3)(iv)(B). See 47 C.F.R. � 1.2107(g)(1)(i); see also CSEA Report and Order, 21 FCC Rcd at 911-12 �� 51-52. 47 C.F.R.. � 1.2110(b)(3)(iii), 1.2110(c)(2)(ii)(F). 47 C.F.R.. � 1.2110(b)(1)(i), (c)(2)(ii)(F). If this condition cannot be met because the relevant jurisdiction does not have a statute that specifies requirements for organization as a cooperative, the applicant must show
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  • themselves that, should they prevail in competitive bidding for a specific construction permit, they will be able to build and operate facilities that will comply fully with the Commission's technical and legal requirements. For further details regarding due diligence, please refer to the Auction 85 Procedures Public Notice under Section I.B.3. Prohibition of Collusion. The Bureaus remind applicants that Sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants from communicating with each other about bids, bidding strategies, or settlements, which may include communications regarding the post-auction market structure, unless they have identified each other on their short-form applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). The anti-collusion prohibition applies to applicants in this auction with
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  • this is not an appropriate mechanism for asking time-sensitive questions that may need an immediate response, such as questions about auction procedures or other issues. Those questions should be directed to the Auction Bidder Line or to the appropriate telephone number provided in Section VIII ``Contact Information'' below. MAINTAINING APPLICANT OBLIGATIONS Prohibition of Collusion The Bureaus remind applicants that Sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants from communicating with each other about bids, bidding strategies, or settlements, which may include communications regarding post-auction market structure, unless they have identified each other on their short-form applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). The anti-collusion rule applies to applicants in this auction with engineering
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2482A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2482A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2482A1.txt
  • a construction permit to the applicant. OTHER IMPORTANT INFORMATION Maintaining Prohibition of Collusion To ensure the competitiveness of the auction process, the Commission's rules prohibit competing applicants from communicating with each other about bids, bidding strategies, or settlements, unless such applicants have identified each other on their short-form applications as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction 85, this prohibition began at the short-form application filing deadline of June 30, 2006, at 6:00 p.m. ET and continues until the down payment deadline, which is 6:00 p.m. ET on December 1, 2008. The collusion prohibition applies to all applicants in Auction 85 (unless they have identified each other on their short-form applications as parties with whom
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  • settlement agreement with another applicant must nevertheless submit an affidavit as to whether or not consideration has been promised to or received by such applicant in connection with their dismissal or engineering amendment. Applicants are not permitted to propose technical changes that would be considered a major change. Anti-Collusion Rule. The prohibition of collusion set forth in 47 C.F.R. � 1.2105(c) became effective upon the short-form application (FCC Form 175) filing deadline on June 30, 2006. However, the Commission's rules provide for a limited opportunity to settle, or otherwise resolve mutual exclusivities by means of engineering solutions, following the filing of the short-form applications. Specifically, parties in MX groups listed in Attachment A may discuss possible settlement agreements or technical solutions
• 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
  • fully to deter the filing of frivolous pleadings. OTHER IMPORTANT INFORMATION Anti-Collusion Rules To ensure the competitiveness of the auction process, the Commission's rules prohibit competing applicants from communicating with each other about bids, bidding strategies, or settlements, unless such applicants have identified each other on their short-form applications as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). As explained more fully in the Auction 73 Qualified Bidders Public Notice, this prohibition began at the short-form application filing deadline and continues until the down payment deadline after Auction 73 or, if necessary, Auction 76. In this case, since Auction 76 will not be held, the anti-collusion rule period extends until 6:00 p.m. ET on April 3, 2008. The
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  • Id. Rules and Policies on Foreign Participation in the U.S. Telecommunications Market, Market Entry and Regulation of Foreign-Affiliated Entities, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891 (1997) (``Foreign Participation Order''), Order on Reconsideration, 15 FCC Rcd 18158 (2000). Foreign Participation Order, 12 FCC Rcd at 23891, 23935-42, 23946, �� 97-118, 131 (1997). Id. 47 C.F.R. � 1.2105(a)(2)(v), (vi). Id. � 1.2110(b)(3)(iv)(B). See id. � 1.2107(g)(1)(i); see also CSEA Report and Order, 21 FCC Rcd at 911-12 �� 51-52. If this condition cannot be met because the relevant jurisdiction does not have a statute that specifies requirements for organization as a cooperative, the applicant must show it is validly organized and its articles of incorporation, by-laws and/or other
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-612A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-612A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-612A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit L L L L L L L DA 08-612 Released: March 20, 2008 January 14, 2008 UNREDACTED L. Elizabeth Bowles President Aristotle Inc. 401 West Capitol, Suite 700 Little Rock, AR 72201 Re: Aristotle Inc. - Request for Waiver of Section 1.2105(a) of the Commission's Rules Redacted Version Released January 23, 2008, as DA 08-96 Dear Ms. Bowles: This letter responds to the request for waiver, submitted January 3, 2008 on behalf of Aristotle Inc. (``Aristotle'') along with a request for confidential treatment. Aristotle requests a waiver of the deadline for filing a short-form application (FCC Form 175) to participate in Auction
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-614A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-614A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-614A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit ( ( ( ( ( ( ( DA 08-614 Released: March 20, 2008 January 14, 2008 UNREDACTED William A. Gaylord Chief Operating Officer COLI, Inc. 7280 Rapid City Road Rapid City, MI 49676 Re: COLI, Inc. - Request for Waiver of Section 1.2105(a) of the Commission's Rules Redacted Version Released January 23, 2008, as DA 08-97 Dear Mr. Gaylord: This letter responds to the request for waiver, submitted January 7, 2008 on behalf of COLI, Inc. (``COLI'') along with a request for confidential treatment. COLI requests a waiver of the deadline for filing a short-form application (FCC Form 175) to participate in Auction
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit " " " " " " " DA 08-616 Released: March 20, 2008 January 14, 2008 UNREDACTED Carl W. Northrop Lisa Roberts Paul, Hastings, Janofsky & Walker, LLP 875 15th Street, N.W. Washington, D.C. 20005 Re: MetroPCS 700 MHz, LLC - Request for Waiver of Section 1.2105(a) of the Commission's Rules; Redacted Version Released January 23, 2008, as DA 08-98 Dear Mr. Northrop and Ms. Roberts: This letter responds to the Petition for Waiver, submitted January 4, 2008 on behalf of MetroPCS 700 MHz, LLC (``MetroPCS'') along with a Request for Confidential Treatment. MetroPCS requests a waiver of the deadline for filing a short-form application (FCC Form
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 08-618 Released: March 20, 2008 January 14, 2008 UNREDACTED Carl W. Northrop Lisa Roberts Paul, Hastings, Janofsky & Walker, LLP 875 15th Street, N.W. Washington, D.C. 20005 Re: Triad 700, LLC - Request for Waiver of Section 1.2105(a) of the Commission's Rules; Redacted Version Released January 23, 2008, as DA 08-99 Dear Mr. Northrop and Ms. Roberts: This letter responds to the Petition for Waiver, submitted January 4, 2008 on behalf of Triad 700, LLC (``Triad'') along with a Request for Confidential Treatment. Triad requests a waiver of the deadline for filing a short-form application (FCC Form 175)
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  • on behalf of Frontline Wireless, Inc. (``Frontline'') along with a letter requesting confidential treatment. Frontline's Request for Waiver will be accorded confidential treatment in accordance with our rules and procedures. Accordingly, this letter will not be publicly disclosed in full by the Commission until the Commission discloses all non-public information relating to Auction 73. Frontline requests a waiver of section 1.2105(b)(2) of the Commission's auction rules in order to allow Licenseco, LLC (``Licenseco''), a controlled subsidiary of Frontline, to select additional licenses in its short-form application to participate in Auction 73 so that it can participate in that auction and, most importantly, participate in what it regards as the likely re-auction of the D Block in Auction 76. For the reasons
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  • (``Part 1 Order''). In Auction 66, the decision to implement limited information procedures depended upon an estimate of competition through a modified eligibility ratio. See Auction 66 Procedures Public Notice, 21 FCC Rcd at 4600-06 �� 140-159. The Commission's decision, however, was limited to AWS-1 licenses offered in Auction 66. See id. at 4602 � 144. See 47 C.F.R. � 1.2105(c). See ``Auction of 700 MHz Band Licenses Scheduled for January 24, 2008; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedures for Auction 73 and 76,'' AU Docket No. 07-157, Public Notice, DA 07-4171, 22 FCC Rcd 18,141, 18,179-81 �� 138-144 (2007) (``Auction 73 Procedures Public Notice''). 47 C.F.R. � 1.2104(e). Proactive waivers are described in Section
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  • 1 10:00 a.m. - 11:00 a.m. ET Round 2 12:00 p.m. - 1:00 p.m. ET Round 3 2:30 p.m. - 3:00 p.m. ET Round 4 3:30 p.m. - 4:00 p.m. ET Round 5 4:15 p.m. - 4:30 p.m. ET Round 6 4:45 p.m. - 5:00 p.m. ET Prohibition of Collusion and Maintenance of Anonymous Bidding. Applicants are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for licenses in any of the same or overlapping geographic areas from communicating with each other about bids, bidding strategies, or settlements, which may include communications regarding post-auction market structure, unless they have identified each other on their short-form applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). The anti-collusion
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  • of the Code of Federal Regulations. Prospective applicants must also be thoroughly familiar with the procedures, terms and conditions (collectively, ``terms'') contained in this Public Notice and the Commission's decisions in proceedings regarding competitive bidding procedures, application requirements, and obligations of Commission licensees. . Prohibition of Collusion; Compliance with Antitrust Laws To ensure the competitiveness of the auction process, Section 1.2105(c) of the Commission's rules prohibits auction applicants for licenses in any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements unless such applicants have identified each other on their short-form applications (FCC Forms 175) as parties with whom they have entered into agreements pursuant to Section 1.2105(a)(2)(viii). Entities Subject to Anti-Collusion Rule
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 08-96 Released: January 23, 2008 January 14, 2008 [REDACTED] Re: [REDACTED] Request for Waiver of Section 1.2105(a) of the Commission's Rules Dear [REDACTED] : This letter responds to the request for waiver, submitted January 3, 2008 on behalf of [REDACTED] along with a request for confidential treatment. [REDACTED] requests a waiver of [REDACTED] seeks confidential treatment for its Waiver Request because the Waiver Request discusses [REDACTED] bidding information, the disclosure of which would violate the Commission's procedures
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 08-97 Released: January 23, 2008 January 14, 2008 [REDACTED] Re: [REDACTED] Request for Waiver of Section 1.2105(a) of the Commission's Rules Dear [REDACTED]: This letter responds to the request for waiver, submitted January 7, 2008 on behalf of [REDACTED] along with a request for confidential treatment. [REDACTED] requests a waiver of [REDACTED] seeks confidential treatment for its Waiver Request because the Waiver Request discusses [REDACTED] bidding information, the disclosure of which would violate the Commission's procedures for
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 08-98 Released: January 23, 2008 January 14, 2008 [REDACTED] Re: [REDACTED] Request for Waiver of Section 1.2105(a) of the Commission's Rules Dear [REDACTED]: This letter responds to the Petition for Waiver, submitted January 4, 2008 on behalf of [REDACTED] along with a Request for Confidential Treatment. [REDACTED] requests a waiver of [REDACTED] seeks confidential treatment for its Petition because the Petition discusses [REDACTED] bidding information, the disclosure of which would violate the Commission's procedures for anonymous bidding
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 08-99 Released: January 23, 2008 January 14, 2008 [REDACTED] Re: [REDACTED] Request for Waiver of Section 1.2105(a) of the Commission's Rules Dear [REDACTED]: This letter responds to the Petition for Waiver, submitted January 4, 2008 on behalf of [REDACTED] along with a Request for Confidential Treatment. [REDACTED] requests a waiver of [REDACTED] seeks confidential treatment for its Petition because the Petition discusses [REDACTED] bidding information, the disclosure of which would violate the Commission's procedures for anonymous bidding
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  • employ competitive bidding procedures to resolve mutually exclusive applications for certain initial licenses. Need: These rules are needed to implement the Commission's competitive bidding authority under Section 309(j) of the Communications Act of 1934, as amended. Legal Basis: 47 U.S.C. 154, 303, and 309(j). Section Number and Title: 1.2102 Eligibility of applications for competitive bidding. 1.2103 Competitive bidding design options. 1.2105 Bidding application and certification procedures; prohibition of collusion. 1.2107 Submission of down payment and filing of long-form applications. 1.2111 Assignment or transfer of control; unjust enrichment. PART 2-FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS SUBPART I-MARKETING OF RADIOFREQUENCY DEVICES Brief Description: The rules in part 2, subpart I, define radiofrequency devices and specify the requirements for marketing
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  • at the FCC Reference Information Center, 445 12th Street, SW, Room CY-A257, Washington, DC 20554. Documents may also be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc. (``BCPI''), 445 12th Street, SW, Room CY-B402, Washington, DC 20554, 800-378-3160 or at http://www.bcpiweb.com. Prohibition of Collusion; Compliance with Antitrust Laws To ensure the competitiveness of the auction process, Section 1.2105(c) of the Commission's rules prohibits auction applicants for licenses in any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements unless such applicants have identified each other on their short-form applications (FCC Form 175) as parties with whom they have entered into agreements pursuant to Section 1.2105(a)(2)(viii). Entities Subject to Section 1.2105
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  • 15,293 (2000) (modified by Erratum, DA 00-2475, 15 FCC Rcd 24,501) ("Part 1 Fifth Report and Order"); 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 17,546 (2001) ("Part 1 Seventh Report and Order") (amending the anti-collusion rule, which is codified at 47 C.F.R. � 1.2105(c)). 17Specifically, SALrequests a change to the rule, or in the alternative, that the Commission adopt the procedures for the auction and thus amend the rule to allowAuction 86 licensees a full ten years from license grant to demonstrate substantial service. SAL Comments at 2-3. The Ad Hoc Applicants assert that they had assumed that any new licenses issued pursuant to
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  • themselves that, should they prevail in competitive bidding for a specific construction permit, they will be able to build and operate facilities that will comply fully with the Commission's technical and legal requirements. For further details regarding due diligence, please refer to the Auction 79 Procedures Public Notice under Section I.B.3. Prohibition of Collusion. 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 the post-auction market structure, unless they have identified each other on their short-form applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). The collusion
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  • possible." With respect to short-form applications or any other auction-related matters, applicants must amend their short-form applications no later than ten business days from the occurrence of a reportable change. The Bureaus believe that this requirement is reasonable in the context of an auction where time periods are much shorter than most other Commission proceedings. See also 47 C.F.R. � 1.2105 (c)(6) (any applicant that makes or receives a prohibited communication must report such communication in writing to the Commission no later than five business days after the communication occurs). 5The newentrant bidding creditis not available to an applicant if it, and/or any individual or entity with an attributable interest in the applicant, has an attributable interest in more than three
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  • to Section 0.331 of the Commission's rules. Sincerely, Gary D. Michaels, Deputy Chief Auctions and Spectrum Access Division Wireless Telecommunications Bureau cc: Mr. Jeffrey L. Timmons Esq. 47 C.F.R. � 1.2106(a). See Payment Methods and Procedures For Fiscal Year 2008 Regulatory Fees, Public Notice, 23 FCC Rcd 12849, DA 08-1973 (2008); see also 47 C.F.R. � 1.1164(a). 47 C.F.R. � 1.2105(a)(2)(xi); see Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293, 15317 � 42 & n.142 (2000)(``Part 1 Fifth Report and Order''); see also ``Auction of FM Broadcast Construction Permits Scheduled for September
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  • and cured all of the outstanding non-tax delinquencies as of the short-form application filing deadline.3 Upfront payments help deter frivolous or insincere bidding, and provide the Commission 147 C.F.R. � 1.2106(a). 2See Payment Methods and Procedures For Fiscal Year 2008 Regulatory Fees, Public Notice, 23 FCC Rcd 12849, DA 08-1973 (2008); see also 47 C.F.R. � 1.1164(a). 347 C.F.R. � 1.2105(a)(2)(xi); see Amendment of Part 1 of the Commission's Rules �Competitive Bidding Procedures, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293, 15317 � 42 & n.142 (2000)("Part 1FifthReport and Order"); see also "AuctionofFM Broadcast Construction Permits Scheduled for September 1, 2009; Notice and Filing
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  • but this is not an appropriate mechanism for asking time-sensitive questions that may need an immediate response, such as questions about auction procedures or other issues. Those questions should be directed to the Auction Bidder Line or to the appropriate telephone number provided in Section VII ``Contact Information'' below. MAINTAINING APPLICANT OBLIGATIONS Prohibited Communications 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 they have identified each other on their short-form applications as parties with which they have entered into agreements under Section 1.2105(a)(2)(viii). The ``geographic license
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  • to responsible party. In addition, changes can be made to ownership and agreement information. We remind applicants that any application changes must comply with the Commission's rules, which prohibit, among other things, changes in ownership that would constitute an assignment or transfer of control, as well as changes in ownership or disclosure of agreements that would constitute violations of section 1.2105(c). If any application is changed to effect a major amendment, such as a change in control, the applicant will be ineligible to bid in the auction. OTHER IMPORTANT auction 86 INFORMATION Qualified Bidders. Approximately three weeks after the upfront payment deadline, following Commission review of resubmitted short-form applications, and the correlation of payments and applications, a public notice listing all
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  • possible." With respect to short-form applications or any other auction-related matters, applicants must amend their short-form applications no later than ten business days from the occurrence of a reportable change. The Bureau believes that this requirement is reasonable in the context of an auction where time periods are much shorter than most other Commission proceedings. See also 47 C.F.R. � 1.2105(c)(6) (any applicant that makes or receives a prohibited communication must report such communication in writing to the Commission no later than five business days after the communication occurs). 5See 47 C.F.R. �� 1.2105(b), 1.2106. 6See 47 C.F.R. � 1.65. See also47 C.F.R. � 1.2105. 7SeeLetter from Margaret W. Wiener, Chief, Auctions and Industry Analysis Div., to Patrick Shannon, Esq., Counsel
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  • will grant the construction permit. OTHER IMPORTANT INFORMATION Maintaining Prohibition on Certain Communications To ensure the competitiveness of the auction process, the Commission's rules prohibit competing applicants from communicating with each other about bids, bidding strategies, or settlements, unless such applicants have identified each other on their short-form applications as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). As explained more fully in the Auction 79 Qualified Bidders Public Notice, this prohibition began at the short-form application filing deadline of June 25, 2009, at 6:00 p.m. ET and continues until the down payment deadline, which is 6:00 p.m. ET on October 2, 2009. The prohibition on certain communications applies to all applicants in Auction 79 (unless they have
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  • grant the construction permit.48 IV. OTHER IMPORTANT INFORMATION A. Maintaining Prohibition onCertain Communications 37.To ensure the competitiveness of the auction process, the Commission's rules prohibit competing applicants from communicating with each other about bids, bidding strategies, or settlements, unless such applicants have identified each other on their short-form applications as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii).49As explained more fully in the Auction 79 Qualified Bidders Public Notice,this prohibition began at the short-form application filing deadline of June 25, 2009, at 6:00 p.m. ET and continues until the down payment deadline, which is 6:00 p.m. ET on October 2, 2009.50 38.The prohibition on certain communications applies to all applicants in Auction 79 (unless they have identifiedeach other
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  • APPARENT LIABILITY FOR FORFEITURE Adopted: February 10, 2009 Released: February 10, 2009 By the Chief, Enforcement Bureau: Introduction By this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Cascade Access, L.L.C. (``Cascade''), an applicant to participate in the Commission's Auction 73, apparently engaged in a prohibited communication and failed to notify the Commission, in apparent violation of Sections 1.2105(c)(1) and (c)(6) of the Commission's rules. For the reasons stated below, we conclude that Cascade apparently is liable for a monetary forfeiture in the amount of $75,000. Background Cascade and Cellco Partnership d/b/a Verizon Wireless (``Verizon Wireless'') each timely submitted short-form applications to participate in Auction 73. Cascade selected one license on which to bid, CMA547-B (Nevada 5-White Pine), while
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  • section of the page. Detailed instructions for reviewing and downloading round results are provided in the Integrated Spectrum Auction System (ISAS) Bidder's Guide. The bidder's guide is included with qualified bidders' registration materials and is available in electronic form through the ``HELP'' link in the FCC Auction System. MAINTAINING APPLICANT OBLIGATIONS Prohibition of Certain Communications We remind applicants that section 1.2105(c) of the Commission's rules prohibits applicants for licenses in any of the same or overlapping geographic areas from communicating with each other about bids, bidding strategies, or settlements, which may include communications regarding post-auction market structure, unless they have identified each other on their short-form applications as parties with which they have entered into agreements under section 1.2105(a)(2)(viii). In Auction
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  • addition to bidding electronically over the Internet, qualified bidders will also have the option of bidding by telephone via the Auction Bidder Line. The Auction Bidder Line telephone number 3Auction 86 Procedures Public Notice;see also"Auction of Broadband Radio Service Licenses; Status of Short- FormApplications to Participate in Auction 86," Public Notice, DA 09-2025 (rel. Sept. 11, 2009). 4See47 C.F.R. � 1.2105(c); see also Auction 86 Procedures Public Notice, 24 FCC Rcd at 8283 � 13. 12375 will be supplied in the registration materials sent to all qualified bidders. Bidders choosing to bid electronically may use the Auction Bidder Line as an alternate method of bidding. When submittingbids by telephone, bidders should allow sufficient time to bid by placing their calls well
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  • filing window (``Supplemental 84 MX Applications''). Accordingly, these four applications are subject to the Commission's competitive bidding procedures. By this Public Notice, the Bureaus announce a settlement period for the Supplemental 84 MX Applications. The deadline for filing settlement agreements and technical showings is December 9, 2009. Anti-Collusion Rule. The prohibition against certain communications among applicants set forth in Section 1.2105(c) of the Commission's Rules (the ``Rules'') becomes effective upon the filing of FCC Form 175, Application to Participate in an FCC Auction, and applies to all broadcast service auctions. However, in certain circumstances, the Commission will allow a limited opportunity to settle, or otherwise resolve mutual exclusivities by means of engineering solutions, following filing of the FCC Form 175 applications.
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  • the license to the applicant. OTHER IMPORTANT INFORMATION Maintaining Prohibition on Certain Communications To ensure the competitiveness of the auction process, the Commission's rules prohibit competing applicants from communicating with each other about bids, bidding strategies, or settlements, unless such applicants have identified each other on their short-form applications as parties with whom they have entered into agreements under section 1.2105(a)(2)(viii). For Auction 86 this prohibition began at the short-form application filing deadline of August 18, 2009 at 6:00 p.m. ET and continues until the down payment deadline, which is 6:00 p.m. ET on November 23, 2009. The prohibition on certain communications applies to all applicants in Auction 86 (unless they have identified each other on their short-form applications as parties
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  • to the applicant.35 IV. OTHER IMPORTANT INFORMATION A. Maintaining Prohibition on Certain Communications 37. To ensure the competitiveness of the auction process, the Commission's rules prohibit competing applicants from communicating with each other about bids, bidding strategies, or settlements, unless suchapplicants have identified each other on their short-form applications as parties with whom they have entered into agreements under section 1.2105(a)(2)(viii).36For Auction 86this prohibition began at the short-form application filing deadline of August18, 2009 at 6:00 p.m. ET and continues until the down payment deadline, which is 6:00 p.m. ET on November 23, 2009.37 3047 C.F.R. � 1.65. 3147 C.F.R. � 1.2108(b). 3247 C.F.R. � 1.2108(c). 33Id. 34See"Commission Taking Tough Measures Against Frivolous Pleadings," Public Notice, FCC 96-42, 11 FCC Rcd
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  • Id. Rules and Policies on Foreign Participation in the U.S. Telecommunications Market, Market Entry and Regulation of Foreign-Affiliated Entities, Report and Order and Order on Reconsideration, 12 FCC Rcd 23,891 (1997) (``Foreign Participation Order''), Order on Reconsideration, 15 FCC Rcd 18,158 (2000). Foreign Participation Order, 12 FCC Rcd at 23,891, 23,935-42, 23,946, �� 97-118, 131 (1997). Id. 47 C.F.R. � 1.2105(a)(2)(v), (vi). 47 C.F.R. � 1.2110(b)(3)(iv)(B). See 47 C.F.R. � 1.2107(g)(1)(i); see also CSEA Report and Order, 21 FCC Rcd at 911-12 �� 51-52. 47 C.F.R. � 1.2110(b)(3)(iii), 1.2110(c)(2)(ii)(F). 47 C.F.R. � 1.2110(b)(1)(i), (c)(2)(ii)(F). If this condition cannot be met because the relevant jurisdiction does not have a statute that specifies requirements for organization as a cooperative, the applicant must show
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  • be granted. 9Rules and Policies on Foreign Participation in the U.S. Telecommunications Market, Market Entry and Regulation of Foreign-Affiliated Entities, Report and Order and Order on Reconsideration, 12 FCC Rcd 23,891 (1997) ("Foreign Participation Order"), Order on Reconsideration, 15 FCC Rcd 18,158 (2000). 10Foreign Participation Order, 12 FCC Rcd at 23,891, 23,935-42, 23,946, �� 97-118, 131 (1997). 11Id. 1247 C.F.R.� 1.2105(a)(2)(v), (vi). 13596 Petitions for a declaratory ruling to exceed the Section 310(b)(4) twenty-five-percent statutory benchmark should be addressed to the Secretary, with a copy to the Policy Division of the International Bureau, and must be filed in paper form. There is no fee associated with such a filing. For additional guidance on how the Commission analyzes foreign ownership issues, see"Foreign
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  • would not be disclosed until after the close of the auction. Bidders would have access to additional information about their own bids. For example, bidders would be able to view their own level of eligibility, before and during the auction, through the Commission's Integrated Spectrum Auction System (``ISAS'' or ``FCC Auction System''). Moreover, for the purpose of complying with section 1.2105(c), the Commission's rule prohibiting certain communications between applicants (sometimes referred to as the ``anti-collusion rule''), applicants would be made aware of other applicants with which they will not be permitted to cooperate, collaborate, or communicate, including discussing bids or bidding strategies. Specifically, the Bureau would notify separately each applicant in Auction 87 whether applicants with short-form applications to participate in
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  • would not be disclosed until after the close of the auction. 11.Bidders would have access to additional information about their own bids. For example, bidders would be able to view their own level of eligibility, before and during the auction, through the Commission's Integrated Spectrum Auction System ("ISAS" or "FCC Auction System"). 12.Moreover, for the purpose of complying with section 1.2105(c), the Commission's rule prohibiting certain communications between applicants (sometimes referred to as the "anti-collusion rule"), applicants would be made aware of other applicants with which they will not be permitted to cooperate, collaborate, or communicate, including discussing bids or bidding strategies.10 Specifically, the Bureau would notify separately each applicant in Auction 87 whether applicants with short-form applications to participate in
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  • and/or Waiver Request (the ``Petition'') filed February 27, 2007, by Christian Broadcasting, Inc. (``CBI''), seeking reconsideration of the dismissal of its application and three related tech box submissions for new AM broadcast stations in Anchorage, Alaska (the ``Applications''). For the reasons set out below, we grant the Petition, waive the prohibition on major amendments to short-form applications found in Section 1.2105(b)(2) of the Commission's rules (the ``Rules''), permit CBI to amend the Applications, and accept the Section 307(b) showings that CBI tendered with its Petition. Background. When it filed its electronic Form 175, ``Application to Participate in an FCC Auction,'' on January 30, 2004, CBI checked a box (Item 9) indicating that it had Noncommercial Educational (``NCE'') applicant status. An entity
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-810A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-810A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-810A2.txt
  • the FCC Reference Information Center, 445 12th Street, SW, Room CY-A257, Washington, DC 20554. Documents may also be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc. (``BCPI''), 445 12th Street, SW, Room CY-B402, Washington, DC 20554, 800-378-3160 or at http://www.bcpiweb.com. Prohibition of Collusion and Compliance with Antitrust Laws To ensure the competitiveness of the auction process, Section 1.2105(c) of the Commission's rules prohibits auction applicants for construction permits in any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements unless such applicants have identified each other on their short-form applications (FCC Form 175) as parties with whom they have entered into agreements pursuant to Section 1.2105(a)(2)(viii). Thus, unless they have
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-810A2_Rcd.pdf
  • ("Competitive Bidding Second Report &Order"). 10Broadcast First Report and Order, 13 FCC Rcd at 15923-25 �� 7-12. 11Any applicant that submits a short-form application that is accepted for filing but fails to timely submit an upfront payment will retain its status as an applicant in Auction 79 and will remain subject to the Commission's anti- collusion rules, 47 C.F.R. �� 1.2105(c) and 73.5002(d), but, having purchased no bidding eligibility, will not be eligible to bid. See Broadcast First Report and Order, 13 FCC Rcd at 15980 � 153. 12See, e.g., Amendment of Part 1 of the Commission's Rules �Competitive Bidding Procedures, WT Docket No. 97-82, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-823A3.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-823A3.txt
  • partnerisDefendantECU.700Band'sbusinessaddressis319AndrewsStreet,LosGatos, California95030.700Bandwasformedforthepurposeofservingasthegeneralpartnerand managingthebusinessofDefendantClub42. 18. EffectiveCommunicationsUnlimited,LLC.DefendantECUisaNevadalimited liabilitycompanywhosesolememberandownerisDefendantKumra.Itsbusinessaddressis 319AndrewsStreet,LosGatos,California95030. III. JURISDICTIONANDVENUE 19. ThisCourthasjurisdictionoverthesubjectmatterofthisactionpursuanttoboth 28U.S.C.�1331and31U.S.C.�3732,thelatterofwhichspecificallyconfersjurisdictionon thisCourtforactionsbroughtpursuantto31U.S.C.��3729and3730. 20. ThisCourthaspersonaljurisdictionovertheDefendantspursuantto31U.S.C.� 3732(a),whichauthorizesnationwideserviceofprocess,andbecausetheDefendantshave minimumcontactswiththeUnitedStates.Moreover,alloftheDefendantstransactorhave transactedbusinessinthisDistrict.TheFCC'sheadquarters,aswellastheFCC'sWireless 8 TelecommunicationsBureau,whichhasdelegatedauthorityoverwirelesslicensingmattersand spectrumauctions,arelocatedat44512thStreetSW,intheDistrictofColumbia.The DefendantshaveusedtheFCCanditsfilingprocessesasaninstrumentalityofthefraud committedagainstthefederalGovernment.Havingcommittedthefraudulentactsasallegedin thiscomplaintwithintheDistrictofColumbia,theDefendantsaresubjecttothejurisdictionof thisCourt. 21. VenueisproperinthisDistrictpursuantto31U.S.C.�3732(a)becauseatleast oneDefendantcanbefoundin,transactsorhastransactedbusinessinthisDistrict. IV. BACKGROUNDANDAPPLICABLELAW A. TheFCC'sAuctionRules 22. In1993,CongressamendedtheCommunicationsActof1934,47U.S.C.�151et seq.(the"CommunicationsAct")toauthorizetheFCCtoselectamongmutuallyexclusive applicationsforwirelessspectrumlicensesusingcompetitivebidding(auctions).Section309(j) oftheCommunicationsActgrantstheFCCexpressauthoritytoemploycompetitivebidding procedurestochoosefromamongtwoormoremutuallyexclusiveapplicationsforinitial wirelessspectrumlicenses,andprohibitsawardinglicensesbyrandomselection(lottery)if mutuallyexclusiveapplicationswereacceptedafterJuly26,1993.47U.S.C.�309(j),addedby BudgetAct,Pub.L.No.103-66,�6002(e),107Stat.312,397(1993). 23. TheCommunicationsActalsodirectstheFCCtoconductauctionsinamanner thatprovidesincentivestopromoteeconomicopportunityandtofosterparticipationbyabroad cross-sectionoftheAmericanpublic.Congressmeantto"ensur[e]thatnewandinnovative technologiesarereadilyaccessibletotheAmericanpeoplebyavoidingexcessiveconcentration oflicensesandbydisseminatinglicensesamongawidevarietyofapplicants,includingsmall 9 businesses,ruraltelephonecompanies,andbusinessesownedbymembersofminoritygroups andwomen...."47U.S.C.�309(j)(3)(B). 24. Title47,Part1oftheCodeofFederalRegulationscontainsprovisions implementingtheFCC'sauctionauthority.Toensuretheintegrityofitsauctions,theFCChas adoptedrulesprohibitingcollusiveactivitybyapplicants.Specifically,eachapplicantto participateinaspectrumauctionmustfullydisclosetotheFCCtherealpartyorpartiesin interesttoitsapplication.47C.F.R.�1.2112(a)(1).A"realpartyininterest"isapersonor entitywhohasaninterestorrelationshipthatallowsthatpersonorentitytobeinaposition actuallyorpotentiallytocontroltheoperationofalicense.Inaddition,anapplicantmust discloseallpersonswithwhomithasenteredintoagreementsorarrangementsconcerning biddingintheauctionandmustcertifythatithasnoundisclosedagreementsorarrangements. Id.,�1.2105(a)(2)(viii).Thesedisclosuresandcertificationsarecontainedinaninitial applicationtoparticipateinaspectrumauction,referredtoasthe"Short-FormApplication."Id., �1.2105(a)(2).TheShort-FormApplicationmustbesignedbyanauthorizedrepresentativeof theapplicant,underpenaltyofperjury,asaccurateandcomplete.AfteraShort-Form Applicationhasbeenfiled,theapplicantisprohibitedfromcollaboratingordiscussingits biddingstrategieswithanyotherapplicant.Id.,�1.2105(c). 25. TheFCCalsohasadoptedrulesintendedtoencourageparticipationinspectrum auctionsbywomen,minorities,andsmallbusinesses,bygrantingentitiesthatqualifyasa"small business"or"verysmallbusiness"discountsofaspecifiedpercentageofthecompetitively- determinedactualvalue,i.e.,the"gross"bid,ofalicenseavailableforauction.TheFCCusesa "revenuetest"todeterminewhetheranentityclaimingentitlementtoadiscountiseligible. 10 26. ForAuction66andAuction73,FCCrulesprovidedthataqualifying"small business"wouldreceivea15percentdiscountoffofitsgrosswinningbids,andthatanentity wouldbedeemedtobea"smallbusiness"iftheapplicant,togetherwithitsaffiliates,its controllinginterestholdersandtheiraffiliates,hadaggregateaverageannualgrossrevenuesof notmorethan$40millionfortheprecedingthreeyears.Id.,�1.2110(f)(2)(iii). 27. ForAuction66andAuction73,FCCrulesfurtherprovidedthataqualifying "verysmallbusiness"wouldreceivea25percentdiscountoffofitsgrosswinningbids,andthat anentitywouldbedeemedtobea"verysmallbusiness"iftheapplicant,togetherwithits affiliates,itscontrollinginterestholdersandtheiraffiliates,hadaggregateaverageannualgross revenuesofnotmorethan$15millionfortheprecedingthreeyears.Id.,�1.2110(f)(2)(ii). 28. Anapplicantclaiming"smallbusiness"or"verysmallbusiness"statusmust certifythatitisqualifiedtoobtainacreditandmustdiscloseallofitsaffiliates,controlling interests,andrealpartiesininterest,andtheirgrossrevenues.Id.,�1.2110(b)(1)(i),(iv).The FCCdefinesan"affiliate"asanyindividualorentitythat(i)directlyorindirectlycontrolsorhas thepowertocontroltheapplicant,(ii)isdirectlyorindirectlycontrolledbytheapplicant,(iii)is directlyorindirectlycontrolledbyathirdpartythatalsocontrolsorhasthepowertocontrolthe applicant,or(iv)hasanidentityofinterestwiththeapplicant.Id.,�1.2110(c)(5). 29. FCCrulesrequireanauctionapplicanttoattachtoitsShort-FormApplicationa statement,madeunderpenaltyofperjury,indicatingwhetherornottheapplicant,itsaffiliates, itscontrollinginterests,ortheaffiliatesofitscontrollinginterests,haveeverbeenindefaulton anyCommissionlicenseorhaveeverbeendelinquentonanynon-taxdebtowedtoanyFederal agency.47C.F.R.�1.2105(a)(2)(xi).Anapplicant,includingitsattributableinterestholders, thathascuredadefaultonaCommissionlicenseandhascuredalloutstandingnon-tax 11 delinquenciesowedtoaFederalagency,includingtheFCC,priortothedeadlineforfilinga Short-FormApplicationtoparticipateinaspecificauctionmaybeeligibletobidinthatauction asa"formerdefaulter,"providedtheapplicantisotherwisequalified.Toparticipateinan auctionasaformerdefaulter,applicantsarerequiredtopayupfrontpaymentsthatare50percent morethanthenormalupfrontpaymentamountestablishedforeachparticularlicense.47C.F.R. �1.2106(a). 30. Afteranauctionends,anapplicantthatwasthehighbidderononeormore licensesmustcompleteandfilewiththeFCCaForm601,referredtoasaLong-Form Application,andaForm602,OwnershipDisclosure.TheShort-FormApplication,Long-Form Application,andForm602mustbesignedbyanauthorizedrepresentativeoftheapplicantas accurateandcomplete,underpenaltyofperjury.Iftheapplicantisseekingbiddingcreditsasa "verysmallbusiness,"theShort-FormandLong-FormApplicationsalsomustinclude certificationsthattheapplicantisqualifiedtoobtainsuchacredit,thatallrealpartiesininterest havebeendisclosed,andthatannualgrossrevenuesoftheapplicant,itsaffiliates,itscontrolling interestsandtheiraffiliates,havebeendisclosed. 31. Toensurethatapplicantsclaimingbiddingcreditsarebonafide,federallaw requiresthatthegrossrevenuesofdefacto,aswellasdejure,affiliatesandcontrollinginterests beattributedtotheapplicant.Dejurecontroltypicallyisevidencedbyownershipofmorethan
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-824A3.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-824A3.txt
  • partnerisDefendantECU.700Band'sbusinessaddressis319AndrewsStreet,LosGatos, California95030.700Bandwasformedforthepurposeofservingasthegeneralpartnerand managingthebusinessofDefendantClub42. 18. EffectiveCommunicationsUnlimited,LLC.DefendantECUisaNevadalimited liabilitycompanywhosesolememberandownerisDefendantKumra.Itsbusinessaddressis 319AndrewsStreet,LosGatos,California95030. III. JURISDICTIONANDVENUE 19. ThisCourthasjurisdictionoverthesubjectmatterofthisactionpursuanttoboth 28U.S.C.�1331and31U.S.C.�3732,thelatterofwhichspecificallyconfersjurisdictionon thisCourtforactionsbroughtpursuantto31U.S.C.��3729and3730. 20. ThisCourthaspersonaljurisdictionovertheDefendantspursuantto31U.S.C.� 3732(a),whichauthorizesnationwideserviceofprocess,andbecausetheDefendantshave minimumcontactswiththeUnitedStates.Moreover,alloftheDefendantstransactorhave transactedbusinessinthisDistrict.TheFCC'sheadquarters,aswellastheFCC'sWireless 8 TelecommunicationsBureau,whichhasdelegatedauthorityoverwirelesslicensingmattersand spectrumauctions,arelocatedat44512thStreetSW,intheDistrictofColumbia.The DefendantshaveusedtheFCCanditsfilingprocessesasaninstrumentalityofthefraud committedagainstthefederalGovernment.Havingcommittedthefraudulentactsasallegedin thiscomplaintwithintheDistrictofColumbia,theDefendantsaresubjecttothejurisdictionof thisCourt. 21. VenueisproperinthisDistrictpursuantto31U.S.C.�3732(a)becauseatleast oneDefendantcanbefoundin,transactsorhastransactedbusinessinthisDistrict. IV. BACKGROUNDANDAPPLICABLELAW A. TheFCC'sAuctionRules 22. In1993,CongressamendedtheCommunicationsActof1934,47U.S.C.�151et seq.(the"CommunicationsAct")toauthorizetheFCCtoselectamongmutuallyexclusive applicationsforwirelessspectrumlicensesusingcompetitivebidding(auctions).Section309(j) oftheCommunicationsActgrantstheFCCexpressauthoritytoemploycompetitivebidding procedurestochoosefromamongtwoormoremutuallyexclusiveapplicationsforinitial wirelessspectrumlicenses,andprohibitsawardinglicensesbyrandomselection(lottery)if mutuallyexclusiveapplicationswereacceptedafterJuly26,1993.47U.S.C.�309(j),addedby BudgetAct,Pub.L.No.103-66,�6002(e),107Stat.312,397(1993). 23. TheCommunicationsActalsodirectstheFCCtoconductauctionsinamanner thatprovidesincentivestopromoteeconomicopportunityandtofosterparticipationbyabroad cross-sectionoftheAmericanpublic.Congressmeantto"ensur[e]thatnewandinnovative technologiesarereadilyaccessibletotheAmericanpeoplebyavoidingexcessiveconcentration oflicensesandbydisseminatinglicensesamongawidevarietyofapplicants,includingsmall 9 businesses,ruraltelephonecompanies,andbusinessesownedbymembersofminoritygroups andwomen...."47U.S.C.�309(j)(3)(B). 24. Title47,Part1oftheCodeofFederalRegulationscontainsprovisions implementingtheFCC'sauctionauthority.Toensuretheintegrityofitsauctions,theFCChas adoptedrulesprohibitingcollusiveactivitybyapplicants.Specifically,eachapplicantto participateinaspectrumauctionmustfullydisclosetotheFCCtherealpartyorpartiesin interesttoitsapplication.47C.F.R.�1.2112(a)(1).A"realpartyininterest"isapersonor entitywhohasaninterestorrelationshipthatallowsthatpersonorentitytobeinaposition actuallyorpotentiallytocontroltheoperationofalicense.Inaddition,anapplicantmust discloseallpersonswithwhomithasenteredintoagreementsorarrangementsconcerning biddingintheauctionandmustcertifythatithasnoundisclosedagreementsorarrangements. Id.,�1.2105(a)(2)(viii).Thesedisclosuresandcertificationsarecontainedinaninitial applicationtoparticipateinaspectrumauction,referredtoasthe"Short-FormApplication."Id., �1.2105(a)(2).TheShort-FormApplicationmustbesignedbyanauthorizedrepresentativeof theapplicant,underpenaltyofperjury,asaccurateandcomplete.AfteraShort-Form Applicationhasbeenfiled,theapplicantisprohibitedfromcollaboratingordiscussingits biddingstrategieswithanyotherapplicant.Id.,�1.2105(c). 25. TheFCCalsohasadoptedrulesintendedtoencourageparticipationinspectrum auctionsbywomen,minorities,andsmallbusinesses,bygrantingentitiesthatqualifyasa"small business"or"verysmallbusiness"discountsofaspecifiedpercentageofthecompetitively- determinedactualvalue,i.e.,the"gross"bid,ofalicenseavailableforauction.TheFCCusesa "revenuetest"todeterminewhetheranentityclaimingentitlementtoadiscountiseligible. 10 26. ForAuction66andAuction73,FCCrulesprovidedthataqualifying"small business"wouldreceivea15percentdiscountoffofitsgrosswinningbids,andthatanentity wouldbedeemedtobea"smallbusiness"iftheapplicant,togetherwithitsaffiliates,its controllinginterestholdersandtheiraffiliates,hadaggregateaverageannualgrossrevenuesof notmorethan$40millionfortheprecedingthreeyears.Id.,�1.2110(f)(2)(iii). 27. ForAuction66andAuction73,FCCrulesfurtherprovidedthataqualifying "verysmallbusiness"wouldreceivea25percentdiscountoffofitsgrosswinningbids,andthat anentitywouldbedeemedtobea"verysmallbusiness"iftheapplicant,togetherwithits affiliates,itscontrollinginterestholdersandtheiraffiliates,hadaggregateaverageannualgross revenuesofnotmorethan$15millionfortheprecedingthreeyears.Id.,�1.2110(f)(2)(ii). 28. Anapplicantclaiming"smallbusiness"or"verysmallbusiness"statusmust certifythatitisqualifiedtoobtainacreditandmustdiscloseallofitsaffiliates,controlling interests,andrealpartiesininterest,andtheirgrossrevenues.Id.,�1.2110(b)(1)(i),(iv).The FCCdefinesan"affiliate"asanyindividualorentitythat(i)directlyorindirectlycontrolsorhas thepowertocontroltheapplicant,(ii)isdirectlyorindirectlycontrolledbytheapplicant,(iii)is directlyorindirectlycontrolledbyathirdpartythatalsocontrolsorhasthepowertocontrolthe applicant,or(iv)hasanidentityofinterestwiththeapplicant.Id.,�1.2110(c)(5). 29. FCCrulesrequireanauctionapplicanttoattachtoitsShort-FormApplicationa statement,madeunderpenaltyofperjury,indicatingwhetherornottheapplicant,itsaffiliates, itscontrollinginterests,ortheaffiliatesofitscontrollinginterests,haveeverbeenindefaulton anyCommissionlicenseorhaveeverbeendelinquentonanynon-taxdebtowedtoanyFederal agency.47C.F.R.�1.2105(a)(2)(xi).Anapplicant,includingitsattributableinterestholders, thathascuredadefaultonaCommissionlicenseandhascuredalloutstandingnon-tax 11 delinquenciesowedtoaFederalagency,includingtheFCC,priortothedeadlineforfilinga Short-FormApplicationtoparticipateinaspecificauctionmaybeeligibletobidinthatauction asa"formerdefaulter,"providedtheapplicantisotherwisequalified.Toparticipateinan auctionasaformerdefaulter,applicantsarerequiredtopayupfrontpaymentsthatare50percent morethanthenormalupfrontpaymentamountestablishedforeachparticularlicense.47C.F.R. �1.2106(a). 30. Afteranauctionends,anapplicantthatwasthehighbidderononeormore licensesmustcompleteandfilewiththeFCCaForm601,referredtoasaLong-Form Application,andaForm602,OwnershipDisclosure.TheShort-FormApplication,Long-Form Application,andForm602mustbesignedbyanauthorizedrepresentativeoftheapplicantas accurateandcomplete,underpenaltyofperjury.Iftheapplicantisseekingbiddingcreditsasa "verysmallbusiness,"theShort-FormandLong-FormApplicationsalsomustinclude certificationsthattheapplicantisqualifiedtoobtainsuchacredit,thatallrealpartiesininterest havebeendisclosed,andthatannualgrossrevenuesoftheapplicant,itsaffiliates,itscontrolling interestsandtheiraffiliates,havebeendisclosed. 31. Toensurethatapplicantsclaimingbiddingcreditsarebonafide,federallaw requiresthatthegrossrevenuesofdefacto,aswellasdejure,affiliatesandcontrollinginterests beattributedtotheapplicant.Dejurecontroltypicallyisevidencedbyownershipofmorethan
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-843A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-843A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-843A1.txt
  • would not be disclosed until after the close of the auction. Bidders will have access to additional information about their own bids. For example, bidders will be able to view their own level of eligibility, before and during the auction, through the Commission's Integrated Spectrum Auction System (``ISAS'' or ``FCC Auction System''). Moreover, for the purpose of complying with section 1.2105(c), the Commission's rule prohibiting certain communications between applicants (sometimes referred to as the ``anti-collusion rule''), applicants will be made aware of other applicants with which they will not be permitted to cooperate, collaborate, or communicate, including discussing bids or bidding strategies. Specifically, the Bureau will notify separately each applicant with a short-form application for participation in a pending auction, including
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-843A1_Rcd.pdf
  • would not be disclosed until after the close of the auction. 13.Bidders will have access to additional information about their own bids. For example, bidders will be able to view their own level of eligibility, before and during the auction, through the Commission's Integrated Spectrum Auction System ("ISAS" or "FCC Auction System"). 14.Moreover, for the purpose of complying with section 1.2105(c), the Commission's rule prohibiting certain communications between applicants (sometimes referred to as the "anti-collusion rule"), applicants will be made aware of other applicants with which they will not be permitted to cooperate, collaborate, or communicate, including discussing bids or bidding strategies.21Specifically, the Bureau will notify separately each applicant with a short-form application for participation in a pending auction, including but
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1009A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1009A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1009A1.txt
  • in the auction. Attachment A to this Public Notice lists the short-form applications for Auction 88 that are complete. Each of these applicants will become a qualified bidder upon receipt of the required upfront payment by the June 17, 2010, deadline described below. Each applicant also must maintain the accuracy of its short-form application as required by Section 1.65 and 1.2105 of the Commission's rules. Attachment A also indicates the designated construction permits for each applicant. If an applicant claimed a New Entrant Bidding Credit, the applicant's claimed bidding credit percentage for each construction permit is indicated as 35 percent or 25 percent. Incomplete Applications. Attachment B to this Public Notice lists the short-form applications for Auction 88 found to be
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1009A1_Rcd.pdf
  • result of its participation in the auction.3 4.Attachment A to this Public Notice lists the short-form applications for Auction 88that are complete. Each of these applicants will become a qualified bidder upon receipt of the required upfront payment by theJune17, 2010,deadline described below.4 Each applicant also must maintain the accuracy of its short-form application as required by Section 1.65 and 1.2105 of the Commission's rules.5 Attachment A also indicates the designatedconstruction permits for each applicant. If anapplicant claimed a New Entrant Bidding Credit,6the applicant's claimed bidding credit percentage for each construction permit is indicated as 35 percent or 25 percent. 5.IncompleteApplications. Attachment B to this Public Notice lists the short-form applications for Auction 88found to be incomplete or otherwise deficient. Each
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1223A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1223A2.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit OMB PRA # Bureau Title of Information Collection 3060-0600 WTB-ASAD Application to Participate in an FCC Auction 3060-0757 WTB-ASAD FCC Auctions Customer Survey 3060-0767 WTB-ASAD Sections 1.2110, 1.2111 and 1.2112, Auction Forms and License Transfer Disclosures Requirements 3060-0995 WTB-ASAD Section 1.2105(c), Bidding Application and Certification Procedures; Prohibition of Collusion 3060-0531 WTB-BD Local Multipoint Distribution Service (LMDS) 3060-0690 WTB-BD Section 101.17, Performance Requirements for the 38.6 - 40.0 GHz Frequency Band 3060-0718 WTB-BD Part 101, Governing the Terrestrial Microwave Fixed Radio Service 3060-0975 WTB-BD Sections 68.3 and 1.4000, Promotion of Competitive Networks in Local Telecommunications Markets Multiple Tenant Environments (MTEs) 3060-1021 WTB-BD
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1223A2_Rcd.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit OMB PRA # Bureau Title of Information Collection 3060-0600 WTB-ASAD Application to Participate in an FCC Auction 3060-0757 WTB-ASAD FCC Auctions Customer Survey 3060-0767 WTB-ASAD Sections 1.2110, 1.2111 and 1.2112, Auction Forms and License Transfer Disclosures Requirements 3060-0995 WTB-ASAD Section 1.2105(c), Bidding Application and Certification Procedures; Prohibition of Collusion 3060-0531 WTB-BD Local Multipoint Distribution Service (LMDS) 3060-0690 WTB-BD Section 101.17, Performance Requirements for the 38.6 - 40.0 GHz Frequency Band 3060-0718 WTB-BD Part 101, Governing the Terrestrial Microwave Fixed Radio Service 3060-0975 WTB-BD Sections 68.3 and 1.4000, Promotion of Competitive Networks in Local Telecommunications Markets Multiple Tenant Environments(MTEs) 3060-1021 WTB-BD Section
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  • 47 C.F.R. � 1.8002(a)(3) (FRN must be obtained by spectrum auction participants). See also 47 C.F.R. � 1.8004(a) (electronic filing systems for filings that require an FRN will not accept a filing without the appropriate FRN). 47 C.F.R. � 1.65 (making applicants responsible for the continuing accuracy and completeness of information furnished in a pending application). See 47 C.F.R. �� 1.2105(b)(2), 73.5002(b). 47 U.S.C. � 309(j)(3)(E)(i). See 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, 447-49 �� 124-25, FCC 97-413 (1997) (``Part 1 Third Report and Order'') (directing WTB to seek comment on specific mechanisms related to day-to-day auction conduct including,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-125A1_Rcd.pdf
  • comment on this proposal. 2. Round Structure 16. The Commission will conduct Auction 88 over the Internet, and telephonic bidding will be available as well. The toll-free telephone number for the Auction Bidder Line will be provided to 1247 C.F.R. � 1.65 (making applicants responsible for the continuing accuracy and completeness of information furnished ina pending application). 13See47 C.F.R. �� 1.2105(b)(2), 73.5002(b). 1447 U.S.C. � 309(j)(3)(E)(i). 15See 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, 447-49 �� 124-25, FCC 97-413 (1997) ("Part 1 Third Report and Order") (directing WTB to seek comment on specific mechanisms related to day- to-dayauction conduct including, for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1261A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1261A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1261A1.txt
  • previous rounds of the auction. Detailed instructions for reviewing and downloading round results are provided in the Integrated Spectrum Auction System (ISAS) Bidder's Guide. The bidder's guide is included with qualified bidders' registration materials and is available in electronic form through the ``HELP'' link in the FCC Auction System. MAINTAINING APPLICANT OBLIGATIONS Prohibited Communications 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 its short-form application as parties with which the applicant has entered into an agreement under section
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1261A1_Rcd.pdf
  • individual or entity with an attributable interest in the applicant, has an attributable interest in more than three media of mass communications or any existing media of mass communications in the "same area" as the broadcast facility proposed by the applicant. 47 C.F.R. � 73.5007. See47 C.F.R. � 73.5007(b)(1)-(3) for the specific service definitions of "same area." 6See47 C.F.R. � 1.2105(c); see also Auction 88 Procedures Public Notice, 25 FCC Rcd at 2948-53 �� 12-29. 9002 the actual auction, and it is the responsibility of each qualified bidder to ensure that all registration information has been received. B. Registration Material Replacement 9.In the event that a bidder's SecurID�tokens are lost or damaged, only a person who has been designated as an
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  • June 28, 2010 (Waiver Request). See Closed Auction of Broadcast Construction Permits; Status of Short-Form Applications to Participate in Auction 88; Upfront Payments and Corrective Amendments Due by June 17, 2010; Removal of Two Construction Permits From the Auction, DA 10-1009, Public Notice (WTB/MB rel. June 7, 2010) (Auction 88 Status Public Notice). See id.; see also 47 C.F.R. � 1.2105(b)(2) (limited opportunity to cure short-form application deficiencies). Section 1.2106(a) authorizes the Bureaus to establish an upfront payment deadline for an auction by Public Notice. 47 C.F.R. � 1.2106(a). 47 C.F.R. � 1.2106(c). See Closed Auction of Broadcast Construction Permits Scheduled for July 20, 2010; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Procedures for Auction 88, Public
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  • Action Requested �Request for Waiver, submitted June 28, 2010 (Waiver Request). 2SeeClosed Auction of Broadcast Construction Permits; Status of Short-FormApplications to Participate in Auction 88; Upfront Payments and Corrective Amendments Due by June 17, 2010; Removal of TwoConstruction Permits From the Auction, DA 10-1009, Public Notice(WTB/MB rel. June 7, 2010) (Auction 88 StatusPublic Notice). 3Seeid.; see also 47 C.F.R. � 1.2105(b)(2) (limited opportunity to cure short-form application deficiencies). 4Section 1.2106(a) authorizes the Bureaus to establish an upfront payment deadline for an auction by Public Notice. 47 C.F.R. � 1.2106(a). 547 C.F.R. � 1.2106(c). See Closed Auction of Broadcast Construction Permits Scheduled for July 20, 2010; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Procedures for Auction 88, Public
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  • will grant the construction permit. OTHER IMPORTANT INFORMATION Maintaining Prohibition on Certain Communications To ensure the competitiveness of the auction process, the Commission's rules prohibit competing applicants from communicating with each other about bids, bidding strategies, or settlements, unless such applicants have identified each other on their short-form applications as parties with whom they have entered into agreements under section 1.2105(a)(2)(viii). As explained more fully in the Auction 88 Qualified Bidders Public Notice, this prohibition began at the short-form application filing deadline at 6:00 p.m. ET on May 13, 2010, and continues until the down payment deadline, which is 6:00 p.m. ET on August 12, 2010. The prohibition on certain communications applies to all applicants in Auction 88 (unless they have
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  • the construction permit.52 IV. OTHER IMPORTANT INFORMATION A. Maintaining Prohibition on Certain Communications 33.To ensure the competitiveness of the auction process, the Commission's rules prohibit competing applicants from communicating with each other about bids, bidding strategies, or settlements, unless such applicants have identified each other on their short-form applications as parties with whom they have entered into agreements under section 1.2105(a)(2)(viii).53As explained more fully in the Auction 88 Qualified Bidders Public Notice,this prohibition began at the short-form application filing deadline at 6:00 p.m. ET on May 13, 2010, and continues until the down payment deadline, which is 6:00 p.m. ET on August 12, 2010.54 34.The prohibition on certain communications applies to all applicants in Auction 88 (unless they have identified each
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  • the license to the applicant. OTHER IMPORTANT INFORMATION Maintaining Prohibition on Certain Communications To ensure the competitiveness of the auction process, the Commission's rules prohibit competing applicants from communicating with each other about bids, bidding strategies, or settlements, unless such applicants have identified each other on their short-form applications as parties with whom they have entered into agreements under section 1.2105(a)(2)(viii). For Auction 87, this prohibition began at the short-form application filing deadline of March 16, 2010, at 6:00 p.m. ET and continues until the down payment deadline, which is 6:00 p.m. ET on August 26, 2010. The prohibition on certain communications applies to all applicants in Auction 87 (unless they have identified each other on their short-form applications as parties
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  • the applicant.36 IV. OTHER IMPORTANT INFORMATION A. Maintaining Prohibition on Certain Communications 34. To ensure the competitiveness of the auction process, the Commission's rules prohibit competing applicants from communicating with each other about bids, bidding strategies, or settlements, unless such applicants have identified each other on their short-form applications as parties with whom they have entered into agreements under section 1.2105(a)(2)(viii).37For Auction 87,this prohibition began at the short-form application filing deadline of March 16, 2010, at 6:00 p.m. ET and continues until the down payment deadline, which is 6:00 p.m. ET on August26, 2010.38 35. The prohibition on certain communications applies to all applicants in Auction 87 (unless they have identified each other on their short-form applications as parties with whom
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  • Id. Rules and Policies on Foreign Participation in the U.S. Telecommunications Market, Market Entry and Regulation of Foreign-Affiliated Entities, Report and Order and Order on Reconsideration, 12 FCC Rcd 23,891 (1997) (``Foreign Participation Order''), Order on Reconsideration, 15 FCC Rcd 18,158 (2000). Foreign Participation Order, 12 FCC Rcd at 23,891, 23,935-42, 23,946, �� 97-118, 131 (1997). Id. 47 C.F.R. � 1.2105(a)(2)(v), (vi). See 47 C.F.R. �� 1.2110(f), 22.217 and 22.223(b)(2). See 47 C.F.R. �� 1.2110(f), 22.217 and 22.223(b)(1). 47 C.F.R. � 1.2110(b)(3)(iv)(B). See 47 C.F.R. �� 1.2110(b)(1), 1.2112(b)(2). 47 C.F.R. � 1.2110(o), 1.2112(b)(2)(v). See also 47 C.F.R. � 1.2110(b)(1)(i). 47 C.F.R. � 1.2110(o). See 47 C.F.R. � 1.2110(b)(3)(i). See 47 C.F.R. � 1.2107(g)(1)(i); see also CSEA Report and Order, 21 FCC
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  • 13 Rules and Policies on Foreign Participation in the U.S. Telecommunications Market, Market Entry and Regulation of Foreign-Affiliated Entities, Report and Order and Order on Reconsideration, 12 FCC Rcd 23,891 (1997) ("Foreign Participation Order"),Order on Reconsideration, 15 FCC Rcd 18,158 (2000). 14Foreign Participation Order, 12 FCC Rcd at 23,891, 23,935-42, 23,946, �� 97-118, 131 (1997). 15Id. 16 47 C.F.R. � 1.2105(a)(2)(v), (vi). 18500 issue, an applicant must indicate in its long form application (FCC Form 601) that it either has received a declaratory ruling that grants it permission to exceed the statutory benchmark of Section 310(b)(4) or that it has a request currently pending at the Commission. An applicant's petition for a declaratory ruling to exceed the Section 310(b)(4) benchmark must
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  • EB-09-IH-0023 NAL Acct. No. 201132080001 FRN No. 0001731470 FRN No. 0015025067 ORDER Adopted: October 14, 2010 Released: October 14, 2010 By the Chief, Enforcement Bureau: In this Order, we adopt a Consent Decree terminating an investigation by the Enforcement Bureau (the ``Bureau'') into compliance by Puerto Rico Telephone Company, Inc. and its parent, Am�rica M�vil, S.A.B. de C.V. with Section 1.2105(c) of the Commission's Rules, 47 C.F.R. � 1.2105(c), relating to Puerto Rico Telephone Company, Inc.'s participation in Commission Auction 73. The Bureau, Puerto Rico Telephone Company, Inc., and Am�rica M�vil, S.A.B. de C.V., have negotiated the terms of a Consent Decree that would terminate the Bureau's investigation. A copy of the Consent Decree is attached hereto and incorporated by reference.
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  • FRN No. 0015025067 CONSENT DECREE 1. The Enforcement Bureau of the Federal Communications Commission, Puerto Rico Telephone Company, Inc., and Am�rica M�vil, S.A.B. de C.V., by their authorized representatives, hereby enter into this Consent Decree for the purpose of resolving the Enforcement Bureau's investigation of compliance by Puerto Rico Telephone Company, Inc. and Am�rica M�vil, S.A.B. de C.V. with Section 1.2105(c) of the Commission's Rules, 47 C.F.R. � 1.2105(c), relating to Puerto Rico Telephone Company, Inc.'s participation in Commission Auction 73. I. DEFINITIONS 2. For purposes of this Consent Decree the following definitions shall apply: a. ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. � 151 et seq. b. ``Adopting Order'' means an order of the Bureau adopting
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  • Refund of Remaining Upfront Payment Balance 214 VI. Contact information 216 ATTACHMENT A: Licenses to Be Auctioned ATTACHMENT B: Block/Frequency Cross-Reference List ATTACHMENT C: Short-Form Application Filing Instructions ATTACHMENT D: Auction-Specific Instructions for FCC Remittance Advice (FCC Form 159) ATTACHMENT E: Summary Listing of Judicial, Commission and Bureau Documents Addressing Application of the Rule Prohibiting Certain Communications, 47 C.F.R. � 1.2105(c) General Information Introduction By this Public Notice, we announce the procedures and minimum opening bid amounts for the upcoming auction of 9,603 licenses for lower and upper paging bands spectrum. This auction, which is designated as Auction 87, is scheduled to commence on May 25, 2010. Background of Proceeding In the Paging Second Report and Order, the Commission adopted rules
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  • F.Default and Disqualification........................................................................................................211 G.Refund of Remaining Upfront Payment Balance........................................................................214 VI.CONTACT INFORMATION............................................................................................................216 ATTACHMENT A: Licenses to Be Auctioned ATTACHMENT B: Block/Frequency Cross-Reference List ATTACHMENT C: Short-Form Application Filing Instructions ATTACHMENT D: Auction-Specific Instructions for FCC Remittance Advice (FCC Form 159) ATTACHMENT E: Summary Listing of Judicial, Commission and Bureau Documents Addressing Application of the Rule Prohibiting Certain Communications, 47 C.F.R. � 1.2105(c) 6334 Federal Communications Commission DA 10-18 1 I. GENERAL INFORMATION A. Introduction 1. By this Public Notice, we announce the procedures and minimum opening bid amounts for the upcoming auction of 9,603 licenses for lower and upper paging bands spectrum.1 This auction, which is designated as Auction 87, is scheduled to commence on May 25, 2010. 1. Background of Proceeding
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  • OPENING BIDS, UPFRONT PAYMENTS, AND OTHER PROCEDURES FOR AUCTION 90 AU Docket No. 10-147 Table of Contents Heading Paragraph # I. General Information 1 A. Introduction 1 1. Background 2 2. Construction Permits in Auction 90 3 B. Rules and Disclaimers 6 1. Relevant Authority 6 2. Prohibited Communications and Compliance with Antitrust Laws 8 a. Entities Subject to Section 1.2105 9 b. Prohibition Applies Until Down Payment Deadline 13 c. Prohibited Communications 14 d. Disclosure of Bidding Agreements and Arrangements 16 e. Section 1.2105(c) Certification 17 f. Duty to Report Prohibited Communications: Reporting Procedure 18 g. Winning Bidders Must Disclose Terms of Agreements 24 h. Additional Information Concerning Rule Prohibiting Certain Communications 25 i. Antitrust Laws 26 3. Due Diligence
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  • COMMERCIAL TELEVISION STATION CONSTRUCTION PERMITS SCHEDULED FOR FEBRUARY 15, 2011 NOTICE AND FILING REQUIREMENTS, MINIMUM OPENING BIDS, UPFRONT PAYMENTS, AND OTHER PROCEDURES FOR AUCTION 90 AU Docket No. 10-147 TABLE OF CONTENTS Heading Paragraph # I.GENERAL INFORMATION................................................................................................................1 A.Introduction......................................................................................................................................1 1.Background...............................................................................................................................2 2.Construction Permits in Auction 90..........................................................................................3 B.Rules and Disclaimers......................................................................................................................6 1.Relevant Authority....................................................................................................................6 2.Prohibited Communications and Compliance with Antitrust Laws..........................................8 a.Entities Subject to Section 1.2105......................................................................................9 b.Prohibition Applies Until Down Payment Deadline.........................................................13 c.Prohibited Communications..............................................................................................14 d.Disclosure of Bidding Agreements and Arrangements.....................................................16 e.Section 1.2105(c) Certification.........................................................................................17 f.Duty to Report Prohibited Communications: Reporting Procedure.................................18 g.Winning Bidders Must Disclose Terms of Agreements...................................................24 h.Additional Information Concerning Rule Prohibiting Certain Communications.............25 i.Antitrust Laws...................................................................................................................26 3.Due Diligence..........................................................................................................................28 4.Use of Integrated Spectrum Auction System..........................................................................36 5.Fraud Alert..............................................................................................................................37 6.Environmental Review Requirements.....................................................................................39 C.Auction Specifics...........................................................................................................................40 1.Auction Start Date...................................................................................................................40 2.Auction Title...........................................................................................................................42
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  • FILING REQUIREMENTS, MINIMUM OPENING BIDS, UPFRONT PAYMENTS, AND OTHER PROCEDURES FOR AUCTION 91 AU Docket No. 10-183 Table of Contents Heading Paragraph # I. General Information 1 A. Introduction 1 1. Construction Permits in Auction 91 3 B. Rules and Disclaimers 8 1. Relevant Authority 8 2. Prohibited Communications and Compliance with Antitrust Laws 10 a. Entities Subject to Section 1.2105 11 b. Prohibition Applies Until Down Payment Deadline 15 c. Prohibited Communications 16 d. Disclosure of Bidding Agreements and Arrangements 18 e. Section 1.2105(c) Certification 19 f. Duty to Report Prohibited Communications: Reporting Procedure 20 g. Winning Bidders Must Disclose Terms of Agreements 26 h. Additional Information Concerning Rule Prohibiting Certain Communications 27 i. Antitrust Laws 28 3. Due Diligence
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  • AUCTION OF FM BROADCAST CONSTRUCTION PERMITS RESCHEDULED FOR APRIL 27, 2011 NOTICE AND FILING REQUIREMENTS, MINIMUM OPENING BIDS, UPFRONT PAYMENTS, AND OTHER PROCEDURES FOR AUCTION 91 AU Docket No. 10-183 TABLE OF CONTENTS Heading Paragraph # I.GENERAL INFORMATION................................................................................................................1 A.Introduction......................................................................................................................................1 1.Construction Permits in Auction 91..........................................................................................3 B.Rules and Disclaimers......................................................................................................................8 1.Relevant Authority....................................................................................................................8 2.Prohibited Communications and Compliance with Antitrust Laws........................................10 a.Entities Subject to Section 1.2105....................................................................................11 b.Prohibition Applies Until Down Payment Deadline.........................................................15 c.Prohibited Communications..............................................................................................16 d.Disclosure of Bidding Agreements and Arrangements.....................................................18 e.Section 1.2105(c) Certification.........................................................................................19 f.Duty to Report Prohibited Communications: Reporting Procedure.................................20 g.Winning Bidders Must Disclose Terms of Agreements...................................................26 h.Additional Information Concerning Rule Prohibiting Certain Communications.............27 i.Antitrust Laws...................................................................................................................28 3.Due Diligence..........................................................................................................................30 4.Use of Integrated Spectrum Auction System..........................................................................38 5.Fraud Alert..............................................................................................................................39 6.Environmental Review Requirements.....................................................................................41 C.Auction Specifics...........................................................................................................................42 1.Auction Start Date...................................................................................................................42 2.Auction Title...........................................................................................................................45
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  • 47 C.F.R. �� 1.2111, 73.5007(c); see also Competitive Bidding Second Report and Order, 9 FCC Rcd at 2394-95 �� 258-265 (establishing unjust enrichment requirements). Recommendation at 4. Recommendation at 7. Recommendation at 8-9. . See Competitive Bidding Second Report and Order, 9 FCC Rcd at 2375-76 �� 162-63 (explaining benefits of streamlined auction application process). See, e.g., 47 C.F.R. � 1.2105(c)(1) (prohibition of certain communications). Recommendation at 9. Recommendation at 9-10. Recommendation at 10. See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg. 24121 (1998). - 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 C D ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l!
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  • auction. A public notice identifying the qualified bidders is typically released approximately 7 days prior to the start of bidding. Additional details on the pre-auction timeline are available on the Commission's website at: http://wireless.fcc.gov/auctions/default.htm?job=about_auctions&page=3. 22See Competitive Bidding Second Report and Order, 9 FCC Rcd at 2375-76 �� 162-63 (explaining benefits of streamlined auction application process). See, e.g., 47 C.F.R. � 1.2105(c)(1) (prohibition of certain communications). 23Recommendation at 9. 24Recommendation at 9-10. 25Recommendation at 10. 16858 principal play in a corporation or other business entity to confer eligibility for the preference on the entity?For instance, should the principal be required to have majority equity ownership and a management role? This matter shallbe treated as a "permit-but-disclose" proceeding in accordance with the Commission's
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  • would not be disclosed until after the close of the auction. Bidders would have access to additional information about their own bids. For example, bidders would be able to view their own level of eligibility, before and during the auction, through the Commission's Integrated Spectrum Auction System (``ISAS'' or ``FCC Auction System''). Moreover, for the purpose of complying with section 1.2105(c), the Commission's rule prohibiting certain communications between applicants (formerly referred to as the ``anti-collusion rule''), applicants would be made aware of other applicants with which they will not be permitted to cooperate, collaborate, or communicate - including discussing bids, bidding strategies, or post-auction market structure. Specifically, the Bureau would notify separately each applicant in Auction 92 whether applicants with short-form
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  • �� 140-157 (2006) ("Auction 66 Procedures Public Notice"). 17002 12. Bidders would have access to additional information about their own bids. For example, bidders would be able to view their own level of eligibility, before and during the auction, through the Commission's Integrated Spectrum Auction System ("ISAS" or "FCC Auction System"). 13. Moreover, for the purpose of complying with section 1.2105(c), the Commission's rule prohibiting certain communications between applicants (formerly referred to as the "anti-collusion rule"), applicants would be made aware of other applicants with which they will not be permitted to cooperate, collaborate, or communicate - including discussing bids, bidding strategies, or post-auction market structure.6 Specifically, the Bureau would notify separately each applicant in Auction 92 whether applicants with short-form
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  • Rules ) ) ) ) ) WT Docket No. 10-18 ORDER AND ERRATA Adopted: February 24, 2010 Released: February 24, 2010 By the Associate Chief, Wireless Telecommunications Bureau: By this Order And Errata, we make a conforming amendment to a recent Commission order and correct errors in the Federal Register summary of that order, which made procedural amendments to section 1.2105 of the Commission's competitive bidding rules. On January 7, 2010, the Commission issued an Order that amended the rule specifying how to report potential violations of section 1.2105(c) and amended the rules specifying how quickly applicants must modify pending auction applications to satisfy the requirements of sections 1.65(a) and 1.2105(b) of the Commission's rules. The Order also modified the subheading
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  • Part 1 Competitive Bidding Rules )))))WT Docket No. 10-18 ORDER AND ERRATA Adopted: February 24, 2010 Released: February 24, 2010 By the Associate Chief, Wireless Telecommunications Bureau: 1. By this Order And Errata, we make a conforming amendment to a recent Commission order and correct errors in the Federal Register summary of that order, which made procedural amendments to section 1.2105 of the Commission's competitive bidding rules. 2. On January 7, 2010, the Commission issued an Orderthat amended the rule specifying how to report potential violations of section 1.2105(c) and amended the rules specifying how quickly applicants must modify pending auction applications to satisfy the requirements of sections 1.65(a) and 1.2105(b) of the Commission's rules.1The Orderalso modified the subheading of section
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  • Request was pending. Addressing MetroPCS's Comments, the Auction 78 Procedures Public Notice stated that removing the ``closed'' bidding designation for certain of the PCS licenses would require modification of the Commission's rules and was beyond the scope of the proceeding to establish procedures for conducting Auction 78. Additionally, we explained that, because MetroPCS's requested change regarding the applicability of section 1.2105(c) of the Commission's rules prohibiting certain communications would require a rule amendment, it was also outside of the scope of the proceeding. With respect to the implementation of our anonymous bidding procedures, the Auction 78 Procedures Public Notice explained why the Bureau rejected the suggestions made in MetroPCS's Comments. For instance, MetroPCS requested that the Commission make clear that applicants
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  • that Alpine's Stay Request was pending.21Addressing MetroPCS's Comments, the Auction 78 Procedures Public Noticestated that removing the "closed" bidding designation for certain of the PCS licenses would require modification of the Commission's rules and was beyond the scope of the proceeding to establish procedures for conducting Auction 78.22Additionally, we explained that, because MetroPCS's requested change regarding the applicability of section 1.2105(c) of theCommission's rules prohibiting certain communications would require a rule amendment, it was also outside of the scope of the proceeding.23 9.With respect to the implementation of our anonymous bidding procedures, the Auction 78 Procedures Public Noticeexplained why the Bureau rejected the suggestions made in MetroPCS's Comments. For instance, MetroPCS requested that the Commission make clear that applicants can disclose
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  • 1 A. Introduction 1 1. Background 2 2. Construction Permits in Auction 88 3 a. Dismissal of Applications for Failure to Submit FRN 6 b. Dismissal of Applications for Failure to Submit Required Section 307(b) Information 8 B. Rules and Disclaimers 10 1. Relevant Authority 10 2. Prohibited Communications and Compliance with Antitrust Laws 12 a. Entities Subject to Section 1.2105 13 b. Prohibition Applies Until Down Payment Deadline 17 c. Prohibited Communications 18 d. Disclosure of Bidding Agreements and Arrangements 20 e. Section 1.2105(c) Certification 21 f. Duty to Report Prohibited Communications: Reporting Procedure 22 g. Winning Bidders Must Disclose Terms of Agreements 28 h. Additional Information Concerning Rule Prohibiting Certain Communications 29 i. Antitrust Laws 30 3. Due Diligence
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  • credit. Complete Applications. Attachment A to this Public Notice lists the short-form applications for Auction 87 that are complete. These applicants will become qualified bidders in Auction 87 upon receipt of the required upfront payment by 6:00 p.m. ET on Friday, April 30, 2010. Applicants also must maintain the accuracy of their short-form applications as required by sections 1.65 and 1.2105 of the Commission's rules. Incomplete Applications. Attachment B to this Public Notice lists the short-form applications for Auction 87 found to be incomplete or otherwise deficient. These applicants will receive overnight correspondence indicating what information is required to make their applications complete. These applicants may become qualified bidders only if they timely take the following actions: (1) make the required
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  • the $3,000,000 cap for applicants seeking a 35 percent bidding credit, we find these applicants' requests moot. Moreover, requests concerning application qualifications and eligibility for designated entity status are generally considered after the auction during the long-form application process. 5See47 C.F.R. � 1.2106. 3523 Applicants also must maintain the accuracy of their short-form applications as required by sections 1.65 and 1.2105 of the Commission's rules.6 9. Incomplete Applications.Attachment B to this Public Notice lists the short-form applications for Auction 87 found to be incomplete or otherwise deficient. These applicants will receive overnight correspondence indicating what information is required to make their applications complete. These applicants may become qualified bidders only if they timely take the following actions: (1)make the required upfront
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  • would not be disclosed until after the close of the auction. Bidders would have access to additional information about their own bids. For example, bidders would be able to view their own level of eligibility, before and during the auction, through the Commission's Integrated Spectrum Auction System (``ISAS'' or ``FCC Auction System''). Moreover, for the purpose of complying with section 1.2105(c), the Commission's rule prohibiting certain communications between applicants (sometimes referred to as the ``anti-collusion rule''), applicants would be made aware of other applicants with which they will not be permitted to cooperate, collaborate, or communicate, including discussing bids or bidding strategies. Specifically, the Bureau would notify separately each applicant in Auction 89 whether applicants with short-form applications to participate in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-849A1_Rcd.pdf
  • be disclosed until after the close of the auction. 18. Bidders would have access to additional information about their own bids. For example, bidders would be able to view their own level of eligibility, before and during the auction, through the Commission's Integrated Spectrum Auction System ("ISAS" or "FCC Auction System"). 19. Moreover, for the purpose of complying with section 1.2105(c), the Commission's rule prohibiting certain communications between applicants (sometimes referred to as the "anti-collusion rule"), applicants would be made aware of other applicants with which they will not be permitted to cooperate, collaborate, or communicate, including discussing bids or bidding strategies.20 Specifically, the Bureau would notify separately each applicant in Auction 89 whether applicants with short-form applications to participate in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-863A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-863A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-863A1.txt
  • available during the auction. Detailed instructions for reviewing and downloading round results are provided in the Integrated Spectrum Auction System (ISAS) Bidder's Guide. The bidder's guide is included with qualified bidders' registration materials and is available in electronic form through the ``HELP'' link in the FCC Auction System. MAINTAINING APPLICANT OBLIGATIONS Prohibition of Certain Communications We remind applicants that section 1.2105(c) of the Commission's rules prohibits applicants for licenses in any of the same or overlapping geographic areas from communicating with each other about bids, bidding strategies, or settlements, which may include communications regarding post-auction market structure, unless they have identified each other on their short-form applications as parties with which they have entered into agreements under section 1.2105(a)(2)(viii). In Auction
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-863A1_Rcd.pdf
  • after the auction during the long-form application process. In the event that an applicant is found unqualified to be a Commission licensee or ineligible for claimed designated entity benefits, it will be liable for any obligations incurred as a result of its participation in the auction. Seegenerally47 C.F.R. � 1.2109. 4Auction 87 Procedures Public NoticeandAuction 87StatusPublic Notice. 5See47 C.F.R. � 1.2105(c); see also Auction 87 Procedures Public Notice at � 12. 5408 C. Bidding Access 9.The Commission will conduct Auction 87 over the Internet. Qualified bidders can access the Integrated Spectrum Auction System ("ISAS" or "FCC Auction System") at http://auctions.fcc.govor http://auctions2.fcc.gov. Bidders choosing to bid electronically should review the Integrated Spectrum Auction System (ISAS) Bidder's Guide provided in the registration materials.
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  • ASTCA's Short Form 23 3. Qualified Bidders for Auction 78 and Auction Results 25 4. Blue Sky's Petition to Deny ASCTA's Auction 78 Long Form 27 D. Voluntary Commitment of Divestitures 28 III. DISCUSSION 29 A. Auction 71 31 1. Allegations of Collusive Bidding and Strategic Withdrawals 31 2. Disclosure of Mutual Understanding Between ASTCA and STI Pursuant to Section 1.2105(a)(2)(viii) 46 3. STI's Eligibility for Bidding Credits 56 4. Spectrum Aggregation Issues 58 5. Motions to Supplement Auction 71 Petition are Untimely and Repetitious 70 B. Auction 78 71 IV. CONCLUSION 72 V. ORDERING CLAUSES 73 Introduction This Order denies two petitions by AST Telecom, LLC, doing business as Blue Sky Communications (``Blue Sky''), requesting that the Commission deny the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-106A1_Rcd.pdf
  • 1.Initial Status of ASTCA and Blue Sky Short Forms...............................................................22 2.Blue Sky's Motion to Dismiss ASTCA's Short Form............................................................23 3.Qualified Bidders for Auction 78 and Auction Results...........................................................25 4.Blue Sky's Petition to Deny ASCTA's Auction 78 Long Form.............................................27 D.Voluntary Commitment of Divestitures.........................................................................................28 III.DISCUSSION.......................................................................................................................................29 A.Auction 71......................................................................................................................................31 1.Allegations of Collusive Bidding and Strategic Withdrawals.................................................31 2.Disclosure of Mutual Understanding Between ASTCA and STI Pursuant to Section 1.2105(a)(2)(viii).....................................................................................................................46 3.STI's Eligibility for Bidding Credits.......................................................................................56 4.Spectrum Aggregation Issues..................................................................................................58 5.Motions to Supplement Auction 71 Petition are Untimely and Repetitious............................70 B.Auction 78......................................................................................................................................71 IV.CONCLUSION....................................................................................................................................72 V.ORDERING CLAUSES.......................................................................................................................73 417 Federal Communications Commission DA 11-106 I. INTRODUCTION 1. This Order denies two petitions by AST Telecom, LLC, doing business as Blue Sky Communications ("Blue Sky"), requesting that the Commission deny the long-form applications submitted by the
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  • not specific to Auction 92. Detailed instructions for reviewing and downloading round results are provided in the Integrated Spectrum Auction System (ISAS) Bidder's Guide. The Bidder's Guide is included with qualified bidders' registration materials and is available in electronic form through the ``HELP'' link in the FCC Auction System. continuing APPLICANT OBLIGATIONS Prohibited Communications The Bureau reminds applicants that section 1.2105(c) of the Commission's rules prohibits applicants for licenses in any of the same or overlapping geographic 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 its short-form application as a party with which the applicant has entered into an agreement
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1131A1_Rcd.pdf
  • In the event that an applicant is found unqualified to be a Commission licensee or ineligiblefor a claimed bidding credit, it will be liable for any obligations incurred as a result of its participation in the auction. See generally47 C.F.R. � 1.2109. 4Auction 92 Procedures Public Notice, 26 FCC Rcd at 3342; see also Auction 92StatusPublic Notice. 5See47 C.F.R. � 1.2105(c); see also Auction 92 Procedures Public Notice,26 FCC Rcd at 3345-50 �� 7-27. 9268 Auction System (ISAS) Bidder's Guide provided in the registration materials. Please note that Apple� Mac OS�is not currently supported. 10.In addition to bidding electronically over the Internet, a qualified bidder will also have the option of bidding by telephone via the Auction Bidder Line. The Auction
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  • on Certain Communications To ensure the competitiveness of the auction process, the Commission's rules prohibit auction applicants for licenses in any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements, unless such applicants have identified each other on their short-form applications as parties with whom they have entered into agreements under section 1.2105(a)(2)(viii). As explained more fully in the Auction 92 Procedures Public Notice, this prohibition began at the short-form application filing deadline at 6:00 p.m. ET on May 11, 2011 and continues until the down payment deadline, which is 6:00 p.m. ET on August 11, 2011. The prohibition on certain communications applies to all applicants in Auction 92 (unless they have identified
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1269A1_Rcd.pdf
  • on Certain Communications 31. To ensure the competitiveness of the auction process, the Commission's rules prohibit auction applicants for licenses in any ofthe same geographic license areas from communicating with each other about bids, bidding strategies, or settlements, unless such applicants have identified each other on their short-form applications as parties with whom they have entered into agreements under section 1.2105(a)(2)(viii).36As explained more fully in the Auction 92 Procedures Public Notice,this prohibition began at the short-form application filing deadline at 6:00 p.m. ET on May 11, 2011 and continues until the down payment deadline, which is 6:00 p.m. ET on August 11, 2011.37 32. The prohibition on certain communications applies to all applicants in Auction 92 (unless they have identified each
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  • Id. Rules and Policies on Foreign Participation in the U.S. Telecommunications Market, Market Entry and Regulation of Foreign-Affiliated Entities, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891 (1997) (``Foreign Participation Order''), Order on Reconsideration, 15 FCC Rcd 18158 (2000). Foreign Participation Order, 12 FCC Rcd at 23891, 23935-42, 23946, �� 97-118, 131 (1997). Id. 47 C.F.R. � 1.2105(a)(2)(v), (vi). See 47 C.F.R. �� 1.2110(f)(2)(i). See 47 C.F.R. �� 1.2110(f)(2)(ii). 47 C.F.R. �� 1.2110(b)(1)(i), 1.2110(b)(3)(iv)(B). See also Part 1 Fifth Report and Order, 15 FCC Rcd at 15323-27 �� 59-67. See 47 C.F.R. �� 1.2110(b)(1), 1.2112(b)(2). 47 C.F.R. � 1.2110(o), 1.2112(b)(2)(v). See also 47 C.F.R. � 1.2110(b)(1)(i). 47 C.F.R. � 1.2110(o). See 47 C.F.R. � 1.2110(b)(3)(i). See 47 C.F.R.
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  • at 12Rules and Policies on Foreign Participation in the U.S. Telecommunications Market, Market Entry and Regulation of Foreign-Affiliated Entities, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891 (1997) ("Foreign Participation Order"), Order on Reconsideration, 15 FCC Rcd 18158 (2000). 13Foreign Participation Order, 12 FCC Rcd at 23891, 23935-42, 23946, �� 97-118, 131 (1997). 14Id. 1547 C.F.R. � 1.2105(a)(2)(v), (vi). 10514 E- issue, an applicant must indicate in its long form application (FCC Form 601) that it either has received a declaratory ruling that grants it permission to exceed the statutory benchmark of Section 310(b)(4) or that it has a request currently pending at the Commission. An applicant's petition for a declaratory ruling to exceed the Section 310(b)(4) benchmark
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  • previous rounds of the auction. Detailed instructions for reviewing and downloading round results are provided in the Integrated Spectrum Auction System (ISAS) Bidder's Guide. The bidder's guide is included with qualified bidders' registration materials and is available in electronic form through the ``HELP'' link in the FCC Auction System. MAINTAINING APPLICANT OBLIGATIONS Prohibited Communications 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 its short-form application as a party with which the applicant has entered into an agreement under
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-136A1_Rcd.pdf
  • any individual or entity with an attributable interest in the applicant, has an attributable interest in more than three media of mass communications or any existingmedia of mass communications in the "same area" as the broadcast facility proposed by the applicant. 47 C.F.R. � 73.5007. See47 C.F.R. � 73.5007(b)(1)-(3) for the specific service definitions of "same area." 5See47 C.F.R. � 1.2105(c); see also Auction 90 Procedures Public Notice, DA 10-2008 at �� 8-25. 882 the actual auction, and it is the responsibility of each qualified bidder to ensure that all registration information has been received. B. Registration Material Replacement 9.In the event that a bidder's SecurID�tokens are lost or damaged, only a person who has been designated as an authorized bidder,
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  • FILING REQUIREMENTS, MINIMUM OPENING BIDS, UPFRONT PAYMENTS, AND OTHER PROCEDURES FOR AUCTION 93 AU Docket No. 11-146 Table of Contents Heading Paragraph # I. General Information 1 A. Introduction 1 1. Construction Permits in Auction 93 3 B. Rules and Disclaimers 6 1. Relevant Authority 6 2. Prohibited Communications and Compliance with Antitrust Laws 8 a. Entities Subject to Section 1.2105 9 b. Prohibition Applies Until Down Payment Deadline 14 c. Prohibited Communications 15 d. Disclosure of Bidding Agreements and Arrangements 17 e. Section 1.2105(c) Certification 20 f. Duty to Report Prohibited Communications 21 g. Procedure for Reporting Prohibited Communications 24 h. Winning Bidders Must Disclose Terms of Agreements 27 i. Additional Information Concerning Rule Prohibiting Certain Communications 28 j. Antitrust
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  • AUCTION OF FM BROADCAST CONSTRUCTION PERMITS SCHEDULED FOR MARCH 27, 2012 NOTICE AND FILING REQUIREMENTS, MINIMUM OPENING BIDS, UPFRONT PAYMENTS, AND OTHER PROCEDURES FOR AUCTION 93 AU Docket No. 11-146 TABLE OF CONTENTS Heading Paragraph # I.GENERAL INFORMATION.................................................................................................................1 A.Introduction......................................................................................................................................1 1.Construction Permits in Auction 93..........................................................................................3 B.Rules and Disclaimers......................................................................................................................6 1.Relevant Authority....................................................................................................................6 2.Prohibited Communications and Compliance with Antitrust Laws..........................................8 a.Entities Subject to Section 1.2105......................................................................................9 b.Prohibition Applies Until Down Payment Deadline.........................................................14 c.Prohibited Communications..............................................................................................15 d.Disclosure of Bidding Agreements and Arrangements.....................................................17 e.Section 1.2105(c) Certification.........................................................................................20 f.Duty to Report Prohibited Communications.....................................................................21 g.Procedure for Reporting Prohibited Communications......................................................24 h.Winning Bidders Must Disclose Terms of Agreements...................................................27 i.Additional Information Concerning Rule Prohibiting Certain Communications.............28 j.Antitrust Laws...................................................................................................................29 3.Due Diligence..........................................................................................................................31 4.Use of Integrated Spectrum Auction System..........................................................................38 5.Fraud Alert...............................................................................................................................39 6.Environmental Review Requirements.....................................................................................41 C.Auction Specifics...........................................................................................................................42 1.Auction Start
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  • on Certain Communications To ensure the competitiveness of the auction process, the Commission's rules prohibit applicants for construction permits in any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements, unless such applicants have identified each other on their short-form applications as parties with whom they have entered into agreements under section 1.2105(a)(2)(viii). As explained more fully in the Auction 90 Qualified Bidders Public Notice, this prohibition began at the short-form application filing deadline at 6:00 p.m. ET on December 15, 2010, and continues until the down payment deadline, which is 6:00 p.m. ET on March 15, 2011. The prohibition on certain communications applies to all applicants in Auction 90 (unless they have
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-312A1_Rcd.pdf
  • on Certain Communications 32.To ensure the competitiveness of the auction process, the Commission's rules prohibit applicants for construction permits in any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements, unless such applicants have identified each other on their short-form applications as parties with whom they have entered into agreements under section 1.2105(a)(2)(viii).49As explained more fully in the Auction 90 Qualified Bidders Public Notice,this prohibition began at the short-form application filing deadline at 6:00 p.m. ET on December 15, 2010, and continues until the down payment deadline, which is 6:00 p.m. ET on March 15, 2011.50 4247 C.F.R. �� 1.2108(b), 73.5006(b). 4347 C.F.R. � 73.5006. 4447 C.F.R. � 73.5006(c). 45Id. 46SeeCommission Taking Tough
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  • of Remaining Upfront Payment Balance 206 VI. Contact information 208 ATTACHMENT A: Licenses to Be Auctioned ATTACHMENT B: Minimum Acceptable Bid Formula ATTACHMENT C: Short-Form Application Filing Instructions ATTACHMENT D: Auction-Specific Instructions for FCC Remittance Advice (FCC Form 159) ATTACHMENT E: Summary Listing of Judicial, Commission and Bureau Documents Addressing Application of the Rule Prohibiting Certain Communications, 47 C.F.R. � 1.2105(c) General Information Introduction By this Public Notice, the Wireless Telecommunications Bureau (``Bureau'') announces the procedures and minimum opening bid amounts for the upcoming auction of 16 licenses in the 698-806 MHz band (herein, the ``700 MHz Band''). This auction, which is designated as Auction 92, is scheduled to start on July 19, 2011. On December 15, 2010, in accordance with
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  • and Disqualification........................................................................................................203 G.Refund of Remaining Upfront Payment Balance........................................................................206 VI.CONTACT INFORMATION............................................................................................................208 ATTACHMENT A: Licenses to Be Auctioned ATTACHMENT B: Minimum Acceptable Bid Formula ATTACHMENT C: Short-Form Application Filing Instructions ATTACHMENT D: Auction-Specific Instructions for FCC Remittance Advice (FCC Form 159) ATTACHMENT E: Summary Listing of Judicial, Commission and Bureau Documents Addressing Application of the Rule Prohibiting Certain Communications, 47 C.F.R. � 1.2105(c) 3343 Federal Communications Commission DA 11-420 I. GENERAL INFORMATION A. Introduction 1. By this Public Notice, the Wireless Telecommunications Bureau ("Bureau") announces the procedures and minimum opening bid amounts for the upcoming auction of 16 licenses in the 698-806 MHz band (herein, the "700 MHz Band"). This auction, which is designated as Auction 92, is scheduled to start on July
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  • Attachment A to this Public Notice lists the short-form applications for Auction 91 that are complete. Each of these applicants will become a qualified bidder upon receipt by the Commission of the required upfront payment by the March 21, 2011, deadline described below. Each applicant also must maintain the accuracy of its short-form application as required by sections 1.65 and 1.2105 of the Commission's rules. Attachment A also indicates the construction permits selected by each applicant on its short-form application. If an applicant claimed a new entrant bidding credit, the applicant's claimed bidding credit percentage for each construction permit is indicated as 35 percent or 25 percent. Designation of an application as complete indicates that the applicant has provided the certifications
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-435A1_Rcd.pdf
  • Bids, Upfront Payments, and Other Procedures for Auction 91," AU Docket No. 10-183, Public Notice, DA 10-2253, 25 FCC Rcd 16787(2010) ("Auction 91 Procedures Public Notice"). A summary of this public notice was published at 76 Fed. Reg. 3892 (Jan. 21, 2011). 2Seesection I.B., below; see also 47 C.F.R. � 1.2106 (upfront payment rule). 3421 required by sections 1.65 and 1.2105 of the Commission's rules.3Attachment A also indicates the construction permits selected by each applicant on its short-form application. If an applicant claimed a new entrant bidding credit,4the applicant's claimed bidding credit percentage for each construction permit is indicated as 35 percent or 25 percent. 4.Designation of an application as complete indicates that the applicant has provided the certifications and basic
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  • which it was the winning bidder. On September 9, 2008, AST filed the long-form Application for the Licenses, and the Bureau subsequently announced that the Application was accepted for filing. AST filed several amendments to the Application that belatedly reflected changes in control of its parent company, eLandia International, Inc. The company also filed a request for waiver of Section 1.2105(b)(2) of the Commission's rules to permit an amendment to the Application to reflect the change in ownership. On February 28, 2011, AST filed an amendment to the Application seeking to withdraw the Application and the pending waiver request. Section 1.934 of the Commission's rules provides that an applicant may request withdrawal or dismissal of its application with or without prejudice.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-451A1_Rcd.pdf
  • AST had submitted a total upfront payment of $56,200 and, therefore, it was entitled to and did receive a refund of $7,200. Id. 5Id. at 12,755 � 31. 3680 accepted for filing.6AST filed several amendments to the Application that belatedly reflected changes in control of its parent company, eLandia International, Inc. The companyalso filed a request for waiver of Section 1.2105(b)(2) of the Commission's rules to permit an amendment to the Application to reflect the change in ownership.7On February 28, 2011, AST filed an amendment to the Application seeking to withdraw the Application and the pending waiver request. Section 1.934 of the Commission's rules provides that an applicantmayrequest withdrawal or dismissal of its application with or without prejudice.8However, Section 1.934(a)(2) states
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  • previous rounds of the auction. Detailed instructions for reviewing and downloading round results are provided in the Integrated Spectrum Auction System (ISAS) Bidder's Guide. The bidder's guide is included with qualified bidders' registration materials and is available in electronic form through the ``HELP'' link in the FCC Auction System. MAINTAINING APPLICANT OBLIGATIONS Prohibited Communications 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 its short-form application as a party with which the applicant has entered into an agreement under
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-634A1_Rcd.pdf
  • Media Bureau has accepted that showing. SeeMarnie K. Sarver, Esq., Letter, DA 11-584 (rel. March 31, 2011). Accordingly, the FCC Auction System records have been revised to show that WFCR is eligible to claim a newentrant bidding credit of 25 percent, and this Public Notice reflects that change. 6See Auction 91 Status Public Notice, at � 6. 7See47 C.F.R. � 1.2105(c); see also Auction 91 Procedures Public Notice, 25 FCC Rcd at 16792-96 �� 10-27. 5806 8.Each qualified bidder is solely responsible for ensuring the security of its computer systems and its registration materials and for ensuring that only authorized bidders place bids on its behalf. The Commission assumes no responsibility or liability for these matters. WARNING: Any unauthorized entity accessing
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  • Attachment A to this Public Notice lists the short-form applications for Auction 90 that are complete. Each of these applicants will become a qualified bidder upon receipt by the Commission of the required upfront payment by the January 21, 2011, deadline described below. Each applicant also must maintain the accuracy of its short-form application as required by sections 1.65 and 1.2105 of the Commission's rules. Attachment A also indicates the construction permit or permits selected by each applicant on its application. If an applicant claimed a New Entrant Bidding Credit, the applicant's claimed bidding credit percentage for each construction permit is indicated as 35 percent or 25 percent. Designation of an application as complete indicates that the applicant has provided the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-7A1_Rcd.pdf
  • Commercial Television Station Construction Permits Scheduled for February 15, 2011; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Procedures for Auction 90," AU Docket No. 10-147, Public Notice, DA 10-2008 (rel. November 1, 2010) ("Auction 90 Procedures Public Notice"). 2Seesection I.B., below; see also 47 C.F.R. � 1.2106 (upfront payment rule). 61 required by sections 1.65 and 1.2105 of the Commission's rules.3Attachment A also indicates the construction permit or permits selected by each applicant on its application. If an applicant claimed a New Entrant Bidding Credit,4the applicant's claimed bidding credit percentage for each construction permit is indicated as 35 percent or 25 percent. 4.Designation of an application as complete indicates that the applicant has provided the certifications and
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  • on Certain Communications To ensure the competitiveness of the auction process, the Commission's rules prohibit applicants for construction permits in any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements, unless such applicants have identified each other on their short-form applications as parties with whom they have entered into agreements under section 1.2105(a)(2)(viii). As explained more fully in the Auction 91 Procedures Public Notice, this prohibition began at the short-form application filing deadline at 6:00 p.m. ET on February 10, 2011, and continues until the down payment deadline, which is 6:00 p.m. ET on June 7, 2011. The prohibition on certain communications applies to all applicants in Auction 91 (unless they have identified
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-891A1_Rcd.pdf
  • on Certain Communications 35.To ensure the competitiveness of the auction process, the Commission's rules prohibit applicants for construction permits in any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements, unless such applicants have identified each other on their short-form applications as parties with whom they have entered into agreements under section 1.2105(a)(2)(viii).50As explained more fully in the Auction 91 Procedures Public Notice,this prohibition began at the short-form application filing deadline at 6:00 p.m. ET on February 10, 2011, and continues until the down payment deadline, which is 6:00 p.m. ET on June 7, 2011.51 36.The prohibition on certain communications applies to all applicants in Auction 91 (unless they have identified each other
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  • Attachment A to this Public Notice lists the short-form applications for Auction 92 that are complete. Each of these applicants will become a qualified bidder upon receipt by the Commission of the required upfront payment by the June 17, 2011, deadline described below. Each applicant also must maintain the accuracy of its short-form application as required by sections 1.65 and 1.2105 of the Commission's rules. Designation of an application as complete indicates that the applicant has provided the certifications and basic information concerning its qualifications as required by the Commission's competitive bidding rules for participation in the auction. Under the Commission's two-phased auction application process, a winning bidder must submit a long-form application after the close of the auction to demonstrate
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  • Complete Applications.Attachment A to this Public Notice lists the short-form applications for Auction 92 that are complete. Each of these applicants will become a qualified bidder upon receipt by the Commission of the required upfront payment by the June 17, 2011, deadline described below.2Each applicant also must maintain the accuracy of its short-form application as required by sections 1.65 and 1.2105 of the Commission's rules.3 1See "Auctionof 700 MHz Band Licenses Scheduled for July 19, 2011; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Procedures for Auction 92," AU Docket No. 10-248, Public Notice, DA 11-420, 26 FCC Rcd 3342 (2011)("Auction 92 Procedures Public Notice"). 2Seesection I.B., below; see also 47 C.F.R. � 1.2106 (upfront payment rule). 347
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  • Attachment A to this Public Notice lists the short-form applications for Auction 93 that are complete. Each of these applicants will become a qualified bidder upon receipt by the Commission of the required upfront payment by the February 22, 2012, deadline described below. Each applicant must also maintain the accuracy of its short-form application as required by sections 1.65 and 1.2105 of the Commission's rules. Attachment A indicates the construction permits selected by each applicant on its short-form application. If an applicant claimed a new entrant bidding credit, the applicant's claimed bidding credit percentage for each construction permit is indicated as 35 percent or 25 percent. Designation of an application as complete indicates the applicant has provided the certifications and basic
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  • Payments, and Other Procedures for Auction 93," AU Docket No. 11-146, Public Notice, DA 11-1845, 26 FCC Rcd 15484 (WTB/MB 2011) ("Auction 93 Procedures Public Notice"). A summary of this public notice was published at 76 Fed. Reg. 78645 (Dec. 19, 2011). 2Seesection I.B., below; see also 47 C.F.R. � 1.2106 (upfront payment rule). 1300 required by sections 1.65 and 1.2105 of the Commission's rules.3Attachment A indicates the construction permits selected by each applicant on its short-form application. If an applicant claimed a new entrant bidding credit,4the applicant's claimed bidding credit percentage for each construction permit is indicated as 35 percent or 25 percent. 4.Designation of an application as complete indicates the applicant has provided the certifications and basic information concerning
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  • previous rounds of the auction. Detailed instructions for reviewing and downloading round results are provided in the Integrated Spectrum Auction System (ISAS) Bidder's Guide. The bidder's guide is included with qualified bidders' registration materials and is available in electronic form through the ``HELP'' link in the FCC Auction System. APPLICANTs' continuing OBLIGATIONS Prohibited Communications The Bureaus remind applicants that sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants for construction permits in any of the same geographic license areas from communicating with another applicant about bids, bidding strategies, or settlements, which may include communications regarding post-auction market structure, unless each applicant has identified the other applicant on its short-form application as a party with which the applicant has entered into
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  • noon Eastern Time (ET) on Tuesday, March 20, 2012, must contact the Auctions Hotline directly at (717) 338-2868. Qualified bidders must have these registration materials to 3Auction 93 Procedures Public Notice, 26 FCC Rcd at 15487-88 �� 6-7;see alsoAuction 93 Status Public Notice. 4See Auction 93 Status Public Noticeat 2-3 � 6. See also47 C.F.R. � 73.5002(b). 5See47 C.F.R. �� 1.2105(c) and 73.5002(d); see also Auction 93 Procedures Public Notice, 26 FCC Rcd at 15488- 93 �� 8-28. 2386 submit bids. Receipt of the registration mailing is critical to participating in both the mock auction and the actual auction, and each qualified bidder must ensure that it hasreceived all registration information. B. Registration Material Replacement 10.In the event that a bidder's
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  • on Certain Communications To ensure the competitiveness of the auction process, the Commission's rules prohibit applicants for construction permits in any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements, unless such applicants have identified each other on their short-form applications as parties with whom they have entered into agreements under section 1.2105(a)(2)(viii). As explained more fully in the Auction 93 Procedures Public Notice, this prohibition began at the short-form application filing deadline at 6:00 p.m. ET on January 12, 2012, and continues until the down payment deadline, which is 6:00 p.m. ET on May 1, 2012. The prohibition on certain communications applies to all applicants in Auction 93 (unless they have identified
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  • on Certain Communications 31.To ensure the competitiveness of the auction process, the Commission's rules prohibit applicants for construction permits in any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements, unless such applicants have identified each other on their short-form applications as parties with whom they have entered into agreements under section 1.2105(a)(2)(viii).47As explained more fully in the Auction 93 Procedures Public Notice,this prohibition began at the short-form application filing deadline at 6:00 p.m. ET on January 12, 2012, and continues until the down payment deadline, which is 6:00 p.m. ET on May 1, 2012.48 32.The prohibition on certain communications applies to all applicants in Auction 93 (unless they have identified each other
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  • 183 1. Auction Default Payment 184 2. Performance Default Payment 189 VI. contact information 193 ATTACHMENT A: Summary of Eligible Census Blocks ATTACHMENT B: Road Categories, Descriptions, and Total Miles in Eligible Census Blocks ATTACHMENT C: Top 100 CMAs by Population ATTACHMENT D: List of Parties ATTACHMENT E: Summary Listing of Judicial, Commission and Bureau Documents Addressing Application of Section 1.2105(c)'s Prohibition on Certain Communications Between Auction Applicants GENERAL INFORMATION Introduction and Summary By this Public Notice, the Wireless Telecommunications Bureau (``Wireless Bureau'') and the Wireline Competition Bureau (``Wireline Bureau'') (collectively, the ``Bureaus'') establish the procedures that will be used for the reverse auction that will award $300 million in one-time Mobility Fund Phase I support. This auction, which is designated
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  • example, they claim that allowing an auction applicant to amend its bidding credit request to seek a lesser bidding credit may encourage applicants to not disclose accurate information concerning their bidding credit requests until after they are awarded the licenses. The Havens Parties also claim that this policy concerning the processing of applications is inconsistent with the terms of section 1.2105(b)(2), which states that ``any change in an applicant's size which would affect an applicant's eligibility for designated entity provisions'' is a major amendment. Havens Parties' Petitions to Deny. The Havens Parties also pursue their arguments in petitions to deny filed against Silke's and Two Way's long-form applications. The petition to deny against the Two Way application contains little more than
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  • 87, Public Notice, 25 FCC Rcd 6333, 6350 �72 (WTB 2010) (Procedures Public Notice). 447 C.F.R. �� 1.2110(f)(2), 22.217, 22.223. 5If an application is deemed complete, the applicant need only provide an upfront payment to qualify; if the application is deemed incomplete, the applicant must address the deficiencies identified by the Commission staff in an amended application. 6See 47 C.F.R �1.2105(b)(2) ("[t]he Commission will provide bidders a limited opportunity to cure defects [in their short-forms]. . . ."). 747 C.F.R. � 1.2105(b)(2). 8Id. 9Id. 10SeeAuction of Lower and Upper Paging Bands Licenses Scheduled for May 25, 2010; Comment Sought on Competitive Bidding Procedures for Auction 87, Public Notice, 25 FCC Rcd 6156 (WTB 2009) (Comment Public Notice). Auction 87 subsequently was
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  • 2010), Affidavit of Rudolph J. Geist. 47 C.F.R. � 1.2110(b). 47 C.F.R. � 1.2110(c)(5)(i)(C). 47 C.F.R. � 1.2110(c)(2)(i)(F). , supra. See 47 C.F.R. � 1.2110(c)(5)(i)(C). 6 Del.C. � 18-201(b). An applicant seeking treatment as a designated entity must certify that it is qualified as a designated entity at the time it files it short form application. See 47 C.F.R. � 1.2105(a)(2)(iv). See 47 C.F.R. � 1.2110(c)(5)(i)(C). See Petition to Deny or Dismiss of Gateway Telecom LLC dba StratusWave Communications, File No. 0004040539 (filed Mar. 8, 2010) at 7-10. See Fox River Broadcasting, Inc., Memorandum Opinion and Order, 93 FCC 2d 127, 129 � 6 (1983). See Joseph W. Bollinger and Donna M. Bollinger, Memorandum Opinion and Order, 16 FCC Rcd 18107,
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  • an apparent violation of the rule prohibiting certain communications occurs. See, e.g., Letter to Colby M. May, TCCSA, Inc., d/b/a Trinity Broadcasting Network, from Barbara A. Kreisman, Chief, Video Division, Media Bureau, and Margaret W. Wiener, Chief, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau, DA 05-2445, 20 FCC Rcd 14648 (2005) (finding apparent violation of communication prohibitions of section 1.2105(c) where applicants with mutually exclusive applications reported sharing same individual as an officer and director and reported having no bidding agreement). 47 C.F.R. �� 1.2112(a), 54.1005(a)(1). 47 C.F.R. �� 1.2112(a), 54.1005(a)(1). Section 54.1005 requires the disclosure on the short-form application of applicant ownership information as set forth in section 1.2112(a). 47 C.F.R. �� 1.2112(a), 54.1005. 47 C.F.R. � 1.2112(a)(7). 47
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  • a geographic area licensing scheme for licenses in these bands that we believe is appropriate in light of the services that may be provided consistent with our rules. There is nothing in the Commission's rules that would prevent any parties from participating as part of a consortium of service providers, so long as the consortium observes the Commission's rules. Section 1.2105(a) of the Commission's rules requires that applicants that have entered into consortia identify all consortium members and any agreements relating to the post-auction market structure, and consortia must comply with the anti-collusion provisions of Section 1.2105(c).290 Consortia may also qualify for bidding credits under our small business provisions. ' We also find that our partitioning and disaggregation rules offer licensees
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  • our overall goals described above, we establish a rebuttable presumption that, in certain circumstances, substantial public interest benefits will arise from a voluntary agreement between a 700 MHz licensee and an incumbent broadcast licensee on channels 59-69 that clears 118 the 700 MHz band of incumbent television licensees(s). Our threshold premise is that such 114 But see 47 C.F.R. � 1.2105(c) (anti-collusion rule). 115 47 C.F.R. �� 73.3580(d), 73.3572(a). Because analog and DTV broadcasting authority is conjoined in a single, unitary license, discontinuance of the analog over-the-air signal is a modification of license rather than a complete discontinuance of service. 116S�?47U.S.C. �316. For example, we can envision voluntary agreements that would result in a particular incumbent station in the 700 MHz
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  • this Erratum, we make the following two corrections: (a) the caption above replaces the caption on the Forfeiture Order, which inadvertently referenced an incorrect NAL/Acct. No.; and (b) the paragraph below replaces paragraph 5 of the Forfeiture Order, which inadvertently contained superfluous editorial material: 5. Turning to the instant case, we reject Northeast's claim that it did not violate section 1.2105(c) because it was not an applicant in Auction No. 44 on August 29, 2002, when the communication at issue took place. Northeast maintains that it ceased being an ``applicant,'' subject to section 1.2105(c), when it failed to make its upfront payment by the May 30, 2002, deadline. Although Northeast's failure to timely make its upfront payment disqualified it from bidding
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  • ADOPTED and Part 1 of the Commission's rules, 47 C.F.R. Part 1, is amended as set forth below in Appendix B, effective 30 days after publication in the Federal Register, except for the grandfathering provisions, which are effective upon release. The Commission will not conduct or sponsor any new or modified information collections required pursuant to Sections 1.913(a)(6); 1.913(b); 1.919(b)(5); 1.2105(a)(2)(ii)(B); 1.2110(b)(1)(i) and (ii); 1.2110(j) and (n); 1.2111(a), (b), and (c)(2) and (3); 1.2112(b)(1)(iii) and (iv), and (2)(iii), (v) and (vii); and 1.2114(b), (f), and (g) of the amended rules adopted herein until approval by the Office of Management and Budget (``OMB'') has been obtained under the Paperwork Reduction Act of 1995, P.L. 104-13. The Commission will publish notice in the
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  • to, and secured financing under, the new regulatory regime. Out of a total of 252 parties that filed short-form applications to participate in Auction 66 by the June 19, 2006 deadline, 166 parties claimed DE status. The Commission requires all applicants to certify that they are "legally, technically, financially and otherwise qualified" to participate in the auction. 47 C.F.R. � 1.2105(a)(2)(v) (emphasis added). In light of these facts, we assume that these DEs have secured financing that will enable them to participate, and find unpersuasive Petitioners' claim that DEs have been "locked out" of Auction 66 as a result of the rule changes promulgated in the Second Order. The public interest also militates strongly in favor of letting the auction proceed
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � Report No. 2829 August 22, 2007 CONSUMER & GOVERNMENTAL AFFAIRS BUREAU REFERENCE INFORMATION CENTER ------------------------------------------------------------------------ ------------------------------------------------------------------ RM NO. RULES SEC. PETITIONER DATE RECEIVED NATURE OF PETITION 11395 1.2105(a)(2)(xi) DirectTV Group, 06/08/2007 Petition for Expedited Rule Making to 1.2106(a) Inc., Amend Sections 1.2105(a)(2)(xi) and 1.2106(a) of the Commission' Rules EchoStar, LLC and/or for Interim Conditional Waiver (Filed By: Stacy Fuller DirectTV Group 444 N. Capital Street, NW Suite 728 Washington, DC 20001) (Filed By: Linda Kinney EchoStar, LLC 1233 20th Street, NW Washington, DC 20036) ________________________________________________________________________ ____________________________________FCC PUBLIC NOTICE
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 08-611 ERRATUM L. Elizabeth Bowles President Aristotle Inc. 401 West Capitol, Suite 700 Little Rock, AR 72201 Re: Aristotle Inc. - Request for Waiver of Section 1.2105(a) of the Commission's Rules By the Chief, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau: On January 23, 2008, the Auctions and Spectrum Access Division released a Letter, DA 08-96, in the above-captioned proceeding. The Letter was released in redacted form consistent with the limited information procedures for Auction 73. This Erratum corrects the subject line of the Letter to
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 08-613 ERRATUM William A. Gaylord Chief Operating Officer COLI, Inc. 7280 Rapid City Road Rapid City, MI 49676 Re: COLI, Inc. - Request for Waiver of Section 1.2105(a) of the Commission's Rules By the Chief, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau: On January 23, 2008, the Auctions and Spectrum Access Division released a Letter, DA 08-97, in the above-captioned proceeding. The Letter was released in redacted form consistent with the limited information procedures for Auction 73. This Erratum corrects the subject line of the Letter to
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 08-615 ERRATUM Carl W. Northrop Lisa Roberts Paul, Hastings, Janofsky & Walker, LLP 875 15th Street, N.W. Washington, D.C. 20005 Re: MetroPCS 700 MHz, LLC - Request for Waiver of Section 1.2105(a) of the Commission's Rules By the Chief, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau: On January 23, 2008, the Auctions and Spectrum Access Division released a Letter, DA 08-98, in the above-captioned proceeding. The Letter was released in redacted form consistent with the limited information procedures for Auction 73. This Erratum corrects the subject line of the Letter to
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 08-617 ERRATUM Carl W. Northrop Lisa Roberts Paul, Hastings, Janofsky & Walker, LLP 875 15th Street, N.W. Washington, D.C. 20005 Re: Triad 700, LLC - Request for Waiver of Section 1.2105(a) of the Commission's Rules By the Chief, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau: On January 23, 2008, the Auctions and Spectrum Access Division released a Letter, DA 08-99, in the above-captioned proceeding. The Letter was released in redacted form consistent with the limited information procedures for Auction 73. This Erratum corrects the subject line of the Letter to
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  • Matthew B. Berry, General Counsel, Federal Communications Commission, Daniel 2 M. Armstrong, Associate General Counsel, and Laurel R. Bergold, Counsel. Before: HENDERSON, ROGERS and BROWN, Circuit Judges. Opinion for the Court by Circuit Judge ROGERS. ROGERS, Circuit Judge: Star Wireless, LLC ("Star"), challenges the imposition of a monetary forfeiture for violating the Federal Communications Commission's "anti-collusion rule," 47 C.F.R. � 1.2105(c). The principal issue is whether the Commission's interpretation of its rule was not "ascertainably certain" when the relevant interactions between Star and Northeast Communications of Wisconsin ("Northeast") occurred. Star also contends that the Commission's application of the rule was arbitrary and capricious because the harm addressed by the rule did not occur and its application thus violated Star's commercial speech
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  • D Block bidders.'' Auction Timeline Auction Filing Window Opens. On November 19, 2007, the filing window opened for the submission of Form 175 (Short Form) Applications to participate in Auction 73. Auction 73 Quiet Period Starts. On December 3, 2007, at 6:00 PM ET the Short Form application filing window closed. The Commission received 266 short-form applications. Pursuant to Section 1.2105(c) of the Commission's rules, the anti-collusion prohibitions commenced on that date and would remain in effect until after the down payment deadline for the Quiet Period. Upfront Payment Deadline. On January 4, 2008, at 6:00 PM E.T., all Auction 73 upfront payments were due from bidders with accepted applications. Frontline did not make an upfront payment. On January 14, 2008,
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  • bidder. Biltmore Forest Broad. FM, Inc. v. FCC, 321 F.3d 155, 159 (D.C. Cir. 2003) ("Biltmore I"). Biltmore noted that � 73.5002(b) of the FCC's regulations provides that "[t]o participate in . . . [an] auction[ ], all applicants must timely submit short-form applications [ ], along with all required certifications, information and exhibits, pursuant to the provisions of Section 1.2105(a) and any Commission public notices." Pl.-Appellant's Final Br., Biltmore I, No. 01-1392, at 5 (D.C. Cir. July 18, 2002) (emphases in brief). The Public Notice stated that all applicants "must" provide the family media certification and that "[f]ailure to submit required information by the resubmission date will result in dismissal of the application and inability to participate in the auction."
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  • the Media Bureau requested information from applicants regarding the area and population proposed to be served. AM Auction No. 32 Mutually Exclusive Applicants Subject to Auction, Rep. No AUC-00-32-E (Auction No. 32), at 3 (Oct. 27, 2000). Such amendment was to be based on the technical proposal in the AM Auction filing window application. Id.; see also 47 C.F.R. � 1.2105; Auctions First Report & Order, 13 F.C.C.R. at 15,976, � 145. If the � 307(b) determination is dispositive and there are no competing applications for the same community, then staff will grant the application proposing to serve the community with the greater need and dismiss others as ineligible. Auctions First Report & Order, 13 F.C.C.R. at 15,965, � 120. If
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  • 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 � � ������������������������������������������������������������������������ ���� � � � @& �0� �0� �0� �0� �0� �0� ��� � R
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  • Division, Wireless Telecommunications Bureau (filed June 29, 1998). For consistency, we will refer to Mercury throughout this Memorandum Opinion and Order. Letter from Christopher J. Wright, General Counsel, to Eliot J. Greenwald, counsel for High Plains, 13 FCC Rcd. 7132 (April 6, 1998) (OGC Letter Decision on Reconsideration). Emergency Motion for Disqualification (filed Nov. 26, 1996). See 47 C.F.R. � 1.2105(c) (subject to certain exceptions not relevant here, applicants are prohibited from cooperating, collaborating, discussing, or disclosing the substance of their bids or bidding strategies with other applicants after the filing of short-form applications and before the submission of down payments). Emergency Motion for Disqualification at 2-3. Id. at 3. Id. Opposition to Emergency Motion for Disqualification at 5-8 (filed Dec.
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  • Paxson states that its amenability to relocation is contingent on: (1) having an ``acceptable'' DTV must carry rule in place; (2) having an established FCC policy for moving DTV allocations from the 700 MHz band; and (3) receiving ``reasonable compensation'' from auction bidders for terminating analog operations. Paxson Communications ex parte filing, May 3, 2000. But see 47 C.F.R. � 1.2105(c) (anti-collusion rule). 47 C.F.R. �� 73.3580(d), 73.3572(a). Because analog and DTV broadcasting authority is conjoined in a single, unitary license, discontinuance of the analog over-the-air signal is a modification of license rather than a complete discontinuance of service. See 47 U.S.C. � 316. For example, we can envision voluntary agreements that would result in a particular incumbent station in the
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  • Comments at 7-8; SBA Comments at 2-3; NTCA Reply Comments at 2-3. NTCA Reply Comments at 3. 47 U.S.C. �� 309(j)(3)(B), 309(j)(4)(C); see PCIA Comments at 7. See Wireless Telecommunications Bureau Grants Consent to Assign C and F Block Broadband PCS and SMR Licenses (Application File Nos. 0000016887, 0000016892), Public Notice, DA 00-213 (rel. Feb. 8, 2000). 47 C.F.R. � 1.2105. See, e.g., Geographic Partitioning and Spectrum Disaggregation by Commercial Mobile Radio Services Licensees and Implementation of Section 257 of the Communications Act - Elimination's of Market Barriers, WT Docket No.96-148, Report and Order and Further Notice of Proposed Rulemaking, 11 FCC Rcd 21831, 21843-44 �� 13-17 (1996) (Partitioning and Disaggregation Report and Order). NPRM, 14 FCC Rcd at 19273 �
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  • petitions for reconsideration and comments filed in response to the Part 1 Third Report and Order. The Fifth Report and Order addresses comments filed in response to the Second Notice, and the Fourth Notice adopted herein seeks comment on additional proposals relating to the general competitive bidding rules. EXECUTIVE SUMMARY 3. In this Order on Reconsideration we: ( Amend Section 1.2105(c)(1) of our rules to clarify that the prohibition on collusion begins on the filing deadline for short-form applications and ends on the down payment deadline. ( Clarify and correct the ownership disclosure requirements contained in Section 1.2112 of our rules. In particular, with respect to entities not seeking designated entity status, we eliminate the requirement to include debt and instruments
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  • procedures for the implementation of this paragraph, which procedures shall include a process for resolving any differences that arise regarding estimates of relocation or modification costs under this paragraph. NDAA-99, � 1064(c)(3) (codified at 47 U.S.C. � 923(g)(1)(E)). See NTIA Organization Act, Section 113 (g) (1) (A). See NTIA Organization Act, Section 113 (g) (1) (B). See 47 C.F.R. � 1.2105(a). See 47 CFR �1.1204(z)(5) of the Commission's rules on shared jurisdiction. NTIA and the FCC share jurisdiction over spectrum. See 47 USC, �� 301-303, 305, and 902. NTIA chairs the Interdepartment Radio Advisory Committee (IRAC) which is an interagency committee of Federal radio frequency managers that advises the executive branch on the Federal Government's use of the spectrum. Classified Government
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  • to dismiss its application without penalty, we deny the request to approve the agreement without considering whether any of its other provisions would provide additional reasons for its rejection. 2. Short-Form Application 14. There is no merit to BFBFM's contention that because Liberty's short-form application did not contain all requested information, it should now be summarily dismissed pursuant to Section 1.2105(b) of the Rules, 47 C.F.R. � 1.2105(b). The Public Notice, released July 9, 1999 by the Bureaus, announcing the filing procedures for this auction contains the following instruction that, as BFBFM notes, is addressed to ``All applicants.'' ``[B]idders or attributable interest holders in bidders must certify under penalty of perjury that the bidder complies with the Commission's policies relating to
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  • secondary auction. Finally, we remind parties that where a secondary auction leads to private band clearing agreements, the Commission must approve any regulatory requests necessary to the effectuation of such agreements. Collusion Issues Background. Applicants to participate in Commission spectrum auctions and their affiliates are prohibited from engaging in collusive conduct. The Commission's anti-collusion requirements may be found in Section 1.2105(c) and are intended to deter anticompetitive conduct during auctions of spectrum licenses and to ensure the competitiveness of post-auction markets. We have also made clear that, where evidence exists that violations of federal antitrust laws or the Commission's anti-collusion rules may have occurred, the Commission may investigate and/or refer such allegations to the United States Department of Justice for investigation.
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  • Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures ) ) ) ) ) ) ) ) ) WT Docket No. 97-82 Adopted: September 19, 2001 Released: September 27, 2001 By the Commission: iNTRODUCTION In this Seventh Report and Order, we adopt modifications to Section 1.2105(c) of the Commission's rules, the competitive bidding ``anti-collusion rule.'' Specifically, we amend the rule so that its language clearly reflects the Commission's practice of prohibiting communications regarding bids or bidding strategies only between auction applicants that have applied to bid on licenses in any of the same geographic areas. In addition, we amend the rule to (1) clarify that it
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  • Noordyk had reached a settlement in an unrelated rule making proceeding at about the time of Auction No. 25, did not participate in the auction after failing to make the required upfront payment. Henderson alleged that the settlement in the rule making proceeding included an agreement to secure Robbins's withdrawal from the auction, violating the anti-collusion provisions of 47 C.F.R. �1.2105(c). 4. On February 23, 2000, the Bureau issued a Letter Ruling denying both Henderson's Petition to Deny and his Petition for Partial Reconsideration (``Letter Ruling''). The Bureau concluded that Henderson failed to present a substantial and material question of fact as to the alleged collusion between Noordyk and Robbins. The Bureau also found that Noordyk's omission of the family interest
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  • Bidding Procedures, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000) (Part 1 Order on Reconsideration, Fifth Report and Order, and Fourth FNPRM) recons. pending. The Commission has also recently amended its prohibition on collusion in competitive bidding, which is found in Section 1.2105(c) of the Commission's rules. See Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, WT Docket 97-82, 16 FCC Rcd 17546 (2001). See also 47 C.F.R. � 1.2101 et seq. (Subpart Q -- Competitive Bidding Proceedings). See Gila River Comments at 13-14. See 47 C.F.R. � 1.2110(c)(5)(xi). See Gila River Comments at 13.
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  • 257 of the Communications Act - Elimination's of Market Barriers, WT Docket No.96-148, Report and Order and Further Notice of Proposed Rulemaking, 11 FCC Rcd 21831, 21833 n.2 (1996) (Partitioning and Disaggregation Report and Order). Further Notice, 16 FCC Rcd at 4212 � 306. Id. Id. at 4212 � 306. , supra. 47 U.S.C. �� 309(j)(3)(B), 309(j)(4)(C). 47 C.F.R. � 1.2105. See, e.g., Partitioning and Disaggregation Report and Order, 11 FCC Rcd at 21843-44 �� 13-17. Teligent Comments at 25-26. We codify this understanding at 47 C.F.R. � 101.1415. See Appendix D. We find that partitioning along county lines best comports with one of the underlying considerations for crafting CEAs, namely, that each CEA consists of a single economic node and
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  • Standards, U.S. Small Business Administration, to Daniel B. Phythyon, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, dated January 6, 1998. See Small Business Administration Tabulation File, SBA Size Standards Table 2C, January 23, 1996, SBA, Standard Industrial Code (SIC) categories 8050 (Nursing and Personal Care Facilities) and 8060 (Hospitals). (SBA Tabulation File). 47 C.F.R. � 1.2105. 47 C.F.R. � 1.913(a)(1). 47 C.F.R. � 1.2107. 47 C.F.R. � 1.1307. See, e.g., 47 C.F.R. � 1.928 (regarding frequency coordination arrangements between the U.S. and Canada). 47 C.F.R. � 1.924. We discuss FAS coordination in the section describing coordination with Government incumbents. See supra Section III.E.3. See 5 U.S.C. � 603(c). See supra Section III.B.5 See supra Section III.A.3.
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  • will not apply if the applicant has timely filed a challenge through an adminstrative appeal or a contested judicial proceeding either to the existence or amount of the non-tax delinquent debt owed the Commission. The provisions of paragraphs (b)(2) and (b)(3) of this section will not apply where more restrictive rules govern treatment of delinquent debtors, such as 47 CFR 01.2105(a)(2)(x) and (xi). Applications emergency applications or special temporary authority involving safety of life or property (including national security emergencies), will not be subject to the provisions of paragraphs (a) and (b) of this section. However, paragraphs (a) and (b) will be applied to permanent authorizations for these services. � 1.1911 Demand for payment. Written demand as described in paragraph (b)
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  • and 76 of the Commission's Rules, Adoption of a Mandatory FCC Registration Number, 16 FCC Rcd 16138, 16139 (2001) (FRN Order). FRN Order, supra. FRN NPRM, 15 FCC Rcd at 24371; FRN Order, 16 FCC Rcd at 16138-39. 47 U.S.C. �� 158(c)(2), 159(c)(2). See 47 C.F.R. �� 1.1109(c), 1.1109(d)(1); 1.1112(a)(1)(i); 1.1112(a)(2)(ii); 1.1157(a)(2); 1.1161(a)(1)(i); 1.1161(a)(2)(ii); 1.1164(e); and 1.1166(c). 47 C.F.R. � 1.2105(a)(2)(x). See also 47 C.F.R. � 1.2105(a)(2)(xi). These rules are not affected by the proposed red light rule. 47 C.F.R. � 1.2105(b). 47 C.F.R. � 254(h)(1)(B)(``All telecommunications carriers serving a geographic area shall, upon a bonafide request for any of its services that are within the definition of universal service under subsection (c) (3) of this section, provide [universal]service to elementary
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  • or companies only to give the total number of such entities for 1997, which was 1,089. U.S. Census Bureau, 1997 Economic Census, Industry Series: Manufacturing, "Industry Statistics by Employment Size," Table 4, NAICS code 334220 (issued Aug. 1999). Id. Table 5, "Industry Statistics by Industry and Primary Product Class Specialization: 1997." See 47 C.F.R. � 1.913(a)(1). See 47 C.F.R. � 1.2105. See 47 C.F.R. � 1.913(a)(1). See 47 C.F.R. � 1.2107. 47 C.F.R. � 1.1307. See, e.g., 47 C.F.R. � 1.928 (regarding frequency coordination arrangements between the U.S. and Canada). 47 C.F.R. 1.924. FAS coordination is required for DSRCS stations within 75 kilometers of certain government radar locations listed in 47 C.F.R. � 90.371(b). See 5 U.S.C. � 603(c). . As
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  • 309(j)(6)(E). That section states: ``Nothing . . . in the use of competitive bidding shall be construed to relieve the Commission of the obligation in the public interest to continue to use engineering solutions, negotiation . . . and other means in order to avoid mutual exclusivity in application and licensing proceedings.'' 47 U.S.C. � 309(j)(6)(E). See 47 C.F.R. �� 1.2105(c) and 73.5002(d). Id. � 1.1205(c)(1). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Services, MM Docket No. 97-234, First Report & Order, 13 FCC Rcd 15920, 15927 (1998). See also AM Auction No. 32 Mutually Exclusive Applicants Subject to Auction, Public Notice, DA 00-2416 (released October 27, 2000). See
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  • Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, WT Docket No. 97-82, 15 FCC Rcd 15293 (2000), recons. pending (Part 1 Order on Reconsideration, Fifth Report and Order, and Fourth FNPRM). The Commission has also recently amended its prohibition on collusion in competitive bidding, which is found in Section 1.2105(c) of the Commission's Rules. See Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, WT Docket 97-82, FCC 01-270 (Sept. 27, 2001). Consistent with our established competitive bidding scheme, matters such as the appropriate competitive bidding design for the auction of AMTS licenses, as well as minimum opening bids and maximum bid increments,
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  • Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, WT Docket No. 97-82, 15 FCC Rcd 15293 (2000), recons. pending (Part 1 Order on Reconsideration, Fifth Report and Order, and Fourth FNPRM). The Commission has also recently amended its prohibition on collusion in competitive bidding, which is found in Section 1.2105(c) of the Commission's Rules. See Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, WT Docket 97-82, FCC 01-270 (Sept. 27, 2001). Consistent with our established competitive bidding scheme, matters such as the appropriate competitive bidding design for the auction of AMTS licenses, as well as minimum opening bids and maximum bid increments,
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  • Part 1 of the Commission's Rules - Competitive Bidding Procedures, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000) (modified by Erratum, DA 00-2475 (rel. Nov. 3, 2000)) (Part 1 Order on Reconsideration) (recons. pending). More recently, the Commission adopted modifications to Section 1.2105(c) of the Commission's rules, the competitive bidding ``anti-collusion rule.'' Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Seventh Report and Order, FCC 01-270 (rel. Sept. 27, 2001). See also 47 C.F.R. � 1.2101 et seq. Notice, 16 FCC Rcd at 4302, � 12. Id. Id. Id. See 47 C.F.R. � 1.2110(f)(3). A
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  • not have standing to challenge the award of the thirty-one challenged licenses on which High Plains did not bid and that were won by another entity, Mercury PCS II, LLC (``Mercury''). See also U.S. Airwaves, 232 F.3d at 232. High Plains, 276 F.3d at 605; U.S. Airwaves, 232 F.3d at 232. April 3 Application at 3-4. See 47 C.F.R. � 1.2105(a); see also C and F Block Broadband PCS Spectrum Auction Scheduled for December 12, 2000, Public Notice, 15 FCC Rcd. 19,485, 19,531 (2000). See TPS Utilicom, Inc., Form 175 Application (Nov. 28, 2000); see also Auction of Licenses for the C and F Block Broadband PCS Spectrum, Public Notice, DA 00-2725, at Attachment B, 24 (rel. Dec. 1, 2000). High
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  • to 517211 in October 2002). 13 C.F.R. � 121.201, North American Industry Classification System (NAICS) code 513322 (changed to 517212 in October 2002). FCC, Wireline Competition Bureau, Industry Analysis and Technology Division, ``Trends in Telephone Service'', Table 5.3, page 5-5 (Aug. 2003). This source uses data that are current as of December 31, 2001. Id. See generally, 47 C.F.R. � 1.2105. 47 C.F.R. � 1.913(a)(1). 47 C.F.R. � 1.2107. See 5 U.S.C. � 603(c)(1)-(4). RCA Comments at 2-3; see also U.S. Cellular Comments at 5-7. While we did not receive any comments from Tribal governments, we remain interested in ensuring that the communication needs of these communities are met. See AWS Service Rules NPRM, 17 FCC Rcd at 24146-47 � 25;
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  • not foreclosed by its section 309(j)(6)(E) obligation). The Commission's decision to prohibit mutually exclusive applicants for new facilities in MX Group AM 04 from discussing or negotiating settlement agreements after submitting FCC Form 175 applications to participate in an auction was to maintain the effectiveness of the Commission's anti-collusion rule. The prohibition of collusion set forth in 47 C.F.R. � 1.2105(c) applies to all broadcast service auctions. 47 C.F.R. � 73.5002(d). 47 C.F.R. � 1.2105(c) provides that, after the short form filing deadline, applicants generally are prohibited from discussing the substance of their bids or bidding strategies, or discussing or negotiating settlement agreements, with other applicants that have applied to bid on the same licenses or permits. Broadcast Auction Memorandum Opinion
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  • and will not be subject to auction. (b) To participate in broadcast service or ITFS auctions, or to apply for a noncommercial educational station, as described in 47 U.S.C. � 397(6), on a non-reserved channel, all applicants must timely submit short-form applications (FCC Form 175), along with all required certifications, information and exhibits, pursuant to the provisions of 47 CFR 1.2105(a) and any Commission public notices. So determinations of mutual exclusivity for auction purposes can be made, applicants for non-table broadcast services or for ITFS must also submit the engineering data contained in the appropriate FCC form (FCC Form 301, FCC Form 346, FCC Form 349 or FCC Form 330). Beginning January 1, 1999, all short-form applications must be filed electronically.
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  • small business, or entrepreneur, as those terms are defined in the service-specific rules. Each individual member must constitute a separate and distinct legal entity to qualify. * * * * * 9. Revise � 1.2112 to read as follows: � 1.2112 Ownership disclosure requirements for applications. (a) Each application to participate in competitive bidding (i.e., short-form application (see 47 CFR 1.2105)), or for a license, authorization, assignment, or transfer of control shall fully disclose the following: (1) List the real party or parties in interest in the applicant or application, including a complete disclosure of the identity and relationship of those persons or entities directly or indirectly owning or controlling (or both) the applicant; (2) List the name, address, and citizenship
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  • 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309 and 325(e). 2. Section 1.65 is amended by revising paragraph (b) to read as follows: � 1.65 Substantial and significant changes in information furnished by applicants to the Commission. * * * * * b) Applications in broadcast services subject to competitive bidding will be subject to the provisions of �� 1.2105(b), 73.5002 and 73.3522 regarding the modification of their applications. * * * * * Section 1.815 is amended by deleting and reserving paragraph (c)(1). Section 1.933 is amended by adding paragraphs (c)(8) and (c)(9) to read as follows: � 1.933 Public notices. * * * * * (c) * * * (8) Broadband Radio Service; and (9) Educational Broadband Service.
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  • would proceed to auction, and that Combs's application would be dismissed upon award of a construction permit to one of the other three applicants. 3. In the Staff Decision, the Bureau also denied Combs's November 28, 2001, Petition for Leave to Amend and accompanying waiver request (collectively ``November 2001 Amendment Petition''). Combs requested waiver of the anti-collusion provision of Section 1.2105 of our Rules, and sought leave to file a unilateral technical amendment to his Form 175 application to eliminate the mutual exclusivity between it and the three Las Vegas-area applications. Combs argued that grant of the waiver would be favored under Section 307(b) by allowing grant of two applications from MX Group AM 20 rather than one. The staff denied
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  • the petitions and comments that specifically addressed the Part 1 Third Report and Order. See id. MetroPCS Petition at 6; TTPS Petition at 5. MetroPCS Petition at 6 (emphasis in original). Id. at 5. Supra paragraph 5. Id. See, e.g., 47 C.F.R. �� 1.946(c), 24.103(h); 24.203(a),(b); 90.155(a); 90.633(d); 101.1011(a); 101.1325(c). NextWave Petition at 4. 47 C.F.R. � 1.2106. Id. � 1.2105(a)(2)(xi). This requirement has been in effect for C block applicants since 1998 (see id. � 1.2105(a)(2)(xi) (1998)) and for all applicants since 2000. Id. � 1.2104(g)(1). Id. � 1.2104(g)(2) TTPS Petition at 5-6. Debt Collection Act, as amended, 31 U.S.C. Chapter 37. Federal Claims Collection Standards, 4 C.F.R. Parts 101-105. (...continued from previous page) (continued....) Federal Communications Commission FCC 04-21
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  • Public Notice will be returned as premature. At a subsequent time, a Public Notice will announcement the commencement of a filing procedure in which applications will accepted on a first-come, first-served basis not restricted to existing station licensees and permittees. (B) Applications for companion digital channels filed during the initial window shall be filed in accordance with the provisions of ��1.2105 and 73.5002 regarding the submission of the short-form application, FCC Form 175, and all appropriate certifications, information and exhibits contained therein. To determine which applicants are mutually exclusive, applicants must submit the engineering data contained in FCC Form 346 as a supplement to its short-form application. Such engineering data will not be studied for technical acceptability, but will be protected
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  • here is based specifically on the factors discussed above, i.e., our prohibition of leasing agreements with ineligible entities and our belief that our milestone requirements will deter ineligible entities from seeking a minority interest in a company in order to acquire the two 61.5� W.L. channels after the expiration of our eligibility restriction. 47 C.F.R. �� 1.2110(c)(2)(ii)(A)(1). 47 C.F.R. �� 1.2105(c)(2)(ii)(H) & (I). Rainbow DBS March 22 Ex Parte at 2. 47 C.F.R. � 1.2105(a)(2)(v). >. More recently, James Dolan, the CEO of Cablevision, stated that the planned spin-off of its Rainbow Media Entertainment Inc. division, which includes Rainbow DBS as well as three national programming networks and other assets, would be delayed but should still happen sometime early in the
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  • 309(j)(1) & (2). This auction will be limited to the parties in each of the nine groups of applicants that have filed mutually exclusive applications, which constitute closed filing groups. See 47 C.F.R. � 22.131. These parties will be required to file short-form applications (FCC Form 175) and submit upfront payments to participate in the auction. See 47 C.F.R. �� 1.2105(a) & (b), 1.2106. See 47 C.F.R. �� 1.2101-1.2113. 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, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374, 448 ��124-125 (1997) (``Part 1 Third R&O'') (directing WTB to
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  • 309(j)(1) & (2). This auction will be limited to the parties in each of the nine groups of applicants that have filed mutually exclusive applications, which constitute closed filing groups. See 47 C.F.R. � 22.131. These parties will be required to file short-form applications (FCC Form 175) and submit upfront payments to participate in the auction. See 47 C.F.R. �� 1.2105(a) & (b), 1.2106. See 47 C.F.R. �� 1.2101-1.2113. 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, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374, 448 ��124-125 (1997) (``Part 1 Third R&O'') (directing WTB to
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  • will not apply if the applicant has timely filed a challenge through an administrative appeal or a contested judicial proceeding either to the existence or amount of the non-tax delinquent debt owed the Commission. The provisions of paragraphs (b)(2) and (b)(3) of this section will not apply where more restrictive rules govern treatment of delinquent debtors, such as 47 CFR 1.2105(a)(2)(x) and (xi). (1) Applications for emergency or special temporary authority involving safety of life or property (including national security emergencies) or involving a brief transition period facilitating continuity of service to a substantial number of customers or end users, will not be subject to the provisions of paragraphs (a) and (b) of this section. However, paragraphs (a) and (b) will
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  • imposition of default payments to winning bidders who fail to make required payments post-auction). As the Commission has stated, awarding licenses to those who value them the most encourages growth while maintaining safeguards against anticompetitive behavior. Competitive Bidding Second Report and Order, 9 FCC Rcd at 2349-50 � 5. See also Mountain Solutions, 197 F.3d 512. See 47 C.F.R. � 1.2105(a)(2)(v). See also Requests for Extension of the Commission's Initial Non-Delinquency Period for C and F Block Installment Payments, Order, 13 FCC Rcd 22,071, 22,072 (1998). See NextWave, 537 U.S. 293. See Competitive Bidding Second Report and Order, 9 FCC Rcd at 2381-82 � 192. However, should the Commission determine that such post-processing payment procedures are in the best interests of
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  • 25218. 13 C.F.R. � 121.201, NAICS code 517211. 13 C.F.R. � 121.201, NAICS code 517212. 13 C.F.R. � 121.201, NAICS code 517212. FCC, Wireline Competition Bureau, Industry Analysis and Technology Division, ``Trends in Telephone Service'' at Table 5.3, page 5-5 (May 2004). This source uses data that are current as of October 22, 2003. Id. See generally, 47 C.F.R. � 1.2105. 47 C.F.R. � 1.913(a)(1). 47 C.F.R. � 1.2107. See 5 U.S.C. � 603(c)(1)-(4). While we did not receive any comments from Tribal governments, we remain interested in ensuring that the communication needs of these communities are met. See AWS Service Rules NPRM, 17 FCC Rcd at 24146-47 � 25; see also Statement of Policy on Establishing a Government-to-Government Relationship with
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  • Commission's spectrum auctions do so with the knowledge that they are bidding against entities whose short-form applications have been subject to only an initial screening process rather than an in-depth review of the applicants' qualifications. Such was the case in Auction No. 25. In that auction, Winstar submitted a short-form application that contained the certifications and attachments required under Section 1.2105 of the Commission's rules to meet the minimum threshold requirement for participation in an auction. Winstar's short-form application was accepted for filing, and Winstar timely submitted the required upfront payment. Thus, the Commission found it to be a qualified bidder. Copeland, who also was qualified to bid on the Virginia Beach television station, submitted its bids with the understanding that
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  • of applicants that have filed mutually exclusive applications. Air-Ground Auction Notice, 20 FCC Rcd at 4464 � 169. See also 47 C.F.R. � 22.131. These parties will be required to file short-form applications (FCC Form 175) and submit upfront payments to participate in the auction. Air-Ground Auction Notice, 20 FCC Rcd at 4464 � 169. See also 47 C.F.R. �� 1.2105(a) & (b), 1.2106. Air-Ground Order, 20 FCC Rcd at 4431 � 53. Id. Id. See Space Data Petition at 4-8. See Space Data Reply at 6. See CTIA Opposition to Space Data Petition for Reconsideration (filed June 16, 2005) (CTIA Opposition); Boeing Opposition to Petition for Reconsideration (filed June 16, 2005) (Boeing Opposition); Nextel Opposition to Petition for Reconsideration (filed
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  • of the Code of Federal Regulations. Prospective applicants must also be thoroughly familiar with the procedures, terms and conditions (collectively, ``terms'') contained in this Public Notice and the Commission's decisions in proceedings regarding competitive bidding procedures, application requirements, and obligations of Commission licensees. . Prohibition of Collusion; Compliance with Antitrust Laws To ensure the competitiveness of the auction process, Section 1.2105(c) of the Commission's rules prohibit applicants competing for licenses in any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements unless such applicants have identified each other on their short-form applications (FCC Forms 175) as parties with whom they have entered into agreements pursuant to Section 1.2105(a)(2)(viii). In Auction No. 66, the
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  • Id. at 7. It is unclear whether Verizon is suggesting that winning bidders pay 50 percent of their outstanding balances or, rather, an amount sufficient to bring their total deposits up to 50 percent of their winning bids. Id. at 6. FCC v. Nextwave Personal Communications, Inc., 537 U.S. 293 (2003) (``Nextwave''). Verizon Comments at 6-7. See 47 C.F.R. � 1.2105(a)(2)(v). See also Requests for Extension of the Commission's Initial Non-Delinquency Period for C and F Block Installment Payments, Order, 13 FCC Rcd 22,071, 22,072 (1998). Consistent with our expectation that entities will have their financing in place before the start of the auction, the new rule will apply in all auctions where the start of bidding occurs after the rule's
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  • 1.2114 shall file an FCC Form 602, or file an updated form if the ownership information on a previously filed FCC Form 602 is not current, at the time it submits: * * * * * (5) An application reporting any reportable eligibility event, as defined in � 1.2114. * * * * * 4. Revise paragraph (a)(2)(ii)(B) of � 1.2105 to read as follows: � 1.2105 Bidding application and certification procedures; prohibition of collusion. (a) * * * (2) * * * (ii)(B) Applicant ownership and other information, as set forth in 1.2112. * * * * * 5. In paragraph � 1.2110, paragraphs (b)(1)(i)-(ii) and (j) are revised , paragraphs (n) and (o) are redesignated as paragraphs (o) and
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  • Procedures Public Notice at � 75. Moreover, if an applicant makes any changes to ownership information in its FCC Form 602 after starting its short-form application for Auction No. 66, those ownership changes are not automatically carried over to the short-form application. The applicant would need to update the ownership information directly in the short-form application. See 47 C.F.R. � 1.2105(c)(1). See Auction No. 66 Procedures Public Notice at �� 15-23. Auction No. 66 Procedures Public Notice at � 20. The Commission's rules expressly provide that any short-form-form application that does not contain all of the certifications required is unacceptable for filing and cannot be corrected subsequent to the applicable filing deadline. 47 C.F.R. � 1.2105(b)(1). 47 C.F.R. � 1.2105(a)(2)(v) and
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  • Service Licenses Scheduled for May 10, 2006, Comment Sought on Reserve Prices of Minimum Opening Bids and Other Procedures, Public Notice, DA 06-3 (rel. January 10, 2006), 71 FR 3513 (January 23, 2006). In light of the current auction schedule, any provisions that we may adopt regarding pending auctions may apply in that auction as well. See 47 C.F.R. See 1.2105(a)(2)(iv). Cf. 47 C.F.R. 1.2105(a)(2)(iv) (parallel statement currently required as of the date of filing the short-form application). Pursuant to its delegated authority to conduct auctions, the Wireless Telecommunications Bureau will establish any detailed procedures necessary for making required amendments and announce such procedures by public notice. See 47 C.F.R. �� 0.131, 0.331. While prior certifications may be a prerequisite to
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  • preserve the integrity of the subsequent auction. Declaratory Ruling on Anti-Collusion Rule Reporting Requirement To further our policy of preventing collusive behavior in Commission auctions, we take this opportunity to clarify by declaratory ruling and conforming textual edit the obligation that applicants in Commission auctions have to report any communications of bids or bidding strategies that are prohibited by Section 1.2105(c)(1) of the Commission's rules. Pursuant to Section 1.2105(c)(6), any applicant that makes or receives such a communication shall report such communication in writing to the Commission immediately, and in no case later than five business days after the communication occurs. As noted in the Commission's Order adopting Section 1.2105(c)(6), the Commission cannot ``take on the impossible task of screening all
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1_Erratum.doc
  • preserve the integrity of the subsequent auction. Declaratory Ruling on Anti-Collusion Rule Reporting Requirement To further our policy of preventing collusive behavior in Commission auctions, we take this opportunity to clarify by declaratory ruling and conforming textual edit the obligation that applicants in Commission auctions have to report any communications of bids or bidding strategies that are prohibited by Section 1.2105(c)(1) of the Commission's rules. Pursuant to Section 1.2105(c)(6), any applicant that makes or receives such a communication shall report such communication in writing to the Commission immediately, and in no case later than five business days after the communication occurs. As noted in the Commission's Order adopting Section 1.2105(c)(6), the Commission cannot ``take on the impossible task of screening all
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  • Policy Statement), in which the Commission said that [i]n many cases, trusts are established for personal and economic reasons unrelated to any Commission rule . . . and should be facilitated to the extent possible.'' Stratos Global also notes that many Commission rules recognize that a trust may hold Commission licenses. Stratos Global Opposition at 7 (citing 47 C.F.R. �� 1.2105(a)(ii)(A) (competitive bidding rules); 22.99 (experimental license); 25.103 (satellite communications); 90.7 (private land mobile radio service)). Attribution Policy Statement, 97 F.C.C. 2d at 1023, � 53. Id. Id. Twentieth Holdings, 4 FCC Rcd at 4052, � 4. In that case Twentieth Holdings put one of its television station licensees into a trust to avoid a violation of the Commission's media cross
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  • (1995). Application of Compass Systems, Inc. for Authority to Construct an International Direct Broadcast Satellite System, File No. SAT-MSC-20020325-00054 (Compass Application). Compass Application at 25. Compass Application at 6. In addition, Compass failed to meet other filing requirements of the Commission's rules, including the requirement to file its application electronically. Letter Decision, 18 FCC Rcd at 3091; 47 C.F.R � 1.2105(a) (2002). Letter Decision, 18 FCC Rcd at 3092 n. 7 (citing Auction of Direct Broadcast Satellite Service Licenses Scheduled for August 6, 2003, Public Notice, 18 FCC Rcd 3478, FCC 03-40 (rel. March 3, 2003)). Letter Decision, 18 FCC Rcd at 3092 n. 6 (citing Auction of Multichannel Video Distribution and Data Service Licenses Rescheduled for June 25, 2003, Public
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  • deny an Application for Review filed by Star Wireless, LLC (``Star'') and a Petition for Reconsideration filed by Northeast Communications of Wisconsin, Inc. (``Northeast''). The Application and Petition were filed in response to forfeiture orders issued by the Enforcement Bureau (``Bureau'') that imposed a monetary forfeiture in the amount of $100,000 against each company for its willful violation of section 1.2105(c) of the Commission's rules, which prohibits auction collusion. Although we uphold the Bureau's finding of liability for both Star and Northeast, we reduce the forfeiture for each licensee to $75,000 because of their history of compliance with Commission rules. BACKGROUND The facts that formed the basis for the forfeitures are set forth in detail in the NALs and the Forfeiture
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  • Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rulemaking, 15 FCC Rcd 15293, 15300 (2000), the Commission later modified the rule and stated it would no longer require applicants to include information regarding stock options as part of the 10 percent reporting requirement unless and until conversion is effected. Form 175 and 47 C.F.R. � 1.2105(a)(2)(viii) require auction applicants to identify ``all parties with whom the applicant has entered into . . . agreements, arrangements or understandings of any kind relating to the licenses being auctioned, including any such arrangements relating to the post-auction market structure.'' The requirement was instituted to safeguard both the competitiveness of the auction process and of the post-auction market structure, and
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  • F Block Auction Closes,'' No. 71744 (released January 14, 1997). See ``C, D, E, and F Block Broadband PCS Auction Closes,'' Public Notice, 14 FCC Rcd 6688 (WTB 1999). See ``C and F Block Broadband PCS Auction Closes; Winning Bidders Announced,'' Public Notice, 16 FCC Rcd 2339 (2001). 13 C.F.R. � 121.201, NAICS code 517210. See generally 47 C.F.R. � 1.2105. 47 C.F.R. � 1.913(a)(1). 47 C.F.R. � 1.2107. 5 U.S.C. � 603(c)(1) - (c)(4). See AWS-2 NPRM, 19 FCC Rcd at 19307-10 � 119-124; AWS-3 NPRM, 22 FCC Rcd at 17096-98 � 150-54. AWS-2 NPRM, 19 FCC Rcd at 19308-09 � 122; AWS-3 NPRM, 22 FCC Rcd at 17097 � 152. AWS-2 NPRM, 19 FCC Rcd at 19309-10 � 123-24;
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  • the non-reserved FM band, the 70 dB� contour predicted by the alternate method may not be greater than the 60 dB� contour predicted by the standard methodology. 2. Section 73.3571 is proposed to be amended, in part, to read as follows: � 73.3571 Processing of AM broadcast station applications. (h)(1)(ii) Such AM applicants will be subject to the provisions of ��1.2105 and 73.5002 regarding the submission of the short-form application, FCC Form 175, and all appropriate certifications, information and exhibits contained therein. To determine which AM applications are mutually exclusive, AM applicants must submit the engineering data contained in FCC Form 301 as a supplement to the short-form application. Such engineering data will be studied for compliance with the technical requirements
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  • interest in the applicant, and any FCC regulated entity in which the applicant holds a 10 percent or greater interest). See Section III.B ``Eligibility for Mobility Fund'' supra. We note that we propose below that the Commission have the discretion to determine how much, if any, information regarding Mobility Fund short-form applications should be made public. Cf. 47 C.F.R. � 1.2105(b)(2). Id. Major amendments would include, for example, changes in ownership of the applicant that would constitute an assignment or transfer of control. In addition, applicants who fail to correct defects in their applications in a timely manner as specified by public notice would have their applications dismissed with no opportunity for resubmission. Cf. 47 C.F.R. � 1.2105(b)(3). We note that
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  • certify under penalty of perjury that they, their affiliates, their controlling interests, and the affiliates of their controlling interests, as defined by Section 1.2110 of the Commission's rules, are not in default on any payments for Commission licenses (including down payments), and that they are not delinquent on any non-tax debt owed to any Federal agency. See 47 C.F.R. �� 1.2105(a)(2)(x), 1.2105(b)(1), and 1.2110; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293, 15317 para. 42 and n.142 (``If any one of an applicant's controlling interests or
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  • or directional; day, night, critical hours). Applications lacking any of these categories of data will be immediately dismissed without an opportunity for amendment. This one-time opportunity to file a curative amendment is restricted to the tech box submission portion of new and major change AM broadcast applications and is distinct from the limited opportunity to cure defects provided under Section 1.2105(b)(2), which occurs later in the pre-auction process. 47 C.F.R. � 73.21. See Broadcast Auction First Report and Order, 13 FCC Rcd at 15978. Accordingly, under Sections 1.2105(c) and 73.5002(d) of the Commission's Rules, which apply upon the filing of short-form applications, applicants for construction permits in any of the same geographic license areas are prohibited from communicating with each other
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  • the Matter of Procedural Amendments to Commission Part 1 Competitive Bidding Rules ) ) ) ) ) WT Docket No. 10-18 order Adopted: January 6, 2010 Released: January 7, 2010 By the Commission: introduction By this Order, we make two procedural amendments to our competitive bidding rules. First, we amend the rule specifying how to report potential violations of section 1.2105(c), which prohibits certain communications between auction applicants. We provide that such reports shall be made as directed by public notice or, absent such direction, solely to the Auctions and Spectrum Access Division (``Division'') of the Wireless Telecommunications Bureau (``Bureau'') by the most expeditious means available. Currently, such reports are made both to the Division and to the Office of the
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  • D.C. 20554 In the Matter of Procedural Amendments to Commission Part 1 Competitive Bidding Rules )))))WT Docket No. 10-18 ORDER Adopted: January 6, 2010 Released: January 7, 2010 By the Commission: I. INTRODUCTION 1. By this Order, we make two procedural amendments to our competitive bidding rules. First, we amend the rule specifying how to report potential violations of section 1.2105(c), which prohibits certain communications between auction applicants.1We provide that such reports shall be made as directed by public notice or, absent such direction, solely to the Auctions and Spectrum Access Division ("Division") of the Wireless Telecommunications Bureau ("Bureau") by the most expeditious means available. Currently, such reports are made both to the Division and to the Office of the Secretary
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  • applications-those of AMTS Consortium, LLC (``Consortium''), Telesaurus-VPC, LLC (``Telesaurus''), and Mobex Network LLC (``Mobex'')-as accepted for filing. The Consortium and Telesaurus short-form applications both identified Warren C. Havens as the controlling interest but indicated that these entities had different ownership structures. The Auction 57 Status Public Notice listed two applications-those of PSI and Thomas K. Kurian-as incomplete. Pursuant to Section 1.2105(b)(2) of the Commission's rules, applicants whose applications were incomplete were provided with an opportunity to cure the deficiencies in their applications and resubmit them by August 20, 2004. Both PSI and Thomas K. Kurian submitted amended applications by this deadline. Mobex's Requests. One week before the upfront payment deadline of August 20, 2004, Mobex submitted several filings seeking a delay
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  • to Participate in the Auction," Public Notice, 19 FCC Rcd 14,874 (WTB 2004) ("Auction 57 Status Public Notice"). 7Id. at 14,879 Attachment A. 4037 Federal Communications Commission FCC 10-54 Havens as the controlling interest but indicated that these entities had different ownership structures.8 The Auction 57 Status Public Noticelisted two applications-those of PSI and Thomas K. Kurian-as incomplete.9Pursuant to Section 1.2105(b)(2) ofthe Commission's rules, applicants whose applications were incomplete were provided with an opportunity to cure the deficiencies in their applications and resubmit them by August 20, 2004.10Both PSI and Thomas K. Kurian submitted amended applications by this deadline.11 7.Mobex's Requests. One week before the upfront payment deadline of August 20, 2004, Mobex submitted several filings seeking a delay of the
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  • FCC Rcd at 6018-20, �� 11-16; 6038, App. B. VRS Practices R&O, 26 FCC Rcd at 5586, � 90 (citing 47 C.F.R. � 1.16). See 47 C.F.R. � 1.17. See VRS Practices R&O, 26 FCC Rcd at 5586, � 90. We note that the Commission's rules require similar certifications in other application and report contexts. See, e.g., 47 C.F.R. � 1.2105 (requiring applicants for eligibility to bid in Commission auctions to make various certifications under penalty of perjury, including, for instance, identifying all parties with whom the applicant has entered into joint ventures or other arrangements of any kind relating to the licenses being auctioned); FCC Form 499-A (Telecommunications Reporting Worksheet, upon which carrier and interconnected voice over Internet protocol provider
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  • in a spectrum auction pursuant to section 1.2101 et seq. of the Commission's rules, the applicant must certify, as of the deadline for filing a short-form application, that it complies with the foreign ownership provisions of section 310 or that it has a request for waiver or other relief from the requirements of section 310 pending. See 47 C.F.R. � 1.2105(a)(2)(v), (vi). See Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets, Report and Order and Further Notice of Proposed Rulemaking, WT Docket No. 00-230, FCC 03-113, 18 FCC Rcd 20604 (2003), modified by Erratum, 18 FCC Rcd 24817 (2003) (Secondary Markets Report and Order), Second Report and Order, Order on Reconsideration, and Second Further
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-121A1_Rcd.pdf
  • participate in a spectrum auction pursuant to section 1.2101 et seq. of the Commission's rules, the applicant must certify, as of the deadline for filing a short-form application, that it complies with the foreign ownership provisions of section 310 or that it has a request for waiver or other relief from the requirements of section 310 pending. See47 C.F.R. � 1.2105(a)(2)(v), (vi). 13SeePromoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets, Report and Order and Further Notice of Proposed Rulemaking, WT Docket No. 00-230, FCC 03-113, 18 FCC Rcd 20604 (2003), modified by Erratum, 18 FCC Rcd 24817 (2003) (Secondary Markets Report and Order), Second Report and Order, Order on Reconsideration, and Second Further Notice
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  • thereafter it would view such applications unfavorably and would not consider them a funding priority). See Qwest July 12, 2010 Comments at 8. See infra Appendix A. Cf., 47 C.F.R. Part 1, Subpart Q. . See Broadband Data NPRM, FCC 11-14, paras. 100-104 (seeking comment whether the Commission should collect ownership and contact information). . . Cf. 47 C.F.R. � 1.2105(b)(2). Id. Major amendments would include, for example, changes in ownership of the applicant that would constitute an assignment or transfer of control. In addition, applicants who fail to correct defects in their applications in a timely manner as specified by public notice would have their applications dismissed with no opportunity for resubmission. Cf. 47 C.F.R. � 1.2105(b)(3). A Commission-defined coverage
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  • *36 � 115 (1994); see also 47 C.F.R. � 24.709(a)(1). Although this definition was used more than a decade ago in the context of spectrum auctions, we seek comment on whether it would be appropriate to use the gross revenues standard of the definition in this universal service context as it would encompass more small businesses. . . Cf. � 1.2105(b)(2). See 47 C.F.R. � 1.21001(d)(5). See 47 C.F.R. � 1.21001(d)(4). Major modifications would include, for example, changes in ownership of the applicant that would constitute an assignment or transfer of control. Cf. 47 C.F.R. � 1.2105(c). . See discussion supra Section XVII.I. . . See Letter from John T. Nakahata, Counsel to GCI, to Marlene H. Dortch, Secretary, FCC, WC
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  • or Tribes... [Q]ualifying Tribes or tribal entities must be those at least a portion of whose tribal lands lie within the proposed station's principal community contour.''). The other applicable requirements that we established in the First R&O also would have to be satisfied in order to meet threshold requirements. Second R&O, 26 FCC Rcd at 2588. See 47 C.F.R. �� 1.2105(c), 73.5002(d). Id. Id. at 2590. Id. GRTI Comments at 5. NPM/NCAI Second FNPRM Comments at 3. NPM/NCAI Second FNPRM Comments at 4-5; GRTI Reply Comments at 3. Id. at 3-4; NPM/NCAI Second FNPRM Comments at 5-8. Id. at 5. Id. at 6-7. GRTI Reply Comments at 4-6. Id. at 6-7. Id. at 2-3; NPM/NCAI Second FNPRM Comments at 9. See,
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  • We recognize that mutually exclusive applications may still be filed under our proposed threshold qualifications approach, thus requiring competitive bidding. But in such circumstances, the bidders would be limited to qualified Tribes and Tribal entities, so the Commission's policy goals would not be frustrated. Should the Commission adopt an exception to the general prohibition of collusion set forth in Section 1.2105(c) applicable to mutually exclusive applications in the commercial FM broadcast service so that Tribes or Tribal entities that file mutually exclusive applications for a channel allotted pursuant to the Tribal Priority have an opportunity to resolve any mutual exclusivities through engineering solutions or settlement? 65. We seek comment on the foregoing threshold qualifications proposal, the issues related to it that
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  • spectrum availability. We disagree with LPFM advocates' contention that the availability of settlements would create an ``open-ended'' scenario that would allow translators to pick the best channels. See �37, supra. We have placed tight restrictions on the translator amendment process, including a time deadline. See infra, � 47. See supra, � 37. See infra, � 61. See 47 C.F.R. � 1.2105(c). It may be the case that one out-of-grid translator application assumes the dismissal of a second application to show that an additional LPFM channel remains available at the applicant's transmitter site and the second application remains pending after the completion of the translator amendment/dismissal process. Application cut-off rights will be used initially to resolve the conflict. Cut-off rights will be
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-98-26A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-98-26A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-98-26A1.txt
  • 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 these differences should be maintained. For
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  • December 7, 1999 Released: December 13, 1999 By the Commission: I. INTRODUCTION 1. The Commission has before it for consideration: (a) a Notice of Apparent Liability for Forfeiture, 13 FCC Rcd 8305 (1998) ("NAL"), in which the Commission found Western PCS BTA I Corporation ("Western") apparently liable for a forfeiture in the amount of $1,200,000 for having apparently violated Sections 1.2105(c) and 1.65 of the Commission's Rules; (b) a Response to the NAL filed by Western on April 15, 1998; (c) an Erratum and Supplement to the Response to the NAL filed by Western on April 17, 1998; and (d) a Supplement to Response to NAL filed by Western on September 11, 1998. For the reasons explained herein, we conclude that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-415A1_Erratum.doc
  • Report and Order. Additionally, any waiver requests listed in Appendix F of this Report and Order, filed in conjunction with applications for the 928/952/956 MHz bands between July 1, 1999 and the release date of this Report and Order, are dismissed as moot, and any associated applications are dismissed without prejudice. See supra at note 12. See 47 C.F.R. �� 1.2105 (``Bidding application and certification procedures; prohibition of collusion''), 1.2107 (``Submission of down payment and filing of long-form applications''), 1.2109 (``License grant, denial, default, and disqualification''). See, e.g., Maritime Third Report and Order, 13 FCC Rcd at 19889; 800 MHz Second Report and Order, 12 FCC Rcd at 19096; Amendment of the Commission's Rules Regarding the 37.0 - 38.6 GHz and
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  • 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. � 1.2104(g) (general competitive bidding rules), and 47 C.F.R. � 24.704 (bid withdrawal rule applicable to broadband PCS auctions). 350 47 C.F.R. � 1.2105(c). 351 See generally 47 C.F.R. � 1.2110. Special provisions also have been adopted to aid "designated entities" in connection with spectrum auctions for particular services. See, e.g., 47 C.F.R. � 24.309 (narrowband PCS); 47 C.F.R. � 24.709 (broadband PCS); 47 C.F.R. � 90.810 et seq. (900 MHz SMR). 352 See Amendment of Part 1 of the Commission's Rules, Order, Memorandum
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  • procedures for the implementation of this paragraph, which procedures shall include a process for resolving any differences that arise regarding estimates of relocation or modification costs under this paragraph. NDAA-99, � 1064(c)(3) (codified at 47 U.S.C. � 923(g)(1)(E)). See NTIA Organization Act, Section 113 (g) (1) (A). See NTIA Organization Act, Section 113 (g) (1) (B). See 47 C.F.R. � 1.2105(a). See 47 CFR �1.1204(z)(5) of the Commission's rules on shared jurisdiction. NTIA and the FCC share jurisdiction over spectrum. See 47 USC, �� 301-303, 305, and 902. NTIA chairs the Interdepartment Radio Advisory Committee (IRAC) which is an interagency committee of Federal radio frequency managers that advises the executive branch on the Federal Government's use of the spectrum. Classified Government
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • of audits. 2. As we have previously emphasized, the Commission is committed to creating a customer-friendly environment that uses the most current filing and processing technologies and promotes more efficient and speedy Federal Communications Commission FCC 98-281 2 See Electronic Filing of Documents in Rulemaking Proceedings, Report and Order, 13 FCC Rcd 11322 (1998). 3 See, e.g., 47 C.F.R. �� 1.2105(a); 1.2107(c) (as of January 1, 1999, requiring all applicants to file short-form applications to participate in an auction electronically and requiring all auction winners to file long-form applications electronically). Since October 1997, renewal applications for wireless radio services authorizations (FCC Form 900) have been required to be submitted electronically as well. See Biennial Regulatory Review -- Amendment of Parts 0,
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.txt
  • FCC will specify by Public Notice, pursuant to Sec. 73.5002, a period for filing applications for a new non-reserved television, low power TV and TV translator stations or for major modifications in the facilities of such authorized stations and major modifications in the facilities of Class A TV stations. (2) Such applicants shall be subject to the provisions of Secs. 1.2105 and competitive bidding procedures. See 47 CFR 73.5000 et seq. (f) Applications for minor modification of Class A TV, low power TV, TV translator and TV booster stations may be filed at any time, unless restricted by the FCC, and will be processed on a ``first-come/first-served'' basis, with the first acceptable application cutting off the filing rights of subsequent, competing
• http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.pdf http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.txt http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.wp
  • Commission. With the advent of ULS and electronic filing of long-form applications after the completion Federal Communications Commission FCC 98-25 See, e.g., 47 C.F.R. �� 24.11(a), 26.207, 27.304. 26 In order to be eligible to bid at auction, the short-form application (FCC Form 175) must be submitted by the 27 applicant, together with an appropriate filing fee. 47 C.F.R. � 1.2105(a). In general, antenna structure owners are required to file FCC Form 854, "Application for Antenna Structure 28 Registration," with the Commission and notify the Federal Aviation Administration (FAA) prior to construction if a proposed structure will exceed 200 feet above ground or is to be located near a public use airport. See 47 C.F.R. Part 17 Subpart B for specific
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  • asserts that winning incumbents could subsequently partition and sell, even at a substantial loss, to entities that do not present a risk of direct competition with the incumbents' services.57 We find this scenario to be purely speculative and unlikely. The Commission addressed such activities in the Second Report and Order when it adopted the anti-collusion rules set forth in Sections 1.2105 and 1.2107 of our rules to apply to LMDS auctions.58 The rules prevent all parties participating in the auction from agreeing in advance to bidding strategies that divide the market according to their interests and that disadvantage other bidders, by prohibiting various discussions apart from bidding consortia or other approved arrangements. In addition, we note that the attribution rules include
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  • a geographic area licensing scheme for licenses in these bands that we believe is appropriate in light of the services that may be provided consistent with our rules. There is nothing in the Commission's rules that would prevent any parties from participating as part of a consortium of service providers, so long as the consortium observes the Commission's rules. Section 1.2105(a) of the Commission's rules requires that applicants that have entered into consortia identify all consortium members and any agreements relating to the post-auction market structure, and consortia must comply with the anti-collusion provisions of Section 1.2105(c). Consortia may also qualify for bidding credits under our small business provisions. We also find that our partitioning and disaggregation rules offer licensees sufficient
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  • secondary auction. Finally, we remind parties that where a secondary auction leads to private band clearing agreements, the Commission must approve any regulatory requests necessary to the effectuation of such agreements. Collusion Issues Background. Applicants to participate in Commission spectrum auctions and their affiliates are prohibited from engaging in collusive conduct. The Commission's anti-collusion requirements may be found in Section 1.2105(c) and are intended to deter anticompetitive conduct during auctions of spectrum licenses and to ensure the competitiveness of post-auction markets. We have also made clear that, where evidence exists that violations of federal antitrust laws or the Commission's anti-collusion rules may have occurred, the Commission may investigate and/or refer such allegations to the United States Department of Justice for investigation.
• http://transition.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da980230.pdf http://transition.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da980230.txt http://transition.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da980230.wp
  • Christina Clearwater either sent to the same address or faxed to 202-418-2082. As described in the Commission's rules, applicants may make only minor corrections to their FCC Form 175 applications; major modifications (e.g., changing the markets applied for, changing control of the applicant, changing the certifying official or signing a manual application) will not be accepted. See 47 C.F.R. � 1.2105(b). 6 Mock Auction. The FCC will conduct a mock auction on Friday, February 13, 1998, to allow bidders to familiarize themselves with the electronic bidding software and the new bidding procedures. Telephonic bidding will also be available during the mock auction. Participants wishing to place telephonic bids should use the telephone number supplied in the registration materials for the auction.
• http://transition.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da980572.pdf
  • ensure the integrity of its auctions, the Commission's anti- collusion rules generally prohibit bidders for the same Basic Trading Areas (BTAs) from discussing bids or bidding strategies during the course of the auction. The prohibition begins when short-form applications to participate in the auction are filed; it ends when the winning bidders submit their down payments. See 47 C.F.R � 1.2105(c). Post-Auction forum. To continually enhance the Commission's auctions process, the Wireless Telecommunications Bureau will sponsor a post-auction forum for bidders who participated in the recently completed LMDS auction. The purpose of this forum is to receive feedback from bidders on the auctions process and their experience. In addition, bidders are encouraged to use this forum to present specific recommendations for
• http://transition.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002614.pdf
  • circumstances could have a chilling effect on participation in Auction No. 35 and would therefore undermine our efforts to encourage more efficient use of the spectrum. We note that winning bidders of licenses subject to pending proceedings are still required to meet the normal payment and construction schedules established by the Commission.8 Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 35, this prohibition became effective at the filing deadline of short-form applications on
• http://transition.fcc.gov/Reports/nextel_settlement_agreement.pdf http://transition.fcc.gov/Reports/nextel_settlement_agreement.txt
  • prejudice. Notwithstanding anything to the contrary in this subsection (b), nothing in this Agreement shall affect the liability of any of the non- governmental Parties to the United States or the FCC arising out of fraud, antitrust, tax, or criminal claims, or out of violations of the Rules of the Commission involving misrepresentation, lack of candor, collusion prohibited by Section 1.2105 of the Rules of the Commission or other acts of substantial misconduct. c. Effective upon the FCC's receipt of the full and final Amounts Due on Receipt from a Participating Auction 35 Winning Bidder for all of its Auction 35 Licenses that it is qualified to hold (and for so long as the United States has not refunded such amounts
• http://transition.fcc.gov/eb/Orders/2003/DA-03-2722A1.html
  • (the ``NAL''), we find Star Wireless, LLC (``Star'') apparently liable for a monetary forfeiture in the amount of $100,000.00. For the reasons stated below, we conclude that Star, an applicant and participating bidder in the Commission's August 27-September 18, 2002, auction of 740 Lower 700 MHz Band C and D block geographic area licenses (``Auction No. 44''), apparently violated section 1.2105(c) of the Commission's rules1 during the auction with Northeast Communications of Wisconsin, Inc. (``Northeast''), another applicant for the same auction. II. BACKGROUND 2. In September 2002, the Commission received information that representatives of Star and Northeast had engaged in certain communications during the course of Auction No. 44.2 Subsequently, the Enforcement Bureau (the ``Bureau'') conducted an investigation of those contacts.
• http://transition.fcc.gov/eb/Orders/2003/DA-03-2723A1.html
  • Forfeiture (the ``NAL''), we find Northeast Communications of Wisconsin, Inc. (``Northeast'') apparently liable for a monetary forfeiture in the amount of $100,000.00. For the reasons stated below, we conclude that Northeast, an applicant in the Commission's August 27-September 18, 2002, auction of 740 Lower 700 MHz Band C and D block geographic area licenses (``Auction No. 44''), apparently violated section 1.2105(c) of the Commission's rules1 during the auction with Star Wireless, LLC (``Star''), another applicant and a participating bidder in the same auction. II. BACKGROUND 2. In September 2002, the Commission received information that representatives of Star and Northeast had engaged in certain communications during the course of Auction No. 44.2 Subsequently, the Enforcement Bureau (the ``Bureau'') conducted an investigation of
• http://transition.fcc.gov/eb/Orders/2004/DA-04-2981A1.html
  • Taylor, another applicant in the auctions.2 II. BACKGROUND 2. In November 2003, the Enforcement Bureau received information from the Wireless Telecommunications Bureau that Mr. Goodman and Ms. Taylor, competing applicants in Auction No. 50 and Auction No. 51, may have discussed auctions-related matters during a time when communications between auction applicants about bids and bidding strategy were restricted by section 1.2105(c) of the Commission's rules.3 Subsequently, the Bureau began an investigation to determine whether the communications between Mr. Goodman and Ms. Taylor had violated the anti- collusion rule.4 As a part of its investigation, on May 3, 2004, the Bureau sent a letter of inquiry to Mr. Goodman seeking information regarding such matters as the relationship between Mr. Goodman and Ms.
• http://transition.fcc.gov/eb/Orders/2004/DA-04-3026A1.html
  • 22, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order, issued pursuant to section 503 of the Communications Act of 1934, as amended (the ``Act''), and section 1.80 of the Commission's rules,1 we find that Star Wireless, LLC (``Star'') engaged in collusive conduct during a Commission-conducted auction in 2002, in willful and repeated violation of section 1.2105(c) of the Commission's rules.2 Based on the information before us, we conclude that Star is liable for a forfeiture in the amount of One Hundred Thousand Dollars ($100,000). II. BACKGROUND 2. This matter arises from misconduct by two auction applicants, Star and Northeast Communications of Wisconsin (``Northeast''), during the Commission's August 27-September 18, 2002, auction of 740 Lower 700 MHz
• http://transition.fcc.gov/eb/Orders/2004/DA-04-3027A1.html
  • 22, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order, issued pursuant to section 503 of the Communications Act of 1934, as amended (the ``Act''), and section 1.80 of the Commission's rules,1 we find that Northeast Communications of Wisconsin, Inc. (``Northeast'') engaged in collusive conduct during a Commission-conducted auction in 2002, in willful violation of section 1.2105(c) of the Commission's rules.2 Based on the information before us, we conclude that Northeast is liable for a forfeiture in the amount of One Hundred Thousand Dollars ($100,000). II. BACKGROUND 2. This matter arises from misconduct by Northeast and Star Wireless, LLC (``Star''), both applicants in the Commission's August 27-September 18, 2002, auction of 740 Lower 700 MHz Band C
• http://transition.fcc.gov/eb/Orders/2004/DA-04-3316A1.html
  • The Enforcement Bureau has been investigating whether Capitol Broadcasting Company, Inc. (``Capitol''), licensee of various television broadcast stations, disclosed information about its bids or bidding strategies in advance of the Commission's auction of Multi-Channel Video Distribution and Data Service licenses, held between January 14 and 27, 2004 (``Auction No. 53''), in violation of the Commission's auction anti-collusion rule, 47 C.F.R. 1.2105(c). 2. The Bureau and Capitol have negotiated the terms of a Consent Decree, a copy of which is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree, we find that the public interest would be served by approving the Consent Decree and terminating the captioned investigation involving Capitol's conduct in Auction No. 53. 3 Accordingly,
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  • this Erratum, we make the following two corrections: (a) the caption above replaces the caption on the Forfeiture Order, which inadvertently referenced an incorrect NAL/Acct. No.; and (b) the paragraph below replaces paragraph 5 of the Forfeiture Order, which inadvertently contained superfluous editorial material: 5. Turning to the instant case, we reject Northeast's claim that it did not violate section 1.2105(c) because it was not an applicant in Auction No. 44 on August 29, 2002, when the communication at issue took place.1 Northeast maintains that it ceased being an ``applicant,'' subject to section 1.2105(c), when it failed to make its upfront payment by the May 30, 2002, deadline.2 Although Northeast's failure to timely make its upfront payment disqualified it from bidding
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-80A1.html
  • deny an Application for Review filed by Star Wireless, LLC ("Star") and a Petition for Reconsideration filed by Northeast Communications of Wisconsin, Inc. ("Northeast"). The Application and Petition were filed in response to forfeiture orders issued by the Enforcement Bureau ("Bureau") that imposed a monetary forfeiture in the amount of $100,000 against each company for its willful violation of section 1.2105(c) of the Commission's rules, which prohibits auction collusion. Although we uphold the Bureau's finding of liability for both Star and Northeast, we reduce the forfeiture for each licensee to $75,000 because of their history of compliance with Commission rules. II. BACKGROUND 2. The facts that formed the basis for the forfeitures are set forth in detail in the NALs and
• http://transition.fcc.gov/eb/Orders/2008/DA-08-2250A1.html
  • 14, 2008 Released: October 14, 2008 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and GAP Broadcasting, LLC ("GAP Broadcasting"), an applicant for FM broadcast construction permits in Auction 70. The Consent Decree terminates an investigation by the Bureau into compliance by GAP Broadcasting with Sections 1.2105(c)(1) and (c)(6) of the Commission's rules, relating to collusive conduct. 2. The Bureau and GAP Broadcasting have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the
• http://transition.fcc.gov/eb/Orders/2009/DA-09-207A1.html
  • FOR FORFEITURE Adopted: February 10, 2009 Released: February 10, 2009 By the Chief, Enforcement Bureau: I. Introduction 1. By this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Cascade Access, L.L.C. ("Cascade"), an applicant to participate in the Commission's Auction 73, apparently engaged in a prohibited communication and failed to notify the Commission, in apparent violation of Sections 1.2105(c)(1) and (c)(6) of the Commission's rules. For the reasons stated below, we conclude that Cascade apparently is liable for a monetary forfeiture in the amount of $75,000. II. Background 2. Cascade and Cellco Partnership d/b/a Verizon Wireless ("Verizon Wireless") each timely submitted short-form applications to participate in Auction 73. Cascade selected one license on which to bid, CMA547-B (Nevada 5-White
• http://transition.fcc.gov/eb/Orders/2010/DA-10-1876A1.html
  • ) ) ) CONSENT DECREE 1. The Enforcement Bureau of the Federal Communications Commission, Puerto Rico Telephone Company, Inc., and America Movil, S.A.B. de C.V., by their authorized representatives, hereby enter into this Consent Decree for the purpose of resolving the Enforcement Bureau's investigation of compliance by Puerto Rico Telephone Company, Inc. and America Movil, S.A.B. de C.V. with Section 1.2105(c) of the Commission's Rules, 47 C.F.R. S: 1.2105(c), relating to Puerto Rico Telephone Company, Inc.'s participation in Commission Auction 73. I. DEFINITIONS 2. For purposes of this Consent Decree the following definitions shall apply: a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S: 151 et seq. b. "Adopting Order" means an order of the Bureau adopting
• http://transition.fcc.gov/eb/Orders/2010/DA-10-1876A2.html
  • of Puerto Rico Telephone Company, Inc. ) ) ) ) ORDER Adopted: October 14, 2010 Released: October 14, 2010 By the Chief, Enforcement Bureau: 1. In this Order, we adopt a Consent Decree terminating an investigation by the Enforcement Bureau (the "Bureau") into compliance by Puerto Rico Telephone Company, Inc. and its parent, America Movil, S.A.B. de C.V. with Section 1.2105(c) of the Commission's Rules, 47 C.F.R. S: 1.2105(c), relating to Puerto Rico Telephone Company, Inc.'s participation in Commission Auction 73. 2. The Bureau, Puerto Rico Telephone Company, Inc., and America Movil, S.A.B. de C.V., have negotiated the terms of a Consent Decree that would terminate the Bureau's investigation. A copy of the Consent Decree is attached hereto and incorporated by
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  • FUTURE ELIGIBILITY Does being an ``Ineligible Entity'' affect my ability to participate in future auctions? No. For purposes of future auctions that do not involve the extension of credit by the government, entities determined to be ineligible (former licensees) will be deemed ``former defaulters'' and eligible to participate in future elections provided they can make the certification required under Section 1.2105(a)(2)(x) of the Commission's general competitive bidding rules. Do any of the election options available to ``Eligible Licensees'' affect my ability to participate in future auctions? No, they do not. VIII. MISCELLANEOUS Is there a difference between ``accrued and unpaid'' and ``unpaid'' interest under the Reamortization option? No. ``Accrued and unpaid'' interest and ``unpaid'' interest are the same. Both terms refer
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  • Federal Claims Collection Act, 31 U.S.C. � 3711. See also 4 C.F.R. �� 101-105. Because many of the debts that are subject to the proposed compromise exceed $100,000 and involve FCC licenses subject to common facts and circumstances, the Commission is recommending that DOJ approve the compromise of all 218-219 MHz Service debt as a package. See 47 C.F.R. � 1.2105(a)(2)(xi). See also Amendment of Commission's Rules Regarding Installment 136 Payment Financing for Personal Communications Services (PCS) Licensees, Fourth Report and Order, 13 FCC Rcd 15743, 15753, � 18 (1998). Whether these former licensees will be eligible for federal loan programs will be determined based upon U.S. 137 Treasury regulations. Under the Debt Collection Improvement Act ("DCIA"), no person may obtain
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  • n. 8. See Part 1Third Report and Order, 13 FCC Rcd at 381-470 (paras 4-169). Part 1 Second Further Notice, 13 FCC Rcd at 471-481 (paras. 170-194). We note that Global Frontiers' suggestion with respect to avoidance of mutual exclusivity pursuant to 47 U.S.C. � 309(j)(6)(E) would require an exception to the Commission's general competitive bidding rules, 47 C.F.R. � 1.2105. See Global Frontiers Petition for Rulemaking at 13-17. See Sections 309(j)(3) and 309(j)(4) of the Communications Act, 47 U.S.C. �� 309(j)(3), 309(j)(4). See 47 U.S.C. � 309(j)(3)(B). Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Memorandum Opinion and Order, 9 FCC Rcd 7245, 7269 (para. 145) (1994) (Competitive Bidding Second Memorandum Opinion
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  • 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 � 1.2107(c) and (d) of this chapter. (2) Upfront payments. Each applicant to participate in a 218-219 MHz Service auction will be required to submit an upfront payment of $9,000 per Metropolitan Statistical Area license and $2,500 per Rural Service Area license for the maximum number of licenses on which it intends to
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  • bidder in 20 IVDS markets. As a winning bidder, CRSPI was required to make a down payment on its successful bids no later than August 8, 1994. CRSPI failed to do so, and therefore, was in default. After the conclusion of the IVDS auction, it came to the Commission's attention that CRSPI may have violated the Commission's rules, including Sections 1.2105(a)(2)(viii), 1.2105(a)(2)(ix), 1.2105(c)(prohibition of collusion); Sections 1.2110(b) and 95.816(d) (claiming a false bidding credit); and Section 1.17 (written submission of false financial information). In addition, CRSPI may have abused Commission processes. Consequently, the Commission ordered an investigation into CRSPI's conduct in the IVDS auction. As a result of this investigation, the Commission, inter alia, released an Order to Show Cause on
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  • adequate time to prepare for the IVDS auction. The Commission received more than 500 applications by the June 27, 1994 filing deadline for short-form applications (FCC Form 175). The large number of timely applications we received, along with our outreach efforts to disseminate information to the public about the IVDS auctions, through the initial May 23, See 47 C.F.R. � 1.2105(c); see also Second Memorandum Opinion and Order, 9 FCC Rcd 7245 at �� 50-53, 25 erratum, Mimeo No. 50278 (Oct. 19, 1994). Second Report and Order, 9 FCC Rcd 2348 at � 166. 26 Id. at � 167. 27 ITV Petition for Reconsideration (filed June 13, 1994) at 4-11 (ITV Petition). Specifically, ITV refers to Section 28 309(j)(6) of the
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  • license in the broadband PCS competitive bidding process would not serve the public interest for reasons stated above. We believe that nothing in the language or legislative history of Section 309(j) contradicts this view. Consequently, we are amending our rules to eliminate Section 24.829(b), which (as AIDE suggested in its petition) is inconsistent with our collusion rules contained in Section 1.2105 of the Rules. 53. In order to provide bidders sufficient time and greater flexibility to attract capital, however, we make several modifications to our collusion rules and policies adopted in the Fifth Report and Order and in our reconsideration of the generic auction rules. First, we recognize that an entity may hold non-controlling ownership interests in two or more bidders,
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  • application prior to competitive bidding, and that only winning bidders should be required to submit a long-form license application after the auction. Because we believed that such a procedure would fulfill the statutory requirements and objectives and adequately protect the public interest, we incorporated these requirements into the rules adopted in the Second Report and Order. See 47 C.F.R. �� 1.2105 and 1.2107. We will extend the application of these rules to the competitive bidding process for broadband PCS. 61. We will be guided by the following procedures in conducting broadband PCS auctions. The Commission will release an initial Public Notice announcing that it will accept applications for specific broadband PCS licenses. This initial Public Notice will specify the 26 licenses
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  • 93-253, 9 FCC Rcd 5532, 11 59 Fed. Reg. 37,566 (July 22, 1994) ("Fifth Report and Order"). See Order, 9 FCC Rcd 6392 (1994). 12 Supplemental Bidder Package for the Broadband PCS C Block Auction at 26. 13 Compare 47 C.F.R. � 24.413; see also Real Party in Interest Disclosure, 55 RR 2d 1053 14 (1982). See 47 C.F.R. � 1.2105. See also Memorandum Opinion and Order, PP Docket 93-253, 9 15 FCC Rcd 7684, 59 Fed. Reg. 64,159 (Dec. 13, 1994). See 47 C.F.R. � 20.6. 16 See 47 C.F.R. �� 24.204 and 24.229(c). 17 See 47 U.S.C. � 310(b). 18 4 the applicant (e.g., If company A owns 5% of Company B (the applicant) and 5% of Company C,
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  • the Commission initiate an evidentiary hearing to determine whether there are substantial and material questions of fact relating to the ownership and control of North Coast. 2. According to the Petition, North Coast's amendment to its short-form application, which was filed after the short-form deadline, reflects a transfer of control of the applicant and is therefore a major amendment. Sections 1.2105(b)(2) and 24.822(b) of the Commission's Rules, 47 C.F.R. �� 1.2105(b)(2) and 24.822(b), prohibit such filings after the short-form deadline. NextWave further alleges that the amendment raises questions regarding the control of the applicant and its eligibility to participate in the C Block auction, which is limited to qualified entrepreneurs. 3. On March 26, 1996, North Coast exhausted its eligibility and
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  • the reauction should be conducted in conformity with the general competitive bidding rules set forth in Part 1, Subpart Q of the Commission's Federal Communications Commission FCC 97-342 47 C.F.R. Part 1, Subpart Q. 168 We initiated a proceeding last February to revise our Part 1 rules. See Part 1 Proceeding. 169 47 C.F.R. � 1.2104. 170 47 C.F.R. � 1.2105. 171 47 C.F.R. �� 1.2106, 1.2107. 172 47 C.F.R. � 1.2108. 173 47 C.F.R. � 1.2109. 174 47 C.F.R. � 1.2104(d). 175 41 rules, as revised, and substantially consistent with the auctions that have been employed 168 169 in other wireless services. We also propose to use our Part 24 rules applicable to the C block to the extent that
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  • should not be eligible to participate in the C-Block re-auction."). CPCSI Comments at ii, 10-12. 64 CIRI Comments at 5-6. 65 See 31 U.S.C. � 3720B(a). 66 See AirGate Comments at 2, 4-6; Duluth Comments at 1; Starcom Comments at 1. 67 See CPCSI Comments at ii, 10-12, (opposing both ideas) for the only comment. 68 See 47 C.F.R. � 1.2105(a)(2)(x). 69 Under the Commission's rules, a licensee that fails to submit payment on an installment obligation will 70 automatically have an additional 90 days in which to submit its required payment without being considered delinquent. Any licensee making its required payment during this period will be assessed a late fee equal to five percent of the amount of the past
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  • resume the competitive bidding starting from the beginning of the current or some previous round or cancel the competitive bidding in its entirety. � 21.952 Bidding application procedures. (a) Short-form applications. To participate in MDS auctions, all applicants must submit short- form applications, along with all required certifications and exhibits specified by such forms, pursuant to the provisions of � 1.2105(a) and any Commission public notices. See 47 C.F.R. � 1.2105(a). (b) Filing of short-form applications. Prior to any MDS auction, the Commission will issue a public notice announcing the availability of BTA service areas and, in the event that mutually exclusive short-form applications (as defined by � 21.925(a)(2)) are filed, the date of the auction for those BTA service areas.
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  • upon which an applicant wishes to bid will be regarded as a major amendment to the short-form application. In addition, applications that are not signed in any manner or form, including by electronic means, or that fail to make the requisite certifications will be dismissed and may not be resubmitted. See Second Report and Order at 2377; 47 C.F.R. � 1.2105(b). 134. After reviewing the short-form applications, the Commission will issue another public notice listing all applications containing minor defects, and applicants will be given an opportunity to cure and resubmit defective applications. On the date set for submission of corrected applications, applicants who on their own discover minor errors in their applications, such as typographical errors, also will be permitted
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  • the waiver request to their FCC Form 600. Anti-Collusion Rules To insure the integrity of its auctions, the Commission's anti-collusion rules generally prohibit bidders for the same 900 MHz SMR MTA licenses from discussing bids or bidding strategies during the course of the auction, unless such bidders disclosed a bidding agreement on the FCC Form 175. See 47 C.F.R. � 1.2105(c). The prohibition began when short-form applications to participate in the auction were filed, and end when the winning bidders submit their down payments. For small business winning bidders eligible for reduced down payments, the prohibition ends when they satisfy the initial five percent reduced down payment. FCC Form 600 Applicants who submitted winning bids for 900 MHz SMR MTA licenses
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  • filing deadline. Two Way Radio also 8 contended that a more accurate representation of its financial records showed that it qualified as a small business with average gross revenues of not more than $3 million. Two Way Radio further 9 claimed that because its proposed amendment was minor, it was entitled to make such a change Id. at 4. Section 1.2105(b)(2) of the Commission's rules provides: 10 The Commission will provide bidders a limited opportunity to cure defects specified herein (except for failure to sign the application and to make certifications) and to resubmit a corrected application. Form 175 may be amended or modified to make minor changes or correct minor errors in the application (such as typographical errors). The Commission
• http://wireless.fcc.gov/auctions/07/releases/da970141.pdf http://wireless.fcc.gov/auctions/07/releases/da970141.txt http://wireless.fcc.gov/auctions/07/releases/da970141.wp
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit ClearCall, Inc., Petition for Reconsideration, Request for Waiver of Section 1.2105(b)(2) of the Commission's 1 Rules ("Petition"). ClearCall, Inc., Request for Waiver, Application of ClearCall, Inc. for Authority to Construct and Operate 2 a CMRS Station in the 900 MHz Band ("Waiver Request"). See Letter to Terry J. Romine, Esquire and Pamela Gaary, Esquire, Counsel for ClearCall, from Kathleen 3 O'Brien Ham, Chief, Auctions Division (July 30, 1996) ("Division Letter"). DA
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  • Request for Waiver of 47 C.F.R. � 1.1205(b)(2), Application for Review (filed February 27, 2 1997)("Application for Review"). ClearCall, Inc. Request for Waiver of 47 C.F.R. � 1.1205(b)(2), Order, 12 FCC Rcd 965 (1997)("Order"). 3 Before the FEDERAL COMMUNICATIONS COMMISSION Washington D.C. 20554 In the Matter of )) CLEARCALL, INC. )) ) Request for Waiver of ) 47 C.F.R. � 1.2105(b)(2) ) ORDER Adopted: May 19, 1998 Released: May 19, 1998 By the Chief, Wireless Telecommunications Bureau: 1. The Commission has before it the Request for Dismissal filed by ClearCall, Inc. ("ClearCall") of its Application for Review, filed March 30, 1998. ClearCall's Application for Review sought review of a 1 2 Bureau order denying ClearCall's Petition for Reconsideration of the denial
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  • 47 C.F.R. � 1.1205(b)(2), Order, 12 FCC Rcd 958 (1997) 2 ("Bureau Order"). Under 47 C.F.R. � 1.2110, "designated entities" include small businesses, rural telephone companies, and minority- and women-owned businesses. Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) TWO WAY RADIO OF CAROLINA, INC. ) ) Request for Waiver of ) 47 C.F.R. � 1.2105(b)(2) ) ) MEMORANDUM OPINION AND ORDER Adopted: July 20, 1999 Released: July 22, 1999 By the Commission: I. Introduction 1. The Commission has before it an Application for Review filed by Two Way Radio of Carolina, Inc. ("Two Way Radio") on February 20, 1997. Two Way Radio seeks review of an 1 Order by the Chief of the Wireless Telecommunications
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  • the Bureau's decision, Geotek may bid in the upcoming auction. In Id. at � 9. 111 Id. at � 10. 112 See Implementation of Section 309(j) of the Communications Act - Competitive Bidding, Second Memorandum 113 Opinion & Order, PP Docket No. 93-253, 9 FCC Rcd 7345 (1994) (Competitive Bidding Second Memorandum Opinion & Order) at � 47. 47 C.F.R. 1.2105(a)(2)(v) and (vi). See, e.g., Catherine L. Waddill, Memorandum Opinion and Order and Notice of Apparent Liability , 8 FCC Rcd 2169 114 (1993). Section 310(b)(4) of the Communications Act authorizes the Commission to refuse to grant a license to any corporation 115 directly or indirectly controlled by any other corporation which is foreign owned or controlled, if it is in
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  • are needed, particularly since DBS licenses will be conditioned on fulfillment of these requirements. Public Notice, Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules, DA 379/ 95-2244, Oct. 26, 1995 ("Public Notice, Oct. 26, 1995"), at 2. Id. 380/ 83 206.Rules Prohibiting Collusion. The Commission's rules prohibiting collusive conduct in connection with competitive bidding are codified at 47 C.F.R. � 1.2105. In the NPRM we proposed to apply these rules to DBS auctions, modifying them slightly to allow for the fact that DBS service areas are not precisely defined and are to a large extent overlapping. Thus, instead of being designed to prohibit collusion only among bidders wishing to serve the same geographic areas, our proposed rules also prohibit collusion among
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  • the reauction should be conducted in conformity with the general competitive bidding rules set forth in Part 1, Subpart Q of the Commission's Federal Communications Commission FCC 97-342 47 C.F.R. Part 1, Subpart Q. 168 We initiated a proceeding last February to revise our Part 1 rules. See Part 1 Proceeding. 169 47 C.F.R. � 1.2104. 170 47 C.F.R. � 1.2105. 171 47 C.F.R. �� 1.2106, 1.2107. 172 47 C.F.R. � 1.2108. 173 47 C.F.R. � 1.2109. 174 47 C.F.R. � 1.2104(d). 175 41 rules, as revised, and substantially consistent with the auctions that have been employed 168 169 in other wireless services. We also propose to use our Part 24 rules applicable to the C block to the extent that
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  • should not be eligible to participate in the C-Block re-auction."). CPCSI Comments at ii, 10-12. 64 CIRI Comments at 5-6. 65 See 31 U.S.C. � 3720B(a). 66 See AirGate Comments at 2, 4-6; Duluth Comments at 1; Starcom Comments at 1. 67 See CPCSI Comments at ii, 10-12, (opposing both ideas) for the only comment. 68 See 47 C.F.R. � 1.2105(a)(2)(x). 69 Under the Commission's rules, a licensee that fails to submit payment on an installment obligation will 70 automatically have an additional 90 days in which to submit its required payment without being considered delinquent. Any licensee making its required payment during this period will be assessed a late fee equal to five percent of the amount of the past
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  • bidding is reserved for qualified bidders that submitted their applications electronically. B. FCC Form 175 General Information Because of the significance of the FCC Form 175 application to the auction, it is important to take note of the following requirements. Applicants will be required to complete all the items 4 on the FCC Form 175. Applicants should carefully review Sections 1.2105(a)(2), 24.705, and 24.813 of the Commission's Rules. In completing an FCC Form 175, applicants should note the following: Applicants should apply for all licenses on which they wish to be eligible to bid in the auction. Bids will not be accepted on licenses for which an applicant has not applied on its FCC Form 175. The C Block Reauction will
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  • with each other during the auction about bids, bidding strategies or settlements. This prohibition begins with the filing of short-form applications, and ends when winning bidders submit down payments. The only exception is where applicants enter into a bidding agreement before filing their short-form applications, and disclose the existence of the agreement in the short-form application. See 47 C.F.R. � 1.2105(c). E. Bidder Alerts The Terms contained in the FCC's rules, report and orders, public notices, and in this Bidder Information Package are not negotiable. Prospective bidders should review these auction documents thoroughly prior to the auction to make certain that they understand all of the provisions and are willing to be bound by all of the Terms before making any
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  • with each other during the auction about bids, bidding strategies or settlements. This prohibition begins with the filing of short-form applications, and ends when winning bidders submit down payments. The only exception is where applicants enter into a bidding agreement before filing their short-form applications, and disclose the existence of the agreement in the short-form application. See 47 C.F.R. � 1.2105(c). Relevant Authority: Prospective bidders should familiarize themselves thoroughly with the FCC's rules relating to the Personal Communications Services, contained in Title 47, Part 24 of the Code of Federal Regulations, and relating to application and auction procedures, contained in Title 47, Part 1. Prospective bidders should also be thoroughly familiar with the procedures, terms and conditions (collectively, "Terms") contained in
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  • behavior in the marketplace. Winning bidders will be required to disclose in their long-form applications (FCC Form 600) the specific terms, conditions and parties involved in all bidding consortia, joint ventures, partnerships and other arrangements entered into relating to the competitive bidding process. Bidders found to have violated the anti-collusion rule may be subject to sanctions. See 47 C.F.R. �� 1.2105(c), 1.2107(d) and 1.2109(d). Ex parte rule: Applicants should also be aware that the Commission has generally exempted auction proceedings from the strict requirements of the ex parte rule (47 C.F.R. � 1.1208). See "Commission Announces that Mutually Exclusive Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (Auctions') Are Treated as Exempt for Ex Parte Purposes," Public Notice, 9
• http://wireless.fcc.gov/auctions/11/releases/da961460.pdf http://wireless.fcc.gov/auctions/11/releases/da961460.txt http://wireless.fcc.gov/auctions/11/releases/da961460.wp
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit See Geographic Partitioning and Spectrum Disaggregation by Commercial Mobile Radio Services 1 Licensees, WT Docket No. 96-148, FCC 96-287, Notice of Proposed Rule Making (Released July 15, 1996). 47 C.F.R. � 1.2105(c); Fourth Memorandum Opinion and Order in PP Docket No. 93-253, 9 FCC Rcd 2 6858, 6868 (1994); Second Report and Order in PP Docket No. 93-253, 9 FCC Rcd 2348, 2387 (1994). Letter to R. Michael Senkowski from Rosalind K. Allen, Acting Chief, Commercial Radio Division 3 (released December 1, 1994). For further explanation of the basic application of the
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit 1 ConsentDecree I.Introduction 1. ThisConsentDecreeisenteredintobytheFederalCommunicationsCommission ("Commission")andUSWESTCommunications,Inc.("USWEST"). II.Background 2. OnAugust26,1996,theCommissioncommenceditsBroadbandPersonal CommunicationsServicesD,E,andFblockauction.AmongtheparticipantswereUSWEST andWesternPCSBTAI,Corporation("Western"). 3. AccordingtoUSWEST,inSeptember1996,whiletheauctionwasstill underway,Mr.CoreyFord,USWESTWirelessGroup'sVicePresidentofBusinessDevelop- mentandExternalAffairs,andCreggBaumbaugh,Western'sDirectorandSeniorVicePresident forCorporateDevelopmentexchangedtelephonecommunicationsabouttheauction(the "Ford/Baumbaughcommunications").AccordingtoUSWEST,Mr.Forddidnotimmediately revealthesetelephonecommunicationstohissuperiors. 4. TheCommission'sBroadbandPersonalCommunicationsServices(PCS)D,E,and FblockauctionendedonJanuary14,1997.USWESTwasthewinningbidderfor53marketsin theauction.OnJanuary30,1997,USWESTfiledanapplicationonFCCForm600forlicenses forthe53marketsinwhichitwasthewinningbidder.OnApril28,1997,theWireless TelecommunicationsBureau("Bureau"),actingunderdelegatedauthority,conditionallygranted threePCSlicensestoUSWEST.Thegrantofthesethreelicensesbecamefinalintheordinary course.Theremaining50licensessoughtbyUSWESTwerenotimmediatelygrantedbecause theywerecollectivelythesubjectoftwopetitionstodeny.OnJune26,1997,theBureaudenied oneofthepetitionstodenyandonJune27,1997,theBureaudeniedtheotherpetition.Western filedanapplicationforreviewoftheBureau'sJune26,1997order.Theapplicationforreview affectsthedispositionof48ofthelicensessoughtbyUSWEST.OnOctober21,1998,Western filedtowithdrawthatapplicationforreview;thatfilingremainspending.Noapplicationfor revieworpetitionforreconsiderationoftheJune27,1997actionwasfiled,andthataction, involvingthegrantoftwolicenses,becameafinalactionintheordinarycourse. 5. OnJuly11,1997,accordingtoUSWEST,Western'scounselinformedUS WEST'scounselabouttheFord/Baumbaughcommunicationsinthecourseofpreparinga responsetoaCivilInvestigativeDemandfromtheUnitedStatesDepartmentofJustice.US WESThasrepresentedthatitimmediatelycommencedaninternalinvestigationofthe Ford/Baumbaughcommunications.USWESTthereafterconcludedthattheFord/Baumbaugh communicationsraisedquestionsregardingUSWEST'scompliancewiththeCommission's 2 anti-collusionrule,Section1.2105(c).OnJuly18,1997,USWESTterminatedMr.Ford's employmentandrequestedameetingwiththeCommissionstafftodiscusstheFord/Baumbaugh communications. 6. OnJuly18,1997,USWESTscheduledameetingwithCommissionstaffforJuly 22,1997.Atthismeeting,USWESTorallyrelatedtotheCommissionstafftheeventsdescribed above.Thereafter,onAugust1,1997,USWESTfiledaStatementfortheInformationofthe CommissioninAccordancewithSection1.65oftheCommission'sRules("Section1.65 Statement"),inwhichitagainrepresentedtotheCommissionthedetailsoftheFord/Baumbaugh communications.AccordingtoUSWEST,Mr.FordinitiatedtheexchangewithMr.Baum- baughwhenheleftavoice-mailmessageforMr.Baumbaughconcerningtheauction.Mr. Baumbaughrespondedbyleavingavoice-mailmessageforMr.Ford.Ultimately,thetwo companyofficialsspokebytelephonereferencingtheauction. 7. OnSeptember17,1997,inresponsetoaCommissionrequest,USWESTsigned anagreementtollingthestatuteoflimitationsforsixmonths. 8. OnNovember21,1997,theBureau'sEnforcementandConsumerInformation DivisiondirectedaletterofinquirytoUSWESTinvolvingtheFord/Baumbaughcommuni- cations,pursuanttoSection308(b)oftheCommunicationsActof1934,asamended,47U.S.C.� 308(b).USWESTsubmitteditsresponsetothisletterofinquiryonDecember16,1997. 9. OnMarch16,1998,theCommissionissuedaNoticeofApparentLiabilityfor Forfeiture,13FCCRcd8286(1998)("NAL"),findingUSWESTapparentlyliablefora forfeitureinthetotalamountof$1,200,000.Specifically,theNALconcludedthatUSWEST apparentlyviolatedSection1.2105(c)oftheCommission'sRuleswhenMr.Fordapparently discussedUSWEST'sbiddingstrategyfortheOlympia,Washington,marketwithMr.Baum- baugh.TheNALproposedaforfeitureintheamountof$200,000forUSWEST'sapparent violationofSection1.2105(c).TheNALalsoconcludedthatUSWESTapparentlyviolated Section1.65oftheCommission'sRulesbyfailingtotimelyreporttheFord/Baumbaugh communications.TheNALproposedaforfeitureof$5,000foreachdayoftheapparent continuingSection1.65violation,foratotalof$l,000,000. 10. OnApril15,1998,USWESTsubmittedaresponsetotheNALinwhichit requestedareductionoftheproposed$1,200,000forfeiture.Insupport,USWESTrepresented that: (a) USWESThad,priortotheFord/Baumbaughcommunications,under- takensubstantialstepstomakeMr.Fordanditsauctionteamawareofthecontent andsubstanceofSection1.2105(c).Inconnectionwiththeauction,outside counselprovidedUSWESTwithongoingadviceandsixmemorandaregarding Section1.2105(c).ThreeofthememorandawereforwardeddirectlytoMr.Ford. 3 Mr.FordandotherauctionteammembersattendedtheFCC'sauctionseminar. Further,membersofUSWEST'sauctionteamwereprovidedwithcopiesofthe Commission'sBidderInformationPackage,whichincludedthetextofSection 1.2105(c). (b) Mr.ForddidnotdisclosetheFord/Baumbaughcommunicationstohis supervisorsduringtheauctionorduringinitialinterviewswhenUSWESTwas conductingitsinternalinvestigation. (c) USWESTterminatedMr.Ford'semploymentwithinsevendaysof learningfromWesternabouttheFord/Baumbaughcommunications,andwithin fourdaysofobtainingMr.Ford'sconfirmationofthatinformation. (d) OnJuly22,1997,USWESTvoluntarilyrevealedtheresultsofitsinternal investigationtotheCommissionstaffatameeting.Thisinformaldisclosuretook place11calendardaysafterWestern'scounselinformedUSWEST'scounsel abouttheFord/BaumbaughcommunicationsandbeforethegrantofcertainPCS licensestoUSWESTbecamefinal.
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  • the reauction should be conducted in conformity with the general competitive bidding rules set forth in Part 1, Subpart Q of the Commission's Federal Communications Commission FCC 97-342 47 C.F.R. Part 1, Subpart Q. 168 We initiated a proceeding last February to revise our Part 1 rules. See Part 1 Proceeding. 169 47 C.F.R. � 1.2104. 170 47 C.F.R. � 1.2105. 171 47 C.F.R. �� 1.2106, 1.2107. 172 47 C.F.R. � 1.2108. 173 47 C.F.R. � 1.2109. 174 47 C.F.R. � 1.2104(d). 175 41 rules, as revised, and substantially consistent with the auctions that have been employed 168 169 in other wireless services. We also propose to use our Part 24 rules applicable to the C block to the extent that
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  • Released: March 16, 1998 By the Commission: I. INTRODUCTION 1. By this Order, we find US WEST Communications, Inc. ("US WEST") apparently liable for a forfeiture in the amount of $1,200,000. For the reasons stated below, we conclude that US WEST, a participant in the Commission's Broadband Personal Communications Services (PCS) D, E and F block auction, apparently violated Sections 1.2105(c) and 1.65 of the Commission's Rules, 47 C.F.R. �� 1.2105(c) and 1.65, by disclosing and discussing during the auction its bidding strategy to a competing auction participant, Western PCS BTA I Corporation ("Western"), for the Olympia, Washington market; cooperating with Western during the auction; and failing to timely notify the Commission of the prohibited disclosure, discussion and arrangement. II. BACKGROUND
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  • 1998 Released: March 16, 1998 By the Commission: I. INTRODUCTION 1. By this Order, we find Western PCS BTA I Corporation ("Western") apparently liable for a forfeiture in the amount of $1,200,000. For the reasons stated below, we conclude that Western, a participant in the Commission's Broadband Personal Communications Services (PCS) D, E and F block auction, apparently violated Sections 1.2105(c) and 1.65 of the Commission's Rules, 47 C.F.R. �� 1.2105(c) and 1.65, by discussing bidding strategy during the auction with a competing auction participant, US WEST Communications, Inc. ("US WEST") for the Olympia, Washington market; cooperating with US WEST during the auction; and failing to timely notify the Commission of the prohibited disclosure, discussion and arrangement. II. BACKGROUND 2. Western
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  • ("U S WEST"); and (b) a proposed Consent Decree between the Commission and U S WEST. 2. The NAL found U S WEST, a participant in the Commission's Broadband Personal Communications Services D, E, and F block auction, apparently liable for a forfeiture in the total amount of $1,200,000. Specifically, the NAL concluded that U S WEST apparently violated Sections 1.2105(c) and 1.65 of the Commission's Rules as a consequence of telephone communications during the auction between a U S WEST official and an official of another auction participant, Western PCS BTA I, Corporation. 3. The Commission and U S WEST have negotiated the terms of a proposed Consent Decree that would resolve this enforcement proceeding. A copy of the proposed
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  • the auction about bids, bidding strategies or settlements. This prohibition begins with the filing of short-form applications, and ends when winning bidders submit initial down payments. The prohibition does not apply, however, where applicants enter into a bidding agreement before filing their short-form applications, and disclose such an existence of the agreement in the short-form application. See 47 C.F.R. � 1.2105(c); "Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules," Public Notice, DA 95-2244 (released October 26, 1995); "Wireless Telecommunications Bureau Provides Guidance on the Anti-Collusion Rule for D, E and F Block Bidders," Public Notice, DA 96-1460 (released August 28, 1996). E. Bidder Alerts The Terms contained in the FCC's rules, report and orders, public notices, and in this Public Notice
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  • Public Notice, DA 96-1850 (rel. Nov. 8, 1996) (Auction Public Notice). 2 As described more fully in the Commission's rules, applicants may make only minor corrections to their FCC Form 175; major modifications (e.g., changing the market selection, changing control of the applicant, changing the certifying official or signing a manual application) will not be accepted. See 47 C.F.R. � 1.2105. Applicants who filed their FCC Form 175 applications electronically must resubmit their corrected applications electronically. Applicants who filed their FCC Form 175 applications manually may resubmit their corrected applications either manually or electronically, but must resubmit electronically if they wish to bid electronically. Manual Resubmission: Manual resubmissions, whether mailed, hand delivered or sent by private courier, must be delivered to:
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  • areas obtained through the competitive bidding process. Licensees transferring their licenses within three years after the initial unserved Id. 91 See 47 C.F.R. � 309(j)(4)(B). 92 Competitive Bidding Second Report and Order, 9 FCC Rcd at 2385, � 219. 93 47 C.F.R. � 22.946. 94 47 C.F.R. � 22.144(b) 95 47 C.F.R. � 22.943(b). 96 47 C.F.R. �� 1.2101(d) and 1.2105(c). 97 19 area license grant will be required to file, together with their transfer applications, the associated contracts for sale, option agreements, management agreements, and all other documents disclosing the total consideration received in return for the transfer of their licenses. As we indicated in the Competitive Bidding Second Report and Order, we will give particular scrutiny to auction winners
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  • each other during the auction about bids, bidding strategies or settlements. This prohibition begins with the filing of short-form applications, and ends when winning bidders submit down payments. The prohibition does not apply where applicants enter into a bidding agreement before filing their short-form applications, and disclose the existence of the agreement in the short-form application. See 47 C.F.R. � 1.2105(c). See also the Summary of Documents from the Commission and the Wireless Telecommunications Bureau Addressing Application of the Anti-Collusion Rules in Attachment D to this Public Notice. Relevant Authority: Prospective bidders should familiarize themselves thoroughly with the FCC's rules relating to the Wireless Communications Service contained in Title 47, Part 27 of the Code of Federal Regulations ("C.F.R."), and rules
• http://wireless.fcc.gov/auctions/14/releases/da970636.pdf http://wireless.fcc.gov/auctions/14/releases/da970636.txt http://wireless.fcc.gov/auctions/14/releases/da970636.wp
  • is the only opportunity to cure FCC Form 175 defects. Late resubmissions will not be accepted. As described more fully in the Commission's rules, applicants may make only minor corrections to their FCC Form 175; major modifications (e.g., changing the market selection, changing control of the applicant or changing the certifying official) will not be accepted. See 47 C.F.R. �� 1.2105 and 27.204(b). UPFRONT PAYMENT DEADLINE Upfront payments and accompanying FCC Remittance Advice (FCC Form 159s) for this auction are due at Mellon Bank, Pittsburgh, Pennsylvania, on April 4 1997. Payments must be by wire transfer and must be received by Mellon Bank by 6:00 ET on the due date. No other upfront payment method is acceptable for this auction. See
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  • begins when short-form applications to participate in the auction are filed; it ends when the winning bidders submit their down payments. Because the upfront payments of all winning bidders are sufficient to cover their required down payments and withdrawn bid payments, we will consider the anti-collusion prohibition to be lifted upon release of this public notice. See 47 C.F.R � 1.2105(c). For further information, contact: News Media: Audrey Spivack at 202-418-0654 Auctions Technical Support Hotline: 202-414-1250 Office of the Managing Director (down payment and refund questions): Regina Dorsey or Linwood Jenkins at 202-418-1995 Wireless Telecommunications Bureau, Auctions: Josh Roland or Matthew Moses at 202-418-0660 Wireless Telecommunications Bureau, Commercial Wireless (FCC Form 600 questions): Tania Hanna, Zenji Nakazawa or Kelly Quinn at
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  • lower minimum bid increments in the course of the auction. Finally, we conclude that where a tie bid 365 occurs, the high bidder will be determined by the order in which the bids were received by the Commission. Federal Communications Commission FCC 97-50 DigiVox Comments at 6. 366 See Subpart E of new Part 27. 367 See 47 C.F.R. � 1.2105(a). 368 85 3. Procedural and Payment Issues 171. In the NPRM, we tentatively concluded that, with certain proposed modifications, Subpart Q of Part 1 of the Commission's Rules establishing procedural and payment rules for FCC auctions generally should apply to the WCS auction. Only one commenter addressed these issues. DigiVox contends that to effectively compete in the auctions, many parties
• http://wireless.fcc.gov/auctions/14/releases/wcsbip.pdf
  • 1997. All the information required to file the FCC Form 175 electronically (i.e., software, help files and configuration samples) will be available over both the Internet and the FCC's Bulletin Board System ("BBS"). Information about electronic filing is included in Tab C of this Bidder Information Package. (2) Completion of FCC Form 175 Applicants should carefully review 47 C.F.R. �� 1.2105 and 27.304, and must complete all items on the FCC Form 175. As a convenience to applicants, guidelines for completing the FCC Form 175 and exhibits were included in Attachment C to the Public Notice announcing the auction, and also are included in Tab D of this Bidder Information Package. Failure to submit the required ownership information will result in
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit See Geographic Partitioning and Spectrum Disaggregation by Commercial Mobile Radio Services 1 Licensees, WT Docket No. 96-148, FCC 96-287, Notice of Proposed Rule Making (Released July 15, 1996). 47 C.F.R. � 1.2105(c); Fourth Memorandum Opinion and Order in PP Docket No. 93-253, 9 FCC Rcd 2 6858, 6868 (1994); Second Report and Order in PP Docket No. 93-253, 9 FCC Rcd 2348, 2387 (1994). Letter to R. Michael Senkowski from Rosalind K. Allen, Acting Chief, Commercial Radio Division 3 (released December 1, 1994). For further explanation of the basic application of the
• http://wireless.fcc.gov/auctions/16/releases/da971672.pdf http://wireless.fcc.gov/auctions/16/releases/da971672.txt http://wireless.fcc.gov/auctions/16/releases/da971672.wp
  • the auction about bids, bidding strategies or settlements. This prohibition begins with the filing of 5 short-form applications, and ends when winning bidders submit their initial down payment. The prohibition does not apply where applicants enter into a bidding agreement before filing their short-form applications, and disclose the existence of the agreement in the short-form application. See 47 C.F.R. � 1.2105(c). See also the Summary Listing of Documents from the Commission and the Wireless Telecommunications Bureau Addressing Application of the Anti-Collusion Rules in Attachment D to this Public Notice. Relevant Authority: Prospective bidders should familiarize themselves thoroughly with the FCC's rules relating to the 800 MHz SMR service contained in Title 47, Part 90 of the Code of Federal Regulations ("C.F.R."),
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  • 1270 Fairfield Road Gettysburg, Pennsylvania 17325-7245 NOTE: Manual resubmissions delivered to unauthorized locations or received after the deadline will not be considered properly filed, and will be returned without consideration. Manual resubmissions must consist of a new FCC Form 175, complete in all respects including exhibits, correcting the identified deficiencies and signed with an original signature. See 47 C.F.R. � 1.2105(b)(3). In addition, corrected applications consisting of more than five pages must include either three microfiche copies of the complete application or a 3.5-inch diskette containing ASCII text (.TXT) files of all exhibit documentation attached to the FCC Form 175. 3 Electronic Resubmission of Manual Applications: Manual filers may resubmit their corrected FCC Form 175 applications electronically, either to correct deficiencies
• http://wireless.fcc.gov/auctions/16/releases/da972222.pdf http://wireless.fcc.gov/auctions/16/releases/da972222.txt http://wireless.fcc.gov/auctions/16/releases/da972222.wp
  • Alice Elder either sent to the same address or faxed to 202-418-2082. As described in the Commission's rules, applicants may make only minor corrections to their FCC Form 175 applications; major modifications (e.g., changing the markets applied for, changing control of the applicant, changing the certifying official or signing a manual application) will not be accepted. See 47 C.F.R. � 1.2105(b). Mock Auction. The FCC will conduct a mock electronic auction on Thursday, October 23, 1997 to allow bidders to familiarize themselves with the electronic bidding software and the new bidding procedures. This mock auction will be open only to qualified bidders. Pre- registration will not be required. This mock auction will include all 525 800 MHz SMR licenses, and will
• 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
  • Anti-collusion rules. To ensure the integrity of its auctions, the Commission's anti- collusion rules generally prohibit bidders for the same EA from discussing bids or bidding strategies during the course of the auction. The prohibition begins when short-form applications to participate in the auction are filed; it ends when the winning bidders submit their down payments. See 47 C.F.R � 1.2105(c). Post-Auction forum. To continually enhance the Commission's auctions process, the Wireless Telecommunications Bureau will sponsor a post-auction forum for bidders who participated in the recently completed 800 MHz SMR auction. The purpose of this forum is to receive feedback from bidders on the auctions process and their experience. In addition, bidders are encouraged to use this forum to present specific
• http://wireless.fcc.gov/auctions/16/releases/da981137.pdf http://wireless.fcc.gov/auctions/16/releases/da981137.txt http://wireless.fcc.gov/auctions/16/releases/da981137.wp
  • Both companies were asked to state the "date and circumstances" under which it learned that "Ms. Kaercher was listed as an authorized biding representative for other auction participants." Finally, each firm was instructed to describe the specific precautions, if any, taken by each of its bidding representatives to prevent the dissemination, Federal Communications Commission DA 98-1137 See 47 C.F.R. � 1.2105(c)(adopted by Implementation of Section 309(j) of the Communications Act -- Competitive 18 Bidding, Second Report and Order , Docket No. 93-253, 9 FCC Rcd. 2348, 2386-88 (1994)(Competitive Bidding Second Report and Order)). 19 See Public Notice, "Wireless Telecommunications Bureau Provides Guidance on the Anti-Collusion Rule for D, E, and F Block Bidders," DA 96-1460 (rel. Aug. 28, 1996). 20 Competitive
• http://wireless.fcc.gov/auctions/16/releases/da981138.pdf http://wireless.fcc.gov/auctions/16/releases/da981138.txt http://wireless.fcc.gov/auctions/16/releases/da981138.wp
  • IE asserts that Nextel was signaling to other bidders that 30 Nextel would not be willing to allow any other bidder to succeed on particular licenses. Nextel purportedly 31 signaled to competitors that they should cease bidding in markets of prime interest to Nextel, and, in Federal Communications Commission DA 98-1138 32 Id. at 9. 33 See 47 C.F.R. � 1.2105(c); see also Mercury PCS I, 12 FCC Rcd. 17970 (WTB, 1997) (Mercury) (winning bidder in PCS auction assessed fine for bid signaling strategies). Nextel Opposition at 10. 34 35 Id. 36 See para. 3, supra. 37 47 C.F.R. � 1.120(c). See CMRS Second Report and Order, 9 FCC Rcd. 2348, 2386-87 (1994) (anti-collusion rule adopted). 38 39 See Mercury, 12
• http://wireless.fcc.gov/auctions/17/releases/d980141.pdf
  • Fairfield Road Gettysburg, Pennsylvania 17325-7245 NOTE: Manual resubmissions delivered to unauthorized locations or received after the deadline will not be considered properly filed, and will be returned without consideration. 3 Manual resubmissions must consist of a new FCC Form 175, complete in all respects including exhibits, correcting the identified deficiencies and signed with an original signature. See 47 C.F.R. � 1.2105(b)(3). In addition, corrected applications consisting of more than five pages must include either three microfiche copies of the complete application or a 3.5-inch diskette containing ASCII text (.TXT) files of all exhibit documentation attached to the FCC Form 175. Electronic Resubmission of Manual Applications: Manual filers may resubmit their corrected FCC Form 175 applications electronically, either to correct deficiencies or
• http://wireless.fcc.gov/auctions/17/releases/d980230.pdf
  • Clearwater either sent to the same address or faxed to 202-418-2082. 6 As described in the Commission's rules, applicants may make only minor corrections to their FCC Form 175 applications; major modifications (e.g., changing the markets applied for, changing control of the applicant, changing the certifying official or signing a manual application) will not be accepted. See 47 C.F.R. � 1.2105(b). Mock Auction. The FCC will conduct a mock auction on Friday, February 13, 1998, to allow bidders to familiarize themselves with the electronic bidding software and the new bidding procedures. Telephonic bidding will also be available during the mock auction. Participants wishing to place telephonic bids should use the telephone number supplied in the registration materials for the auction. The
• 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
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Attachment D A-1 Attachment D -- Appendix A (Selective LMDS Rules) CODE OF FEDERAL REGULATIONS TITLE 47-TELECOMMUNICATION CHAPTER I-FEDERAL COMMUNICATIONS COMMISSION PART 1-PRACTICE AND PROCEDURE SUBPART Q--COMPETITIVE BIDDING PROCEEDINGS Sec. 1.2105 Bidding application and certification procedures; prohibition of collusion. (a) Submission of Short-Form Application (FCC Form 175). In order to be eligible to bid, an applicant must timely submit a short-form application (FCC Form 175), together with any appropriate upfront payment set forth by Public Notice. Beginning January 1, 1999, all short-form applications must be filed electronically. (1) All short-form applications
• 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
  • other during the auction about bids, bidding strategies, or settlements. This prohibition begins with the filing of short-form applications, and ends when winning bidders submit their first down payments. The only exception is where applicants enter into a bidding agreement before filing their short-form applications, and disclose the existence of the agreement in their short-form applications. See 47 C.F.R. � 1.2105(c). Bidder Information Package: More complete details about this auction are contained in a Bidder Information Package. The Commission will provide one copy to each company free of charge. Additional copies may be ordered at a cost of $16.00 each, including postage, payable by Visa or Master Card, or by check payable to "Federal Communications Commission" or "FCC." To place an
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  • for the LMDS auction prior to the FCC Form 175 short form filing deadline. See, e.g., 220 Television Inc., 81 FCC 2d 575, 577 (1980); AAT Electronics Corp. v. FCC, 56 RR 2d 1269 (D.C. Cir. 5 1984); AMOR Family Broadcasting Group v. FCC, 918 F.2d 960 (D.C. Cir. 1990). See 47 C.F.R. � 24.813(a). 6 See 47 C.F.R. � 1.2105(a) and (c). 7 See 47 C.F.R. � 101.2105(c). 8 47 C.F.R. � 1.2112. See Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, WT 9 Docket No. 97-82, Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use 4660-4685 MHz, ET Docket No. 94-32, Third Report and Order and Second Further Notice of Proposed Rule Making
• 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
  • ensure the integrity of its auctions, the Commission's anti- collusion rules generally prohibit bidders for the same Basic Trading Areas (BTAs) from discussing bids or bidding strategies during the course of the auction. The prohibition begins when short-form applications to participate in the auction are filed; it ends when the winning bidders submit their down payments. See 47 C.F.R � 1.2105(c). Post-Auction forum. To continually enhance the Commission's auctions process, the Wireless Telecommunications Bureau will sponsor a post-auction forum for bidders who participated in the recently completed LMDS auction. The purpose of this forum is to receive feedback from bidders on the auctions process and their experience. In addition, bidders are encouraged to use this forum to present specific recommendations for
• http://wireless.fcc.gov/auctions/17/releases/da990802.pdf http://wireless.fcc.gov/auctions/17/releases/da990802.txt http://wireless.fcc.gov/auctions/17/releases/da990802.wp
  • the lawyers who sent the Gutierrez Letter also represent Nextband and that the allegations raised in the Gutierrez Letter are the same as those raised in the Petition to Deny Nextband filed against Baker Creek. As to the first point, as stated above, the Lukas, Nace, Gutierrez and Sachs law firm 29 Federal Communications Commission DA 99-802 47 C.F.R. � 1.2105(c). 30 47 C.F.R. � 1.2105(c)(1) states that, except as otherwise provided, "after the filing of short-form applications, all 31 applicants are prohibited from cooperating, collaborating, discussing or disclosing in any manner the substance of their bids or bidding strategies, or discussing or negotiating settlement agreements, with other applicants until after the high bidder makes the required down payment . .
• http://wireless.fcc.gov/auctions/17/releases/fc970082.pdf http://wireless.fcc.gov/auctions/17/releases/fc970082.txt http://wireless.fcc.gov/auctions/17/releases/fc970082.wp
  • revoke any existing licenses held by the applicant.507 d. Regulatory Safeguards (1) Transfer Disclosure Federal Communications Commission FCC 97-82 47 U.S.C. � 309(j)(4)(E). 508 Third NPRM, 11 Rcd at 115-16 (para. 172). 509 CellularVision Comments to Third NPRM at 20. 510 See paras. 350-351, 359-361, infra. 511 Third NPRM, 11 FCC Rcd at 116-17 (para. 174). 512 47 CFR �� 1.2105, 1.2107. 513 PAGE 139 337. The Communications Act directs us to require such transfer disclosures and anti- trafficking restrictions and payment schedules as may be necessary to prevent unjust enrichment as a result of the methods employed to issue licenses and permits.'' As we proposed in the 508 Third NPRM, we will adopt the transfer disclosure requirements contained in Section
• http://wireless.fcc.gov/auctions/17/releases/fc970323.pdf http://wireless.fcc.gov/auctions/17/releases/fc970323.txt http://wireless.fcc.gov/auctions/17/releases/fc970323.wp
  • exists as a money management system in one auction without consequence in another." Cook Inlet accordingly suggests that the Commission require entities that are 65 seeking favorable provisions in the LMDS auction to certify on their short-form applications Federal Communications Commission FCC 97-323 Id. at 12. 66 See Part 1 Order and NPRM at � 8 and 47 C.F.R. � 1.2105(a)(2)(x). 67 17 (FCC Form 175) that neither they nor their affiliates or attributable investors are delinquent or in default on any Commission competitive bidding installment payment obligation.66 24. Discussion. We decline to further address the qualifications of licensees that are delinquent or in default on other FCC licenses for obtaining favorable provisions for the LMDS auction. We agree with Cook
• http://wireless.fcc.gov/auctions/17/releases/lmdsbp_b.pdf
  • other during the auction about bids, bidding strategies, or settlements. This prohibition begins with the filing of short-form applications, and ends when winning bidders submit their first down payments. The only exception is where applicants enter into a bidding agreement before filing their short-form applications, and disclose the existence of the agreement in their short-form applications. See 47 C.F.R. � 1.2105(c). Relevant Authority: Prospective bidders must familiarize themselves thoroughly with the Commission's Rules relating to LMDS, contained in Title 47, Part 101 of the Code of Federal Regulations, and those relating to application and auction procedures, contained in Title 47, Part 1 of the Code of Federal Regulations. Prospective bidders must also be thoroughly familiar with the procedures, terms and conditions
• http://wireless.fcc.gov/auctions/17/releases/lmdsbp_d.pdf
  • and verify that the ASCII files contain all exhibit information.) Completeness: Applicants must submit all information required by the FCC Form 175 and by applicable rules, including a certifying signature on manual filings. Failure to submit required information by the resubmission date will result in dismissal of the application and inability to participate in the auction. See 47 C.F.R. � 1.2105(b). Continuing Accuracy: Each applicant is responsible for the continuing accuracy and completeness of information furnished in the FCC Form 175 and its exhibits. See 47 C.F.R. � 1.65. It is the FCC's position that ten business days from a reportable change is a reasonable period of time in which applicants must amend their FCC Forms 175. Applicants are reminded that
• http://wireless.fcc.gov/auctions/17/releases/lmdsbp_e.pdf
  • Communications Commission FCC 97-82 See Competitive Bidding Second Report and Order, 9 FCC Rcd at 2382 (paras. 197-205). 507 47 U.S.C. � 309(j)(4)(E). 508 Third NPRM, 11 Rcd at 115-16 (para. 172). 509 CellularVision Comments to Third NPRM at 20. 510 See paras. 350-351, 359-361, infra. 511 Third NPRM, 11 FCC Rcd at 116-17 (para. 174). 512 47 CFR �� 1.2105, 1.2107. 513 336. In addition, if a default or disqualification involves gross misconduct, misrepresentation or bad faith by an applicant, we retain the option to declare the applicant and its principals ineligible to bid in future auctions, or take any other action we deem necessary, including institution of proceedings to revoke any existing licenses held by the applicant.507 d. Regulatory
• http://wireless.fcc.gov/auctions/18/releases/220_b.pdf
  • an applicant bidding for an EA within that EAG. Applicants that apply to bid for "all markets" or a nationwide license would be precluded from communicating with all other applicants. An exception is where applicants enter into a bidding agreement before filing their short-form applications, and disclose the existence of the agreement in their short-form applications. See 47 C.F.R. � 1.2105(c). We note that Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 4 1.65 requires an auction applicant to bring to the Commission's attention
• http://wireless.fcc.gov/auctions/18/releases/220_c.pdf
  • and should verify that the files contain all exhibit information. Completeness: Applicants must submit all information required by the FCC Form 175 and by applicable rules, including a certifying signature on manual filings. Failure to submit required information by the resubmission date will result in dismissal of the application and inability to participate in the auction. See 47 C.F.R. � 1.2105(b). Continuing Accuracy: Each applicant is responsible for the continuing accuracy and completeness of information furnished in the FCC Form 175 and its exhibits. See 47 C.F.R. � 1.65. It is the FCC's position that during the conduct of an auction, ten business days from a reportable change is a reasonable period of time. Applicants are reminded that Certification 6 on
• http://wireless.fcc.gov/auctions/18/releases/220_e.pdf
  • application that is acceptable for filing for a particular license, and thus there is no mutual exclusivity, we will issue a Public Notice cancelling the auction for that license and establish a date for the filing of a long-form application. 452 Federal Communications Commission FCC 97-57 Third Notice, 11 FCC Rcd at 254 (para. 134). 453 Id.; see also Section 1.2105(b)(2) of the Commission's Rules, 47 C.F.R. � 1.2105(b)(2) (modification 454 and dismissal of Form 175). SMR Comments at 20 n.21; AMTA Comments at 21. See also U.S. MobilComm Comments at 6; 455 Roamer Comments at 1-2; Incom Comments at 2. See Section 1.2105 of the Commission's Rules, 47 C.F.R. � 1.2105. 456 c. Short-Form Application Amendments and Modifications (1) Proposal
• 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
  • an applicant bidding for an EA within that EAG. Applicants that apply to bid for "all markets" or a nationwide license would be precluded from communicating with all other applicants. An exception is where applicants enter into a bidding agreement before filing their short-form applications, and disclose the existence of the agreement in their short-form applications. See 47 C.F.R. � 1.2105(c). We note that Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction 8 applicant to bring to the Commission's attention
• http://wireless.fcc.gov/auctions/18/releases/da981680.pdf http://wireless.fcc.gov/auctions/18/releases/da981680.txt http://wireless.fcc.gov/auctions/18/releases/da981680.wp
  • forth in Section 0.459 of the Commission's rules. Your statements that disclosure of the financial information in Exhibit C may result in substantial competitive harm are conclusory, and do not justify withholding from inspection materials that bear upon your qualifications to participate in the 220 MHz auction as a "very small business." See 47 C.F.R. Sections 90.1017, 90.1021, 90.1023, and 1.2105. Therefore, your request for confidentiality IS HEREBY DENIED. Sincerely, Amy J. Zoslov Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau
• http://wireless.fcc.gov/auctions/18/releases/da981688.pdf http://wireless.fcc.gov/auctions/18/releases/da981688.txt http://wireless.fcc.gov/auctions/18/releases/da981688.wp
  • other bidders and that the information relates to business plans, market tactics, and other related proprietary information about the business strategies of Mobex are conclusory, and do not justify withholding from inspection materials that bear upon your qualifications to participate in the 220 MHz auction. Page Two John Reardon August 24, 1998 See 47 C.F.R. Sections 90.1017, 90.1021, 90.1023, and 1.2105. Therefore, your request for confidentiality IS HEREBY DENIED. Sincerely, Amy J. Zoslov Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau
• http://wireless.fcc.gov/auctions/18/releases/da981689.pdf http://wireless.fcc.gov/auctions/18/releases/da981689.txt http://wireless.fcc.gov/auctions/18/releases/da981689.wp
  • 1270 Fairfield Road Gettysburg, Pennsylvania 17325-7245 NOTE: Manual resubmissions delivered to unauthorized locations or received after the deadline will not be considered properly filed, and will be returned without consideration. Manual resubmissions must consist of a new FCC Form 175, complete in all respects including exhibits, correcting the identified deficiencies and signed with an original signature. See 47 C.F.R. � 1.2105(b)(3). In addition, for corrected applications consisting of more than five pages all attachments must be submitted on a 3.5-inch diskette, or the entire application must be filed in a microfiche version. Manual filers must use the May 1998 version of FCC Form 175 and the October 1995 edition of the 175-S (if applicable). Earlier versions of the FCC Form 175
• http://wireless.fcc.gov/auctions/18/releases/da981787.pdf http://wireless.fcc.gov/auctions/18/releases/da981787.txt http://wireless.fcc.gov/auctions/18/releases/da981787.wp
  • courtesy copy to Frank Stilwell and Christina Clearwater at the same address. As described in the Commission's Rules, applicants may make only minor corrections to their FCC Form 175 applications; major modifications (e.g., changing the markets applied for, changing control of the applicant, changing the certifying official or signing a manual application) will not be accepted. See 47 C.F.R. � 1.2105(b). Due Diligence. Bidders are reminded that they should continue to conduct due diligence examinations regarding incumbents and other legal developments with respect to the licenses for which they bid during the course of the auction. As we have previously explained, while the Commission will continue to act on pending applications, requests, and petitions, some of these matters may not be
• http://wireless.fcc.gov/auctions/18/releases/da981861.pdf http://wireless.fcc.gov/auctions/18/releases/da981861.txt http://wireless.fcc.gov/auctions/18/releases/da981861.wp
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit See 47 C.F.R. � 1.2105(a). 1 47 C.F.R. � 1.2105(c). 2 1 DA 98-1861 Released: September 14, 1998 VIA FACSIMILE AND REGULAR MAIL John Reardon, Esquire Secretary to the Board of Directors and General Counsel Mobex Communications, Inc. 1150 18th Street, Suite 250 Washington, DC 20036-3839 RE: Mobex Communications, Inc. 220 MHz Auction (No. 18) Dear Mr. Reardon: This letter is in response to your
• http://wireless.fcc.gov/auctions/18/releases/da982143.pdf http://wireless.fcc.gov/auctions/18/releases/da982143.txt http://wireless.fcc.gov/auctions/18/releases/da982143.wp
  • an applicant bidding for an EA within that EAG. Applicants that apply to bid for "all markets" or a nationwide license would be precluded from communicating with all other applicants. An exception is where applicants enter into a bidding agreement before filing their short-form applications, and disclose the existence of the agreement in their short-form applications. See 47 C.F.R � 1.2105(c). Post-Auction Forum. The Wireless Telecommunications Bureau will sponsor a joint post-auction forum for bidders that participated in the Phase II 220 MHz Service auction, as well as bidders in the upcoming VHF Public Coast Service and Location and Monitoring Service auctions. This forum, which will be announced by a subsequent public notice, will be held after the completion of the
• http://wireless.fcc.gov/auctions/18/releases/fc970057.pdf http://wireless.fcc.gov/auctions/18/releases/fc970057.txt http://wireless.fcc.gov/auctions/18/releases/fc970057.wp
  • the Competitive Bidding Second Report and Order, if we receive only one application that is acceptable for filing for a particular license, and thus there is no Federal Communications Commission FCC 97-57 Competitive Bidding Second Report and Order, 9 FCC Rcd at 2376 (para. 165). 452 Third Notice, 11 FCC Rcd at 254 (para. 134). 453 Id.; see also Section 1.2105(b)(2) of the Commission's Rules, 47 C.F.R. � 1.2105(b)(2) (modification 454 and dismissal of Form 175). SMR Comments at 20 n.21; AMTA Comments at 21. See also U.S. MobilComm Comments at 6; 455 Roamer Comments at 1-2; Incom Comments at 2. See Section 1.2105 of the Commission's Rules, 47 C.F.R. � 1.2105. 456 PAGE 110 mutual exclusivity, we will issue a
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  • and undesirable to impose additional performance requirements, beyond those already provided in the service rules, for all auctionable services. Our 4660-4685 MHz service 127 rules contain specific performance requirements, such as the requirement to construct and provide service within a specific period of time. Thus, we do not adopt any additional performance requirements for competitive bidding purposes. 47 C.F.R. � 1.2105(c). Competitive Bidding Second Report and Order, 9 FCC Rcd 2386- 128 88, paras. 221-226; Competitive Bidding Reconsideration Order, 9 FCC Rcd at 7254, paras. 50- 53; Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, Memorandum Opinion and Order, PP Docket 93-253, 9 FCC Rcd 7684, 7687-89, paras. 8-12 (1994). 47 U.S.C. � 309(j)(3)(B). 129 Competitive Bidding Second
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  • 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 in
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  • Commission's Rules prohibit applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements. This prohibition begins with the filing of short-form applications, and ends on the down payment due date. In the VHF Public Coast Service auction, for example, the rule would apply to any See 47 C.F.R. � 1.2105(c). See 47 C.F.R. � 1.65. 5 applicants bidding for the same VPC. Therefore, applicants that apply to bid for "all markets" would be precluded from communicating with all other applicants after filing the FCC Form 175. However, applicants may enter into bidding agreements before filing their FCC Form 175 short- form applications, as long as they disclose the existence of
• http://wireless.fcc.gov/auctions/20/releases/da982248.pdf http://wireless.fcc.gov/auctions/20/releases/da982248.txt http://wireless.fcc.gov/auctions/20/releases/da982248.wp
  • of the required upfront payment by 6:00 p.m. ET on Monday, November 16, 1998, as discussed below. With respect to their applications, applicants need take no further action except as may be necessary to keep their applications up-to-date. Applicants are also advised that Attachment A includes FCC 1 See 47 C.F.R. �� 1.65 and 1.2106. 2 See 47 C.F.R. � 1.2105(b)(3). 3 2 account numbers that are automatically created by the FCC software system for each applicant. FCC account numbers are applicable for bidding only. Incomplete: Applications classified as incomplete are listed alphabetically in Attachment B. Applicants whose applications have been classified as incomplete will receive overnight correspondence indicating what information is required to make the applications acceptable for filing. These
• http://wireless.fcc.gov/auctions/20/releases/da982347.pdf http://wireless.fcc.gov/auctions/20/releases/da982347.txt http://wireless.fcc.gov/auctions/20/releases/da982347.wp
  • Zoslov (and a courtesy copy to Anne Napoli) at the above address. As described in the Commission's Rules, applicants may make only minor corrections to their FCC Form 175 applications; major modifications (e.g., changing the markets applied for, changing control of the applicant, changing the certifying official or signing a manual application) will not be accepted. See 47 C.F.R. � 1.2105(b). Due Diligence. Bidders are reminded that they should continue to conduct due diligence examinations regarding incumbents and other legal developments with respect to the licenses for which they bid during the course of the auction. 5 Mock Auction. The FCC will conduct a mock auction on Tuesday, December 1, 1998, to allow qualified bidders to familiarize themselves with the electronic
• http://wireless.fcc.gov/auctions/20/releases/da982542.pdf http://wireless.fcc.gov/auctions/20/releases/da982542.txt http://wireless.fcc.gov/auctions/20/releases/da982542.wp
  • Rcd 341 (1998); In re Application of Nevada Wireless for a License to Provide 800 MHz Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd 11973, 11977, � 11 (1998) ("Nevada Wireless"). See Nevada Wireless, 13 FCC Rcd at 11978, � 13 (1998). 4 See 47 C.F.R. � 1.2105(c). 5 See 47 C.F.R. � 1.65. 6 7 is qualified and there is no substantial and material issue of fact concerning that determination, it will grant the application. Anti-collusion rules. To ensure the competitiveness of the auction process, the Commission's Rules prohibit applicants for the same geographic license area from communicating with each other during the auction about bids, bidding
• 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
  • that applicants and their bidding agents will comply with the anti-collusion rule. 8 The Bureau, however, cautions that merely filing a certifying statement as part of an application will not outweigh specific evidence that collusive behavior has occurred nor will it preclude the initiation of an investigation when warranted. In the LMS auction, for example, 9 See 47 C.F.R. � 1.2105(c). 10 See 47 C.F.R. � 1.65. 11 Amendment of Part 90 of the Commission's Rules to Adopt Regulations for Automatic Vehicle Monitoring 12 Systems, Report and Order, PR Docket No. 93-61, 10 FCC Rcd 4695 (1995) ("LMS Report and Order"). 6 the rule would apply to any applicants bidding for the same EA. Therefore, applicants that apply to bid for
• http://wireless.fcc.gov/auctions/21/releases/da982582.pdf http://wireless.fcc.gov/auctions/21/releases/da982582.txt http://wireless.fcc.gov/auctions/21/releases/da982582.wp
  • Postpones December 15, 1998 Auction Date for 528 1 Multilateration Location and Monitoring Service Licenses; Commencement of the Auction Postponed to February 23, 1999," Public Notice, DA 98-2246 (rel. November 10, 1998), 63 Fed. Reg. 63,730 (November 16, 1998) ("LMS Postponement Public Notice"). Beginning January 1, 1999, all short- and long-form applications must be electronically filed. 47 2 C.F.R. �� 1.2105(a) and 1.2107(c). PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 News Media Information: (202) 418-0500 Fax-On-Demand: (202) 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov DA 98-2582 December 23, 1998 ELECTRONIC FILING REQUIREMENT WAIVED FOR THE LOCATION AND MONITORING SERVICE AUCTION Report No. AUC-98-21-E (Auction No. 21) By public notice dated November 10, 1998, the Wireless Telecommunications Bureau ("Bureau") postponed
• http://wireless.fcc.gov/auctions/21/releases/da990242.pdf http://wireless.fcc.gov/auctions/21/releases/da990242.txt http://wireless.fcc.gov/auctions/21/releases/da990242.wp
  • rules. Your statements that disclosure of the financial information in Exhibit C is confidential in nature and would not normally be disclosed to the general public are conclusory, and do not justify withholding from inspection materials that bear upon your qualifications to participate in the Location and Monitoring Service auction as a "small business." See 47 C.F.R. Sections 90.1103 and 1.2105. Therefore, your request for confidentiality IS HEREBY DENIED. Sincerely, Amy J. Zoslov Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau
• http://wireless.fcc.gov/auctions/21/releases/da990249.pdf http://wireless.fcc.gov/auctions/21/releases/da990249.txt http://wireless.fcc.gov/auctions/21/releases/da990249.wp
  • have been correlated. The final Public Notice will also include instructions on how to monitor the auction on-line and how to access the bid tracking tool software. Reserve Price or Minimum Opening Bid: The Wireless Telecommunications Bureau ("Bureau") has established minimum opening bid requirements for the LMS auction.4 Prohibition of Collusion: To ensure the competitiveness of the auction process, Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements. For the LMS auction, this prohibition became effective at the filing deadline of short-form applications on Monday, January 25, 1999, and will end on the post-auction down payment due date to be announced in
• http://wireless.fcc.gov/auctions/21/releases/da990283.pdf
  • 20554 with a courtesy copy to Kenneth Burnley at the same address. As described in the Commission's Rules, applicants may make only minor corrections to their FCC Form 175 applications; major modifications (e.g., changing the markets applied for, changing control of the applicant, changing the certifying official or signing a manual application) will not be accepted. See 47 C.F.R. � 1.2105(b). Due Diligence. Bidders are reminded that they should continue to conduct due diligence examinations regarding incumbents and other legal developments with respect to the licenses for which they bid during the course of the auction. 4 Mock Auction. The FCC will conduct a mock auction on Friday, February 19, 1999, to allow qualified bidders to familiarize themselves with the electronic
• http://wireless.fcc.gov/auctions/21/releases/da990405.pdf http://wireless.fcc.gov/auctions/21/releases/da990405.txt http://wireless.fcc.gov/auctions/21/releases/da990405.wp
  • the rule would apply to applicants bidding for the same Economic Area. Therefore, applicants that apply to bid for "all markets" would be precluded from communicating with all other applicants after filing the FCC Form 175. However, applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose See 47 C.F.R. � 1.2105(c). 5 See 47 C.F.R. � 1.65. 6 7 the existence of the agreement(s) in their Form 175 short-form applications. By signing their 5 FCC Form 175 short form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending
• http://wireless.fcc.gov/auctions/21/releases/lmsbp_a.pdf
  • small business or small business (or consortiums of very small or small businesses) for this auction.1 Specifically, for the LMS auction, applicants applying to bid as very small or small businesses (or consortiums of very small or small businesses) will be required to file as Exhibit C to their FCC Form 175 short form applications, all information required under Sections 1.2105(a) and Section 1.2112(a). In addition, these applicants must disclose, separately and in the aggregate, the gross revenues for the preceding three years of each of the following: 1) the applicant; 2) the applicant's affiliates; 3) the applicant's controlling interests; and 4) the affiliates of the applicant's controlling interests. Certification that the average gross revenues for the preceding three years do
• http://wireless.fcc.gov/auctions/21/releases/lmsbp_c.pdf
  • from communicating with all other applicants after filing the FCC Form 175. However, applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement(s) in their Form 175 short-form applications 3 By signing their FCC Form 175 short form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application.4 Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of
• http://wireless.fcc.gov/auctions/21/releases/lmsbp_f.pdf
  • list the name(s) of the person(s) (no more than three) authorized to represent them at the auction. Only those individuals listed on the FCC Form 175 will be authorized to place or withdraw bids for the applicant during the auction. Note: Applicants may only share a common authorized bidder(s) if each applicant has selected separate markets. See 47 CFR � 1.2105(c). Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
• http://wireless.fcc.gov/auctions/22/releases/da982604.pdf http://wireless.fcc.gov/auctions/22/releases/da982604.txt http://wireless.fcc.gov/auctions/22/releases/da982604.wp
  • Public Notice, 13 FCC Rcd 341 (1998); In re Application of Nevada Wireless for a License to Provide 800 MHz Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA- 155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd 11973, 11977 para. 11 (1998) ("Nevada Wireless"). See id. at 11978 para. 13. 24 See 47 C.F.R. � 1.2105(c). 25 See id. � 1.65. 26 8 Prohibition of Collusion: To ensure the competitiveness and integrity of the auction process, the Commission's Rules prohibit applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements. This prohibition begins with the filing of short-form applications, and ends on the down payment
• http://wireless.fcc.gov/auctions/22/releases/da990302.pdf http://wireless.fcc.gov/auctions/22/releases/da990302.txt http://wireless.fcc.gov/auctions/22/releases/da990302.wp
  • applicant applying for one or more licenses in frequency blocks C and/or F must demonstrate its eligibility as an entrepreneur. The following attachment also replaces Tab F, 151-57, in the Bidder Information Package for Auction No. 22. In addition, this Public Notice corrects the Announcement Public Notice at Part 2.F.(3) ("Application Showing"), page 15, lines 8-9. Specifically, the words "Sections 1.2105(a), 1.2112(b), and 24.709" are corrected to read "Sections 1.2105(a), 1.2112(a), and 24.709." 2 ATTACHMENT B GUIDELINES FOR COMPLETION OF FCC FORM 175 AND EXHIBITS A. FCC Form 175 Because of the significance of the FCC Form 175 application to the auction, bidders should especially note the following: Items 2-5: Give a street address (not a Post Office box number) for
• http://wireless.fcc.gov/auctions/22/releases/da990360.pdf http://wireless.fcc.gov/auctions/22/releases/da990360.txt http://wireless.fcc.gov/auctions/22/releases/da990360.wp
  • forth in Section 0.459 of the Commission's rules. Your statements that disclosure of the financial information in Exhibit C may result in substantial competitive harm are conclusory, and do not justify withholding from inspection materials that bear upon the applicant's qualifications to participate in Auction No. 22 as a "very small business." See 47 C.F.R. Sections 90.1017, 90.1021, 90.1023, and 1.2105. Further, the information concerning Rose Mary S. Nettles' "personal wealth and cashflow," for which you seek confidential treatment does not appear to be required by our rules. See Fifth Memorandum Opinion and Order, 10 FCC Rcd 403, 421 (1994). Therefore, your request for confidentiality IS HEREBY DENIED. Sincerely, Amy J. Zoslov Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau
• http://wireless.fcc.gov/auctions/22/releases/da990361.pdf http://wireless.fcc.gov/auctions/22/releases/da990361.txt http://wireless.fcc.gov/auctions/22/releases/da990361.wp
  • in Section 0.459 of the Commission's rules. Your statements that disclosure of the financial information in Exhibits C and G may result in substantial competitive harm are conclusory, and do not justify withholding from inspection materials that bear upon the applicant's qualifications to participate in Auction No. 22 as a "small business." See 47 C.F.R. Sections 90.1017, 90.1021, 90.1023, and 1.2105. Therefore, your request for confidentiality IS HEREBY DENIED. Sincerely, Amy J. Zoslov Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau
• http://wireless.fcc.gov/auctions/22/releases/da990362.pdf http://wireless.fcc.gov/auctions/22/releases/da990362.txt http://wireless.fcc.gov/auctions/22/releases/da990362.wp
  • Section 0.459 of the Commission's rules. Your statements that disclosure of the financial information in Exhibits C and G may result in substantial competitive harm are conclusory, and do not justify withholding from inspection materials that bear upon the applicants qualifications to participate in Auction No. 22 as a "very small business." See 47 C.F.R. Sections 90.1017, 90.1021, 90.1023, and 1.2105. Therefore, your request for confidentiality IS HEREBY DENIED. Sincerely, Amy J. Zoslov Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau
• http://wireless.fcc.gov/auctions/22/releases/da990363.pdf http://wireless.fcc.gov/auctions/22/releases/da990363.txt http://wireless.fcc.gov/auctions/22/releases/da990363.wp
  • Section 0.459 of the Commission's rules. Your statements that disclosure of the financial information in Exhibits C and G may result in substantial competitive harm are conclusory, and do not justify withholding from inspection materials that bear upon the applicant's qualifications to participate in Auction No. 22 as a "very small business." See 47 C.F.R. Sections 90.1017, 90.1021, 90.1023, and 1.2105. Therefore, your request for confidentiality IS HEREBY DENIED. Sincerely, Amy J. Zoslov Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau
• http://wireless.fcc.gov/auctions/22/releases/da990375.pdf http://wireless.fcc.gov/auctions/22/releases/da990375.txt http://wireless.fcc.gov/auctions/22/releases/da990375.wp
  • Rcd 341 (1998); In re Application of Nevada Wireless for a License to Provide 800 MHz Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd 11973, 11977, � 11 (1998) ("Nevada Wireless"). See Nevada Wireless, 13 FCC Rcd at 11978, � 13 (1998). 14 See 47 C.F.R. � 1.2105(c). 15 See 47 C.F.R. � 1.65. 16 6 Prohibition of Collusion: To ensure the competitiveness of the auction process, Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements. For the C, D, E, and F block auction, this prohibition became effective
• http://wireless.fcc.gov/auctions/22/releases/da990482.pdf
  • St., SW Washington, DC 20554 with a courtesy copy to Audrey Bashkin at the same address. As described in the Commission's Rules, applicants may make only minor corrections to their FCC Form 175 applications; major modifications (e.g., changing the markets applied for, changing control of the applicant or changing the certifying official) will not be accepted. See 47 C.F.R. � 1.2105(b). Due Diligence. Bidders are reminded that they should continue to conduct due diligence examinations regarding incumbents and other legal developments with respect to the licenses for which they bid during the course of the auction. Potential bidders should also be aware 8 that the Commission recently received the following filing: Mountain Solutions Ltd., Inc., Petition for Stay (filed March 3,
• http://wireless.fcc.gov/auctions/22/releases/da990492.pdf
  • 1998. The Commission's Rules require that FCC Form 175 applications be 3 Licenses Scheduled for March 23, 1999; Minimum Opening Bids and Other Procedural Issues," Public Notice, DA 99- 302 (rel. February 8, 1999). See also FCC Auction, "C, D, E & F Broadband PCS Auction BTA -- Basic Trading Area, March 23, 1999," Bidder Information Package. 47 C.F.R. � 1.2105 4 Public Notice, DA 98-2604 at 17; Bidder Information Package at Tab F, p. 148. 5 Bidder Information Package at Tab F, p. 148. 6 See Letter at � 1. 7 This request was denied by the technical support aide and is included in an audiotaped conversation with you 8 on February 12, 1999 at approximately 4:30 p.m. (EST). See
• http://wireless.fcc.gov/auctions/22/releases/da990757.pdf http://wireless.fcc.gov/auctions/22/releases/da990757.wp
  • communicating with each other during the auction about bids, bidding strategies, or settlements. As explained more fully in the Public Notice announcing Auction No. 22, this prohibition begins with the filing 4 of short-form applications and ends on the down payment due date. By signing their FCC Form 5 175 short form applications, applicants are certifying their compliance with Section 1.2105(c). For further information, contact: 7 News Media: Meribeth McCarrick at 202-418-0654 Technical Support Hotline: Technical Support Personnel at 202-414-1250 (V) or 202-414-1255 (text telephone (TTY)) Office of the Managing Director Shirley Hanberry, Gail Glasser or (Payment, FCC Form 159 and refund questions) Linwood Jenkins at 202-418-1995 Wireless Telecommunications Bureau, David Judelsohn, Lauren Kravetz, or Scott Commercial Wireless Division Mackoul at
• http://wireless.fcc.gov/auctions/22/releases/da991785.pdf http://wireless.fcc.gov/auctions/22/releases/da991785.txt http://wireless.fcc.gov/auctions/22/releases/da991785.wp
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission DA 99-1785 47 C.F.R. � 1.2105(b)(2). 1 Highland Cellular, FCC Form 601, Exhibit G-Waiver Request, filed May 4, 1999. Highland Cellular was the 2 winning bidder for C block licenses in markets BTA143, BTA201, BTA255, and BTA444. 47 C.F.R. � 24.720(b)(1). 3 47 C.F.R. � 24.720(b)(2). 4 See 47 C.F.R. �� 24.712 and 24.717. 5 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
• 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
  • should not be eligible to participate in the C-Block re-auction."). CPCSI Comments at ii, 10-12. 64 CIRI Comments at 5-6. 65 See 31 U.S.C. � 3720B(a). 66 See AirGate Comments at 2, 4-6; Duluth Comments at 1; Starcom Comments at 1. 67 See CPCSI Comments at ii, 10-12, (opposing both ideas) for the only comment. 68 See 47 C.F.R. � 1.2105(a)(2)(x). 69 Under the Commission's rules, a licensee that fails to submit payment on an installment obligation will 70 automatically have an additional 90 days in which to submit its required payment without being considered delinquent. Any licensee making its required payment during this period will be assessed a late fee equal to five percent of the amount of the past
• http://wireless.fcc.gov/auctions/22/releases/pcsbipa.pdf
  • or by any other means, for a period of two years from the start date of Auction No. 22. This prohibition 2 C Block Fourth Report and Order at paras. 13-16; 47 C.F.R. � 24.709(b)(9)(i). 3 47 C.F.R. � 24.709. 4 C Block Fourth Report and Order at para. 18. 5 Id.; 47 C.F.R. � 24.709(a)(4). 6 47 C.F.R. �� 1.2105(a)(2)(xi), 24.709(a)(5). 7 C Block Fourth Report and Order at para. 18. 8 C Block Second Report and Order and Further Notice, 12 FCC Rcd 16,436. 9 C Block Reconsideration Order, 13 FCC Rcd 8345. extends to qualifying members of the licensee's control group, and their affiliates.10 Licensees that surrendered licenses pursuant to the "pure amnesty" election option remain eligible to
• http://wireless.fcc.gov/auctions/22/releases/pcsbipc.pdf
  • precluded from communicating with all other applicants after filing the FCC Form 175. However, applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement(s) in their Form 175 short-form applications.3 By signing their FCC Form 175 short form applications, applicants are certifying their compliance with Section 1.2105(c) of the 1 See, e.g., "Wireless Telecommunications Bureau Responds to Questions About the Local Multipoint Distribution Service Auction," Public Notice, 13 FCC Rcd 341 (1998); In re Application of Nevada Wireless for a License to Provide 800 MHz Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd 11,973,
• http://wireless.fcc.gov/auctions/22/releases/pcsbipf.pdf
  • must list the name(s) of the person(s) (no more than three) authorized to represent them at the auction. Only those individuals listed on the FCC Form 175 will be authorized to place or withdraw bids for the applicant during the auction. Note: Applicants may only share a common authorized bidder(s) if each applicant has selected separate markets. See 47 C.F.R. �1.2105(c). Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
• http://wireless.fcc.gov/auctions/22/releases/pcsbipg.pdf
  • should not be eligible to participate in the C-Block re-auction."). CPCSI Comments at ii, 10-12. 64 CIRI Comments at 5-6. 65 See 31 U.S.C. � 3720B(a). 66 See AirGate Comments at 2, 4-6; Duluth Comments at 1; Starcom Comments at 1. 67 See CPCSI Comments at ii, 10-12, (opposing both ideas) for the only comment. 68 See 47 C.F.R. � 1.2105(a)(2)(x). 69 Under the Commission's rules, a licensee that fails to submit payment on an installment obligation will 70 automatically have an additional 90 days in which to submit its required payment without being considered delinquent. Any licensee making its required payment during this period will be assessed a late fee equal to five percent of the amount of the past
• http://wireless.fcc.gov/auctions/23/releases/da990204.pdf http://wireless.fcc.gov/auctions/23/releases/da990204.txt http://wireless.fcc.gov/auctions/23/releases/da990204.wp
  • of the LMDS auction), we will factor their concerns into our round scheduling decisions. 3. Joint Petitioners suggest that because business discussions concerning LMDS might shed light on PCS spectrum bidding strategy, and vice versa, they must cease LMDS discussions with investors as of the short-form application deadline for the LMDS auction pursuant to the anti-collusion rule, 47 C.F.R. � 1.2105(c). They believe this will constrict their ability to engage in strategic planning and negotiations for the LMDS auction We believe that potential applicants 4 for each of these auctions have had ample time to engage in business discussions, in view of the early announcement dates of these two auctions. The Broadband PCS auction date was announced on August 19, 1998,
• 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
  • steps have been taken to prevent communication between authorized bidders and that applicants and their bidding agents will comply with the anti-collusion rule. The Bureau, however, cautions that merely 12 filing a certifying statement as part of an application will not outweigh specific evidence that See Nevada Wireless, 13 FCC Rcd at 11978, � 13 (1998). See 47 C.F.R. � 1.2105(c). See 47 C.F.R. � 1.65. 7 collusive behavior has occurred nor will it preclude the initiation of an investigation when warranted. In the LMDS auction, for example, the rule would apply to any applicants bidding 13 for the same BTA. Therefore, applicants that apply to bid for "all markets" would be precluded from communicating with all other applicants after filing
• http://wireless.fcc.gov/auctions/23/releases/da990639.doc http://wireless.fcc.gov/auctions/23/releases/da990639.pdf http://wireless.fcc.gov/auctions/23/releases/da990639.txt
  • for the first two days of the auction as well as instructions on how to monitor the auction on-line and how to access the bid tracking tool software. Reserve Price or Minimum Opening Bid: The Wireless Telecommunications Bureau has established minimum opening bid requirements for the LMDS auction. Prohibition of Collusion: To ensure the competitiveness of the auction process, Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements. For the LMDS auction, this prohibition became effective at the filing deadline of short-form applications on Monday, March 29, 1999, and will end on the post-auction down payment due date to be announced in
• http://wireless.fcc.gov/auctions/23/releases/da990692.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit See Petition of Elite JV for Acceptance of Late-Filed Application ("Petition"). 1 Petition at 2-3. 2 47 C.F.R. �� 101.1104 and 1.2105. 3 47 C.F.R. � 1.925(b)(3). See also 47 C.F.R. � 101.23 (waiver of the Part 101 rules may be granted in 4 accordance with � 1.925); Wait Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972). DA 99-692 April 13, 1999 Ms. Sylvia Lesse Kraskin, Lesse & Cosson, LLP 2120 L Street, NW, Suite
• http://wireless.fcc.gov/auctions/23/releases/da990706.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit See Letter from John D. Szuchan to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless 1 Telecommunications Bureau, Federal Communications Commission (April 2, 1999) ("Letter"). Id. 2 47 C.F.R. �� 101.1104 and 1.2105. 3 47 C.F.R. �� 101.23 and 1.925; Wait Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), cert. denied, 409 4 U.S. 1027 (1972). See "Auction of Local Multipoint Distribution Service Spectrum; Auction Notice and Filing Requirements 5 for 168 Local Multipoint Distribution Service Licenses Scheduled for April 27, 1999; Minimum Opening Bids and Other Procedural Issues," Public Notice, DA
• http://wireless.fcc.gov/auctions/23/releases/da990732.pdf http://wireless.fcc.gov/auctions/23/releases/da990732.txt http://wireless.fcc.gov/auctions/23/releases/da990732.wp
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit See Letter from James A. Rech, President of Landmark Site Development to Amy Zoslov, Chief, Auctions 1 and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission (April 2, 1999) ("Letter"). Id. 2 47 C.F.R. �� 101.1104; 1.2105; 101.1105(a); 1.2106. 3 47 C.F.R. �� 101.23 and 1.925; Wait Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), cert. denied, 409 4 U.S. 1027 (1972). DA 99-732 April 19, 1999 Mr. James A. Rech Landmark Site Development, LLC 480 Pleasant Street Lee, MA 01238 Dear Mr. Rech: This letter responds to your April 13, 1999 correspondence on behalf of
• http://wireless.fcc.gov/auctions/23/releases/da990742.pdf
  • St., SW Washington, DC 20554 with a courtesy copy to Arthur Lechtman at the same address. As described in the Commission's Rules, applicants may make only minor corrections to their FCC Form 175 applications; major modifications (e.g., changing the markets applied for, changing control of the applicant or changing the certifying official) will not be accepted. See 47 C.F.R. � 1.2105(b). Due Diligence. Bidders are reminded that they should continue to conduct due diligence examinations regarding incumbents and other legal developments with respect to the licenses for which they bid during the course of the auction.7 Mock Auction. The FCC will conduct a mock auction on Thursday, April 22, 1999, to allow qualified bidders to familiarize themselves with the electronic bidding
• http://wireless.fcc.gov/auctions/23/releases/da990927.pdf
  • No. 23,7 this prohibition begins with the filing of short-form applications and ends on the down payment due date.8 The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. By signing their FCC Form 175 short form applications, applicants are certifying their compliance with Section 1.2105(c). Post-Auction Forum. The Wireless Telecommunications Bureau will sponsor a joint post-auction forum for bidders that participated in the LMDS auction, as well as bidders in the recently concluded PCS, LMS, VHF Public Coast and Phase II 220 MHz Service auctions. This forum will be announced in a forthcoming public notice. The purpose of this forum is to receive feedback from
• 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
  • Notice, 13 FCC Rcd 341 (1998); Application of Nevada Wireless for a License to Provide 800 MHz Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd 11973, 11977 para. 11 (1998) ("Nevada Wireless"). See Nevada Wireless, supra note 9 at 11978, para. 13. 12 See 47 C.F.R. � 1.2105(c). 13 See id. � 1.65. 14 6 24, for example, the rule would apply to any applicants bidding for the same EA or EAG. Therefore, applicants that apply to bid for "all markets" would be precluded from communicating with all other applicants after filing the FCC Form 175. This prohibition becomes effective at the short-form application deadline, and ends on
• http://wireless.fcc.gov/auctions/24/releases/da990904.doc http://wireless.fcc.gov/auctions/24/releases/da990904.pdf http://wireless.fcc.gov/auctions/24/releases/da990904.txt
  • reviewed, and payments and applications have been correlated. The Public Notice will also include, among other things, the bidding schedule for the first two days of the auction. Reserve Price or Minimum Opening Bid: The Wireless Telecommunications Bureau has established minimum opening bid requirements for Auction No. 24. Prohibition of Collusion: To ensure the competitiveness of the auction process, Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements. For Auction No. 24, this prohibition became effective at the filing deadline of short-form applications on Monday, May 10, 1999, and will end on the post-auction down payment due date to be announced in
• http://wireless.fcc.gov/auctions/24/releases/da991023.doc http://wireless.fcc.gov/auctions/24/releases/da991023.pdf http://wireless.fcc.gov/auctions/24/releases/da991023.txt
  • 20554 with a courtesy copy to Anne Napoli at the same address. As described in the Commission's Rules, applicants may make only minor corrections to their FCC Form 175 applications; major modifications (e.g., changing the markets applied for, changing control of the applicant, changing the certifying official or signing a manual application) will not be accepted. See 47 C.F.R. � 1.2105(b). Due Diligence. Bidders are reminded that they should continue to conduct due diligence examinations regarding incumbents and other legal developments with respect to the licenses for which they bid during the course of the auction. Mock Auction. The FCC will conduct a mock auction on Friday, June 4, 1999, to allow qualified bidders to familiarize themselves with the electronic bidding
• http://wireless.fcc.gov/auctions/24/releases/da991287.doc http://wireless.fcc.gov/auctions/24/releases/da991287.pdf http://wireless.fcc.gov/auctions/24/releases/da991287.txt
  • Auction No. 24, this prohibition begins with the filing of short-form applications and ends on the down payment due date. The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). Post-auction forum. The Wireless Telecommunications Bureau will sponsor a post-auction forum for bidders that participated in Auction No. 24. This forum will be held on July 27, 1999 from 1 p.m. to 3 p.m. in the FCC's Commission Meeting Room (Room #TW-C305), 445 12th Street, S.W., Washington, DC. The purpose of this forum is to receive feedback from bidders on
• http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.pdf http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.wp
  • evidence of security breach, unlawful bidding activity, administrative necessity, or for any other reason that affects the fair and efficient conduct of the competitive bidding. The Commission also has the authority, at its sole discretion, to resume the competitive bidding starting from the beginning of the current or some previous round or cancel the competitive bidding in its entirety. � 1.2105 Bidding application and certification procedures; prohibition of collusion. (a) Submission of Short-Form Application (FCC Form 175). In order to be eligible to bid, an applicant must timely submit a short-form application (FCC Form 175), together with any appropriate upfront payment set forth by Public Notice. Beginning January 1, 1999, all short-form applications must be filed electronically. (1) All short-form applications
• http://wireless.fcc.gov/auctions/25/releases/da001537.doc http://wireless.fcc.gov/auctions/25/releases/da001537.pdf http://wireless.fcc.gov/auctions/25/releases/da001537.txt
  • Status Public Notice''). Id. at 14114-15. See Letters from Dean R. Brenner, Attorney for Ramona Lee Hayes-Bell, to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, re: Petition for Reconsideration or Waiver; Application of Ramona Lee Hayes-Bell for a New FM Radio Station at Pahrump, NV (September 23, 24 and 27, 1999). See also 47 C.F.R � 1.2105(a). See Pahrump, Nevada Closed Broadcast Auction to be Held on October 6, 1999 - 3 Qualified Bidders, Public Notice, DA 99-2062 at 1 n.3 (rel. October 1, 1999) (``October 1, 1999 Public Notice''). Consequently, the Bell application was reinstated and the Pahrump, Nevada market was removed from Auction No. 25 to allow time to reconstitute the pool of applicants to
• http://wireless.fcc.gov/auctions/25/releases/da991585.pdf http://wireless.fcc.gov/auctions/25/releases/da991585.txt http://wireless.fcc.gov/auctions/25/releases/da991585.wp
  • purposes of such [competitive bidding] proceeding," Section 73.5002 specifies the bidding procedures, certification requirements, and anti-collusion rules applicable to 3 mutually exclusive applications for commercial broadcast services that are subject to auction. Subsection (b) of that rule requires the timely submission of short-form applications along with all required certifications, information and exhibits pursuant to the provisions of 47 C.F.R. � 1.2105(a). Section 1.2105, in turn, requires the disclosure on the short-form of applicant ownership information as set forth in Section 1.2112. PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th Street, S.W. WASHINGTON, D.C. 20554 News Media Information: (202) 418-0500 Fax-On-Demand: (202) 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov DA99-1585 August 10, 1999 CLOSED BROADCAST AUCTIONS Ownership Disclosure Requirements For Auctions Scheduled For September 28, 1999
• http://wireless.fcc.gov/auctions/25/releases/da991800.pdf
  • payments can be found in the Public Notice announcing notice and filing requirements for Auction No. 25, DA 99-1346, released July 9, 1999, as supplemented by Erratum, released August 2, 1999. OTHER IMPORTANT INFORMATION Clarification Regarding Bidding Arrangements : Some applicants have requested clarification on whether parties to joint bidding agreements or other arrangements should separately submit upfront payments. Section 1.2105(a) of the Commission's Rules states that "in order to be eligible to bid, an applicant must timely submit a short-form application, together with any appropriate upfront payment..." 4 Thus, applicants that are parties to these arrangements and that wish to have the flexibility to bid in the auction individually must tender their own upfront payments. Qualified Bidders: A Public Notice
• http://wireless.fcc.gov/auctions/25/releases/da991872.doc http://wireless.fcc.gov/auctions/25/releases/da991872.pdf http://wireless.fcc.gov/auctions/25/releases/da991872.txt
  • F.2d 1153 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972) See "Closed Broadcast Auction; Notice and Filing Requirements for Auction of AM, FM, TV, LPTV, and FM and TV Translator Construction Permits Scheduled for September 23, 1999; Minimum Opening Bids and Other Procedural Issues," Public Notice, DA 99-1346 (rel. July 9, 1999) ("Broadcast Auction Public Notice"). 47 C.F.R. ? 1.2105 Broadcast Auction Public Notice at 12 and Attachment D, p. 1. Broadcast Auction Public Notice, Attachment D, p. 1. Letter at 1. Id. at 2. Id. See footnote 4, supra. See also Implementation of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Services Licensees, MM Docket No. 97-234, First Report and Order,
• http://wireless.fcc.gov/auctions/25/releases/da991912.pdf
  • Bob Allen at the same address and transmit this copy by facsimile transmission to (202) 418-0890. As described in the Commission's Rules, applicants may make only minor corrections to their FCC Form 175 applications; major modifications (e.g., changing the markets applied for, changing control of the applicant or changing the certifying official) will not be accepted. See 47 C.F.R. � 1.2105(b). Bidders are reminded that if ownership changes result in the diminishment or loss of a New Entrant Bidding Credit due to the attributable interests of new attributable interest holders, such information must be clearly stated in the bidder's amendment material and in the summary letter referenced above. In such cases, the Commission will make appropriate adjustments in the New Entrant
• http://wireless.fcc.gov/auctions/25/releases/da992153.doc http://wireless.fcc.gov/auctions/25/releases/da992153.pdf http://wireless.fcc.gov/auctions/25/releases/da992153.txt
  • Auction No. 25, this prohibition begins with the filing of short-form applications and ends on the down payment due date. The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). Applicants that entered into joint bidding arrangements are reminded that a full, post-auction disclosure is required of the terms, conditions and parties involved in any bidding consortia, joint venture, partnership or other agreement or arrangement it entered into prior to the completion of bidding. Additional Post-Auction Filing Requirements. Section 73.5005(a) of the Commission's rules requires that post auction filings include
• http://wireless.fcc.gov/auctions/25/releases/fc980194.pdf http://wireless.fcc.gov/auctions/25/releases/fc980194.txt http://wireless.fcc.gov/auctions/25/releases/fc980194.wp
  • Thus, for such applications we will require the reporting prior to the auction of any changes in the ownership information required by our uniform Part 1 disclosure standards. We nevertheless agree that, consistent with Part 1 rules providing that a short-form application is considered to be newly filed if it is amended by a major amendment (see 47 C.F.R. � 1.2105(b)(2)), a change in the control of an application otherwise subject to Section 309(l) would render the existing applicant ineligible to participate in an auction that is statutorily limited to pre-July 1st applicants. 58. We also note that proceeding with hearings and concomitant litigation will also be costly for all the applicants. Thus, given the circumstances, additional costs cannot be avoided.
• http://wireless.fcc.gov/auctions/25/releases/fc990074.pdf http://wireless.fcc.gov/auctions/25/releases/fc990074.txt http://wireless.fcc.gov/auctions/25/releases/fc990074.wp
  • Use of Proprietary Network and Software for Filing Applications Electronically 42. Background. In accordance with the general Part 1 auction rules, the First Report and Order determined that all broadcast and secondary broadcast applicants would be required to file electronically their short-form applications (FCC Form 175) to participate in an auction. See 13 FCC Rcd at 15977; 47 C.F.R. �� 1.2105(a), 73.5002(b). With regard to the long-form applications filed by broadcast service auction winners, the First Report and Order referred to the Commission's then-pending streamlining proceeding,52 and stated that the Commission may require all winning bidders to file their long-form applications (FCC Forms 301, 346 or 349) electronically, when electronic procedures become available for the submission of broadcast service long-form applications.
• http://wireless.fcc.gov/auctions/26/releases/d991591c.doc http://wireless.fcc.gov/auctions/26/releases/d991591c.txt
  • list the name(s) of the person(s) (no more than three) authorized to represent them at the auction. Only those individuals listed on the FCC Form 175 will be authorized to place or withdraw bids for the applicant during the auction. Note: Applicants may only share a common authorized bidder(s) if each applicant has selected separate markets. See 47 CFR � 1.2105(c). Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
• http://wireless.fcc.gov/auctions/26/releases/da000156.doc http://wireless.fcc.gov/auctions/26/releases/da000156.pdf http://wireless.fcc.gov/auctions/26/releases/da000156.txt
  • forth in Section 0.459 of the Commission's rules. Your statements that disclosure of the financial information in Exhibit E may result in substantial competitive harm are conclusory, and do not justify withholding from inspection materials that bear upon the applicants qualifications to participate in Auction No. 26 as a "very small business." See 47 C.F.R. Sections 90.1017, 90.1021, 90.1023, and 1.2105. Therefore, your request for confidentiality IS HEREBY DENIED. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau ����
• http://wireless.fcc.gov/auctions/26/releases/da000173.doc http://wireless.fcc.gov/auctions/26/releases/da000173.pdf http://wireless.fcc.gov/auctions/26/releases/da000173.txt
  • processed and reviewed, and payments and applications have been correlated. The same public notice will also include instructions on how to monitor the auction on-line, how to access the bid tracking tool software, a bidding schedule for the mock auction, and the bidding schedule for the first two days of the auction. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under section 1.2105(a)(2)(viii). If parties agreed in principle on all material terms, those parties must be identified on the
• http://wireless.fcc.gov/auctions/26/releases/da000274.doc http://wireless.fcc.gov/auctions/26/releases/da000274.pdf http://wireless.fcc.gov/auctions/26/releases/da000274.txt
  • Pass Word is seeking permission to amend its short-form application (FCC Form 175) for participation in Auction No. 26 to add 931 MHz license frequency blocks AA and AC through BK within the four market service areas specified in its application (MEA041, Spokane-Billings; MEA042, Salt Lake City; MEA045, Portland; and MEA046, Seattle). Specifically, Pass Word requests a waiver of Section 1.2105 (b)(2) of the Commission's Rules to permit a change to the license service areas identified on its short-form application. According to Pass Word, it intended to select all the 931 MHz license blocks for the four market service areas in which it actually selected only one license block. Absent a waiver, Pass Word would be ineligible to bid on all
• http://wireless.fcc.gov/auctions/26/releases/da000278.doc http://wireless.fcc.gov/auctions/26/releases/da000278.pdf http://wireless.fcc.gov/auctions/26/releases/da000278.txt
  • 20554 with a courtesy copy to Rosemary Cabral at the same address. As described in the Commission's Rules, applicants may make only minor corrections to their FCC Form 175 applications; major modifications (e.g., changing the markets applied for, changing control of the applicant, changing the certifying official or signing a manual application) will not be accepted. See 47 C.F.R. � 1.2105(b). Due Diligence. Bidders are reminded that they should continue to conduct due diligence examinations regarding incumbents and other legal developments with respect to the licenses for which they bid during the course of the auction. Mock Auction. The FCC will conduct a mock auction on Tuesday, February 22, 2000, to allow qualified bidders to familiarize themselves with the electronic bidding
• http://wireless.fcc.gov/auctions/26/releases/da000458.doc http://wireless.fcc.gov/auctions/26/releases/da000458.pdf http://wireless.fcc.gov/auctions/26/releases/da000458.txt
  • Newbury Park, CA 91320 Dear Mr. Buxbaum: This letter confirms your telephone conversation of February 23, 2000, with Brett Tarnutzer and responds to the ``Auction No. 26, Request for waiver by Network Services, LLC'' filed on February 18, 2000. Network Services, LLC. (``Network'') requests permission to amend its short-form application (FCC Form 175). Specifically, Network requests that we waive Section 1.2105 (b)(2) of the Commission's Rules to permit it to add license areas (MEA040-AW, MEA043-AW and MEA044-AW) to those already selected on its short-form application. In order to obtain a waiver of the Commission's competitive bidding rules, Network must show: (i) that the underlying purpose of the rule would not be served, or would be frustrated, by its application in this
• 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
  • Auction No. 26, this prohibition begins with the filing of short-form applications and ends on the down payment due date. The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). * * * * * For further information, contact: News Media: Meribeth McCarrick at 202-418-0654 Technical Support Hotline: Technical Support Personnel at 202-414-1250 (V) or 202-414-1255 (text telephone (TTY)) Office of the Managing Director Gail Glasser or Michelle Bennett Auctions Accounting Group at 202-418-1995 (Payment, FCC Form 159 and refund questions) Wireless Telecommunications Bureau, Bettye Woodward at 202-418-1345, Commercial Wireless
• http://wireless.fcc.gov/auctions/26/releases/da000626.doc http://wireless.fcc.gov/auctions/26/releases/da000626.pdf http://wireless.fcc.gov/auctions/26/releases/da000626.txt
  • for participation in Auction No. 26, the 929 and 931 MHz Paging Auction. Specifically, Pass Word sought permission to add 931 MHz license frequency blocks AA and AC through BK within the four market service areas specified in its FCC Form 175 (MEA041, Spokane-Billings; MEA042, Salt Lake City; MEA045, Portland; and MEA046, Seattle). The Division granted this waiver of Section 1.2105 (b)(2) of the Commission's Rules to permit Pass Word to change the license service areas identified on its FCC Form 175 for good cause shown. For the reasons set forth below, Cook's Petition is denied. Cook's Petition first argues that Pass Word's Request should have been dismissed solely because it is procedurally defective. In support of this argument, Cook states
• http://wireless.fcc.gov/auctions/26/releases/da012480.pdf http://wireless.fcc.gov/auctions/26/releases/da012480.txt
  • 20554 In the Matter of Trompex Corporation )))))))))File No.0000096244 ORDER Adopted: October 24, 2001 Released: October 25, 2001 By the Deputy Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. By this action, we set forth the disqualification and the default payment obligations and procedures for Trompex Corporation ("Trompex"), resulting from its violation of sections 1.2105(b)(2) and (c)(2) of the Commission's rules during the Commission's 929 and 931 MHz Paging Auction, Auction No. 26 ("Auction No. 26"). As discussed below, we find that Trompex is disqualified to be a Commission licensee and is subject to an initial default payment in the amount of $26,343. We also dismiss the long-form application of Supra Telecommunications & Information Systems,
• 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
  • precluded from communicating with all other applicants after filing the FCC Form 175. However, applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement(s) in their Form 175 short-form applications. By signing their FCC Form 175 short form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of
• 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
  • rounds or the interval at which bids are accepted in order to move the auction to closure more quickly. The Federal Communications Commission FCC 97-59 Notice, 11 FCC Rcd at 3128, � 95. 296 PCIA Comments at 29. 297 FTC Comments at 14. 298 Competitive Bidding Second Report and Order, 9 FCC Rcd at 2376, �� 164-165; 47 C.F.R. � 1.2105(a)(1). 299 See Assessment and Collection of Charges for FCC Proprietary Remote Software Packages, On-Lin e 300 Communications Services Charges, and Bidder's Information Packages in Connection With Auctionable Services, Report and Order, WT Docket No. 95-69, 10 FCC Rcd 10769 (1995). 57 duration of and intervals between bidding rounds will be announced either by Public Notice prior to the auction or
• http://wireless.fcc.gov/auctions/26/releases/fc990098.pdf http://wireless.fcc.gov/auctions/26/releases/fc990098.txt http://wireless.fcc.gov/auctions/26/releases/fc990098.wp
  • auctions will involve some of the telecommunications industry's smallest businesses, many of which would be first-time participants in a spectrum auction and would, at the same time, be trying to serve their customers with small staffs.339 Federal Communications Commission FCC 99-98 Second Report and Order and Further Notice, 12 FCC Rcd at 2802, � 156; see also 47 C.F.R. � 1.2105(c) 340 (the anti-collusion rule). Blooston Petition at 18-19; PageNet Petition at 15; PCIA Petition at 23-24; ProNet Petition at 25-26. 341 Part 1 Third Report and Order and Second Further Notice, 13 FCC Rcd at 466-67, � 162. 342 See 47 C.F.R. � 1.2105(c); see also Wireless Telecommunications Bureau Provides Guidance on the Anti- 343 Collusion Rule for D, E
• http://wireless.fcc.gov/auctions/26/releases/pagebp_a.pdf
  • business (or consortiums of small or very small businesses) for this auction.2 Specifically, for the 929 and 931 MHz Paging Auction, applicants applying to bid as small or very small businesses (or consortiums of very small, or small businesses) will be required to file as Exhibit C to their FCC Form 175 short form applications, all information required under Sections 1.2105(a) and Section 1.2112(a). In addition, these applicants must disclose, separately and in the aggregate, the gross revenues for the preceding three years of each of the following: (1) the applicant; (2) the applicant's affiliates; (3) the applicant's controlling interests; and (4) the affiliates of the applicant's controlling interests. Certification that the average gross revenues for the preceding three years do
• http://wireless.fcc.gov/auctions/26/releases/pagebp_b.pdf
  • 800 MHz Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd 11973, 11977, � 11 (1998)("Nevada Wireless"). 2 See Nevada Wireless, 13 FCC Rcd at 11978, � 13 (1998). 175 short-form applications.3 By signing their FCC Form 175 short form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application.4 Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of
• http://wireless.fcc.gov/auctions/26/releases/pagebp_f.pdf
  • list the name(s) of the person(s) (no more than three) authorized to represent them at the auction. Only those individuals listed on the FCC Form 175 will be authorized to place or withdraw bids for the applicant during the auction. Note: Applicants may only share a common authorized bidder(s) if each applicant has selected separate markets. See 47 CFR � 1.2105(c). Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
• http://wireless.fcc.gov/auctions/26/releases/pagebp_g.pdf
  • procedures-- (a) The applicable procedures for filing short-form applications and for submitting upfront payments and down payments contained in this chapter shall be followed by the applicant, who must disclose as part of its short-form application all parties to agreement(s) with or among other entities to partition the license pursuant to this section, if won at auction (see 47 CFR 1.2105(a)(2)(viii)); (b) Each party to an agreement to partition the authorization must file a long-form application (FCC Form 601) for its respective, mutually agreed-upon geographic area together with the application for the remainder of the MEA or EA filed by the auction winner. (c) If the partitioned authorization is being applied for as a partial assignment of the MEA or EA
• 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
  • Auction No. 25, this prohibition begins with the filing of short-form applications and ends on the down payment due date. The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). Applicants that entered into joint bidding arrangements are reminded that a full, post-auction disclosure is required of the terms, conditions and parties involved in any bidding consortia, joint venture, partnership or other agreement or arrangement it entered into prior to the completion of bidding. Additional Post-Auction Filing Requirements. Section 73.5005(a) of the Commission's rules requires that post auction filings include
• http://wireless.fcc.gov/auctions/28/releases/da000405.doc http://wireless.fcc.gov/auctions/28/releases/da000405.pdf http://wireless.fcc.gov/auctions/28/releases/da000405.txt
  • will be released approximately one week after upfront payments have been received and payments and applications have been correlated. The same public notice will also include instructions on how to monitor the auction on-line, a bidding schedule for the mock auction, and the bidding schedule for the first day of the auction. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same MX Group from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under section 1.2105(a)(2)(viii). If parties agreed in principle on all material terms, those parties must be identified on the short-form
• http://wireless.fcc.gov/auctions/28/releases/da000436.doc http://wireless.fcc.gov/auctions/28/releases/da000436.pdf http://wireless.fcc.gov/auctions/28/releases/da000436.txt
  • cert. denied, 409 U.S. 1027 (1972). See "Supplemental Closed Broadcast Auction; Auction No. 28, Notice and Filing Requirements for Auction of AM, FM, TV, LPTV, and FM and TV Translator Construction Permits Scheduled for March 21, 2000; Minimum Opening Bids and Other Procedural Issues," Public Notice, DA 99-2958 (rel. December 23, 1999) ("Auction No. 28 Public Notice"). 47 C.F.R. � 1.2105. Auction No. 28 Public Notice at 17. Id. at p. 16 and Attachment D, p. 1. See 47 C.F.R. � 1.2105. See also Implementation of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Services Licensees, MM Docket No. 97-234, First Report and Order, 13 FCC Rcd 15920 (1998), recon denied, Memorandum Opinion
• http://wireless.fcc.gov/auctions/28/releases/da000527.doc http://wireless.fcc.gov/auctions/28/releases/da000527.pdf http://wireless.fcc.gov/auctions/28/releases/da000527.txt
  • SW Washington, DC 20554 with a courtesy copy to Jose Ocho� at the same address. As described in the Commission's Rules, applicants may make only minor changes to their FCC Form 175 applications (e.g., mailing address, authorized bidders). Major modifications (e.g., changing the markets applied for, control of the applicant, certifying official) will not be accepted. See 47 C.F.R. � 1.2105(b). Due Diligence. Bidders are reminded that they should continue to conduct due diligence examinations regarding incumbents and other legal developments with respect to the permits for which they bid during the course of the auction. Mock Auction. The FCC will conduct a mock auction on Friday, March 17, 2000, to allow qualified bidders to familiarize themselves with the electronic bidding
• 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
  • Auction No. 28, this prohibition begins with the filing of short-form applications and ends on the down payment due date. The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). Applicants that entered into joint bidding arrangements are reminded that a full, post-auction disclosure is required of the terms, conditions and parties involved in any bidding consortia, joint venture, partnership or other agreement or arrangement it entered into prior to the completion of bidding. Additional Post-Auction Filing Requirements. Section 73.5005(a) of the Commission's rules requires that post auction filings include
• 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
  • has occurred nor will it preclude the initiation of an investigation when warranted. Applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement(s) in their FCC Form 175 short-form applications. By electronically submitting their FCC Form 175 short-form applications, applicants are certifying their compliance with Sections 1.2105(c) and 73.5002. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission, as promptly as possible and in any event within 30 days, of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an
• http://wireless.fcc.gov/auctions/28/releases/fc980194.pdf http://wireless.fcc.gov/auctions/28/releases/fc980194.txt http://wireless.fcc.gov/auctions/28/releases/fc980194.wp
  • Thus, for such applications we will require the reporting prior to the auction of any changes in the ownership information required by our uniform Part 1 disclosure standards. We nevertheless agree that, consistent with Part 1 rules providing that a short-form application is considered to be newly filed if it is amended by a major amendment (see 47 C.F.R. � 1.2105(b)(2)), a change in the control of an application otherwise subject to Section 309(l) would render the existing applicant ineligible to participate in an auction that is statutorily limited to pre-July 1st applicants. 58. We also note that proceeding with hearings and concomitant litigation will also be costly for all the applicants. Thus, given the circumstances, additional costs cannot be avoided.
• 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
  • Use of Proprietary Network and Software for Filing Applications Electronically 42. Background. In accordance with the general Part 1 auction rules, the First Report and Order determined that all broadcast and secondary broadcast applicants would be required to file electronically their short-form applications (FCC Form 175) to participate in an auction. See 13 FCC Rcd at 15977; 47 C.F.R. �� 1.2105(a), 73.5002(b). With regard to the long-form applications filed by broadcast service auction winners, the First Report and Order referred to the Commission's then-pending streamlining proceeding,52 and stated that the Commission may require all winning bidders to file their long-form applications (FCC Forms 301, 346 or 349) electronically, when electronic procedures become available for the submission of broadcast service long-form applications.
• 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
  • precluded from communicating with all other applicants after filing the FCC Form 175. However, applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement(s) in their Form 175 short-form applications. By signing their FCC Form 175 short form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of
• http://wireless.fcc.gov/auctions/30/releases/da000615.doc http://wireless.fcc.gov/auctions/30/releases/da000615.pdf http://wireless.fcc.gov/auctions/30/releases/da000615.txt
  • resubmitted FCC Form 175 applications have been processed and reviewed, and payments and applications have been correlated. The same public notice will also include instructions on how to access the bid tracking tool software, a bidding schedule for the Mock auction, and the bidding schedule for the first day of the auction. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). If parties agreed in principle on all material terms, those parties must be identified on the
• http://wireless.fcc.gov/auctions/30/releases/da000683.doc http://wireless.fcc.gov/auctions/30/releases/da000683.pdf http://wireless.fcc.gov/auctions/30/releases/da000683.txt
  • your clients: Townes Telecommunications, Incorporated; North Dakota Network Company; and PVT Networks, Incorporated (collectively as ``Applicants''). Applicants are seeking permission to amend their FCC Form 175 (``short-form application'') for participation in Auction No. 30 to add 39 GHz license frequency blocks A through N within the market service areas specified in their applications. Specifically, Applicants request a waiver of Section 1.2105 (b)(2) of the Commission's rules to permit a change to frequencies within the market service areas identified on their short-form applications. According to Applicants, they intended to select all the 39 GHz license blocks for the market service areas in which they actually selected only one license block. Absent a waiver, Applicants would be ineligible to bid on all 39
• http://wireless.fcc.gov/auctions/30/releases/da000699.doc http://wireless.fcc.gov/auctions/30/releases/da000699.pdf http://wireless.fcc.gov/auctions/30/releases/da000699.txt
  • you filed on March 27, 2000 on behalf of your client, Landmark Site Development, LLC (``Applicant''). Applicant is seeking permission to amend its FCC Form 175 (``short-form application'') for participation in Auction No. 30 to add 39 GHz license frequency blocks B through N within the market service areas specified in its application. Specifically, Applicant requests a waiver of Section 1.2105 (b)(2) of the Commission's rules to permit a change to frequencies within the market service areas identified in its short-form application. According to Applicant, it intended to select all the 39 GHz license blocks for the market service areas in which it actually selected only one license block. Absent a waiver, Applicant would be ineligible to bid on all 39
• http://wireless.fcc.gov/auctions/30/releases/da000724.doc http://wireless.fcc.gov/auctions/30/releases/da000724.pdf http://wireless.fcc.gov/auctions/30/releases/da000724.txt
  • 20554 with a courtesy copy to Kenneth Burnley at the same address. As described in the Commission's Rules, applicants may make only minor corrections to their FCC Form 175 applications (e.g., mailing address, authorized bidder). Major modifications (e.g., changing the markets applied for, changing control of the applicant, changing the certifying official) will not be accepted. See 47 C.F.R. � 1.2105(b). . Bidders are reminded that they should continue to conduct due diligence examinations regarding incumbents and other legal developments with respect to the licenses for which they bid during the course of the auction. Mock Auction. The FCC will conduct a mock auction on Friday, April 7, 2000, to allow qualified bidders to familiarize themselves with the electronic bidding software.
• http://wireless.fcc.gov/auctions/30/releases/da000817.doc http://wireless.fcc.gov/auctions/30/releases/da000817.pdf http://wireless.fcc.gov/auctions/30/releases/da000817.txt
  • Section 0.331 of the Commission's rules. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Wireless Telecommunications Bureau See Letter to Margaret Wiener, Chief, Legal Branch, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, from Messrs. Thomas Gutierrez and Todd Slamowitz, Counsel for Bell Mountain Communications, Inc., Re: Waiver of Upfront Payment Deadline (April 5, 2000) (``Request''). 47 C.F.R. � 1.2105(b)(2). 47 C.F.R. � 1.925. See ``Auction of Licenses for Fixed Point-to-Point Microwave Service in the 38.6 to 40.0 GHz (39 GHz) Band; Auction Notice and Filing Requirements for 2,450 Licenses in the 39 GHz Band Scheduled for April 12, 2000: Minimum Opening Bids and Other Procedural Issues,'' Public Notice, DA 00-112 (rel. January 21, 2000) (``Auction No. 30 Public Notice'').
• http://wireless.fcc.gov/auctions/30/releases/da000818.doc http://wireless.fcc.gov/auctions/30/releases/da000818.pdf http://wireless.fcc.gov/auctions/30/releases/da000818.txt
  • College, PA 16801-3963 Dear Mr. Beyerle: This letter responds to the Letter you filed on April 6, 2000, seeking permission to amend your FCC Form 175 (``short-form application'') for participation in Auction No. 30 to add 39 GHz license frequency blocks B through N within the market service areas specified in your application. Specifically, you request a waiver of Section 1.2105 (b)(2) of the Commission's rules to permit a change to frequencies within the market service areas identified in your short-form application. You contend that you intended to select all the 39 GHz license blocks for the market service areas in which you actually selected only one license block. For the reasons discussed below, we deny your Request. To obtain a
• http://wireless.fcc.gov/auctions/30/releases/da000892.doc http://wireless.fcc.gov/auctions/30/releases/da000892.pdf http://wireless.fcc.gov/auctions/30/releases/da000892.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 00-892 May 8, 2000 Mr. David E. Beyerle 331 S. Gill Street State College, PA 16801-3963 Dear Mr. Beyerle: This will respond to your April 14, 2000 letter seeking permission to amend your FCC Form 175 (``short-form application'') to participate in Auction No. 30. Specifically, you request a waiver of Section 1.2105(b)(2) of the Commission's rules to permit you to amend your short-form application to add 39 GHz license frequency blocks B through N within the market service areas identified in your application. You initially requested such a waiver by letter dated April 6, 2000. On April 11, 2000, the Auctions and Industry Analysis Division (``Division'') denied your request. Upon consideration of
• 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
  • As explained more fully in the Public Notice announcing Auction No. 30, this prohibition began with the filing of short-form applications and ends on the down payment due date. The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. * * * * * For further information, contact: News Media: Meribeth McCarrick at 202-418-0654 Technical Support Hotline: Technical Support Personnel at 202-414-1250 (V) or 202-414-1255 (text telephone (TTY)) Office of the Managing Director Gail Glasser or Tim Dates Auctions Accounting Group at 202-418-1995 (Payment, FCC Form 159 and refund questions)
• http://wireless.fcc.gov/auctions/30/releases/fc970391.pdf http://wireless.fcc.gov/auctions/30/releases/fc970391.txt http://wireless.fcc.gov/auctions/30/releases/fc970391.wp
  • the Public Notice will be returned as premature. Likewise, applications submitted after the deadline specified by Public Notice will be dismissed, with prejudice, as untimely. 125. Soon after the release of the initial Public Notice, a Bidder Information Package will be mad e available to prospective bidders. The Bidder Information Package will contain information about incumben t 47 C.F.R. � 1.2105(a)(2). 233 54 licensees based on our licensing records. Bidders also should conduct their own due diligence regardin g incumbent licensees within the 39 GHz band. 126. All bidders will be required to submit short-form applications on FCC Form 175 (and FCC Form 175-S, if applicable), by the date specified in the initial Public Notice. Applicants are encouraged to file Form
• 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
  • FCC Form 175. However, applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement(s) in their Form 175 short-form applications. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application under Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas(s). By signing their FCC Form 175 short-form applications, applicants are certifying
• http://wireless.fcc.gov/auctions/31/releases/da000785.doc http://wireless.fcc.gov/auctions/31/releases/da000785.pdf http://wireless.fcc.gov/auctions/31/releases/da000785.txt
  • WT Docket No. 99-168, FCC 00-5 (rel. January 7, 2000) 65 Fed. Reg. 3139 (January 20, 2000) at �� 137-141. See Service Rules for the 746-764 and 776-794 MHz Bands, and Revisions to Part 27 of the Commission's Rules, Second Report and Order, WT Docket No. 99-168, FCC 00-90 (rel. March 9, 2000) at � 105. See 47 C.F.R. � 1.2105 (c). See e.g., Wireless Telecommunications Bureau Provides Guidance on the Anti-Collusion Rule for D, E and F Block Bidders, Public Notice, DA 96-1460, (rel. August 28, 1996). $ B � ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O�
• 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
  • the 700 MHz Bands, Auction Scheduled for May 10, 2000, Minimum Opening Bids and Other Procedural Issues, Public Notice, 15 FCC Rcd 2921 (rel. Feb. 18, 2000), 65 Fed. Reg. 12251 (Mar. 8, 2000) (``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
• http://wireless.fcc.gov/auctions/31/releases/da001486.doc http://wireless.fcc.gov/auctions/31/releases/da001486.pdf http://wireless.fcc.gov/auctions/31/releases/da001486.txt
  • list the name(s) of the person(s) (no more than three) authorized to represent them at the auction. Only those individuals listed on the FCC Form 175 will be authorized to place or withdraw bids for the applicant during the auction. Note: Applicants may only share a common authorized bidder(s) if each applicant has selected separate markets. See 47 CFR � 1.2105(c). Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
• http://wireless.fcc.gov/auctions/31/releases/da010012.doc http://wireless.fcc.gov/auctions/31/releases/da010012.pdf http://wireless.fcc.gov/auctions/31/releases/da010012.txt
  • apply to Auction No. 31. The Bureau has set forth below significant amendments to the Competitive Bidding Rules, but it is the responsibility of each applicant to carefully review and comply with all applicable rules. Ownership Disclosure Requirements (Form 175 Exhibit A) All applicants must comply with the uniform Part 1 ownership disclosure standards and provide information required by Sections 1.2105 and 1.2112 of the Commission's Rules. Specifically, in completing Form 175, applicants will be required to file an Exhibit A providing a full and complete statement of the ownership of the bidding entity. The ownership disclosure standards for the short-form are set forth in Section 1.2112 of the Commission's Rules. Provisions Regarding Defaulters and Former Defaulters (Form 175, Exhibit D)
• http://wireless.fcc.gov/auctions/31/releases/da020659.pdf http://wireless.fcc.gov/auctions/31/releases/da020659.txt
  • of Part 1 of the Commission's Rules-Competitive Bidding Procedures, WT Docket No. 97- 82, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000) (modified by Erratum, DA 00-2475 (rel. Nov. 3, 2000)) ("Part 1 Fifth Report and Order"). Subsequently, the Commission amended Section 1.2105 of the Competitive Bidding Rules. In the Matter of Amendment of Part 1 of the Commission's Rules--Competitive Bidding Procedures, Seventh Report and Order, 16 FCC Rcd 17546, 17555, � 17 (2001) ("Part 1 Seventh Report and Order"). See infra note 47. On February 8, 2002, the Commission further amended Section 1.2110 of the Competitive Bidding Rules. Amendment of Part 1
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  • a geographic area licensing scheme for licenses in these bands that we believe is appropriate in light of the services that may be provided consistent with our rules. There is nothing in the Commission's rules that would prevent any parties from participating as part of a consortium of service providers, so long as the consortium observes the Commission's rules. Section 1.2105(a) of the Commission's rules requires that applicants that have entered into consortia identify all consortium members and any agreements relating to the post-auction market structure, and consortia must comply with the anti-collusion provisions of Section 1.2105(c). Consortia may also qualify for bidding credits under our small business provisions. We also find that our partitioning and disaggregation rules offer licensees sufficient
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  • Paxson states that its amenability to relocation is contingent on: (1) having an ``acceptable'' DTV must carry rule in place; (2) having an established FCC policy for moving DTV allocations from the 700 MHz band; and (3) receiving ``reasonable compensation'' from auction bidders for terminating analog operations. Paxson Communications ex parte filing, May 3, 2000. But see 47 C.F.R. � 1.2105(c) (anti-collusion rule). 47 C.F.R. �� 73.3580(d), 73.3572(a). Because analog and DTV broadcasting authority is conjoined in a single, unitary license, discontinuance of the analog over-the-air signal is a modification of license rather than a complete discontinuance of service. See 47 U.S.C. � 316. For example, we can envision voluntary agreements that would result in a particular incumbent station in the
• http://wireless.fcc.gov/auctions/31/releases/fc010025.doc http://wireless.fcc.gov/auctions/31/releases/fc010025.pdf http://wireless.fcc.gov/auctions/31/releases/fc010025.txt
  • secondary auction. Finally, we remind parties that where a secondary auction leads to private band clearing agreements, the Commission must approve any regulatory requests necessary to the effectuation of such agreements. Collusion Issues Background. Applicants to participate in Commission spectrum auctions and their affiliates are prohibited from engaging in collusive conduct. The Commission's anti-collusion requirements may be found in Section 1.2105(c) and are intended to deter anticompetitive conduct during auctions of spectrum licenses and to ensure the competitiveness of post-auction markets. We have also made clear that, where evidence exists that violations of federal antitrust laws or the Commission's anti-collusion rules may have occurred, the Commission may investigate and/or refer such allegations to the United States Department of Justice for investigation.
• http://wireless.fcc.gov/auctions/32/releases/d992585a.doc http://wireless.fcc.gov/auctions/32/releases/d992585a.txt
  • the electronic filing of the FCC Form 175 application is included as Attachment D to this Public Notice. Technical support is available at (202) 414-1250 (voice) or (202) 414-1255 (text telephone (TTY)); the hours of service are 8 a.m. - 6 p.m. EST, Monday - Friday. (2) Completion of the FCC Form 175 Applicants should carefully review 47 C.F.R. Sections 1.2105 and 73.5002 and must complete all items on the FCC Form 175. Detailed instructions for completing the FCC Form 175 are in Attachment B of this Public Notice. Form 175 is not submitted to the FCC until an applicant receives confirmation from the filing system that the form has been received by the Commission. Prohibition of Collusion To insure the
• http://wireless.fcc.gov/auctions/32/releases/d992585b.doc http://wireless.fcc.gov/auctions/32/releases/d992585b.txt
  • the FCC Form 175. Applicants must provide a street address; no P.O. Box addresses may be used. Completeness: Applicants must submit all information required by the FCC Form 175 and by applicable rules. Failure to submit required information by the resubmission date will result in dismissal of the application and inability to participate in the auction. See 47 C.F.R. � 1.2105(b). NOTE: Applicants must press the ``Submit Form 175'' button on the ``Submit'' page to successfully submit their FCC Form 175. Continuing Accuracy: Each applicant is responsible for the continuing accuracy and completeness of information furnished in the FCC Form 175 and its exhibits. See 47 C.F.R. � 1.65. Applicants are reminded that they consent to be audited in the certification
• http://wireless.fcc.gov/auctions/32/releases/d992585c.doc http://wireless.fcc.gov/auctions/32/releases/d992585c.txt
  • unjust enrichment provisions apply to a winning bidder that utilizes a bidding credit and subsequently seeks to assign or transfer control its license or construction permit to an entity not qualifying for the same level of bidding credit. OWNERSHIP DISCLOSURE REQUIREMENTS All applicants must comply with the uniform Part 1 ownership disclosure standards and provide information set forth in Sections 1.2105 and 1.2112 of the Commission's rules. Specifically, in completing Form 175, applicants will be required to file in Exhibit A, a full and complete statement of the ownership of the bidding entity. The ownership disclosure standards for the short form are set forth in Section 1.2112 of the Commission's rules. Bidders should note that, under Section 1.2112 (a)(4), the short
• http://wireless.fcc.gov/auctions/32/releases/da002416.doc http://wireless.fcc.gov/auctions/32/releases/da002416.pdf http://wireless.fcc.gov/auctions/32/releases/da002416.txt
  • are subject to the Commission's competitive bidding procedures. By this Public Notice, the Bureaus announce a settlement period for certain specified groups of mutually exclusive AM applicants and a period for filing 47 U.S.C. � 307(b) supplementary information, if relevant; the deadline for both is December 29, 2000. Anti-Collusion Rule. The prohibition of collusion set forth in 47 C.F.R. � 1.2105(c) becomes effective upon the filing of FCC Form 175, Application to Participate in an FCC Auction, and applies to all broadcast service auctions. See 47 C.F.R. � 73.5002(d). However, in certain circumstances, the Commission will allow a limited opportunity to settle, or otherwise resolve mutual exclusivities by means of engineering solutions, following the filing of the FCC Form 175 applications.
• http://wireless.fcc.gov/auctions/32/releases/da011441.doc http://wireless.fcc.gov/auctions/32/releases/da011441.pdf http://wireless.fcc.gov/auctions/32/releases/da011441.txt
  • copy of the related FCC Form 175. A courtesy copy of any Form 175/Form 301 application package filed during the window should also be sent to Elizabeth Robinson, Federal Communications Commission, Mass Media Bureau, Audio Services Division, Room 2-B450, 445 12th Street, S.W., Washington, D.C. 20554. (3) Completion of the FCC Form 175 Applicants should carefully review 47 C.F.R. Sections 1.2105 and 73.5002 and must complete all items on the FCC Form 175. Detailed instructions for completing the FCC Form 175 are listed in Attachment B of this Public Notice. Failure to sign the FCC Form 175 will result in dismissal of the application and loss of the ability to participate in the auction. Only original signatures will be accepted for
• 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
  • Use of Proprietary Network and Software for Filing Applications Electronically 42. Background. In accordance with the general Part 1 auction rules, the First Report and Order determined that all broadcast and secondary broadcast applicants would be required to file electronically their short-form applications (FCC Form 175) to participate in an auction. See 13 FCC Rcd at 15977; 47 C.F.R. �� 1.2105(a), 73.5002(b). With regard to the long-form applications filed by broadcast service auction winners, the First Report and Order referred to the Commission's then-pending streamlining proceeding,52 and stated that the Commission may require all winning bidders to file their long-form applications (FCC Forms 301, 346 or 349) electronically, when electronic procedures become available for the submission of broadcast service long-form applications.
• http://wireless.fcc.gov/auctions/33/releases/d000850a.doc
  • list the name(s) of the person(s) (no more than three) authorized to represent them at the auction. Only those individuals listed on the FCC Form 175 will be authorized to place or withdraw bids for the applicant during the auction. Note: Applicants may only share a common authorized bidder(s) if each applicant has selected separate markets. See 47 CFR � 1.2105(c). Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
• 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
  • FCC Form 175. However, applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement(s) in their Form 175 short-form applications. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application under Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas. By signing their FCC Form 175 short- form applications, applicants are
• http://wireless.fcc.gov/auctions/33/releases/da001800.doc http://wireless.fcc.gov/auctions/33/releases/da001800.pdf http://wireless.fcc.gov/auctions/33/releases/da001800.txt
  • been correlated, a public notice listing all applicants qualified to bid in the auction will be released. The same public notice will also include instructions on how to access the auction tracking tool software, a bidding schedule for the Mock auction, and the bidding schedule for the first day of the auction. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 33, this prohibition became effective at the filing deadline of short-form applications on
• 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
  • June 14, 2000; Minimum Opening Bids and Other Procedural Issues,'' Public Notice, DA 00-781 (released April 10, 2000) (``Auction No. 33 Procedures Public Notice''). See Auction No. 33 Procedures Public Notice. For information on the minimum opening bid for each of the licenses offered in Auction No. 33, see Attachment A. See 47 C.F.R � 1.65. See 47 C.F.R. � 1.2105(b). Id. See Auction No. 33 Procedures Public Notice at 9-10 See C.F.R. � 27.604. Id. See C.F.R. � 1.2104(g)(1). See C.F.R. � 1.2104(g)(2); see also � 1.2109(c). See 47 C.F.R. � 1.2112(b). a $ B � � � � � R� � �0� �`� �� �0� �� ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c)
• 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
  • As explained more fully in the Auction No. 33 Procedures Public Notice, this prohibition began with the filing of short-form applications and ends on the down payment due date. The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. * * * * * For further information, contact News Media: Meribeth McCarrick at 202-418-0654 Technical Support Hotline: Technical Support Personnel at 202-414-1250 (V) or 202-414-1255 (text telephone (TTY)) Office of the Managing DirectorAuctions Accounting Group (Payment, FCC Form 159 and refund questions) Gail Glasser or Tim Dates at 202-418-1995 Wireless
• 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
  • filing the FCC Form 175 short-form application. However, applicants may enter into bidding agreements before filing their FCC Form 175, as long as they disclose the existence of the agreement(s) in their Form 175. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application under Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas. By signing their FCC Form 175 short form applications, applicants are
• http://wireless.fcc.gov/auctions/34/releases/da001639.doc http://wireless.fcc.gov/auctions/34/releases/da001639.pdf http://wireless.fcc.gov/auctions/34/releases/da001639.txt
  • been correlated, a public notice listing all applicants qualified to bid in the auction will be released. The same public notice will also include instructions on how to access the auction tracking tool software, a bidding schedule for the Mock auction, and the bidding schedule for the first day of the auction. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 34, this prohibition became effective at the filing deadline of short-form applications on
• http://wireless.fcc.gov/auctions/34/releases/da001788.doc http://wireless.fcc.gov/auctions/34/releases/da001788.pdf http://wireless.fcc.gov/auctions/34/releases/da001788.txt
  • 2000 to August 16, 2000; Minimum Opening Bids and Other Procedural Issues,'' Public Notice, DA 00-1100 (released May 18, 2000) (``800 MHz Announcing Public Notice''). See 800 MHz Announcing Public Notice. For information on the minimum opening bid for each of the licenses offered in Auction No. 34, see Attachment A. See 47 C.F.R � 1.65. See 47 C.F.R. � 1.2105(b). See 800 MHz Announcing Public Notice at 9-10; see also ``Due Diligence Announcement for Upcoming 800 MHz Spectrum Auctions,'' Public Notice, DA 00-1449 (released June 29, 2000). See 47 C.F.R. � 1.2112(b). $ B �0� �`� �� �0� ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O
• 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
  • As explained more fully in the Auction No. 34 Announcing Public Notice, this prohibition began with the filing of short-form applications and ends on the down payment due date. The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. * * * * * For further information, contact: News Media: Meribeth McCarrick at 202-418-0654 Technical Support Hotline: Technical Support Personnel at 202-414-1250 (V) or 202-414-1255 (text telephone (TTY)) Office of the Managing Director Gail Glasser or Tim Dates Auctions Accounting Group at 202-418-1995 (Payment, FCC Form 159 and refund questions)
• 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
  • Requirements For Participation in the Upcoming PCS 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
• 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
  • Notice, 13 FCC Rcd 24,540, 24,545 (1998). 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. 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,
• 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
  • a license in the same BTA. However, applicants may enter into bidding agreements before filing their FCC Form 175, as long as they disclose the existence of the agreement(s) in their FCC Form 175. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application under Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas. By signing their FCC Form 175 short-form applications, applicants are certifying
• http://wireless.fcc.gov/auctions/35/releases/da002614.doc http://wireless.fcc.gov/auctions/35/releases/da002614.pdf http://wireless.fcc.gov/auctions/35/releases/da002614.txt
  • circumstances could have a chilling effect on participation in Auction No. 35 and would therefore undermine our efforts to encourage more efficient use of the spectrum. We note that winning bidders of licenses subject to pending proceedings are still required to meet the normal payment and construction schedules established by the Commission. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 35, this prohibition became effective at the filing deadline of short-form applications on
• http://wireless.fcc.gov/auctions/35/releases/da002721.doc http://wireless.fcc.gov/auctions/35/releases/da002721.pdf http://wireless.fcc.gov/auctions/35/releases/da002721.txt
  • licensees prior to Auction No. 22. According to Theta, it inadvertently chose all markets in its FCC Form 175 because Theta and its controlling interests assumed that all the spectrum surrendered by Fortunet had been purchased in Auction No. 22 or in the aftermarket. Theta contends that waiver would be appropriate because the gaming and collusion concerns that underlie Rule 1.2105(b) are not present. Theta further argues that permitting it to make the requested changes to its FCC Form 175 would be in the public interest because it would promote competition and would not prejudice other applicants. Finally, Theta contends that its Waiver Request should be granted because the alternative-disqualification-would prevent its participation in this auction. Upon review of your pleading,
• http://wireless.fcc.gov/auctions/35/releases/da002725.doc http://wireless.fcc.gov/auctions/35/releases/da002725.pdf http://wireless.fcc.gov/auctions/35/releases/da002725.txt
  • noon on Thursday, December 7, 2000. See Attachment D for downloading/installation instructions. This software is specifically designed for this simulation, and is not adaptable to any other FCC spectrum auction. As part of the software, the Commission has established a suggestion box and welcomes your comments regarding the software. OTHER IMPORTANT INFORMATION Prohibition of Collusion. Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 35, this prohibition became effective at the filing deadline of short-form applications on
• http://wireless.fcc.gov/auctions/35/releases/da002905.doc http://wireless.fcc.gov/auctions/35/releases/da002905.pdf http://wireless.fcc.gov/auctions/35/releases/da002905.txt
  • NPI, therefore, requests that we clarify that the anti-collusion rule does not prohibit NPI from discussing with other bidders the sale of NPI's interest in NOW, or alternatively, that we permit NOW to withdraw its auction application so that NOW would not be deemed an applicant for purposes of the anti-collusion rule. The Commission's anti-collusion rule, at 47 C.F.R. � 1.2105(c), states: [A]fter the short-form application filing deadline, all applicants are prohibited from cooperating, collaborating, discussing or disclosing in any manner the substance of their bids or bidding strategies, or discussing or negotiating settlement agreements, with other applicants until after the down payment deadline . . . . For purposes of the anti-collusion rule the term ``applicant'' includes ``all controlling interests
• http://wireless.fcc.gov/auctions/36/releases/d002752d.doc http://wireless.fcc.gov/auctions/36/releases/d002752d.txt
  • Section 310(b)(4)'s twenty-five percent benchmark. See id. In keeping with this pre-approval process, auction applicants are required to certify in their short form 175 applications that they are either in compliance with the foreign ownership requirements of Section 310 or that they have filed a request for relief of those requirements that is pending with the Commission. See 47 CFR 1.2105(a)(2)(v). Similarly, where foreign ownership is at issue, applicants must indicate in their long form 601 application that they have either received a declaratory ruling that grants them permission to exceed the statutory benchmark of section 310(b)(4) or that they have a request currently pending at the Commission. Applicants are advised that petitions for declaratory ruling to exceed the section 310(b)(4)
• 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
  • filing the FCC Form 175 short-form application. However, applicants may enter into bidding agreements before filing their FCC Form 175, as long as they disclose the existence of the agreement(s) in their Form 175. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application under Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas. By signing their FCC Form 175 short form applications, applicants are
• http://wireless.fcc.gov/auctions/36/releases/da002260.doc http://wireless.fcc.gov/auctions/36/releases/da002260.pdf http://wireless.fcc.gov/auctions/36/releases/da002260.txt
  • been made, a public notice listing all applicants qualified to bid in the auction will be released. The same public notice will also include instructions on how to access the auction tracking tool software, a bidding schedule for the Mock auction, and the bidding schedule for the first day of the auction. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 36, this prohibition became effective at the filing deadline of short-form applications on
• http://wireless.fcc.gov/auctions/36/releases/da002368.doc http://wireless.fcc.gov/auctions/36/releases/da002368.pdf http://wireless.fcc.gov/auctions/36/releases/da002368.txt
  • for 2,800 Licenses in the 800 MHz SMR Service Frequencies Lower 80 Channels; Auction Rescheduled from September 13, 2000 to November 1, 2000; Minimum Opening Bids and Other Procedural Issues,'' Public Notice, DA 00-1388 (released June 23, 2000) (``Auction No. 36 Announcing Public Notice''). See Auction No. 36 Announcing Public Notice, Attachment A. 47 C.F.R � 1.65. 47 C.F.R. � 1.2105(b). Id. See Auction No. 36 Announcing Public Notice at 11-12. 47 C.F.R. � 1.2112(b). 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 D b l | � � D b l | � � v� v� �0� � +D��
• 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
  • As explained more fully in the Auction No. 36 Announcing Public Notice, this prohibition began with the filing of short-form applications and ends on the down payment due date. The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. * * * * * For further information, contact: News Media: Mark Rubin at 202-418-2924 Technical Support Hotline: Technical Support Personnel at 202-414-1250 (V) or 202-414-1255 (text telephone (TTY)) Office of the Managing Director Gail Glasser or Tim Dates Auctions Accounting Group at 202-418-1995 (Payment, FCC Form 159 and refund questions)
• http://wireless.fcc.gov/auctions/37/K_Burnley.pdf
  • FM Broadcast Service, rules relating to application and auction procedures, and the procedures, terms and conditions contained in the Auction No. 37 public notices. Introduction Review of Exhibits for the short-form application (FCC Form 175) In particular, what to include in these attachments Additional helpful insights Notes Regarding Exhibits Rules listing the required information for exhibits are contained in Sections 1.2105 and 1.2112 of the Commission's Rules General guidelines are contained in Attachment D of the June 10,2004 Auction No. 37 Procedures Public Notice(DA 04-1699) No particular format for exhibits However exhibits need to be complete Exhibit A -Applicant Identity and Ownership Information Under Section 1.2105(a)(2)(ii), each applicant is required to disclose all real parties in interest Includes officers and directors
• http://wireless.fcc.gov/auctions/37/releases/da010119.doc http://wireless.fcc.gov/auctions/37/releases/da010119.txt
  • construction permit in that same market. However, applicants may enter into bidding agreements before filing their FCC Form 175, as long as they disclose the existence of the agreement(s) in their FCC Form 175. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application under Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same market. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance
• http://wireless.fcc.gov/auctions/37/releases/da010119e.pdf
  • FCC Form 175 short-form 15 See Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, FCC 00-274 (rel. August 14, 2000) ("Part 1 Fifth Report and Order"). 16 See 47 C.F.R. � 1.2105(c). 17 See In re Application of Nevada Wireless for a License to Provide 800 MHz Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd 11973, 11977, � 11 (1998) ("Nevada Wireless"). 18 See id. at 11978. 8 application with any other applicant for a FM construction permit in
• http://wireless.fcc.gov/auctions/37/resources/K_Burnley.pdf
  • FM Broadcast Service, rules relating to application and auction procedures, and the procedures, terms and conditions contained in the Auction No. 37 public notices. Introduction Review of Exhibits for the short-form application (FCC Form 175) In particular, what to include in these attachments Additional helpful insights Notes Regarding Exhibits Rules listing the required information for exhibits are contained in Sections 1.2105 and 1.2112 of the Commission's Rules General guidelines are contained in Attachment D of the June 10,2004 Auction No. 37 Procedures Public Notice(DA 04-1699) No particular format for exhibits However exhibits need to be complete Exhibit A -Applicant Identity and Ownership Information Under Section 1.2105(a)(2)(ii), each applicant is required to disclose all real parties in interest Includes officers and directors
• http://wireless.fcc.gov/auctions/38/releases/d010478d.doc http://wireless.fcc.gov/auctions/38/releases/d010478d.txt
  • 310(b)(4)'s twenty-five percent benchmark. See id. In keeping with this pre-approval process, auction applicants are required to certify in their short form 175 applications that they are either in compliance with the foreign ownership requirements of Section 310 or that they have filed a request for relief of those requirements that is pending with the Commission. See 47 C.F.R. � 1.2105(a)(2)(v), (vi). Similarly, where foreign ownership is at issue, applicants must indicate in their long form 601 application that they have either received a declaratory ruling that grants them permission to exceed the statutory benchmark of Section 310(b)(4) or that they have a request currently pending at the Commission. Applicants are advised that petitions for declaratory ruling to exceed the Section
• 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
  • FCC Form 175. However, applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement(s) in their Form 175 short-form applications. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application under Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas. By signing their FCC Form 175 short- form applications, applicants are
• http://wireless.fcc.gov/auctions/38/releases/da010138.doc http://wireless.fcc.gov/auctions/38/releases/da010138.pdf http://wireless.fcc.gov/auctions/38/releases/da010138.txt
  • and applications, a public notice listing all applicants qualified to bid in the auction will be released. The same public notice will also include instructions on how to access the auction tracking tool software, a bidding schedule for the Mock Auction, and the bidding schedule for the first day of the auction. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 38, this prohibition became effective at the filing deadline of short-form applications on
• http://wireless.fcc.gov/auctions/38/releases/da010258.doc http://wireless.fcc.gov/auctions/38/releases/da010258.pdf http://wireless.fcc.gov/auctions/38/releases/da010258.txt
  • noon on Thursday, February 8, 2001. See Attachment C for downloading/installation instructions. This software is specifically designed for this simulation, and is not adaptable to any other FCC spectrum auction. As part of the software, the Commission has established a suggestion box and welcomes your comments regarding the software. OTHER IMPORTANT INFORMATION Prohibition of Collusion. Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 38, this prohibition became effective at the filing deadline of short-form applications on
• 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
  • As explained more fully in the Auction No. 38 Procedures Public Notice, this prohibition began with the filing of short-form applications and ends on the down payment due date. The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. * * * * * For further information, contact News Media: Mark Rubin at 202-418-2924 Technical Support Hotline: Technical Support Personnel at 202-414-1250 (V) or 202-414-1255 (text telephone (TTY)) Office of the Managing Director Auctions Accounting Group (Payment, FCC Form 159 and refund questions) Gail Glasser or Tim Dates At 202-418-1995
• http://wireless.fcc.gov/auctions/39/releases/d011443f1.doc http://wireless.fcc.gov/auctions/39/releases/d011443f1.txt
  • 310(b)(4)'s twenty-five percent benchmark. See id. In keeping with this pre-approval process, auction applicants are required to certify in their short form 175 applications that they are either in compliance with the foreign ownership requirements of Section 310 or that they have filed a request for relief of those requirements that is pending with the Commission. See 47 C.F.R. � 1.2105(a)(2)(v), (vi). Similarly, where foreign ownership is at issue, applicants must indicate in their long form 601 application that they have either received a declaratory ruling that grants them permission to exceed the statutory benchmark of Section 310(b)(4) or that they have a request currently pending at the Commission. Applicants are advised that petitions for declaratory ruling to exceed the Section
• http://wireless.fcc.gov/auctions/39/releases/d011443f2.doc http://wireless.fcc.gov/auctions/39/releases/d011443f2.txt
  • 310(b)(4)'s twenty-five percent benchmark. See id. In keeping with this pre-approval process, auction applicants are required to certify in their FCC Form 175 applications that they either are in compliance with the foreign ownership requirements of Section 310 or that they have filed a request for relief from those requirements that is pending with the Commission. See 47 C.F.R. � 1.2105(a)(2)(v), (vi). Similarly, where foreign ownership is at issue, applicants must indicate in their FCC Form 601 applications that they either have received a declaratory ruling that grants them permission to exceed the statutory benchmark of Section 310(b)(4) or that they have a request currently pending at the Commission. Applicants are advised that petitions for declaratory ruling to exceed the Section
• 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
  • in the same VPC or EA. However, applicants may enter into bidding agreements before filing their FCC Form 175, as long as they disclose the existence of the agreement(s) in their FCC Form 175. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application under Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas. By signing their FCC Form 175 short-form applications, applicants are certifying
• http://wireless.fcc.gov/auctions/39/releases/da011177.doc http://wireless.fcc.gov/auctions/39/releases/da011177.pdf http://wireless.fcc.gov/auctions/39/releases/da011177.txt
  • and applications, a public notice listing all applicants qualified to bid in the auction will be released. The same public notice will also include instructions on how to access the auction tracking tool software, a bidding schedule for the Mock Auction, and the bidding schedule for the first day of the auction. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 39, this prohibition became effective at the filing deadline of short-form applications on
• 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
  • As explained more fully in the Auction No. 39 Procedural Public Notice, this prohibition began with the filing of short-form applications and ends on the down payment due date. The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. * * * * * For further information, contact News Media: Meribeth McCarrick at 202-418-0654 Technical Support Hotline: Technical Support Personnel at 202-414-1250 (V) or 202-414-1255 (text telephone (TTY)) Office of the Managing Director Auctions Accounting Group (Payment, FCC Form 159 and refund questions) Gail Glasser or Tim Dates at 202-418-1995
• http://wireless.fcc.gov/auctions/40/releases/03_pres.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Exhibits to FCC Form 175 I Context � How the Rules and Exhibits work together I Highlights to the Exhibits Context -- Rules I Rules determine what is required � Section 1.2105(a)(2) is the starting point for determining what must be included in FCC Form 175 I Rules seek information � More information is more useful -- applications with more information are more likely to be complete I Rules presume accuracy � Certification of compliance; know what you are saying Context -- Exhibits I Guide -- Attachment D to LOWER AND UPPER
• 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
  • they file FCC Form 175. However, all applicants may enter into bidding agreements before filing FCC Form 175, as long as they disclose the existence of the agreement(s) in their FCC Form 175. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application pursuant to Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for licenses covering the same geographic areas. By signing their FCC Form 175 short-form applications, applicants are
• http://wireless.fcc.gov/auctions/40/releases/da011961.doc http://wireless.fcc.gov/auctions/40/releases/da011961.pdf http://wireless.fcc.gov/auctions/40/releases/da011961.txt
  • the same manner as the defined increment used to set the minimum acceptable bid. Advance notice of the Bureau's decision to exercise its discretion with regard to acceptable bids in any manner will be announced via the Automated Auction System. Auction No. 40 Procedures Public Notice at 31 n.86. Id. Id. at 31-32. Id. at 31. See 47 C.F.R. � 1.2105(c). � $ B # $ # $ �� ! " $ � � ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D N ��- >��r�Kp��-~i�f�M�� z} ���� tm��(c)��cv `��� 0i 0i 0i 0i
• http://wireless.fcc.gov/auctions/40/releases/da012122.doc http://wireless.fcc.gov/auctions/40/releases/da012122.pdf http://wireless.fcc.gov/auctions/40/releases/da012122.txt
  • of its controlling interests, have ever been in default on any Commission license or delinquent on any non-tax debt owed to any Federal agency. Finally, applicants are reminded that the statement must cover delinquencies on non-tax debts to any Federal agency as well as any defaults on Commission licenses. - - - FCC - - - See 47 C.F.R. � 1.2105(a). See AMOR Family Broadcasting Group v. FCC, 918 F.2d 960, 962 (D.C. Cir. 1990); P & R Temmer v. FCC, 743 F.2d 918, 931 (D.C. Cir. 1984); Request of 220 Television, Inc., Dayton Ohio, 81 FCC 2d 575, 577 (1980). See 47 C.F.R. � 1.2101 et seq. Lower and Upper Paging Bands Auction Scheduled for June 26, 2001; Notice and
• http://wireless.fcc.gov/auctions/40/releases/da012262.pdf http://wireless.fcc.gov/auctions/40/releases/da012262.txt
  • be restricted as a result of current or future agreements with Canada or Mexico.8 Potential bidders are solely responsible for identifying associated risks and investigating and evaluating the degree to which such matters may affect their ability to bid on, otherwise acquire, or make use of licenses available in Auction No. 40. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 40, this prohibition became effective at the filing deadline of short-form applications on
• http://wireless.fcc.gov/auctions/40/releases/da012418.pdf http://wireless.fcc.gov/auctions/40/releases/da012418.txt
  • Bidding System User Manual provided in the second mailing. Attachment D of this Public Notice provides instructions for accessing the FCC Mock Auction site. The mock auction bidding schedule for Thursday, October 25, 2001, will be: Round 1 Bidding Period 9:00 a.m. - 11:00 a.m. ET Round 2 Bidding Period 12:30 p.m. - 1:30 p.m. ET 4 47 C.F.R. � 1.2105(b). 5 Id. 6 Auction No. 40 Procedures Public Notice at 7-8, 16 FCC Rcd at 7666-67; First Auction No. 40 Due Diligence Public Notice; Second Auction No. 40 Due Diligence Public Notice; Third Auction No. 40 Due Diligence Public Notice. 6 Round 3 Bidding Period 2:30 p.m. - 3:00 p.m. ET Round 4 Bidding Period 4:00 p.m. - 4:30 p.m.
• http://wireless.fcc.gov/auctions/40/releases/da012466.pdf http://wireless.fcc.gov/auctions/40/releases/da012466.txt
  • Lynn Communication, Inc. to Lisa Stover, Federal Communications Commission, dated September 21, 2001 ("Letter"). 2 Auction of Licenses for Lower and Upper Paging Bands Postponed Until October 30, 2001, Public Notice, DA 01-1307 (rel. May 25, 2001) ("Auction No. 40 Postponement Public Notice"). 3 Letter at 1. The attacks took place on Tuesday, September 11, 2001. 4 47 C.F.R. � 1.2105(a). 5 47 C.F.R. � 1.925. 6 Auction No. 40 Postponement Public Notice at 1. Alendra Lyons Lynn Communications, Inc. October 22, 2001 Page 2 would not be accepted.7 To facilitate filing, the Commission enabled applicants to submit applications via the internet 24 hours per day.8 You contend that Lynn's failure to timely submit its short-form application was due to the
• http://wireless.fcc.gov/auctions/40/releases/da012467.pdf http://wireless.fcc.gov/auctions/40/releases/da012467.txt
  • Public Notice, the Commission further announced that: [t]he original short-form application (FCC Form 175) filing window for Auction No. 40 closed on May 14, 2001 at 6 p.m. ET. All applications will be deemed ineffective and purged from the FCC's computer system. Any party will be 1 Letter from James K. Young to Margaret Wiener, undated ("Letter"). 2 47 C.F.R. �1.2105(a). 3 47 C.F.R. � 1.925. 4 Auction of Licenses for Lower and Upper Paging Bands Postponed Until October 30, 2001, Public Notice, DA 01-1307 (rel. May 25, 2001) ("Postponement Public Notice"). James K. Young Awesome Paging, Inc. October 22, 2001 Page 2 permitted to submit an application for Auction No. 40 in accordance with the new deadline stated above.5 Subsequently,
• http://wireless.fcc.gov/auctions/40/releases/da012472.pdf http://wireless.fcc.gov/auctions/40/releases/da012472.txt
  • is generalized and conclusory. Furthermore, the application fails to explain how disclosure of the information could result in substantial competitive harm. Mr. Valois' request, therefore, does not justify withholding from public inspection materials that bear upon his qualifications to participate in Auction No. 40 as a "very small business" receiving a thirty- five percent bidding credit. See 47 C.F.R. �� 1.2105, 2110, 2112. Additionally, the other sections under which Mr. Valois requested nondisclosure of the revenue information either do not exist or do not apply. 1 The Commission did not accept Mr. Valois' application to participate in Auction No. 40. His request for confidential treatment remains relevant, however, because all applications submitted to participate in the auction are made public, regardless
• http://wireless.fcc.gov/auctions/40/releases/da012858.pdf http://wireless.fcc.gov/auctions/40/releases/da012858.txt
  • in the Auction No. 40 Procedures Public Notice,6 this prohibition began with the filing of short-form applications and ends on the down payment due date, or December 27, 2001.7 The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. M. Return of SecurID Cards Bidders are encouraged to return their SecurID cards to the FCC by December 27, 2001 for recycling. A pre-addressed, stamped envelope is provided in this mailing that bidders should use to return the cards now that the auction is over. Please note that each SecurID card
• http://wireless.fcc.gov/auctions/40/releases/da012858E.pdf http://wireless.fcc.gov/auctions/40/releases/da012858E.txt
  • 310(b)(4)'s twenty-five percent benchmark. See id. In keeping with this pre-approval process, auction applicants are required to certify in their FCC Form 175 applications that they either are in compliance with the foreign ownership requirements of Section 310 or that they have filed a request for relief from those requirements that is pending with the Commission. See 47 C.F.R. � 1.2105(a)(2)(v), (vi). Similarly, where foreign ownership is at issue, applicants must indicate in their FCC Form 601 applications that they either have received a declaratory ruling that grants them permission to exceed the statutory benchmark of Section 310(b)(4) or that they have a request currently pending at the Commission. Applicants are advised that petitions for declaratory ruling to exceed the Section
• http://wireless.fcc.gov/auctions/40/releases/da021889.pdf http://wireless.fcc.gov/auctions/40/releases/da021889.txt
  • eligible for a bidding credit would be an impermissible major change.11 (2001) ("all applicants seeking bidding credits must list `the names, addresses, and citizenship of all officers, directors, and other controlling interests[.]' . . . To avoid any uncertainty, applicants should state that their application provides a complete list of relevant parties.") (emphasis in original; citation omitted). 4 47 C.F.R. �1.2105(b)(2). 5 See Auction of Licenses for Lower and Upper Paging Bands, DA 01-2262, Public Notice, 16 FCC Rcd 17,185 (2001) ("Auction No. 40 Status Public Notice"). 6 Auction No. 40 Status Public Notice, 16 FCC Rcd at 17,204. 7 Petition at 1-2. As indicated in the Petition, Mobilfone's initial September 16, 2001 short-form application further stated that Mark E. Staley
• 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
  • the initiation of an investigation when warranted. The Commission's anti-collusion rules allow applicants to form certain agreements during the auction, provided the applicants have not applied for licenses covering the same geographic areas. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application pursuant to Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for licenses covering the same geographic areas. By signing their FCC Form 175 short-form applications, applicants are
• http://wireless.fcc.gov/auctions/41/releases/da012052.doc http://wireless.fcc.gov/auctions/41/releases/da012052.pdf http://wireless.fcc.gov/auctions/41/releases/da012052.txt
  • 175 applications, and correlation of payments and applications, a public notice listing all applicants qualified to bid in the auction will be released. The same public notice will also include instructions for participating in the mock auction and a bidding schedule for the mock auction and the first day of the auction. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 41, this prohibition became effective at the filing deadline of short-form applications on
• http://wireless.fcc.gov/auctions/41/releases/da012201.doc http://wireless.fcc.gov/auctions/41/releases/da012201.pdf http://wireless.fcc.gov/auctions/41/releases/da012201.txt
  • bidding schedule for Friday, September 28, 2001, will be: Round 1 Bidding Period 9:00 a.m. - 10:00 a.m. ET Round 2 Bidding Period 11:00 a.m. - 12:00 p.m. ET Round 3 Bidding Period 1:00 p.m. - 1:30 p.m. ET Round 4 Bidding Period 2:30 p.m. - 3:00 p.m. ET OTHER IMPORTANT INFORMATION Prohibition of Collusion. Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 41, this prohibition became effective at the filing deadline of short-form applications on
• http://wireless.fcc.gov/auctions/41/releases/da012202.doc http://wireless.fcc.gov/auctions/41/releases/da012202.pdf http://wireless.fcc.gov/auctions/41/releases/da012202.txt
  • request is denied. This action is taken under authority delegated pursuant to Section 0.331 of the Commission's rules. Sincerely, Margaret W. Wiener Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau Application of Codecom, Inc. for Participation in Auction No. 41, Request for Rule Waiver and Request for Expedited Action, filed September 13, 2001 (``Waiver Request''). Id. 47 C.F.R. � 1.2105(b)(2). 47 C.F.R. � 1.925. ``Narrowband PCS Spectrum Auction Scheduled for October 3, 2001, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedural Issues,'' Public Notice, DA 01-1592, at Section III.D. (rel. July 9, 2001), 66 Fed. Reg. 38690 (``Auction No. 41 Procedures Public Notice''). Auction No. 41 Procedures Public Notice at Section III.D. Waiver Request at 1.
• http://wireless.fcc.gov/auctions/41/releases/da012429.pdf http://wireless.fcc.gov/auctions/41/releases/da012429.txt
  • As explained more fully in the Auction No. 41 Procedures Public Notice,6 this prohibition began with the filing of short-form applications and ends on the down payment due date.7 The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. M. Return of SecurID Cards Bidders are encouraged to return their SecurID cards to the FCC by November 1, 2001 for recycling. A pre-addressed, stamped envelope is provided in this mailing that bidders should use to return the cards now that the auction is over. Please note that each SecurID card
• http://wireless.fcc.gov/auctions/41/releases/da012429D.pdf http://wireless.fcc.gov/auctions/41/releases/da012429D.txt
  • 310(b)(4)'s twenty-five percent benchmark. See id. In keeping with this pre-approval process, auction applicants are required to certify in their FCC Form 175 applications that they either are in compliance with the foreign ownership requirements of Section 310 or that they have filed a request for relief from those requirements that is pending with the Commission. See 47 C.F.R. � 1.2105(a)(2)(v), (vi). Similarly, where foreign ownership is at issue, applicants must indicate in their FCC Form 601 applications that they either have received a declaratory ruling that grants them permission to exceed the statutory benchmark of Section 310(b)(4) or that they have a request currently pending at the Commission. Applicants are advised that petitions for declaratory ruling to exceed the Section
• http://wireless.fcc.gov/auctions/42/releases/da012349.pdf http://wireless.fcc.gov/auctions/42/releases/da012349.txt
  • restricted as a result of current or future agreements with Canada or Mexico.9 Potential bidders are solely responsible for identifying associated risks and investigating and evaluating the degree to which such matters may affect their ability to bid on, otherwise acquire, or make use of the licenses available in Auction No. 42. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 42, this prohibition became effective at the short-form 4 See Multiple Address Systems
• http://wireless.fcc.gov/auctions/42/releases/da012507.pdf http://wireless.fcc.gov/auctions/42/releases/da012507.txt
  • to 50,000 bidding units. The mock auction will 5 See FCC Announces Changes in Filing Procedures, Public Notice, DA 01-2430 (rel. Oct. 17. 2001); FCC Announces Change in Filing Location for Paper Documents, Public Notice, DA 01-2436 (rel. Oct. 17, 2001); Clarification on FCC's Announced Changes in Filing Procedures,Public Notice, DA 01-2451 (rel. Oct. 18, 2001). 6 47 C.F.R. � 1.2105(b). 7 Id. 8 Auction No. 42 Procedures Public Notice at 6-7 and Attachment B. The Public Safety Private Wireless Division will release shortly a public notice providing supplemental due diligence information on pending MAS matters. However, applicants are reminded that they are solely responsible for identifying associated risks and investigating and evaluating the degree to which matters may affect their
• http://wireless.fcc.gov/auctions/42/releases/da012763.pdf http://wireless.fcc.gov/auctions/42/releases/da012763.txt
  • in the Auction No. 42 Procedures Public Notice,23 this prohibition began with the filing of short-form applications and ends on the down payment due date, or December 14, 2001.24 The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed.25 M. Return of SecurID Cards Bidders are encouraged to return their SecurID cards to the FCC by December 14, 2001 for recycling. A pre-addressed, stamped envelope is provided in this mailing that bidders should use to return the cards 18 47 C.F.R. � 1.2108(b). 19 Pub. L. 105-33, 111 Stat. 251
• http://wireless.fcc.gov/auctions/42/releases/da012763d.pdf http://wireless.fcc.gov/auctions/42/releases/da012763d.txt
  • 310(b)(4)of the Communications Act, as amended. In keeping with this pre-approval process, auction applicants are required to certify in their FCC Form 175 applications that they either are in compliance with the foreign ownership requirements of Section 310 or that they have filed a request for relief from those requirements that is pending with the Commission. See 47 C.F.R. � 1.2105(a)(2)(v), (vi). Similarly, where foreign ownership is at issue, applicants must indicate in their FCC Form 601 applications that they either have received a declaratory ruling that grants them permission to exceed the statutory benchmark of Section 310(b)(4) or that they have a request currently pending at the Commission. Applicants are advised that petitions for declaratory ruling to exceed the Section
• http://wireless.fcc.gov/auctions/42/releases/fc990415.doc http://wireless.fcc.gov/auctions/42/releases/fc990415.pdf http://wireless.fcc.gov/auctions/42/releases/fc990415.txt
  • Report and Order. Additionally, any waiver requests listed in Appendix F of this Report and Order, filed in conjunction with applications for the 928/952/956 MHz bands between July 1, 1999 and the release date of this Report and Order, are dismissed as moot, and any associated applications are dismissed without prejudice. See supra at note 12. See 47 C.F.R. �� 1.2105 (``Bidding application and certification procedures; prohibition of collusion''), 1.2107 (``Submission of down payment and filing of long-form applications''), 1.2109 (``License grant, denial, default, and disqualification''). See, e.g., Maritime Third Report and Order, 13 FCC Rcd at 19889; 800 MHz Second Report and Order, 12 FCC Rcd at 19096; Amendment of the Commission's Rules Regarding the 37.0 - 38.6 GHz and
• http://wireless.fcc.gov/auctions/43/releases/da012315.pdf http://wireless.fcc.gov/auctions/43/releases/da012315.txt
  • Proposed Rule Making.22 13 Amendment of Part 1 of the Commission's Rules-Competitive Bidding Procedures, WT Docket No. 97- 82, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000) ("Part 1 Fifth Report and Order"). On September 27, 2001, the Commission further amended Section 1.2105 of the Competitive Bidding Rules. See In the Matter of Amendment of Part 1 of the Commission's Rules--Competitive Bidding Procedures, Seventh Report and Order, FCC 01-270, at 10 (rel. September 27, 2001) ("Part 1 Seventh Report and Order"). These further amendments do not take effect until 30 days after publication in the Federal Register, except for the requirement to report
• http://wireless.fcc.gov/auctions/43/releases/da012836.pdf http://wireless.fcc.gov/auctions/43/releases/da012836.txt
  • 76.1502 (e)(1) of the Commission's rules. Id., � 2. 3 The Bureau makes this temporary procedural change pursuant to 47 C.F.R. � 0.131(c). See also 5 U.S.C. � 553 (b)(A); Interim Electronic Filing Order, � 1. There is one exception to the refiling requirement, detailed infra. 4 All FCC Forms 175 are required to be filed electronically. 47 C.F.R. � 1.2105(a). See Auction No. 43 Multi-Radio Service Auction Scheduled for January 10, 2002: Notice and Filing Requirements, Minimum Opening Bids, Upfront 2 � For Auction No. 43 applicants and for non-applicants: Both non-applicants and Auction No. 43 applicants may file documents related to Auction No. 43 by electronic mail sent to the following address: . 5 The Bureau prefers that any
• http://wireless.fcc.gov/auctions/43/releases/da012902.pdf http://wireless.fcc.gov/auctions/43/releases/da012902.txt
  • a.m. - 10:00 a.m. ET 3 47 C.F.R � 1.65. 4 The Wireless Telecommunications Bureau issued a public notice, stating that electronic filing is the only acceptable method for filing documents in Auction No. 43. See Wireless Telecommunications Bureau Requires Electronic Filing of Documents for Auction No. 43, Public Notice, DA 01-2836 (rel. December 6, 2001). 5 47 C.F.R. � 1.2105(b). 6 Id. 7 Auction No. 43 Procedures Public Notice at 6-9 and Attachment B. 6 Round 2 Bidding Period 11:00 a.m. - 12:00 p.m. ET Round 3 Bidding Period 1:00 p.m. - 1:30 p.m. ET Round 4 Bidding Period 2:00 p.m. - 2:30 p.m. ET Round 5 Bidding Period 3:00 p.m. - 3:15 p.m. ET Round 6 Bidding Period 4:00
• http://wireless.fcc.gov/auctions/43/releases/da020157.pdf http://wireless.fcc.gov/auctions/43/releases/da020157.txt
  • in the Auction No. 43 Procedures Public Notice,9 this prohibition began with the filing of short-form applications and ends on the down payment due date, or February 5, 2002.10 The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. M. Return of SecurID Cards Bidders are encouraged to return their SecurID cards to the FCC by February 5, 2002 for recycling. A pre-addressed, stamped envelope is provided in this mailing that bidders should use to return the cards now that the auction is over. Please note that each SecurID card
• http://wireless.fcc.gov/auctions/43/releases/da020157e.pdf http://wireless.fcc.gov/auctions/43/releases/da020157e.txt
  • 310(b)(4)'s twenty-five percent benchmark. See id. In keeping with this pre-approval process, auction applicants are required to certify in their FCC Form 175 applications that they either are in compliance with the foreign ownership requirements of Section 310 or that they have filed a request for relief from those requirements that is pending with the Commission. See 47 C.F.R. � 1.2105(a)(2)(v), (vi). Similarly, where foreign ownership is at issue, applicants must indicate in their FCC Form 601 applications that they either have received a declaratory ruling that grants them permission to exceed the statutory benchmark of Section 310(b)(4) or that they have a request currently pending at the Commission. Applicants are advised that petitions for declaratory ruling to exceed the Section
• http://wireless.fcc.gov/auctions/44/releases/da020563.pdf http://wireless.fcc.gov/auctions/44/releases/da020563.txt
  • terms and conditions (collectively, "Terms") contained in this Public Notice; the Auction No. 44 Comment Public Notice; and the Part 1 Fifth Report and Order (as well as prior and subsequent Commission proceedings regarding competitive bidding procedures).39 38 Lower 700 MHz Report & Order at � 174. 39 Part 1 Fifth Report and Order. The Commission has further amended Section 1.2105 of the Competitive Bidding Rules. See In the Matter of Amendment of Part 1 of the Commission's Rules--Competitive Bidding Procedures, Seventh Report and Order, 16 FCC Rcd 17546, 17555, � 17 (2001) ("Part 1 Seventh Report and 7 Auction participants bidding on licenses in the 698-746 MHz spectrum band should also be familiar with the Lower 700 MHz Notice of
• http://wireless.fcc.gov/auctions/44/releases/da021346.pdf http://wireless.fcc.gov/auctions/44/releases/da021346.txt
  • be pending before the Commission and relate to particular applicants or incumbent licensees. In addition, certain judicial proceedings that may relate to particular applicants or the licenses available in Auction No. 44 may be commenced, or may be pending or subject to further review. We note that resolution of these matters 5 47 C.F.R � 1.65. 6 47 C.F.R. � 1.2105(b). 7 Id. 8 See Due Diligence Announcement for the Upcoming Auction of Licenses in the 698-746 MHz Band Scheduled for June 19, 2002, Public Notice, DA 02-904 (rel. April 18, 2002). See also Auction No. 44 Procedures Public Notice at 11-12. 6 could have an impact on the availability of spectrum in Auction No. 44. Some of these matters (whether
• http://wireless.fcc.gov/auctions/44/releases/da021817.pdf http://wireless.fcc.gov/auctions/44/releases/da021817.txt
  • 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, 4951 (2002) ("Auction No. 44 Procedures Public Notice"). Pursuant to Commission rules, applicants must select the license(s) on which they wish to bid in their short-form applications. 47 C.F.R. �1.2105(a)(2)(i). 9 Auction No. 44 Procedures Public Notice, 17 FCC Rcd. at 4951. 10 See Auction of Licenses in the 747-762 and 777-792 MHz Bands (Auction No. 31); Auction of Licenses in the 698-746 MHz Band (Auction No. 44); Cellular Telecommunications & Internet Association; Paxson Communications Corporation and the Spectrum Clearing Alliance; Applications for Review of Wireless Telecommunications Bureau Letter, Order,
• http://wireless.fcc.gov/auctions/44/releases/fc010364.pdf http://wireless.fcc.gov/auctions/44/releases/fc010364.txt
  • Bidding Procedures, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000) (Part 1 Order on Reconsideration, Fifth Report and Order, and Fourth FNPRM) recons. pending. The Commission has also recently amended its prohibition on collusion in competitive bidding, which is found in Section 1.2105(c) of the Commission's rules. See Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, WT Docket 97-82, 16 FCC Rcd 17546 (2001). See also 47 C.F.R. � 1.2101 et seq. (Subpart Q -- Competitive Bidding Proceedings). 463 See Gila River Comments at 13-14. 464 See 47 C.F.R. � 1.2110(c)(5)(xi). 465 See Gila River
• http://wireless.fcc.gov/auctions/45/releases/da020470.pdf http://wireless.fcc.gov/auctions/45/releases/da020470.txt
  • of the Commission's Rules-Competitive Bidding Procedures, WT Docket No. 97- 82, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000) (modified by Erratum, DA 00-2475 (rel. Nov. 3, 2000)) ("Part 1 Fifth Report and Order") (recons. pending). The Commission has further amended Section 1.2105 of the Competitive Bidding Rules. In the Matter of Amendment of Part 1 of the Commission's Rules--Competitive Bidding Procedures, Seventh Report and Order, 16 FCC Rcd 17546, 17555, � 17 (2001) ("Part 1 Seventh Report and Order"). See infra note 21. On February 8, 2002, the Commission further amended Section 1.2110 of the Competitive Bidding Rules. Amendment of Part 1
• http://wireless.fcc.gov/auctions/45/releases/da020965.pdf http://wireless.fcc.gov/auctions/45/releases/da020965.txt
  • of these matters may not be resolved by the time of the auction. Potential bidders are solely responsible for identifying associated risks and for investigating and evaluating the degree to which such matters may affect their ability to bid on, otherwise acquire, or make use of licenses available in Auction No. 45. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for the same geographic license area from communicating with each 5 Id. at 4-5. 6 Id. See Implementation of Competitive Bidding Rules to License Certain Rural Service Areas, WT Docket No. 01- 32, Report and Order, 17 FCC Rcd 1960, 1977, �� 37-38 (2002) ("Cellular RSA Report and Order") . 7 See Ranger Cellular
• http://wireless.fcc.gov/auctions/45/releases/da021147.pdf http://wireless.fcc.gov/auctions/45/releases/da021147.txt
  • judicial proceedings that may relate to particular applicants or the licenses available in Auction No. 45 may be pending or subject to further review. We note that resolution of these matters could have an impact on the availability of spectrum in Auction No. 45. Some of these matters (whether before the 4 47 C.F.R � 1.65. 5 47 C.F.R. � 1.2105(b). 6 Id. 7 See Auction No. 45 Procedures Public Notice at 4-5. Ranger Cellular and Miller Communications, Inc. ("Ranger and Miller") have filed a petition for review of the Cellular RSA Report and Order in the United States Court of Appeals for the District of Columbia Circuit. Ranger Cellular and Miller Communications, Inc. v. FCC, No. 02-1093 (D.C. Cir. filed
• http://wireless.fcc.gov/auctions/45/releases/da021221.pdf http://wireless.fcc.gov/auctions/45/releases/da021221.txt
  • affiliate Lancaster Communications, Inc. ("Lancaster") with respect to a pending Petition for Reconsideration filed by Lancaster on April 25, 2002. 47 C.F.R. � 1.113(a). 2 We note, however, that Paris is listed as a qualified bidder only conditionally, until resolution of a pending Petition for Reconsideration filed by Lancaster, an affiliate of Paris, which will determine Paris' compliance with Section 1.2105(a)(2)(x) of the Commission's rules. 47 C.F.R. � 1.2105(a)(2)(x). The Wireless Telecommunications Bureau reserves 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
• http://wireless.fcc.gov/auctions/45/releases/da021316.pdf http://wireless.fcc.gov/auctions/45/releases/da021316.txt
  • in the Auction No. 45 Procedures Public Notice,19 this prohibition began with the filing of short-form applications and ends on the down payment due date, or June 20, 2002.20 The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. L. Return of SecurID Cards Bidders are encouraged to return their SecurID cards to the FCC by June 20, 2002 for recycling. The Commission will send bidders a copy of this Public Notice and a pre-addressed, stamped envelope. All bidders should use the envelope to return the cards now that the
• http://wireless.fcc.gov/auctions/45/releases/da021316c.pdf http://wireless.fcc.gov/auctions/45/releases/da021316c.txt
  • 310(b)(4)'s twenty-five percent benchmark. See id. In keeping with this pre-approval process, auction applicants are required to certify in their FCC Form 175 applications that they either are in compliance with the foreign ownership requirements of Section 310 or that they have filed a request for relief from those requirements that is pending with the Commission. See 47 C.F.R. � 1.2105(a)(2)(v), (vi). Similarly, where foreign ownership is at issue, applicants must indicate in their FCC Form 601 applications that they either have received a declaratory ruling that grants them permission to exceed the statutory benchmark of Section 310(b)(4) or that they have a request currently pending at the Commission. Applicants are advised that petitions for declaratory ruling to exceed the Section
• http://wireless.fcc.gov/auctions/45/releases/fc020009.pdf http://wireless.fcc.gov/auctions/45/releases/fc020009.txt
  • Notice on auction-related procedural issues, including the appropriate (Continued from previous page) Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000) (modified by Erratum, DA 00-2475 (rel. Nov. 3, 2000)) (Part 1 Order on Reconsideration) (recons. pending). More recently, the Commission adopted modifications to Section 1.2105(c) of the Commission's rules, the competitive bidding "anti-collusion rule." Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Seventh Report and Order, FCC 01-270 (rel. Sept. 27, 2001). See also 47 C.F.R. � 1.2101 et seq. 76 Notice, 16 FCC Rcd at 4302, � 12. 77 Id. 78 Id. 79 Id. See 47
• http://wireless.fcc.gov/auctions/46/releases/04pres.pdf
  • to FCC Form 175 and Related Issues Related Issues Auction No. 46: 1670-1675 MHz Band Auction Seminar Auction No. 46: 1670-1675 MHz Band Auction Seminar September 18, 2002 September 18, 2002 Introduction Introduction ��Roadmap Roadmap ��Exhibits: Highlights Exhibits: Highlights ��Reminders Reminders Rules: A Roadmap Rules: A Roadmap ��Rules Seek Information Rules Seek Information ��Part 1, Subpart Q; 47 C.F.R. Sections 1.2105 Part 1, Subpart Q; 47 C.F.R. Sections 1.2105 and 1.2112. and 1.2112. ��Attachment D to 1670-1675 MHz Band Attachment D to 1670-1675 MHz Band Auction Scheduled for October 30, 2002, Auction Scheduled for October 30, 2002, Public Notice, DA 02-1871 ( , DA 02-1871 (rel rel. August 5, . August 5, 2002). 2002). Rules: A Roadmap Rules: A Roadmap ��Ensure
• http://wireless.fcc.gov/auctions/46/releases/da021871.pdf http://wireless.fcc.gov/auctions/46/releases/da021871.txt
  • Part 1 of the Commission's Rules � Competitive Bidding Procedures, WT Docket 97-82, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000) modified by Erratum, DA 00-2475 (rel. November 3, 2000)) ("Part 1 Fifth Report and Order"). The Commission has further amended Section 1.2105 of the Competitive Bidding Rules. Amendment of Part 1 of the Commission's Rules � Competitive Bidding Procedures, WT Docket 97-82, Seventh Report and Order, 16 FCC Rcd 17546, 17555, � 17 (2001) ("Part 1 Seventh Report and Order"). On February 8, 2002, the Commission further amended Section 1.2110 of the Competitive Bidding Rules. Amendment of Part 1 of the Commission's
• http://wireless.fcc.gov/auctions/46/releases/fc020015.pdf http://wireless.fcc.gov/auctions/46/releases/fc020015.txt
  • Small Business Administration, to Daniel B. Phythyon, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, dated January 6, 1998. 24 See Small Business Administration Tabulation File, SBA Size Standards Table 2C, January 23, 1996, SBA, Standard Industrial Code (SIC) categories 8050 (Nursing and Personal Care Facilities) and 8060 (Hospitals). (SBA Tabulation File). 25 47 C.F.R. � 1.2105. Federal Communications Commission FCC 02-15 62 through the Universal Licensing System using FCC Form 601,26 and other appropriate forms.27 Licensees will also be required to apply for an individual station license by filing FCC Form 601 for those individual stations that (1) require submission of an Environmental Assessment under Section 1.1307 of our Rules;28 (2) require international coordination;29 (3) would
• http://wireless.fcc.gov/auctions/46/releases/fc020152.pdf http://wireless.fcc.gov/auctions/46/releases/fc020152.txt
  • Part 1 proceeding, the Commission has engaged in an on-going effort to clarify and amend its general competitive bidding rules for all auctionable services. See Part 1 Order on Reconsideration, Fifth Report and Order, and Fourth FNPRM, 15 FCC Rcd at 15294, �� 1-2. The Commission recently amended its prohibition on collusion in competitive bidding, which is found in Section 1.2105(c) of the Commission's rules. Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, WT Docket 97- 82, 16 FCC Rcd 17546 (2001). In addition, the Commission recently amended its competitive bidding attribution rule, which is found in Section 1.2110(c) of the Commission's rules. Amendment of Part 1 of the Commission's Rules - Competitive
• http://wireless.fcc.gov/auctions/52/resources/B_Carter.pdf
  • relating to MVDDS, rules relating to application and auction procedures, and the procedures, terms and conditions contained in the Auction No. 53 public notices. Introduction �Review of Exhibits for the short-form application (FCC Form 175). �How the Rules and Exhibits work together. �Provide additional helpful insights. Notes Regarding Exhibits �Rules listing the required information for exhibits are contained in Sections 1.2105 and 1.2112 of the Commission's Rules, and where applicable Section 1.2110. �General guidelines are contained in Attachment D to the "Auction of Direct Broadcast Satellite Service Licenses Rescheduled for July 14, 2004," Public Notice, DA 04-278 (rel. February 6, 2004). Notes Regarding Exhibits �No particular format for exhibits. �However, exhibits must be complete. �Refer to Section 1.2105(b) concerning modification and
• http://wireless.fcc.gov/auctions/53/releases/fc020116.pdf
  • to cancellation at the end of the initial license term.442 Under the second option, the original licensee or partitionor certifies that it has met or will meet the substantial service requirement for the entire service area during the license term. If the original licensee fails to make the required showing, 435 47 U.S.C. �� 309(j)(3)(B), 309(j)(4)(C). 436 47 C.F.R. � 1.2105. 437 See, e.g., Partitioning and Disaggregation Report and Order, 11 FCC Rcd at 21843-44 �� 13-17. 438 Teligent Comments at 25-26. 439 We codify this understanding at 47 C.F.R. � 101.1415. See Appendix D. We find that partitioning along county lines best comports with one of the underlying considerations for crafting CEAs, namely, that each CEA consists of a single
• http://wireless.fcc.gov/auctions/53/resources/B_Carter.pdf
  • relating to MVDDS, rules relating to application and auction procedures, and the procedures, terms and conditions contained in the Auction No. 53 public notices. Introduction �Review of Exhibits for the short-form application (FCC Form 175). �How the Rules and Exhibits work together. �Provide additional helpful insights. Notes Regarding Exhibits �Rules listing the required information for exhibits are contained in Sections 1.2105 and 1.2112 of the Commission's Rules, and where applicable Section 1.2110. �General guidelines are contained in Attachment D to the "Auction of Licenses in the Multichannel Video Distribution and Data Service Rescheduled for January 14, 2004," Public Notice, DA 03-2354 (rel. August 28, 2003). Notes Regarding Exhibits �No particular format for exhibits. �However, exhibits must be complete. �Refer to Section
• http://wireless.fcc.gov/auctions/55/resources/AuctionRulesElectronicFilingForm175.pdf
  • Radio ("SMR") Service, rules relating to application and auction procedures, and the procedures, terms and conditions contained in the Auction No. 55 public notices. Introduction �Review of Exhibits for the short-form application (FCC Form 175). �How the Rules and Exhibits work together. �Provide additional helpful insights. Notes Regarding Exhibits �Rules listing the required information for exhibits are contained in Sections 1.2105 and 1.2112 of the Commission's Rules, and where applicable Section 1.2110. �General guidelines are contained in Attachment D to the "Auction of 900 MHz Specialized Mobile Radio ("SMR") Service Licenses Scheduled for February 11, 2004," Public Notice, DA 03-3235 (rel. October 17, 2003). Notes Regarding Exhibits �No particular format for exhibits. �However, exhibits must be complete. �Refer to Section 1.2105(b)
• http://wireless.fcc.gov/auctions/56/releases/da021745.pdf http://wireless.fcc.gov/auctions/56/releases/da021745.txt
  • under Commission rules that became effective on that date.5 1 Petition for Reconsideration filed by Thomas J. Dougherty, Jr., Russ Taylor, counsel for FlexCom, dated December 22, 2000 ("Petition"). 2 Letter from Russ Taylor, counsel for FlexCom, to the Federal Communications Commissions, dated December 4, 2000. Because FlexCom did not file its application electronically, as required by 47 C.F.R. � 1.2105(a) of the Commission's rules, FlexCom created an attachment listing the Economic Areas ("EA") and channels for each EA in which it had an interest. 3 Letter from Kathryn M. Garland, Chief, Auctions Operations Branch, Auctions & Industry Analysis Division, Wireless Telecommunications Bureau, to Russ Taylor, counsel for FlexCom, dated December 8, 2000. 4 Petition at 2. 5 Id. at 1.
• http://wireless.fcc.gov/auctions/56/releases/fc000272.doc http://wireless.fcc.gov/auctions/56/releases/fc000272.pdf http://wireless.fcc.gov/auctions/56/releases/fc000272.txt
  • Comments at 7-8; SBA Comments at 2-3; NTCA Reply Comments at 2-3. NTCA Reply Comments at 3. 47 U.S.C. �� 309(j)(3)(B), 309(j)(4)(C); see PCIA Comments at 7. See Wireless Telecommunications Bureau Grants Consent to Assign C and F Block Broadband PCS and SMR Licenses (Application File Nos. 0000016887, 0000016892), Public Notice, DA 00-213 (rel. Feb. 8, 2000). 47 C.F.R. � 1.2105. See, e.g., Geographic Partitioning and Spectrum Disaggregation by Commercial Mobile Radio Services Licensees and Implementation of Section 257 of the Communications Act - Elimination's of Market Barriers, WT Docket No.96-148, Report and Order and Further Notice of Proposed Rulemaking, 11 FCC Rcd 21831, 21843-44 �� 13-17 (1996) (Partitioning and Disaggregation Report and Order). NPRM, 14 FCC Rcd at 19273 �
• http://wireless.fcc.gov/auctions/56/resources/HowardDavenport.pdf
  • 24 GHz Band, rules relating to application and auction procedures, and the procedures, terms and conditions contained in the Auction No. 56 public notices. Introduction �Review of Exhibits for the short-form application (FCC Form 175). �How the Rules and Exhibits work together. �Provide additional helpful insights. Notes Regarding Exhibits �Rules listing the required information for exhibits are contained in Sections 1.2105 and 1.2112 of the Commission's Rules, and where applicable Section 1.2110. �General guidelines are contained in Attachment D to the "Auction of 24 GHz Service Licenses Scheduled for July 28, 2004," Public Notice, DA 04-633 (rel. March 12, 2004). Notes Regarding Exhibits �No particular format for exhibits. �However, exhibits must be complete. �Refer to Section 1.2105(b) concerning modification and dismissal
• http://wireless.fcc.gov/auctions/57/resources/H_Davenport.pdf
  • System Spectrum service, rules relating to application and auction procedures, and the procedures, terms and conditions contained in the Auction No. 57 public notices. Introduction �Review of Exhibits for the short-form application (FCC Form 175). �How the Rules and Exhibits work together. �Provide additional helpful insights. Notes Regarding Exhibits �Rules listing the required information for exhibits are contained in Sections 1.2105 and 1.2112 of the Commission's Rules, and where applicable Section 1.2110. �General guidelines are contained in Attachment D to the "Auction of AMTS Licenses Scheduled for September 15, 2004," Public Notice, DA 04-1513 (rel. May 26, 2004). Notes Regarding Exhibits �No particular format for exhibits. �However, exhibits must be complete. �Refer to Section 1.2105(b) concerning modification and dismissal of applications.
• http://wireless.fcc.gov/auctions/58/resources/AudryBashkin.pdf
  • of Exhibits for the short--form form application (FCC Form 175). application (FCC Form 175). How the Rules and Exhibits work How the Rules and Exhibits work together. together. Provide additional helpful insights. Provide additional helpful insights. Notes Regarding Exhibits Notes Regarding Exhibits Rules listing the required information for exhibits Rules listing the required information for exhibits are contained in Sections 1.2105 and 1.2112 of the are contained in Sections 1.2105 and 1.2112 of the Commission's Rules, and Section 1.2110. Commission's Rules, and Section 1.2110. Rules governing broadband PCS are contained in Rules governing broadband PCS are contained in Part 24. Part 24. General guidelines are contained in Attachment D General guidelines are contained in Attachment D to the "Broadband PCS Spectrum
• http://wireless.fcc.gov/auctions/59/resources/05_HDavenport.pdf
  • of Exhibits for the short--form form application (FCC Form 175). application (FCC Form 175). How the Rules and Exhibits work How the Rules and Exhibits work together. together. Provide additional helpful insights. Provide additional helpful insights. Notes Regarding Exhibits Notes Regarding Exhibits Rules listing the required information for exhibits Rules listing the required information for exhibits are contained in Sections 1.2105 and 1.2112 of the are contained in Sections 1.2105 and 1.2112 of the Commission's Rules, and Section 1.2110. Commission's Rules, and Section 1.2110. Rules governing Multiple Address Systems Rules governing Multiple Address Systems Spectrum are contained in Part 101. Spectrum are contained in Part 101. General guidelines are contained in Attachment D General guidelines are contained in Attachment D to
• http://wireless.fcc.gov/auctions/61/comments/pagingsystems.pdf
  • on who controls the entity and not the structure. 16 In the case of the Commonly controlled bidders, one is wholly owned by the other. Each is controlled by the same 11 See In re Implementation of Section 309(j) of the Communications Act � Competitive Bidding, Second Report and Order, 9 FCC Rcd 2348, 2386-88, ��221-226 (1994). 12 47 C.F.R. ��1.2105, 1.2112 and 1.2110 are very specific in determining who actually controls the applicant, in order to avoid collusion. 13 In re Implementation of �309(j) of the Communications Act � Competitive Bidding, Memorandum Opinion and Order, 9 FCC Rcd 7684, 7687-7688, ��10-11 (1994). 14 47 C.F.R. �1.937(d) 15 Order at �9. 16 See, e.g., 47 C.F.R. ��1.2105, 1.2112 and 1.2110. -
• http://wireless.fcc.gov/auctions/62/comments/HodsonBroadcasting.pdf
  • example, nineteen of the 173 allocations (11%) are listed with minimum opening bids of $100,000 or more. This almost automatically assures that a designated entity will not be participating in these markets. Hodson recommends that no allocation should open at more than $50,000, and any that are listed above that threshold should be reduced accordingly. A large 647 C.F.R. �� 1.2105(a)(2)(x) and (xi), 1.2106(a) 7See Policy Regarding Character Qualifications in Broadcast Licensing, 102 FCC 2d 1228-29, at �105. (Commission established applicant misconduct, even if flagrant, should be disregarded when good rehabilitative evidence exists and a decade or more of time has elapsed since incident.) 8 majority of these allotment communities are receiving their first aural transmission service and will be broadcasting
• http://wireless.fcc.gov/auctions/63/resources/04_175.pdf
  • legal Classificatio n must be selected in order to proceed Copy Addre ss If same as Applican t Agreements with Other Parties and Joint Bidding Arrangements Anti-Collusion Rule: Unless properly disclosed, communications concerning bids, bidding strategies, or settlement agreements (including post-auction market structures) generally are prohibited among applicants that bid for licenses in any of the same geographic areas (Section 1.2105(c)). Prohibition period is between the short-form deadline � October 7, 2005 at 6:00 p.m. -and the down payment deadline (Section 1.2105(a)(2)(ix)). To be in compliance, applicants must certify under penalty of perjury that they have not entered and will not enter into any explicit or implicit agreements, arrangements or understandings of any kind with any parties other than those they
• http://wireless.fcc.gov/auctions/64/resources/Auc_64_04_175%20revA.pdf
  • period within first 2 years: 100% year 3: 75% year 4: 50% year 5: 25%. No reimbursement thereafter Agreements with Other Parties and Joint Bidding Arrangements �Anti-Collusion Rule: Unless properly disclosed, communications concerning bids, bidding strategies, or settlement agreements (including post-auction market structures) generally are prohibited among applicants that bid for licenses in any of the same geographic areas (Section 1.2105(c)). �Prohibition period is between the short-form deadline � January 20, 2006 at 6:00 p.m. -and the down payment deadline, which will be specified in a future public notice. (Section 1.2105(a)(2)(ix)). Agreements with Other Parties and Joint Bidding Arrangements Continued �To be in compliance, applicants must certify under penalty of perjury that they have not entered and will not enter into
• http://wireless.fcc.gov/auctions/65/resources/175Presentation.pdf
  • 3/14/2006 3/14/2006 3/14/2006 Copy Addre ss If same as Applican t 3/14/2006 3/14/2006 3/14/2006 3/14/2006 3/14/2006 3/14/2006 3/14/2006 3/14/2006 3/14/2006 Agreements with Other Parties and Joint Bidding Arrangements Anti-Collusion Rule: Unless properly disclosed, communications concerning bids, bidding strategies, or settlement agreements(including post-auction market structures) generallyare prohibited among applicants that bid for licenses in any of the same geographic areas (Section 1.2105(c)). Because all of the licenses available in Auction No. 65 have the same service area, i.e., they are nationwide, this prohibition will apply to all applicants. To be in compliance, applicants must certify under penalty of perjury that they have not entered and will not enter into any explicit orimplicit agreements, arrangements or understandings of any kind with any parties
• http://wireless.fcc.gov/auctions/66/resources/AuctionRules.pdf
  • 4/24/2006 4/24/2006 Copy Addre ss If same as Applican t 4/24/2006 4/24/2006 4/24/2006 4/24/2006 4/24/2006 4/24/2006 4/24/2006 4/24/2006 Agreements with Other Parties and Joint Bidding Arrangements Anti-Collusion Rule: Unless properly disclosed, communications concerning bids, bidding strategies, or settlement agreements(including post-auction market structures) are prohibited among applicants that bid for licenses in any of the same or overlapping geographic areas (Section 1.2105(c)). Applicants will receive a letter after the initial applicationreview identifying each of the other applicants that applied for any of the sameor overlapping geographic areas. To be in compliance, applicants must certify under penalty of perjury that they have not entered and will not enter into any explicit orimplicit agreements, arrangements or understandings of any kind with any parties other
• http://wireless.fcc.gov/auctions/69/resources/175Presentation.pdf
  • in orderto proceed 11/29/2006 11/29/2006 11/29/2006 CopyAddre ssIfsame asApplican t 11/29/2006 11/29/2006 11/29/2006 11/29/2006 11/29/2006 11/29/2006 11/29/2006 Agreements with Other Parties and Joint Bidding Arrangements Anti-Collusion Rule: Unless properly disclosed, communications concerning bids, bidding strategies, or settlement agreements (including post-auction market structures) are prohibited among applicants that bid for licenses in any of the same or overlapping geographic areas (Section 1.2105(c)). Because this Auction will begin under limited information disclosure procedures, we will not be publicly disclosing upfront the license selections of applicants. Applicants will receive a letter after the initial application review identifying each of the other applicants that applied for any of the same or overlapping geographic areas. To be in compliance, applicants must certify under penalty of perjury
• http://wireless.fcc.gov/auctions/70/resources/175Presentation.pdf
  • 12/6/2006 If additional proposed facilities click here 12/6/2006 Click here to identify any additional existing facilities 12/6/2006 12/6/2006 Agreements with Other Parties and Joint Bidding Arrangements Anti-Collusion Rule: Unless properly disclosed, communications concerning bids, bidding strategies, or settlement agreements(including post-auction market structures) are prohibited among applicants that bid for licenses in any of the same or overlapping geographic areas (Section 1.2105(c)). To be in compliance, applicants must certify under penalty of perjury that they have not entered and will not enter into any explicit orimplicit agreements, arrangements or understandi ngs of any kind with any parties other than those they have identified regarding the amount oftheir bids, bidding strategies or particular licenses on which they will or will not bid. 12/6/2006
• http://wireless.fcc.gov/auctions/71/resources/175Presentation.pdf
  • legal Classificatio n must be selected in order to proceed Copy Addre ss If same as Applican t Agreements with Other Parties and Joint Bidding Arrangements Anti-Collusion Rule: Unless properly disclosed, communications concerning bids, bidding strategies, or settlement agreements(including post-auction market structures) are prohibited among applicants that bid for licenses in any of the same or overlapping geographic areas (Section 1.2105(c)). Information on applicants'license selections will not be made public at least until the April 20, 2007 upfront payment deadline has passed and the Commission determines the information procedures that will be used for the auction. The Commission will inform applicants by letter of the other applicants that have applied for licenses in any of the same geographic areas. To be
• http://wireless.fcc.gov/auctions/72/resources/175Presentation.pdf
  • legal Classificatio n must be selected in order to proceed Copy Addre ss If same as Applican t Agreements with Other Parties and Joint Bidding Arrangements Anti-Collusion Rule: Unless properly disclosed, communications concerning bids, bidding strategies, or settlement agreements(including post-auction market structures) are prohibited among applicants that bid for licenses in any of the same or overlapping geographic areas (Section 1.2105(c)). Information on applicants'license selections will not be made public at least until the May 21, 2007 upfront payment deadline has passed and the Commission determines the information procedures that will be used for the auction. The Commission will inform applicants by letter of the other applicants that have applied for licenses in any of the same geographic areas. To be
• http://wireless.fcc.gov/auctions/73/resources/175Presentation.pdf
  • email your questions to... auction73@fcc.gov A legal Classificatio n must be selected in order to proceed Copy Addre ss If same as Applican t Anti-Collusion Rule Anti-Collusion Rule: Unless properly disclosed, communications concerning bids, bidding strategies, or settlement agreements(including post-auction market structures) are prohibited among applicants that bid for licenses in any of the same or overlapping geographic areas (Section 1.2105(c)). Information on applicants'license selections and upfront payment amounts and bidding eligibility will not be made public until after the close of bidding in both Auctions 73 and 76 (in the event it is necessary to conduct asubsequent auction). The Commission will inform applicants by letter of the other applicants in Auction 73 and Auction 76 that have applied for li
• http://wireless.fcc.gov/auctions/78/resources/175Presentation.pdf
  • to... auction78@fcc.gov A legal Classificatio n must be selected in order to proceed Copy Addre ss If same as Applican t Anti-Collusion Rule Anti-Collusion Rule: Unless an agreement is properly disclosed, communications concerning bids, bidding strategies, or settlement agreements(including post-auction market structures) are prohibited among applicants that bid for licenses in any of the same or overlapping geographic areas (Section 1.2105(c)). Information on applicants'license selections , upfront payment amounts, and bidding eligibility will not be made public at least until after the close of bidding. The Commission will inform applicants by letter of the other applicants that have applied for licenses in any of the same geographic areas. To be in compliance, applicants must certify under penalty of perjury that they
• http://wireless.fcc.gov/auctions/79/resources/175Presentation.pdf
  • criteria Must reimburse Government for bidding credit amount plus interest Condition of Commission approval of assignment or transfer 5 year reimbursement period �within first 2 years: 100% �year 3: 75% �year 4: 50% �year 5: 25%. No reimbursement thereafter If additional proposed facilities click here Click here to identify any additional existing facilities Prohibition on Certain Communications (Anti-Collusion Rule) �Section 1.2105(a)(2)(iv) ensures auction competitiveness. �Prohibition applies from application deadline to post- auction down payment deadline. �What individuals and entities are subject to the prohibition? �Report if you make or receive a prohibited communication. �Follow Procedures Public Notice guidance when reporting. �Consult with Auctions Division staff in advance. Prohibition on Certain Communications (Anti-Collusion Rule) Disclosing Agreements with Other Parties and Joint Bidding
• http://wireless.fcc.gov/auctions/80/releases/da000594.doc http://wireless.fcc.gov/auctions/80/releases/da000594.pdf http://wireless.fcc.gov/auctions/80/releases/da000594.txt
  • only. Auction Date To Be Determined: A Public Notice will be issued in the near future announcing the auction date and auction number for the Blanco, Texas station. Comment will be sought on a possible minimum opening bid and/or reserve price as well as on other auction procedural issues. OTHER IMPORTANT INFORMATION Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same Mutually Exclusive (MX) Group from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). If parties agreed in principle on all material terms, those parties must be identified on
• http://wireless.fcc.gov/auctions/80/releases/da000863.doc http://wireless.fcc.gov/auctions/80/releases/da000863.pdf http://wireless.fcc.gov/auctions/80/releases/da000863.txt
  • station Auction Date To Be Determined: A public notice will be issued in the near future announcing the auction date and auction number for the Blanco, Texas station. Comment will be sought on a possible minimum opening bid and/or reserve price as well as on other auction procedural issues. OTHER IMPORTANT INFORMATION Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same Mutually Exclusive (MX) Group from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). If parties agreed in principle on all material terms, those parties must be identified on
• 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
  • Additionally, documents may be obtained for a fee by calling the Commission's copy contractor, International Transcription Service, Inc. (ITS), at (202) 314-3070. When ordering documents from ITS, please provide the appropriate FCC number (for example, FCC 98-194 for the Broadcast First Report and Order and FCC 99-74 for the Broadcast Reconsideration Order). Prohibition of Collusion Bidders are reminded that Section 1.2105(c) of the Commission's rules prohibits short-form applicants from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For further details regarding collusion, refer to the Auction Filing Window Public Notice, released December 17, 1999. For Auction No. 80,
• http://wireless.fcc.gov/auctions/80/releases/da001460.doc http://wireless.fcc.gov/auctions/80/releases/da001460.pdf http://wireless.fcc.gov/auctions/80/releases/da001460.txt
  • 20554 with a courtesy copy to Kenneth Burnley at the same address in Room 4-B524. As described in the Commission's Rules, applicants may make only minor corrections to their FCC Form 175 applications (e.g., mailing address, fax number, authorized bidder). Major modifications (e.g., changing control of the applicant, changing the certifying official) will not be accepted. See 47 C.F.R. � 1.2105(b). Due Diligence. The winning bidder in the auction for a new construction permit for the new full power television station on Channel 52 at Blanco, Texas, upon submission of its long-form application (FCC Form 301), will have to provide interference protection to qualified Class A television stations. Therefore, potential bidders are encouraged to perform engineering studies to determine the existence
• 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
  • As explained more fully in the Public Notice announcing Auction No. 80, this prohibition began with the filing of short-form applications and ends on the down payment due date. The prohibition ends on the down payment due date whether or not the high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. * * * * * For further information, contact: News Media: Meribeth McCarrick at 202-418-0654 Technical Support Hotline: Technical Support Personnel at 202-414-1250 (V) or 202-414-1255 (text telephone (TTY)) Office of the Managing Director Gail Glasser or Tim Dates Auctions Accounting Group at 202-418-1995 (Payment, FCC Form 159 and refund questions)
• http://wireless.fcc.gov/auctions/80/releases/da992824.doc http://wireless.fcc.gov/auctions/80/releases/da992824.pdf http://wireless.fcc.gov/auctions/80/releases/da992824.txt
  • the electronic filing of the FCC Form 175 application is included as Attachment D to this Public Notice. Technical support is available at (202) 414-1250 (voice) or (202) 414-1255 (text telephone (TTY)); the hours of service are 8 a.m. - 6 p.m. EST, Monday - Friday. (2) Completion of the FCC Form 175 Applicants should carefully review 47 C.F.R. Sections 1.2105 and 73.5002 and must complete all items on the FCC Form 175. Detailed instructions for completing the FCC Form 175 are in Attachment B of this Public Notice. Form 175 is not submitted to the FCC until an applicant receives confirmation from the filing system that the form has been received by the Commission. Prohibition of Collusion To insure the
• http://wireless.fcc.gov/auctions/81/releases/da001383.doc http://wireless.fcc.gov/auctions/81/releases/da001383.pdf http://wireless.fcc.gov/auctions/81/releases/da001383.txt
  • the electronic filing of the FCC Form 175 application is included as Attachment E to this Public Notice. Technical support is available at (202) 414-1250 (voice) or (202) 414-1255 (text telephone (TTY)); the hours of service are 7 a.m. - 10 p.m. EST, Monday - Friday. (2) Completion of the FCC Form 175 Applicants should carefully review 47 C.F.R. Sections 1.2105 and 73.5002 and must complete all items on the FCC Form 175. Detailed instructions for completing the FCC Form 175 are in Attachment C of this Public Notice. The FCC Form 175 is not submitted to the FCC until an applicant receives confirmation from the filing system that the form has been received by the Commission. Prohibition of Collusion To
• http://wireless.fcc.gov/auctions/82/releases/d011300a.pdf
  • name, citizenship and address of all partners, if the applicant is a partnership; of a responsible officer or director, if the applicant is a corporation; of the trustee, if the applicant is a trust; or if the applicant is none of the foregoing, list the name, address and citizenship of a principal or other responsible person. See 47 C.F.R. � 1.2105(a). In addition, list in an exhibit the specific ownership information as set forth in 47 C.F.R. � 1.2112. Also list in an exhibit all parties with whom the applicant has entered into an agreement(s), of any kind, relating to the facilities being auctioned including, where applicable, such agreement(s) relating to the post-auction market structure. See 47 C.F.R. � 1.2105(a). For
• http://wireless.fcc.gov/auctions/82/releases/da011300.doc http://wireless.fcc.gov/auctions/82/releases/da011300.pdf http://wireless.fcc.gov/auctions/82/releases/da011300.txt
  • with return receipt recommended), addressed to: FCC Form 175 Filing Auction No. 82 Federal Communications Commission Wireless Telecommunications Bureau Auctions and Industry Analysis Division 1270 Fairfield Road Gettysburg, PA 17325-7245 NOTE: Applications delivered to any other location or applications sent via facsimile will not be accepted. (2) Completion of the FCC Form 175 Applicants should carefully review 47 C.F.R. Sections 1.2105 and 73.5002 and must complete all items on the FCC Form 175. Detailed instructions for completing the FCC Form 175 are listed Attachment B of this Public Notice. Failure to sign the FCC Form 175 will result in dismissal of the application and loss of the ability to participate in the auction. Only original signatures will be accepted for filed
• http://wireless.fcc.gov/auctions/82/releases/da011446.doc http://wireless.fcc.gov/auctions/82/releases/da011446.pdf http://wireless.fcc.gov/auctions/82/releases/da011446.txt
  • No. 82 Filing Window Public Notice''). The Auction No. 82 Filing Window Public Notice announced an auction filing window for new analog television stations for Channel 47 in Columbia, South Carolina; Channel 51 in Pittsfield, Massachusetts; Channel 34 in Magee, Mississippi; and Channel 16 in Scottsbluff, Nebraska. See Auction No. 82 Filing Window Public Notice, Attachment B. 47 C.F.R. � 1.2105(a)(2)(x). See Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000) (``Part 1 Fifth Report and Order''). 47 C.F.R. � 1.2105(a)(2)(xi). Part 1 Fifth Report and Order, 15
• http://wireless.fcc.gov/auctions/82/releases/da012605.pdf http://wireless.fcc.gov/auctions/82/releases/da012605.txt
  • converting from analog to digital operation and that stations may have pending applications to construct and operate digital television facilities, construction permits and/or licenses for such digital facilities. Bidders should investigate the impact such applications, permits and licenses may have on their ability to operate the facilities proposed in this auction. IV. Prohibition of Collusion Bidders are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 82, this prohibition became effective at the short-form application filing deadline on Friday,
• http://wireless.fcc.gov/auctions/82/releases/da020004.pdf http://wireless.fcc.gov/auctions/82/releases/da020004.txt
  • channel for WCSC-TV, Charleston, South Carolina, from Channel 52 to Channel 47.9 Pending the outcome of the Channel 47 Charleston DTV rulemaking proceeding, bidders for Channel 47 at Columbia are advised that the construction permit for their facility will be conditioned on acceptance of interference from WCSC-DT, Channel 47, Charleston, South Carolina. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's rules prohibits applicants for the same Mutually Exclusive ("MX") Group from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 82, this prohibition became effective at the short-form application filing deadline on
• http://wireless.fcc.gov/auctions/82/releases/da020264.pdf http://wireless.fcc.gov/auctions/82/releases/da020264.txt
  • and electronic bidder cross reference file to reflect this change. Bidders or other parties that have downloaded the cross reference files before noon, February 4, 2002, should download the files again. Weiss was previously found qualified to bid in Auction No. 821 but submitted an amendment to his FCC Form 175 (short-form application) which constitutes a major amendment under Section 1.2105(b)(2) of the Commission's Part 1 competitive bidding rules.2 Under Section 1.2105(b)(2), when an amendment to a short-form application includes changes in ownership of the applicant that would constitute an assignment or transfer of control, the application will be considered to be newly-filed and may not be resubmitted after the short-form application filing deadline.3 Accordingly, the short-form application to participate in
• http://wireless.fcc.gov/auctions/82/releases/da020355.pdf http://wireless.fcc.gov/auctions/82/releases/da020355.txt
  • 2002; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedural Issues, Public Notice, DA 01-2882 (rel. December 13, 2001), 67 Fed. Reg. 1760 (January 14, 2002) ("Auction No. 82 Procedures Public Notice"). 12 Auction No. 82 Procedures Public Notice at 4. 6 supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. J. Return of SecurID Cards Bidders are encouraged to return their SecurID cards to the FCC by March 4, 2002 for recycling. A pre- addressed, stamped envelope is provided in this mailing that bidders should use to return the cards now that the auction is over. Please note that each SecurID
• http://wireless.fcc.gov/auctions/82/releases/da02155.pdf http://wireless.fcc.gov/auctions/82/releases/da02155.txt
  • mock auction. Telephonic bidding will also be available. As a contingency, the FCC Wide Area Network, which requires access to a 900 number telephone service, will be available as well. Qualified bidders that wish to place bids telephonically, should use the telephone number supplied in the Auction No. 82 registration materials. 3 47 C.F.R � 1.65. 4 47 C.F.R. � 1.2105(b). 5 Id. 6 Auction No. 82 Procedures Public Notice at 5-6. 5 The mock auction will include all Auction No. 82 construction permits, and will follow the rules governing the actual auction. The mock auction will be identified as Auction No. 74. The program will assume that each bidder applied for all construction permits. The program will also assume that
• http://wireless.fcc.gov/auctions/85/175-Presentation.pdf
  • first 2 years: 100% year 3: 75% year 4: 50% year 5: 25%. No reimbursement thereafter If additional proposed facilities click here Click here to identify any additional existing facilities Agreements with Other Parties and Joint Bidding Arrangements Anti-Collusion Rule: Unless properly disclosed, communications concerning bids, bidding strategies, or settlement agreements(including post-auction market structures) are prohibited among competing applicants (Section 1.2105(c)). To be in compliance, applicants must certify under penalty of perjury that they have not entered and will not enter into any explicit orimplicit agreements, arrangements or understandings of any kind with any parties other than those they have identified regarding the amount oftheir bids, bidding strategies or particular permits on which they will or will not bid. Prohibition period
• http://wireless.fcc.gov/auctions/85/bidding/AntiCollusionSlides.pdf
  • and public notices. Applicants must familiarize themselves thoroughly and remain current with the Commission's rules, Orders, and Public Notices relating to the low power television, television translator, and Class A television broadcast rules relating to application and auction procedures, and the procedures, terms and conditions contained in the Auction 85 public notices. According to 47 Code of Federal Regulations Sections 1.2105(b) and 73.5002(d), unless an agreement is properly disclosed, a communication concerning a bid, bidding strategy, or settlement agreement (including a post- auction market structure) is prohibited among mutually-exclusive applicants in this auction. Anti-Collusion Rules Anti-Collusion Rules Each of the applicants in this auction certified, under penalties of perjury, in its short-form application that the applicant had not entered and will
• http://wireless.fcc.gov/auctions/86/resources/ShortFormLegal.pdf
  • controlling interests). Check the FCC's "red light"database. Resolve any outstanding "red light"issues prior to filing. Former defaults and delinquencies Applicants must state whether they have any former, i.e.,since cured, defaults on Commission licenses or delinquencies on non-tax Federal debt. A higher upfront payment is required by applicants with former defaults or delinquencies. Prohibition on Certain Communications with Competing Applicants Section 1.2105(c) prohibits applicants for licenses covering overlapping geographic areas from communicating with each other in any manner. The prohibition applies from application deadline to post-auction down payment deadline. Exceptions include communications with parties to agreements disclosed in the short-form application. The Commission notifies applicants for overlapping licenses under anonymous bidding procedures. Disclosing Agreements Applicants must list all parties with whom the
• http://wireless.fcc.gov/auctions/anticollusion/releases//da970674.pdf http://wireless.fcc.gov/auctions/anticollusion/releases//da970674.txt http://wireless.fcc.gov/auctions/anticollusion/releases//da970674.wp
  • (released January 27, 1997). On February, 28, 1997, we subsequently granted a second pro forma assignment which transferred certain licenses to intermediate subsidiaries and one license to a newly formed subsidiary of General Wireless, Inc. See Public Notice, Wireless Telecommunications Bureau, Commercial Wireless Service Information, Report No. LB-97-22 (released February 28, 1997). 47 U.S.C. � 310(b)(4); and 47 C.F.R. � 1.2105(c). 2 Before the Federal Communications Commission Washington, D.C. 20554 ) In re Applications of ) File Nos. ) 00200CWL9600430CWL96 GWI PCS, Inc. ) 00406CWL9600436CWL96 ) 00410CWL9600442CWL96 For Authority to Construct and ) 00413CWL9600447CWL96 Operate Broadband PCS Systems ) 00417CWL9600455CWL96 Operating on Frequency Block C ) 00420CWL9600459CWL96 ) 00424CWL9600462CWL96 MEMORANDUM OPINION AND ORDER Adopted: January 27, 1997 Released: April 4, 1997
• http://wireless.fcc.gov/auctions/anticollusion/releases/07-C-715.pdf
  • ("Northeast"). The FCC imposed the fine as a result of Northeast's communication with a bidder in a 2002 auction for licenses in the 698-746 MHz band of the electromagnetic spectrum. The FCC found that the communication between a Northeast representative and a bidder for another applicant, Star Wireless, LLC ("Star") violated the anti- collusion rule found at 47 C.F.R. � 1.2105(c)(1). Both sides have moved for summary judgment on the basis of the stipulated facts found in the administrative record. For the reasons given herein, the Plaintiff's motion will be granted and the Defendant's denied. I. BACKGROUND AND STATUTORY FRAMEWORK As noted, the facts have been stipulated, and these facts are not extensive. On May 8, 2002, Northeast filed an application
• http://wireless.fcc.gov/auctions/anticollusion/releases/ciamp.pdf
  • bids or bidding strategies. or discussing or negotiating settlement a_ereements, with other bidders until tier the high bidder m&es the required down payment" would not be allowed between Pa&e11 and any consortium in which Pa&l1 is a party. "unless such bidders are members of a bidding consortium _r other joint bidding arrangement identified on the bidder's shu`r-form application....I' See Section 1.2105 (c)(l) of the rules; Paragraph 59 of the Fourth >\/Iemomdm Qj,nion and Order in Docket NO. 93-253, released October 19, 1994. With respect to the antitrust laws, the Commission indicated that it "would expect" that discussions with respect to bid prices between any applicants who have applied for licenses in the same geographic market would be prohibited regardless of the
• http://wireless.fcc.gov/auctions/anticollusion/releases/da960587.pdf
  • Commission's Rules to Enable PCS C Block Applicants to Communicate with Inactive Applicants Dear Mr. Grady: This letter responds to the"Request for Emergency Waiver of the Commission's Rules to Enable PCS C Block Applicants to Communicate with Inactive Applicants"("Waiver Request") filed on behalf of Communications Venture PCS Limited Partnership ("CVC") on February 28, 1996. CVC requests a waiver of Section 1.2105(c) of the Commission's rules, 47 C.F.R. s 1.2105, to permit it and other active broadband PCS"C block" participants to seek investment from control groups of applicants that are no longer eligible to participate in the auction. Requests for waiver of rules in the broadband PCS C block auction must meet the requirements of Section 24.819 of the Commission's rules. [FNl]
• http://wireless.fcc.gov/auctions/anticollusion/releases/da961566.pdf
  • negotiations between applicants for broadband PCS licenses in the D. E and F block auction. Specifically, you _ Inquire about the applicability of the rules to discussions of management and partitioning arrangements for a C block market when both parties to the discussions are applicants in the D. E and F block auction. The Commission's anti-collusion rules, 47 C.F.R. $ 1.2105(c), generally prohibit upplmnrs in an auction from "cooperating, collaborating, discussing or disclosing in any munner the substance of their bids or bidding strategies, or discussing or negotiating settlement agreements with other applicants,"other than those identified on an applicant's short-form application as party to a bidding consortium or other joint bidding arrangements. 17 C.F.R. $ 1.2105(c) (emphasis added). See also 47
• 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
  • the Commission may take in light of the ongoing investigations being conducted by the Commission and the Department of Justice. II. BACKGROUND 2. The allegations raised by High Plains in its Petition arise from Mercury's conduct in Federal Communications Commission DA 97-1782 High Plains' Emergency Motion for Disqualification (Nov. 26, 1996) (Emergency Motion). 5 Id. at 3. 6 Specifically, Section 1.2105(c) of the Commission's rules provides that, except in certain circumstances, after the 7 filing of the short-form applications, all "applicants are prohibited from cooperating, collaborating, discussing or disclosing in any manner the substance of their bids or bidding strategies . . ." 47 C.F.R. � 1.2105(c). Emergency Motion at 4. 8 Mercury Opposition to Emergency Motion (Dec. 6, 1996) at
• http://wireless.fcc.gov/auctions/anticollusion/releases/da972324.pdf http://wireless.fcc.gov/auctions/anticollusion/releases/da972324.txt http://wireless.fcc.gov/auctions/anticollusion/releases/da972324.wp
  • 23 licenses previously 5 granted to Mercury is contained in Appendix A and a list of Mercury's nine remaining applications is contained in Appendix B. Mercury's Petition at ii and 7-9. 6 High Plains' Emergency Motion for Disqualification at 3 (Nov. 26, 1996). 7 Id. at 3-4. 8 The Commission's anti-collusion rule, which is set forth at 47 C.F.R. � 1.2105(c), was adopted in the Second 9 Report and Order in the Competitive Bidding Docket to prevent potential collusive conduct among bidders in the Commission's auctions. Implementation of Section 309(j) of the Communications Act - Competitive Bidding, Second Report and Order, 9 FCC Rcd 2348, 2386-2388 (1994). The rule prohibits auction participants from "cooperating, collaborating, 2 licenses and deferred action on
• http://wireless.fcc.gov/auctions/anticollusion/releases/da972451.pdf http://wireless.fcc.gov/auctions/anticollusion/releases/da972451.txt http://wireless.fcc.gov/auctions/anticollusion/releases/da972451.wp
  • Petition to Deny (Mar. 21, 1997) (High Plains Petition). 7 Mercury Opposition to Petition to Deny (Apr. 8, 1997) (Mercury Opposition). 8 Mercury Petition at 4-5. 9 Mercury Petition at 1-2, 4-5. 10 Applications of Mercury PCS II, LLC, Memorandum Opinion and Order, DA 97-1782 (rel. Aug. 21, 1997). 11 Id. at 4. 12 2 anti-collusion rule, 47 C.F.R. � 1.2105(c), which prohibits communications between bidders in common markets regarding their bidding or bidding strategy after the filing of short-form applications and prior to the submission of down payments. In response, Mercury argued that it had violated no Commission rule, and 5 that its use of trailing numbers was a common practice utilized by many other participants in the PCS auctions.
• http://wireless.fcc.gov/auctions/anticollusion/releases/da980644.pdf
  • PCS auctions,which began on August 26, 1996,and concluded on January 14,1997. Mercury was determined to be the high bidder for the Lubbock. Texas, F block license, as well as D.E. and F block licenses in 31 other markets. High Plains,which had been a competing bidder, filed a petition to deny accusing Mercury of violating the anti- collusion rule. 47 C.F.R.5 1.2105(c),by bid-signalling through the use of trailing numbers in its bids relating to the Lubbock and Amarillo, Texas, markets. As a result of High Plains's allegations,the Commission and the Department of Justice initiated investigations. ._ On August 21, 1997,the Wireless Telecommunications Bureau (Bureau) conditionally granted 23 of Mercury's applications, Mercury PCS II, LLC. DA 97- copr.0 West 1998 No Claim to
• http://wireless.fcc.gov/auctions/anticollusion/releases/epstein.pdf
  • or discussing or negotiating settlement agreements, with other bidders until afbz the high bidder makes the required down payment" would not be allowed among A, B, C, or among A, B, C, and ABCCo, the consortium they have formed, "unless such bidders are members of a biddmg consortium or other joint bidding arrangement identified on the bidder's short-form application...."See Section 1.2105 (c)(l) of the rules; Pamgraph 59 of the Fourth Vlemorandum Opinion and Order in Docket No. 93-253, released October 19, 1994. ---- Gary >I. Epstein, Esq. James H. Barker, Esq. October 2.5, 1994 p. `, ' l.-ith respect to the antitxust laws, the Commission indicated that it "kvould expect" that cllscussions with respect to bid prim between my applicants who
• http://wireless.fcc.gov/auctions/anticollusion/releases/fcc01270.pdf http://wireless.fcc.gov/auctions/anticollusion/releases/fcc01270.txt
  • Commission FCC 01-270 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures )))))))))WT Docket No. 97-82 SEVENTH REPORT AND ORDER Adopted: September 19, 2001 Released: September 27, 2001 By the Commission: I. INTRODUCTION 1. In this Seventh Report and Order, we adopt modifications to Section 1.2105(c) of the Commission's rules, the competitive bidding "anti-collusion rule."1 Specifically, we amend the rule so that its language clearly reflects the Commission's practice of prohibiting communications regarding bids or bidding strategies only between auction applicants that have applied to bid on licenses in any of the same geographic areas. In addition, we amend the rule to (1) clarify that it
• http://wireless.fcc.gov/auctions/anticollusion/releases/ocg00-1292.pdf
  • stopped bidding for the F block license in Lubbock, see id., and filed with the Commission an emergency motion to disqualify Mercury from the auction. High Plains alleged that Mercury violated the anti-collusion rule, which prohibited bidders "from cooperating, collaborating, discussing or disclosing in any manner the substance of their bids or bidding strategies" during the auction. 47 C.F.R. � 1.2105(c) (2000), amended by Competitive Bidding Procedures, 66 Fed. Reg. 54447, 54447-48 (Oct. 29, 2001). When the auction ended without the Commission having acted upon the motion, High Plains filed a motion to deny the award to Mercury of any licenses in the DEF auction. During ensuing investigations conducted separately by the Commission and by the Department of Justice, the executive
• http://wireless.fcc.gov/auctions/anticollusion/releases/senk.pdf
  • Opinion and Ordw, PP Docket No. 93-253,FCC 94-295 (Rel. November 17, 1994) (MO&O), we interpret 'qapplicant:@to include all holders of attributable interests in the applicant.Thus, a party with a five percent or greater interest in an applicant as well as all officers and directors of the applicantare deemed an "applicanttg for purposes 6f the anti-collusion rules. See 47 C.F.R. 5 1.2105(a)(5)(i). If both applicants have filed a short-form application for at least one 3f the same markets,the applicants should take precautions to .. : . . .void disclosure of market-specific information in the course 0: negotiations that could influence bidding by the other applicanz. Without such precautions,a reduction in the level of competitive bidding for PCS licenses could result,and the applicant
• http://wireless.fcc.gov/auctions/data/papersAndStudies/fc970353.pdf
  • (PBS television broadcast, February 3, 1993). See Competitive Bidding Second Report and Order, 9 FCC Rcd at 2386-88; Implementation of Section 309(j) 23 of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fourth Memorandum Opinion and Order, 9 FCC Rcd 6858, 6866-69, on recon., Memorandum Opinion and Order, 9 FCC Rcd 7684, 7687-89 (1994). See 47 C.F.R. � 1.2105(c). The FCC has also made use of other tools to address collusion or undesirable 24 strategic behavior by bidders. For example, the FCC has limited the bidding information that is made available during an auction. See Competitive Bidding Second Report and Order, 9 FCC Rcd at 2375. See also Competitive Bidding Second Memorandum Opinion and Order, 9 FCC Rcd at
• http://wireless.fcc.gov/auctions/default.htm?job=anti_collusion
  • of Wisconsin, Inc Reduced the previously imposed forfeiture amount from $100,000 to $75,000 against each party. Denied in part and granted in part the Petition for Reconsideration and the Application for Review [54]pdf - [55]Word 9/27/2001 SEVENTH REPORT AND ORDER (FCC 01-270) Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures This Order adopts modifications to section 1.2105(c) of the Commission's rules, the competitive bidding "anti-collusion rule". [56]pdf - [57]text 12/13/1999 Memorandum Opinion and Order (FCC 99-385) Notice of Apparent Liability for Forfeiture of Western PCS BTA 1 Corp. [58]pdf - [59]Word 5/7/1999 ORDER (FCC 99-90) Auction [60]11 Notice of Apparent Liability for Forfeiture of U S West Communications, Inc. Licensee of Certain Authorizations in the Personal Communications
• http://wireless.fcc.gov/auctions/default.htm?job=auction_summary&id=72
  • Winning Bidders Announced for Auction No. 72 [75]pdf - [76]Word Attachment A: [77]pdf Attachment B: [78]pdf Attachment C: [79]pdf Attachment D: [80]pdf - [81]Word 6/19/2007 LETTER (DA 07-2709) Response to AMTS Consortium, LLC, Concerning Request that the Commission Disqualify a Bidder from Auction No. 72 [82]pdf - [83]Word 6/5/2007 LETTER (DA 07-2328) Request for Declaratory Ruling Concerning Implementation of Section 1.2105(b)(2) [84]pdf - [85]Word [86]Return to Top Arrow Return To Top Last reviewed/updated on 7/3/2007 [87]FCC Home [88]Search [89]RSS [90]Updates [91]E-Filing [92]Initiatives [93]Consumers [94]Find People General Auctions Information [95]Licensing, Technical Support and Website Issues [96]Auctions Contact Information - [97]Forgot Your Password? - [98]Submit eSupport request Phone: 1-877-480-3201 TTY: 1-717-338-2824 Federal Communications Commission 445 12th Street SW Washington, DC 20554 [99]More FCC
• http://wireless.fcc.gov/auctions/default.htm?job=prohibited_communications
  • of Wisconsin, Inc Reduced the previously imposed forfeiture amount from $100,000 to $75,000 against each party. Denied in part and granted in part the Petition for Reconsideration and the Application for Review [54]pdf - [55]Word 9/27/2001 SEVENTH REPORT AND ORDER (FCC 01-270) Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures This Order adopts modifications to section 1.2105(c) of the Commission's rules, the competitive bidding "anti-collusion rule". [56]pdf - [57]text 12/13/1999 Memorandum Opinion and Order (FCC 99-385) Notice of Apparent Liability for Forfeiture of Western PCS BTA 1 Corp. [58]pdf - [59]Word 5/7/1999 ORDER (FCC 99-90) Auction [60]11 Notice of Apparent Liability for Forfeiture of U S West Communications, Inc. Licensee of Certain Authorizations in the Personal Communications
• http://wireless.fcc.gov/auctions/default.htm?job=release&id=14&y=2010
  • FCC 10-4 1/7/2010 MEMORANDUM OPINION AND ORDER (FCC 10-4) Procedural Amendments to Commission Part 1 Competitive Bidding Rules Made two procedural amendments to its competitive bidding rules concerning reports made in connection with auction applications. [45]pdf - [46]Word Related Release(s): 2/24/2010 ORDER (DA 10-288) Procedural Amendments to Commission Part 1 Competitive Bidding Rules Order And Errata making corrections to Section 1.2105. [47]pdf - [48]Word [49]Return to Top Arrow Return To Top Last reviewed/updated on 2/25/2010 [50]FCC Home [51]Search [52]RSS [53]Updates [54]E-Filing [55]Initiatives [56]Consumers [57]Find People General Auctions Information [58]Licensing, Technical Support and Website Issues [59]Auctions Contact Information - [60]Forgot Your Password? - [61]Submit eSupport request Phone: 1-877-480-3201 TTY: 1-717-338-2824 Federal Communications Commission 445 12th Street SW Washington, DC 20554 [62]More FCC
• http://wireless.fcc.gov/auctions/default.htm?job=release&id=58&y=2010
  • Telecommunications Bureau [36]ULSUniversal Licensing System [37]CORESCommission Registration System [38]Rural TelecommunicationsTelecommunications Service for Rural America [39]FCC > [40]WTB > [41]Auctions Home > [42]Auctions Releases > Release [43]FCC Site Map Go to an Auction: [Select an Auction............][44] Go . Release DA 10-288 2/24/2010 ORDER (DA 10-288) Procedural Amendments to Commission Part 1 Competitive Bidding Rules Order And Errata making corrections to Section 1.2105. [45]pdf - [46]Word Related Release(s): 1/7/2010 MEMORANDUM OPINION AND ORDER (FCC 10-4) Procedural Amendments to Commission Part 1 Competitive Bidding Rules Made two procedural amendments to its competitive bidding rules concerning reports made in connection with auction applications. [47]pdf - [48]Word [49]Return to Top Arrow Return To Top Last reviewed/updated on 2/28/2010 [50]FCC Home [51]Search [52]RSS [53]Updates [54]E-Filing [55]Initiatives [56]Consumers
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=11&page=P
  • be granted and that CPCSI is entitled to a partial waiver of Section 24.711(a)(2) of the Commission's rules. [86]pdf - [87]text - [88]WordPerfect 10/28/1997 NOTICE OF APPARENT LIABILITY FOR FORFEITURE (FCC 97-388) Applications of: Mercury PCS II, LLC Notice of Apparent Liability for Forfeiture This Notice of Apparent Liability for Forfeiture finds that Mercury PCS II, LLC apparently violated Section 1.2105(c) by placing trailing numbers at the end of its bids that disclosed its bidding strategy in a reflexive manner that specifically invited collusive behavior. [89]pdf 10/16/1997 SECOND REPORT AND ORDER (FCC 97-342) In the Matter of Amendment of the Commission's Rules Regarding Installment Payment Financing For Personal Communications Services (PCS) Licensees In the Second Report and Order, The Commission reinstates
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=22&page=O
  • Mountain Solutions Ltd., Inc.'s Petition to Deny the long-form application (FCC Form 601) filed by ABC Wireless, L.L.C. , a winning bidder in Auction 22, the C, D, E and F block broadband PCS license auction that closed on April 15, 1999. [70]pdf 9/2/1999 ORDER (DA 99-1785) In the Matter of Highland Cellular, Inc. Request for Waiver of 47 C.F.R. 1.2105(b)(2) This Order denies Highland Cellular, Inc.'s request for waiver of section 1.2105(b)(2) of the Commission's rules. [71]pdf - [72]text - [73]WordPerfect 9/2/1999 ORDER (DA 99-1784) In the Matter of Personal Communications Service Beckley, West Virginia Basic Trading Area No. 35, C Block License Auction No. 22 This Order denies OPM Auction Co.'s Petition for Emergency Relief in the form of
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=26&page=O
  • [43]FCC Site Map Auction 26 929 and 931 MHz Paging Service Small Arrow [44]Summary Small Arrow [45]Fact Sheet Small Arrow Releases Small Arrow [46]Application Search Orders 10/25/2001 ORDER (DA 01-2480) Default Payment Obligations and Procedures for Trompex Corporation This Order sets forth the disqualification and the default payment obligations and procedures for Trompex Corp., resulting from its violation of sections 1.2105(b)(2) and (c)(2) of the Commission's rules during the Commission's 929 and 931 MHz Paging Auction. [47]pdf - [48]text 3/21/2000 MEMORANDUM OPINION AND ORDER ON RECONSIDERATION (DA 00-626) Application of Password, Inc. To Participate in the 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
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=37&page=L
  • request for waiver of the deadline for filing a short-form application (FCC Form 175) to participate in Auction No. 37 filed on behalf of Ideas for Business, Inc. [111]pdf - [112]Word 9/22/2004 LETTER (DA-04-3037) Letter Regarding Joint Petition for Reconsideration or Waiver of the Rules for Reinstatement of Rejected Applications Relating to FM Auction No. 37 This letter waives Section 1.2105(b)(2) of the Commission's rules, to a limited extent, for Auction 37 applicants that indicated "Noncommercial Educational" applicant status. [113]pdf - [114]Word 9/14/2004 LETTER (DA-04-2975) Letter to Mr. Richard Hodson of Hodson Broadcasting This letter denies Hodson Broadcasting's request for waiver of Section 1.206(a) Former Defaulter Upfront Payment Requirement for Participation in FM Broadcast Auction No. 37. [115]pdf - [116]Word Go
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=44&page=O
  • conversion to digital television. [49]pdf - [50]Word Statement of Commissioner Copps: [51]pdf - [52]Word 8/27/2003 NOTICE OF APPARENT LIABILITY FOR FORFEITURE (DA 03-2723) Northeast Communications of Wisconsin, Inc. for C Block Facilities in the 710-716 and 740-746 MHz Bands Issued Notice of Apparent Liability for Forfeiture in the amount of $100,000 to Northeast Communications of Wisconsin, Inc. for violating Section 1.2105(c) of the Commission's Rules during the auction with Northeast Communication of Wisconsin, Inc. Action by: Chief, Enforcement Bureau. Adopted: 08/26/2003 by NALF. [53]pdf - [54]Word Attachment C: [55]pdf Attachment D: [56]pdf 8/27/2003 NOTICE OF APPARENT LIABILITY FOR FORFEITURE (DA 03-2722) Star Wireless, LLC for C Block Facilities in the 710-716 and 740-746 MHz Bands Liability for Forfeiture in the amount
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=58&page=L
  • final payment deadline for licenses that may be won in Auction No. 58. [63]pdf - [64]Word 11/23/2004 LETTER (DA 04-3685) Letter to Cheryl A. Tritt, Esq.; Re: Expedited Clarification of Sections 1,2105(a) and 1.2106(a) of the Commission's Rules The FCC responds to a request to clarify on an expedited basis the term "debt" or "non-tax debt" as referenced in Sections 1.2105(a) and 1.2106(a) of the rules. [65]pdf - [66]Word Go to an Auction: [58: Broadband PCS............][67] Go . Release Types [68]Public Notices [69]Orders Letters [70]News Releases [71]Return to Top Arrow Return To Top [72]FCC Home [73]Search [74]RSS [75]Updates [76]E-Filing [77]Initiatives [78]Consumers [79]Find People General Auctions Information [80]Licensing, Technical Support and Website Issues [81]Auctions Contact Information - [82]Forgot Your Password? - [83]Submit
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=58&page=P
  • applications to participate in the upcoming auction of 242 broadband PCS licenses ("Auction No. 58") scheduled to begin on Wednesday, January 26, 2005. [68]pdf - [69]Word Attachment A: [70]pdf Attachment B: [71]pdf 11/23/2004 PUBLIC NOTICE (DA 04-3677) WTB Reminder of Anti-Collusion Rule Obligations WTB reminds prospective Auction No. 58 applicants of the need to comply with the Anti-Collusion Rule, Section 1.2105(c). [72]pdf - [73]Word 10/29/2004 PUBLIC NOTICE (DA 04-3491) WTB Reminds Prospective Broadband PCS Spectrum Auction Applicants of Default and Delinquency Disclosure Requirements This public notice provides information on compliance with the default and delinquency disclosure requirements for Auction No. 58 applicants. [74]pdf - [75]Word 10/15/2004 PUBLIC NOTICE (DA 04-3270) Broadband PCS Spectrum Auction Start Date Rescheduled for January 26, 2005;
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=65&page=L
  • [40]WTB > [41]Auctions Home > [42]Summary > Releases For Auction 65 [43]FCC Site Map Auction 65 800 MHz Air-Ground Radiotelephone Service Small Arrow [44]Summary Small Arrow [45]Fact Sheet Small Arrow Releases Small Arrow [46]Auction Seminar Small Arrow [47]Application Search Letters 5/2/2006 LETTER (DA 06-952) To: AirCell, Inc.; Re: Application to Participate in Auction No. 65/Report of Communication Covered by Section 1.2105(c) The WTB responds to a report from AirCell, Inc. concerning a communication from another applicant in Auction No. 65. Action by: Deputy Chief, Auctions and Spectrum Access Division, WTB by LETTER. (DA 06-952). [48]pdf - [49]Word Go to an Auction: [65: 800 MHz Air-Ground.......][50] Go . Release Types [51]Public Notices [52]Orders Letters [53]News Releases [54]Return to Top Arrow Return To
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=7&page=O
  • waiver of the Commission's installment payment rules. [59]pdf - [60]Word 2/17/2006 ORDER (DA 06-381) WTB Grants Advanced Communications Solutions, Inc., a Nunc Pro Tunc Waiver of the Automatic Cancellation Provision of 47 CFR 1.2110(g)(4)(iv) [61]pdf - [62]Word 7/22/1999 MEMORANDUM OPINION AND ORDER (FCC 99-189) In the Matter of Two Way Radio Of Carolina, Inc. Request for Waiver of 47 C.F.R. 1.2105(b)(2) This Memorandum Opinion and Order, denies Two Way Radio's Application for Review of the Bureau's decision in which it denied Two Way Radio's request for waiver of 47 CFR 1.2105(b)(2) governing modifications to short-form applications [63]pdf - [64]text - [65]WordPerfect 8/5/1998 ORDER (DA 98-1522) In the Matter of ClearCall, Inc. Request for Waiver of 47 C.F.R. 1.2105(b)(2), DA 98-922, adopted
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=70&page=L
  • (DA 07-3804) Wendolynn Tellez Assessed an interim default payment obligation of Wendolynn Tellez for Auction No. 70 [50]pdf - [51]Word 3/15/2007 LETTER (DA 07-1325) Radio Training Network, Inc. c/o A. Wray Fitch III, Esq. Auction No. 70 FCC Form 175 Application The Media and Wireless Telecommunications Bureaus jointly denied Radio Training Network, Inc. petition for reconsideration, and waiver of Section 1.2105(b)(2) of the Commission's rules. [52]pdf - [53]Word 2/8/2007 LETTER (DA 07-608) Mr. Scott M. Knoblauch Auction No. 70 FCC Form 175 Application Jointly the Media and WTB deny waiver request filed by Scott Knoblauch concerning his FCC Form 175 application to particpate in Auction No. 70. [54]pdf - [55]Word Go to an Auction: [70: FM Broadcast.............][56] Go . Release Types
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=72&page=L
  • Letters 6/19/2007 LETTER (DA 07-2709) Response to AMTS Consortium, LLC, Concerning Request that the Commission Disqualify a Bidder from Auction No. 72 This letter denies AMTS Consortium LLC's request to disqualify a bidder from the upcoming auction of 220 MHz Phase II licenses (Auction 72). [48]pdf - [49]Word 6/5/2007 LETTER (DA 07-2328) Request for Declaratory Ruling Concerning Implementation of Section 1.2105(b)(2) [50]pdf - [51]Word Go to an Auction: [72: 220 MHz..................][52] Go . Release Types [53]Public Notices Letters [54]Return to Top Arrow Return To Top [55]FCC Home [56]Search [57]RSS [58]Updates [59]E-Filing [60]Initiatives [61]Consumers [62]Find People General Auctions Information [63]Licensing, Technical Support and Website Issues [64]Auctions Contact Information - [65]Forgot Your Password? - [66]Submit eSupport request Phone: 1-877-480-3201 TTY: 1-717-338-2824 Federal Communications
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=73&page=L
  • 10/1/2008 LETTER (DA 08-2206) Spectrum Acquisitions, Inc. Notice of Interim Default Payment Obligation for Auction 73 Assessed the interim default payment obligation for Spectrum Acquisitions, Inc. with respect to its default arising out of a Commission auction of the 700 MHz Band Licenses (Auction 73). [61]pdf - [62]Word 3/20/2008 LETTER (DA 08-612) Aristotle Inc. - Request for Waiver of Section 1.2105(a) of the Commission's Rules [63]pdf - [64]Word 3/20/2008 LETTER (DA 08-614) COLI, Inc. - Request for Waiver of Section 1.2105(a) of the Commission's Rules [65]pdf - [66]Word 3/20/2008 LETTER (DA 08-616) MetroPCS 700 MHz, LLC - Request for Waiver of Section 1.2105(a) of the Commission's Rules [67]pdf - [68]Word 3/20/2008 LETTER (DA 08-618) Triad 700, LLC - Request for Waiver
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=73&page=O
  • rules pursuant to Third Circuit mandate and dismissed related petitions for reconsideration. [48]pdf - [49]Word 2/10/2009 NOTICE OF APPARENT LIABILITY FOR FORFEITURE (DA 09-207) Cascade Access, LLC; Notice of Apparent Liability for Forfeiture Notice of apparent liability for forfeiture in the amount of $75,000 for engaging in a prohibited communication and failure to notify the Commission in violation of Sections 1.2105(c)(1) and (c)(6). [50]pdf - [51]Word 5/14/2008 SECOND FURTHER NOTICE OF PROPOSED RULEMAKING (FCC 08-128) Service Rules for the 698-746, 747-762 and 777-792 MHz Bands, Implementing a Nationwide, Broadband, Interoperable Public Safety Network in the 700 MHz Band, Second Further Notice of Proposed Rulemaking FCC seeks comment on how it should proceed with the reauction of the 700 MHz D block
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=76&page=L
  • filing [35]WTBWireless Telecommunications Bureau [36]ULSUniversal Licensing System [37]CORESCommission Registration System [38]Rural TelecommunicationsTelecommunications Service for Rural America [39]FCC > [40]WTB > [41]Auctions Home > [42]Summary > Releases For Auction 76 [43]FCC Site Map Auction 76 700 MHz Band Small Arrow [44]Summary Small Arrow [45]Fact Sheet Small Arrow Releases Letters 3/20/2008 LETTER (DA 08-612) Aristotle Inc. - Request for Waiver of Section 1.2105(a) of the Commission's Rules [46]pdf - [47]Word 3/20/2008 LETTER (DA 08-614) COLI, Inc. - Request for Waiver of Section 1.2105(a) of the Commission's Rules [48]pdf - [49]Word 3/20/2008 LETTER (DA 08-616) MetroPCS 700 MHz, LLC - Request for Waiver of Section 1.2105(a) of the Commission's Rules [50]pdf - [51]Word 3/20/2008 LETTER (DA 08-618) Triad 700, LLC - Request for Waiver
• http://wireless.fcc.gov/auctions/default.htm?job=releases_general&y=2001
  • [35]WTBWireless Telecommunications Bureau [36]ULSUniversal Licensing System [37]CORESCommission Registration System [38]Rural TelecommunicationsTelecommunications Service for Rural America [39]FCC > [40]WTB > [41]Auctions Home > [42]Auctions Releases > General Releases 2001 [43]FCC Site Map General Releases for 2001 9/27/2001 SEVENTH REPORT AND ORDER (FCC 01-270) Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures This Order adopts modifications to section 1.2105(c) of the Commission's rules, the competitive bidding "anti-collusion rule". [44]pdf - [45]text 7/17/2001 REPORT (FCC 01-192) Sixth Annual CMRS Competition Report In the matter of implementation of Section 6002(B) of the Omnibus Budget Reconciliation Action of 1993/Annual Report and Analysis of competitive market conditions with respect to commercial mobile services. Release Six of the Commission's annual reports on the state
• http://wireless.fcc.gov/auctions/default.htm?job=releases_general&y=2004
  • Trust and grants a limited waiver of Section 1.2111(c) of the Commission's rules. [44]pdf - [45]Word 11/23/2004 LETTER (DA 04-3685) Letter to Cheryl A. Tritt, Esq.; Re: Expedited Clarification of Sections 1,2105(a) and 1.2106(a) of the Commission's Rules The FCC responds to a request to clarify on an expedited basis the term "debt" or "non-tax debt" as referenced in Sections 1.2105(a) and 1.2106(a) of the rules. [46]pdf - [47]Word 9/28/2004 REPORT (FCC 04-216) 9th Annual CMRS Competition Report Implementation of Section 6002(b) of the Omnibus Budget Reconciliation Act of 1993; Annual Report and Analysis of Competitive Market Conditions with Respect to Commercial Mobile Services. [48]pdf - [49]Word Statement of Chairman Powell: [50]pdf - [51]Word Statement of Commissioner Copps: [52]pdf - [53]Word
• http://wireless.fcc.gov/auctions/default.htm?job=releases_general&y=2008
  • of Commissioner Michael J. Copps: [95]pdf - [96]Word Statement of Commissioner Jonathan S. Adelstein: [97]pdf - [98]Word 3/20/2008 PUBLIC NOTICE (DA 08-595) Auction of 700 MHz Band Licenses Closes [99]pdf - [100]Word [101]See Erratum Attachment A: [102]pdf Attachment B: [103]pdf Attachment C: [104]pdf Attachment D: [105]pdf - [106]Word 3/20/2008 LETTER (DA 08-612) Aristotle Inc. - Request for Waiver of Section 1.2105(a) of the Commission's Rules [107]pdf - [108]Word 3/20/2008 LETTER (DA 08-614) COLI, Inc. - Request for Waiver of Section 1.2105(a) of the Commission's Rules [109]pdf - [110]Word 3/20/2008 LETTER (DA 08-616) MetroPCS 700 MHz, LLC - Request for Waiver of Section 1.2105(a) of the Commission's Rules [111]pdf - [112]Word 3/20/2008 LETTER (DA 08-618) Triad 700, LLC - Request for Waiver
• http://wireless.fcc.gov/auctions/default.htm?job=releases_general&y=2010
  • Unjust Enrichment Provisions of 47 C.F.R. Section 1.2111(d)(2)(i) Extended by 90 days the period of time for which the Commission may consider a petition filed by Denali Spectrum License Sub, LLC seeking forbearance from the Commission's rules. [64]pdf - [65]Word 2/24/2010 ORDER (DA 10-288) Procedural Amendments to Commission Part 1 Competitive Bidding Rules Order And Errata making corrections to Section 1.2105. [66]pdf - [67]Word [68]Related Releases 2/24/2010 MEMORANDUM OPINION AND ORDER Fireside Media Dismissed the Petition for Partial Reconsideration. [69]pdf - [70]Word 2/18/2010 MEMORANDUM OPINION AND ORDER (DA 10-267) Ted W. Austin, Jr., Request for Waiver of Down Payment Deadline for Auction 62 Denied the Request for Waiver filed by Ted W. Austin, Jr., assessed an interim default payment, and dismissed
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=1997&m=1
  • Waiver of 47 C.F.R. 1.1205(b)(2) This Order denies Two Way Radio's Petition for Reconsideration of the denial of its request to change its designated entity status in connection with the 900 MHz Specialized Mobile Radio ("SMR") auction. [51]pdf - [52]text - [53]WordPerfect 1/21/1997 ORDER (DA 97-141) Auction [54]7 In the Matter of Clearcall, Inc. Request for Waiver of 47 C.F.R. 1.2105(b)(2) This Order denies ClearCall, Inc.'s Petition for Reconsideration of the denial of its request to change its designated entity status in connection with the 900 MHz Specialized Mobile Radio ("SMR") auction. [55]pdf - [56]text - [57]WordPerfect 1/15/1997 PUBLIC NOTICE (DA 97-81) Auction [58]11 D, E, and F Block Auction Closes (Auction No. 11) DEF block auction closed Jan. 14, 1997.
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=1997&m=10
  • Adopted: 10/24/1997 This MO&O denies Styles Interactive, Inc.'s request for review of the Bureau's earlier decision. [57]WordPerfect - [58]pdf - [59]text 10/28/1997 NOTICE OF APPARENT LIABILITY FOR FORFEITURE (FCC 97-388) Auction [60]11 Applications of: Mercury PCS II, LLC Notice of Apparent Liability for Forfeiture This Notice of Apparent Liability for Forfeiture finds that Mercury PCS II, LLC apparently violated Section 1.2105(c) by placing trailing numbers at the end of its bids that disclosed its bidding strategy in a reflexive manner that specifically invited collusive behavior. [61]pdf 10/24/1997 PUBLIC NOTICE (DA 97-2262) Auction [62]16 Addendum to Public Notice, DA 97-2222, Announcing Qualified Bidders in the October 28, 1997, 800 MHz Specialized Mobile Radio Auction This Public Notice corrects the delegated authority number
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=1998&m=5
  • 332 of the Communications Act Regulatory Treatment of Mobile Services Implementation of Section 309(j) of the Communications Act Competitive Bidding This MO&O considers Petitions for Reconsideration of Clarification of two Orders concerning the 220-222 MHz radio service. [74]pdf - [75]text - [76]WordPerfect 5/19/1998 ORDER (DA 98-922) Auction [77]7 In the Matter of ClearCall, Inc. Request for Waiver of 47 C.F.R. 1.2105(b)(2), DA 98-922, adopted May 19, 1998 This Order grants ClearCall, Inc.'s Request for Dismissal of it's Application for Review filed March 30, 1998, and dismisses with prejudice ClearCall's Request for Waiver of 47 C.F.R.. 1.2105(b)(2). [78]pdf - [79]text - [80]WordPerfect 5/18/1998 ORDER (DA 98-921) Auction [81]5 Interest Rate on Installment Payments for C Block PCS Licensees Request for waiver of
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=1998&m=8
  • Geographic Partitioning and Spectrum Disaggregation for the 220-222 MHz Service This R&O Amends Part 90 of the Commission's Rules to adopt geographic partitioning and spectrum disaggregation rules for the 220 MHz service. [113]pdf - [114]text - [115]WordPerfect [116]See News Release WT 98-25 8/5/1998 ORDER (DA 98-1522) Auction [117]7 In the Matter of ClearCall, Inc. Request for Waiver of 47 C.F.R. 1.2105(b)(2), DA 98-922, adopted May 19, 1998 This Order grants a partial waiver based on Wilderness' request and assesses a bid withdrawal payment. [118]pdf - [119]text - [120]WordPerfect Go to an Auction: [Select an Auction............][121] Go . Available Months [122]January [123]February [124]March [125]April [126]May [127]June [128]July August [129]September [130]October [131]November [132]December [133]Return to Top Arrow Return To Top [134]FCC Home [135]Search
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=1999&m=7
  • Rule as Set Forth in Section 90.1007 of the Commission's Rules This MO&O dismisses the Application for Review filed on March 29, 1999 by Jeremy A. Greene was procedurally defective. [53]pdf - [54]text - [55]WordPerfect 7/22/1999 MEMORANDUM OPINION AND ORDER (FCC 99-189) Auction [56]7 In the Matter of Two Way Radio Of Carolina, Inc. Request for Waiver of 47 C.F.R. 1.2105(b)(2) This Memorandum Opinion and Order, denies Two Way Radio's Application for Review of the Bureau's decision in which it denied Two Way Radio's request for waiver of 47 CFR 1.2105(b)(2) governing modifications to short-form applications [57]pdf - [58]text - [59]WordPerfect 7/22/1999 ORDER (DA 99-1449) Auction [60]16 In the Matter of Nevada Wireless, Emergency Petition for Reconsideration and Emergency Motion for
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=1999&m=9
  • the Commission's rules filed by High Tech Communications Services, Inc., the winning bidder for an A Block license for Puerto Rico and the Virgin Islands in the 800 MHz SMR auction. [99]pdf - [100]text - [101]WordPerfect Attachment A: [102]text - [103]Word 9/2/1999 ORDER (DA 99-1785) Auction [104]22 In the Matter of Highland Cellular, Inc. Request for Waiver of 47 C.F.R. 1.2105(b)(2) This Order denies Highland Cellular, Inc.'s request for waiver of section 1.2105(b)(2) of the Commission's rules. [105]pdf - [106]text - [107]WordPerfect 9/2/1999 ORDER (DA 99-1784) Auction [108]22 In the Matter of Personal Communications Service Beckley, West Virginia Basic Trading Area No. 35, C Block License Auction No. 22 This Order denies OPM Auction Co.'s Petition for Emergency Relief in the
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2001&m=10
  • the July 12, 2001 waiver request of the interest associated with its installment payment obligations on a 218-219 MHZ Service license. [57]pdf - [58]text 10/25/2001 ORDER (DA 01-2480) Auction [59]26 Default Payment Obligations and Procedures for Trompex Corporation This Order sets forth the disqualification and the default payment obligations and procedures for Trompex Corp., resulting from its violation of sections 1.2105(b)(2) and (c)(2) of the Commission's rules during the Commission's 929 and 931 MHz Paging Auction. [60]pdf - [61]text 10/23/2001 LETTER (DA 01-2472) Auction [62]40 Lissa Robart on behalf of Paul L. Valois This letter responds to the request for confidential treatment of information contained in Paul L. Valois' FCC Form 175 application to participate in Auction No. 40. [63]pdf -
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2001&m=9
  • 218 applications that the Commission received for participation in Auction No. 40 scheduled to begin on Tuesday, October 30, 2001. [45]pdf - [46]text Attachment A: [47]pdf Attachment B: [48]pdf Attachment C: [49]pdf Supplemental File: [50]pdf 9/27/2001 SEVENTH REPORT AND ORDER (FCC 01-270) Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures This Order adopts modifications to section 1.2105(c) of the Commission's rules, the competitive bidding "anti-collusion rule". [51]pdf - [52]text 9/21/2001 ORDER ON RECONSIDERATION (FCC 01-259) Auction [53]5, [54]11 Licenses of 21st Century Telesis Joint Venture and 21st Century Bidding Corporation for Facilities in the Broadband Personal Communications Services This Order on Reconsideration denies a petition seeking reconsideration of a MO&O, in which the Commission affirmed the denial
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2003&m=8
  • and other auction procedures. [45]pdf - [46]Word Attachment A: [47]pdf - [48]xls 8/27/2003 NOTICE OF APPARENT LIABILITY FOR FORFEITURE (DA 03-2723) Auction [49]44 Northeast Communications of Wisconsin, Inc. for C Block Facilities in the 710-716 and 740-746 MHz Bands Issued Notice of Apparent Liability for Forfeiture in the amount of $100,000 to Northeast Communications of Wisconsin, Inc. for violating Section 1.2105(c) of the Commission's Rules during the auction with Northeast Communication of Wisconsin, Inc. Action by: Chief, Enforcement Bureau. Adopted: 08/26/2003 by NALF. [50]pdf - [51]Word Attachment C: [52]pdf Attachment D: [53]pdf 8/27/2003 NOTICE OF APPARENT LIABILITY FOR FORFEITURE (DA 03-2722) Auction [54]44 Star Wireless, LLC for C Block Facilities in the 710-716 and 740-746 MHz Bands Liability for Forfeiture in
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2004&m=11
  • (DA 04-3535) Auction [56]40 Letter to Mr. Kent S. Foster, President, Golden Arrow Paging, Inc. This letter assesses the final bid withdrawal payment for Auction No. 40. [57]pdf - [58]Word 11/23/2004 PUBLIC NOTICE (DA 04-3677) Auction [59]58 WTB Reminder of Anti-Collusion Rule Obligations WTB reminds prospective Auction No. 58 applicants of the need to comply with the Anti-Collusion Rule, Section 1.2105(c). [60]pdf - [61]Word 11/23/2004 LETTER (DA 04-3685) Auction [62]58 Letter to Cheryl A. Tritt, Esq.; Re: Expedited Clarification of Sections 1,2105(a) and 1.2106(a) of the Commission's Rules The FCC responds to a request to clarify on an expedited basis the term "debt" or "non-tax debt" as referenced in Sections 1.2105(a) and 1.2106(a) of the rules. [63]pdf - [64]Word 11/17/2004 PUBLIC
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2004&m=9
  • of Star Wireless, LLC. Issued forfeiture in the amount of $100,000 to Star Wireless, LLC. for engaging in collusive conduct during a Commission-conducted auction in 2002. [59]pdf - [60]Word 9/22/2004 LETTER (DA-04-3037) Auction [61]37 Letter Regarding Joint Petition for Reconsideration or Waiver of the Rules for Reinstatement of Rejected Applications Relating to FM Auction No. 37 This letter waives Section 1.2105(b)(2) of the Commission's rules, to a limited extent, for Auction 37 applicants that indicated "Noncommercial Educational" applicant status. [62]pdf - [63]Word 9/22/2004 PUBLIC NOTICE (DA-04-3043) Auction [64]37 Supplemental Notice Concerning Status of FCC Form 175 Applications to Participate in Auction No. 37, Auction of FM Broadcast Construction Permits This Public Notice provides instructions to certain Auction 37 applicants for amending
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2006&m=5
  • Licenses Scheduled for May 10, 2006; Clarification of Treatment of Bids by Bidders Sharing a Controlling Interest This public notice clarifies the treatment of bids by bidders in Auction No. 65 sharing a controlling interest. [66]pdf - [67]Word 5/2/2006 LETTER (DA 06-952) Auction [68]65 To: AirCell, Inc.; Re: Application to Participate in Auction No. 65/Report of Communication Covered by Section 1.2105(c) The WTB responds to a report from AirCell, Inc. concerning a communication from another applicant in Auction No. 65. Action by: Deputy Chief, Auctions and Spectrum Access Division, WTB by LETTER. (DA 06-952). [69]pdf - [70]Word 5/1/2006 PUBLIC NOTICE (DA 06-959) Auction [71]65 WTB Specifies Requirements for Air-Ground Radiotelephone Service Spectrum Sharing and Site Selection Plan [72]pdf - [73]Word Go
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2007&m=3
  • 220 MHz Service Spectrum Scheduled for June 20, 2007, Reminder: Pre-Auction Seminar April 11, 2007 [45]pdf - [46]Word 3/15/2007 LETTER (DA 07-1325) Auction [47]70 Radio Training Network, Inc. c/o A. Wray Fitch III, Esq. Auction No. 70 FCC Form 175 Application The Media and Wireless Telecommunications Bureaus jointly denied Radio Training Network, Inc. petition for reconsideration, and waiver of Section 1.2105(b)(2) of the Commission's rules. [48]pdf - [49]Word 3/14/2007 PUBLIC NOTICE (DA 07-1176) Auction [50]69 Auction of 1.4 GHz Band Licenses Closes, Winning Bidders Announced for Auction No. 69 This Public Notice announces the winning bidders and provides detailed information concerning down payments, final payments and/or refunds, FCC forms 601 and 602 filing requirements, requests for rule waivers and licensing matters.
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2007&m=6
  • Letter to Mr. Marcus D. Jones, President, Owensville Communications, LLC; Response to Request for Waiver of Section 1.2109(a) of the Commission's Rules This letter denies the request of Owensville Communications, LLC for waiver of Section 1.2109(a) of the Commission's rules (Auction No. 37). [48]pdf - [49]Word 6/5/2007 LETTER (DA 07-2328) Auction [50]72 Request for Declaratory Ruling Concerning Implementation of Section 1.2105(b)(2) [51]pdf - [52]Word 6/5/2007 PUBLIC NOTICE (DA 07-2278) Auction [53]72 Auction of Phase II 220 MHz Service Spectrum Licenses, Five Bidders Qualified to Participate in Auction No. 72; Limited Information Disclosure Procedures to be Used The WTB identifies five applicants found to be qualified to bid in the upcoming auction of Phase II 220 MHz Service licenses (Auction No. 72).
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2008&m=3
  • [65]pdf - [66]Word Statement of Commissioner Jonathan S. Adelstein: [67]pdf - [68]Word 3/20/2008 PUBLIC NOTICE (DA 08-595) Auction [69]73 Auction of 700 MHz Band Licenses Closes [70]pdf - [71]Word [72]See Erratum Attachment A: [73]pdf Attachment B: [74]pdf Attachment C: [75]pdf Attachment D: [76]pdf - [77]Word 3/20/2008 LETTER (DA 08-612) Auction [78]73, [79]76 Aristotle Inc. - Request for Waiver of Section 1.2105(a) of the Commission's Rules [80]pdf - [81]Word 3/20/2008 LETTER (DA 08-614) Auction [82]73, [83]76 COLI, Inc. - Request for Waiver of Section 1.2105(a) of the Commission's Rules [84]pdf - [85]Word 3/20/2008 LETTER (DA 08-616) Auction [86]73, [87]76 MetroPCS 700 MHz, LLC - Request for Waiver of Section 1.2105(a) of the Commission's Rules [88]pdf - [89]Word 3/20/2008 LETTER (DA 08-618) Auction
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2009&m=2
  • Reference Information Center, which is located in Room CY-A257 at the [50]Commission's Headquarters. 2/10/2009 NOTICE OF APPARENT LIABILITY FOR FORFEITURE (DA 09-207) Auction [51]73 Cascade Access, LLC; Notice of Apparent Liability for Forfeiture Notice of apparent liability for forfeiture in the amount of $75,000 for engaging in a prohibited communication and failure to notify the Commission in violation of Sections 1.2105(c)(1) and (c)(6). [52]pdf - [53]Word Go to an Auction: [Select an Auction............][54] Go . Available Months [55]January February [56]March [57]April [58]May [59]June [60]July [61]August [62]September [63]October [64]November [65]December [66]Return to Top Arrow Return To Top [67]FCC Home [68]Search [69]RSS [70]Updates [71]E-Filing [72]Initiatives [73]Consumers [74]Find People General Auctions Information [75]Licensing, Technical Support and Website Issues [76]Auctions Contact Information - [77]Forgot Your
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2010&m=2
  • in manual filing [35]WTBWireless Telecommunications Bureau [36]ULSUniversal 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 February 2010 2/24/2010 ORDER (DA 10-288) Procedural Amendments to Commission Part 1 Competitive Bidding Rules Order And Errata making corrections to Section 1.2105. [44]pdf - [45]Word [46]Related Releases 2/24/2010 MEMORANDUM OPINION AND ORDER Auction [47]37 Fireside Media Dismissed the Petition for Partial Reconsideration. [48]pdf - [49]Word 2/18/2010 MEMORANDUM OPINION AND ORDER (DA 10-267) Auction [50]62 Ted W. Austin, Jr., Request for Waiver of Down Payment Deadline for Auction 62 Denied the Request for Waiver filed by Ted W. Austin, Jr., assessed an interim
• http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
  • Rcd at 454-70, �� 138-169. 36 47 C.F.R. � 1.2104. 37 47 C.F.R. �� 21.951(a)(2)-(c), 22.205, 22.962, 25.402, 27.202, 73.5001, 90.803, 90.903(c)-(f), 90.1005, 90.1015(b), 100.73, 101.1103, and 101.1203. Federal Communications Commission DA 02-847 6 1.2104,38 are removed: 21.959(a)-(b); 22.207; 22.215(b); 22.963; 24.704; 27.203; 73.5004(a); 90.805; 90.905; 90.1007; 100.74; and 100.78(b).39 9. Bidding application and certification procedures; prohibition of collusion. Section 1.2105 of the Commission's rules describes the short-form application ("FCC Form 175") and certification procedures and the prohibition against applicant collusion.40 Section 1.2105 sets forth the information and certifications that applicants must provide to participate in an auction.41 This section also prohibits applicants from communicating with each other about bids, bidding strategies, or settlements if the applicants are bidding on licenses
• 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
  • 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 � � � � � @& �0� �0� �0� �0� �0� �0� ��� � R �E��:Ff(R)3FF
• http://wireless.fcc.gov/auctions/general/releases/fc000209.doc http://wireless.fcc.gov/auctions/general/releases/fc000209.pdf http://wireless.fcc.gov/auctions/general/releases/fc000209.txt
  • �24.232. 47 C.F.R. � 1.925. This does not preclude bidders from entering into discussions with tribal authorities prior to the commencement of the auction. Such discussions are also permissible during the auction unless the parties are eligible to bid against one another and have not disclosed a pre-auction agreement in accordance with the auction anti-collusion rules. See 47 C.F.R. � 1.2105(c). The following examples demonstrate how the tribal land bidding credits are calculated and applied. In both instances, assume the gross high bid at the auction was $3 million and that the applicant was granted a 25% tribal land bidding credit. Example 1: Applicant is not entitled to a small business bidding credit. The down payment due after the close of
• 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
  • petitions for reconsideration and comments filed in response to the Part 1 Third Report and Order. The Fifth Report and Order addresses comments filed in response to the Second Notice, and the Fourth Notice adopted herein seeks comment on additional proposals relating to the general competitive bidding rules. EXECUTIVE SUMMARY 3. In this Order on Reconsideration we: ( Amend Section 1.2105(c)(1) of our rules to clarify that the prohibition on collusion begins on the filing deadline for short-form applications and ends on the down payment deadline. ( Clarify and correct the ownership disclosure requirements contained in Section 1.2112 of our rules. In particular, with respect to entities not seeking designated entity status, we eliminate the requirement to include debt and instruments
• 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
  • rule making proceedings we would continue to establish the appropriate size standards for each auctionable service). Whether to modify the unjust enrichment rule, Section 1.2111(c), which governs the payment of unpaid principal and accrued interest by licensees utilizing installment payments and seeking to transfer or assign their licenses, to conform with the broadband PCS rules. 6 Whether to amend Sections 1.2105(a) and 1.2107(c) to require that all short-form and long-form applications be filed electronically beginning January 1, 1998. Whether to amend Section 1.2105(b)(2) to provide a uniform definition of major amendments to FCC Form 175. Whether to adopt general ownership disclosure requirements and allow auction applicants See JEM Broadcasting v. FCC, 22 F.3d 320, 326-28 (D.C. Cir. 1994). 7 5 to
• 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
  • After the Supreme Court's decision in Adarand Constructors v. Pena that federal measures awarding preferential treatment on the basis of race are subject to strict scrutiny, the Commission revised its designated entity provisions so that all designated entities must be small businesses. See Adarand Constructors v. Pena, 115 S. Ct. 2097 (1995). See 47 C.F.R. �� 24.716(d), 24.717(c). 6 Sections 1.2105(a) and 1.2107(c) were erroneously amended by the Order, Memorandum Opinion and Order 7 and Notice of Proposed Rule Making in this docket. The Notice portion of the Order, Memorandum Opinion and Order and Notice of Proposed Rule Making only requested comment on these proposed amendments to the Commission's rules; the Commission did not intend to adopt the rule at that
• http://wireless.fcc.gov/auctions/general/releases/part1rul.doc http://wireless.fcc.gov/auctions/general/releases/part1rul.pdf
  • evidence of security breach, unlawful bidding activity, administrative necessity, or for any other reason that affects the fair and efficient conduct of the competitive bidding. The Commission also has the authority, at its sole discretion, to resume the competitive bidding starting from the beginning of the current or some previous round or cancel the competitive bidding in its entirety. � 1.2105 Bidding application and certification procedures; prohibition of collusion. (a) Submission of Short-Form Application (FCC Form 175). In order to be eligible to bid, an applicant must timely submit a short-form application (FCC Form 175), together with any appropriate upfront payment set forth by Public Notice. Beginning January 1, 1999, all short-form applications must be filed electronically. (1) All short-form applications
• http://wireless.fcc.gov/index.htm?job=headlines&y=2006
  • System to Test Aircraft Data Link Systems [664]pdf - [665]Word 5/2/2006 PUBLIC NOTICE (DA 06-962) WTB Seeks Comment on Request for Waiver by Briartek Incorporated for Type Certification of DSC Personal Emergency Position Indicating Radio Beacon (EPIRB) [666]pdf - [667]Word 5/2/2006 LETTER (DA 06-952) To: AirCell, Inc.; Re: Application to Participate in Auction No. 65/Report of Communication Covered by Section 1.2105(c) [668]pdf - [669]Word 5/1/2006 PUBLIC NOTICE (DA 06-959) WTB Specifies Requirements for Air-Ground Radiotelephone Service Spectrum Sharing and Site Selection Plan [670]pdf - [671]Word April 4/28/2006 PUBLIC NOTICE (DA 06-907) Auction of 800 MHz Air-Ground Radiotelephone Service Licenses; 9 Bidders Qualified to Participate in Auction No. 65 [672]pdf - [673]Word Attachment A : [674]pdf Attachment B : [675]pdf Attachment C
• http://wireless.fcc.gov/index.htm?job=headlines&y=2007
  • Comment on Requests for Waiver to Permit the Approval of Class B Automatic Identification System (AIS) Devices [461]pdf - [462]Word 6/11/2007 PUBLIC NOTICE (DA 07-2302) The FCC Enhances the Universal Licensing System for Filing Required Notifications and Requests for Extension of Time in Wireless Services [463]pdf - [464]Word 6/5/2007 LETTER (DA 07-2328) Request for Declaratory Ruling Concerning Implementation of Section 1.2105(b)(2) [465]pdf - [466]Word 6/5/2007 PUBLIC NOTICE (DA 07-2278) Auction of Phase II 220 MHz Service Spectrum Licenses, Five Bidders Qualified to Participate in Auction No. 72; Limited Information Disclosure Procedures to be Used [467]pdf - [468]Word Attachment A: [469]pdf Attachment B: [470]pdf 6/4/2007 LETTER (DA 07-2324) WT Docket 07-10, Request for Waiver of the Analog Service Requirement [471]pdf - [472]Word
• http://wireless.fcc.gov/index.htm?job=headlines&y=2008
  • Services in the 2150-2162 and 2500-2690 MHz Bands, et al [525]pdf - [526]Word [527]See Erratum Dated 4/14/2008 3/20/2008 PUBLIC NOTICE (DA 08-595) Auction of 700 MHz Band Licenses Closes [528]pdf - [529]Word [530]See Erratum Attachment A: [531]pdf Attachment B: [532]pdf Attachment C: [533]pdf Attachment D: [534]pdf - [535]Word 3/20/2008 LETTER (DA 08-612) Aristotle Inc. - Request for Waiver of Section 1.2105(a) of the Commission's Rules [536]pdf - [537]Word 3/20/2008 LETTER (DA 08-614) COLI, Inc. - Request for Waiver of Section 1.2105(a) of the Commission's Rules [538]pdf - [539]Word 3/20/2008 LETTER (DA 08-616) MetroPCS 700 MHz, LLC - Request for Waiver of Section 1.2105(a) of the Commission's Rules [540]pdf - [541]Word 3/20/2008 LETTER (DA 08-618) Triad 700, LLC - Request for Waiver
• http://wireless.fcc.gov/index.htm?job=release&id=58&y=2010
  • Navigation Related Sites [25]Cellular Rulemaking [26]Competition Reports [27]Geographic Data Extracts [28]Hearing Aid Compatibility Status Reporting [29]Mobility Fund Auction [30]Verizon Wireless, Spectrumco, Cox Ex Parte Meeting Request Form [31]Wireless Facilities Siting Issues [32]Wireless Microphones [33]Skip Navigation [34]FCC [35]FCC Site Map Release 2/24/2010 ORDER (DA 10-288) Procedural Amendments to Commission Part 1 Competitive Bidding Rules Order And Errata making corrections to Section 1.2105. [36]pdf - [37]Word [38]Related Releases [39]FCC Home [40]Search [41]RSS [42]Updates [43]E-Filing [44]Initiatives [45]Consumers [46]Find People [47]Licensing, Technical Support and Website Issues - [48]Forgot Your Password? - [49]Submit eSupport request Phone: 1-877-480-3201 TTY: 1-717-338-2824 Federal Communications Commission 445 12th Street SW Washington, DC 20554 [50]More FCC Contact Information... Phone: 1-888-CALL-FCC (1-888-225-5322) TTY: 1-888-TELL-FCC (1-888-835-5322) Fax: 1-866-418-0232 E-Mail: [51]fccinfo@fcc.gov - [52]Privacy Policy
• http://wireless.fcc.gov/rss/index.htm?job=ainf&id=22
  • Order dismisses Mountain Solutions Ltd., Inc.'s Petition to Deny the long-form application (FCC Form 601) filed by ABC Wireless, L.L.C. , a winning bidder in Auction 22, the C, D, E and F block broadband PCS license auction that closed on April 15, 1999.http://wireless.fcc.gov/auctions/default.htm?job=release&id=69&y=1 999Wed, 08 Sep 1999 04:00:00 GMTThis Order denies Highland Cellular, Inc.'s request for waiver of section 1.2105(b)(2) of the Commission's rules.http://wireless.fcc.gov/auctions/default.htm?job=release&id=70&y= 1999Thu, 02 Sep 1999 04:00:00 GMTThis Order denies OPM Auction Co.'s Petition for Emergency Relief in the form of the immediate reinstatement of a pre-final round bid as the winning bid in Auction 22, the C, D, E and F block broadband PCS license auction.http://wireless.fcc.gov/auctions/default.htm?job=release&id=71& y=1999Thu, 02 Sep 1999 04:00:00 GMTThis Order dismisses the Application for
• http://wireless.fcc.gov/rss/index.htm?job=ainf&id=26
  • Auction No. 26.http://wireless.fcc.gov/auctions/default.htm?job=release&id=106&y=20 04Mon, 13 Dec 2004 05:00:00 GMTThis letter responds to the Request for Refund filed by Vodafone AirTouch Licenses LLC in connection with certain licenses it purchased in Auction No. 26.http://wireless.fcc.gov/auctions/default.htm?job=release&id=97&y=200 1Fri, 21 Dec 2001 05:00:00 GMTThis Order sets forth the disqualification and the default payment obligations and procedures for Trompex Corp., resulting from its violation of sections 1.2105(b)(2) and (c)(2) of the Commission's rules during the Commission's 929 and 931 MHz Paging Auction.http://wireless.fcc.gov/auctions/default.htm?job=release&id=98& y=2001Thu, 25 Oct 2001 04:00:00 GMTThis 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.http://wireless.fcc.gov/auctions/default.htm?job=release&id=143&y= 2000Tue, 21 Mar 2000 05:00:00 GMTThis Public Notice details information regarding winning
• http://wireless.fcc.gov/rss/index.htm?job=ainf&id=37
  • to reverse the rejection of Tracy Broadcasting Corporation's application to participate in Auction 37.http://wireless.fcc.gov/auctions/default.htm?job=release&id=70&y=200 4Fri, 24 Sep 2004 04:00:00 GMTThe letter denies the request for waiver of the deadline for filing a short-form application (FCC Form 175) to participate in Auction No. 37 filed on behalf of Ideas for Business, Inc.http://wireless.fcc.gov/auctions/default.htm?job=release&id=66&y=20 04Thu, 23 Sep 2004 04:00:00 GMTThis letter waives Section 1.2105(b)(2) of the Commission's rules, to a limited extent, for Auction 37 applicants that indicated "Noncommercial Educational" applicant status.http://wireless.fcc.gov/auctions/default.htm?job=release&id=63&y =2004Wed, 22 Sep 2004 04:00:00 GMTThis Public Notice provides instructions to certain Auction 37 applicants for amending their short-form applications.http://wireless.fcc.gov/auctions/default.htm?job=release&i d=64&y=2004Wed, 22 Sep 2004 04:00:00 GMTErratum corrects the application categories section and attachment A of DA04-2948 released September 13, 2004.http://wireless.fcc.gov/auctions/default.htm?job=release&id=60&y=2 004Fri, 17
• http://wireless.fcc.gov/rss/index.htm?job=ainf&id=44
  • television broadcast stations; review of the Commission's rules and policies affecting the conversion to digital television.http://wireless.fcc.gov/auctions/default.htm?job=release&id= 11&y=2003Mon, 03 Nov 2003 05:00:00 GMTThis letter refunds McBride Spectrum $3,043 withheld in connection with licenses in Auction No. 44.http://wireless.fcc.gov/auctions/default.htm?job=release&id=23&y=200 3Fri, 05 Sep 2003 04:00:00 GMTIssued Notice of Apparent Liability for Forfeiture in the amount of $100,000 to Star Wireless, LLC for violating Section 1.2105(c) of the Commission's Rules during the auction with Northeast Communication of Wisconsin, Inc. Action by: Chief, Enforcement Bureau. Adopted: 08/26/2003 by NALF. http://wireless.fcc.gov/auctions/default.htm?job=release&id=21&y=2003We d, 27 Aug 2003 04:00:00 GMTLiability for Forfeiture in the amount of $100,000 to Northeast Communications of Wisconsin, Inc. for violating Section 1.2105(c) of the Commission's Rules during the auction with Star Wireless, LLC.. Action by: Chief,
• http://wireless.fcc.gov/rss/index.htm?job=ainf&id=58
  • 26, 2005.http://wireless.fcc.gov/auctions/default.htm?job=release&id=107&y= 2004Thu, 16 Dec 2004 05:00:00 GMTThis letter denies the November 19, 2004 request of Wirefree Partners, Inc., seeking an extenion of the FCC's final payment deadline for licenses that may be won in Auction No. 58.http://wireless.fcc.gov/auctions/default.htm?job=release&id=102&y=20 04Mon, 13 Dec 2004 05:00:00 GMTWTB reminds prospective Auction No. 58 applicants of the need to comply with the Anti-Collusion Rule, Section 1.2105(c).http://wireless.fcc.gov/auctions/default.htm?job=release&id=9 2&y=2004Tue, 23 Nov 2004 05:00:00 GMTThe FCC responds to a request to clarify on an expedited basis the term "debt" or "non-tax debt" as referenced in Sections 1.2105(a) and 1.2106(a) of the rules.http://wireless.fcc.gov/auctions/default.htm?job=release&id=95&y= 2004Tue, 23 Nov 2004 05:00:00 GMTThis public notice provides information on compliance with the default and delinquency disclosure requirements for Auction No. 58 applicants.http://wireless.fcc.gov/auctions/default.htm?job=release&id= 78&y=2004Fri, 29 Oct
• http://wireless.fcc.gov/rss/index.htm?job=ainf&id=73
  • Acquisitions, Inc.http://wireless.fcc.gov/auctions/default.htm?job=release&id=73&y=20 12Thu, 22 Mar 2012 04:00:00 GMTThe Commission removed two modifications to its competitive bidding rules pursuant to Third Circuit mandate and dismissed related petitions for reconsideration.http://wireless.fcc.gov/auctions/default.htm?job=releas e&id=20&y=2012Wed, 01 Feb 2012 05:00:00 GMTNotice of apparent liability for forfeiture in the amount of $75,000 for engaging in a prohibited communication and failure to notify the Commission in violation of Sections 1.2105(c)(1) and (c)(6).http://wireless.fcc.gov/auctions/default.htm?job=release&id=12&y =2009Tue, 10 Feb 2009 05:00:00 GMTAssessed the interim default payment obligation for VentureTel 700, Inc. with respect to its default arising out of a Commission auction of the 700 MHz Band licenses (Auction 73).http://wireless.fcc.gov/auctions/default.htm?job=release&id=182&y=2 008Wed, 01 Oct 2008 04:00:00 GMTAssessed the interim default payment obligation for Spectrum Acquisitions, Inc. with respect to its default arising out of a
• http://wireless.fcc.gov/services/index.htm?job=service_releases&id=air_ground&page=L
  • Search Request [10]Help - [11]Advanced | [12]Share [13]Skip Navigation [14]Air-Ground Home [15]Data [16]Licensing [17]Releases [18]Skip Navigation Related Sites [19]Auctions [20]ULS Universal Licensing System [21]Skip Navigation [22]FCC > [23]WTB > [24]Services > [25]Air-Ground Home > Releases [26]FCC Site Map Releases Letters 5/2/2006 LETTER (DA 06-952) To: AirCell, Inc.; Re: Application to Participate in Auction No. 65/Report of Communication Covered by Section 1.2105(c) The WTB responds to a report from AirCell, Inc. concerning a communication from another applicant in Auction No. 65. Action by: Deputy Chief, Auctions and Spectrum Access Division, WTB by LETTER. (DA 06-952). [27]pdf - [28]Word View Releases by Year [29]2007 [30]2006 [31]2005 [32]2004 View Releases by Type [33]Public Notices [34]Orders Letters [35]News Releases [36]Return to Top Arrow Return To
• http://wireless.fcc.gov/services/index.htm?job=service_releases&id=air_ground&ry=2006
  • Radiotelephone Service Licenses Scheduled for May 10, 2006; Clarification of Treatment of Bids by Bidders Sharing a Controlling Interest This public notice clarifies the treatment of bids by bidders in Auction No. 65 sharing a controlling interest. [39]pdf - [40]Word 5/2/2006 LETTER (DA 06-952) To: AirCell, Inc.; Re: Application to Participate in Auction No. 65/Report of Communication Covered by Section 1.2105(c) The WTB responds to a report from AirCell, Inc. concerning a communication from another applicant in Auction No. 65. Action by: Deputy Chief, Auctions and Spectrum Access Division, WTB by LETTER. (DA 06-952). [41]pdf - [42]Word 5/1/2006 PUBLIC NOTICE (DA 06-959) WTB Specifies Requirements for Air-Ground Radiotelephone Service Spectrum Sharing and Site Selection Plan [43]pdf - [44]Word 4/28/2006 PUBLIC NOTICE
• http://wireless.fcc.gov/wtb/index.htm?job=headlines&y=2006
  • System to Test Aircraft Data Link Systems [664]pdf - [665]Word 5/2/2006 PUBLIC NOTICE (DA 06-962) WTB Seeks Comment on Request for Waiver by Briartek Incorporated for Type Certification of DSC Personal Emergency Position Indicating Radio Beacon (EPIRB) [666]pdf - [667]Word 5/2/2006 LETTER (DA 06-952) To: AirCell, Inc.; Re: Application to Participate in Auction No. 65/Report of Communication Covered by Section 1.2105(c) [668]pdf - [669]Word 5/1/2006 PUBLIC NOTICE (DA 06-959) WTB Specifies Requirements for Air-Ground Radiotelephone Service Spectrum Sharing and Site Selection Plan [670]pdf - [671]Word April 4/28/2006 PUBLIC NOTICE (DA 06-907) Auction of 800 MHz Air-Ground Radiotelephone Service Licenses; 9 Bidders Qualified to Participate in Auction No. 65 [672]pdf - [673]Word Attachment A : [674]pdf Attachment B : [675]pdf Attachment C
• http://wireless.fcc.gov/wtb/index.htm?job=headlines&y=2007
  • Comment on Requests for Waiver to Permit the Approval of Class B Automatic Identification System (AIS) Devices [461]pdf - [462]Word 6/11/2007 PUBLIC NOTICE (DA 07-2302) The FCC Enhances the Universal Licensing System for Filing Required Notifications and Requests for Extension of Time in Wireless Services [463]pdf - [464]Word 6/5/2007 LETTER (DA 07-2328) Request for Declaratory Ruling Concerning Implementation of Section 1.2105(b)(2) [465]pdf - [466]Word 6/5/2007 PUBLIC NOTICE (DA 07-2278) Auction of Phase II 220 MHz Service Spectrum Licenses, Five Bidders Qualified to Participate in Auction No. 72; Limited Information Disclosure Procedures to be Used [467]pdf - [468]Word Attachment A: [469]pdf Attachment B: [470]pdf 6/4/2007 LETTER (DA 07-2324) WT Docket 07-10, Request for Waiver of the Analog Service Requirement [471]pdf - [472]Word
• http://wireless.fcc.gov/wtb/index.htm?job=headlines&y=2008
  • Services in the 2150-2162 and 2500-2690 MHz Bands, et al [525]pdf - [526]Word [527]See Erratum Dated 4/14/2008 3/20/2008 PUBLIC NOTICE (DA 08-595) Auction of 700 MHz Band Licenses Closes [528]pdf - [529]Word [530]See Erratum Attachment A: [531]pdf Attachment B: [532]pdf Attachment C: [533]pdf Attachment D: [534]pdf - [535]Word 3/20/2008 LETTER (DA 08-612) Aristotle Inc. - Request for Waiver of Section 1.2105(a) of the Commission's Rules [536]pdf - [537]Word 3/20/2008 LETTER (DA 08-614) COLI, Inc. - Request for Waiver of Section 1.2105(a) of the Commission's Rules [538]pdf - [539]Word 3/20/2008 LETTER (DA 08-616) MetroPCS 700 MHz, LLC - Request for Waiver of Section 1.2105(a) of the Commission's Rules [540]pdf - [541]Word 3/20/2008 LETTER (DA 08-618) Triad 700, LLC - Request for Waiver
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2004&m=11&t=Order
  • submit a re... DA-04-3676A1: [85]pdf - [86]word - [87]txt 11/23/2004 WTB Orders (DA 04-3671) CITADEL BROADCASTING COMPANY Denied Citadel's Waiver Request. Dismissed its Application DA-04-3671A1: [88]pdf - [89]word - [90]txt 11/23/2004 WTB Orders (FCC 04-273) San Diego MDS Company Denied the application for review FCC-04-273A1: [91]pdf - [92]word - [93]txt 11/23/2004 WTB Orders (DA 04-3685) Re: Expedited Clarification of Sections 1.2105(a) and 1.2106(a) of the Commission's Rules The FCC responded to a request to clarify on an expedited basis the term "debt" or "non-tax debt as ... DA-04-3685A1: [94]pdf - [95]word - [96]txt 11/22/2004 WTB Orders (DA 04-3668) Re: Auction No. 40 - Reconsideration Request Denied the Petition filed on behalf of Golden Arrow Paging seeking reconsideration of GAP's claim to...
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2004&m=9&t=Order
  • for FM Broadcast Auction No. 37 Denied the Request for Waiver DA-04-3058A1: [67]pdf - [68]word - [69]txt 09/22/2004 WTB Orders (DA 04-3037) FM BROADCAST AUCTION NO. 37 - JOINT PETITION FOR RECONSIDERATION OR WAIVER OF THE RULES FOR REINSTATEMENT OF REJECTED APPLICATIONS RELATING TO FM AUCTION NO. 37 FILED BY AMERICAN FAMILY ASSOCIATION, ILLINOIS STATE UNIVERSITY, ET. AL Waived Section 1.2105(b)(2) of the Commission's rules, to the limited extent noted DA-04-3037A1: [70]pdf - [71]word - [72]txt 09/21/2004 WTB Orders (DA 04-3028) Trans Video Communications, Inc Dismissed the Petition DA-04-3028A1: [73]pdf - [74]word - [75]txt 09/21/2004 WTB Orders (DA 04-3029) Rye Telephone Company, Inc Denied the Request for Waiver DA-04-3029A1: [76]pdf - [77]word - [78]txt 09/17/2004 WTB Orders (DA 04-3007) Amendments of
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2006&m=5&t=Order
  • Stay as Moot DA-06-1001A1: [73]pdf - [74]word - [75]txt 05/08/2006 WTB Orders (FCC 06-63) Improving Public Safety Communications in the 800 MHz Band Granted the Transition Administrator's Request for Extension of Time for Negotiation FCC-06-63A1: [76]pdf - [77]word - [78]txt 05/02/2006 WTB Orders (DA 06-952) AirCell, Inc. - Application to Participate in Auction No. 65/Report of Communication Covered by Section 1.2105(c) of the Commission's rules The Wireless Telecommunications Bureau responds to a report from AirCell, Inc. concerning a communic... DA-06-952A1: [79]pdf - [80]word - [81]txt WTB Orders, May - 2006 has 11 Records. Return to Top Arrow [82]Return to Top Last reviewed/updated on 07/16/2012 Wireless Index Categories [83]May-2006 News Releases [84]May-2006 Notices *** May-2006 Orders [85]May-2006 Public Notices [86]May-2006 Reports View
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2007&m=6&t=Order
  • Orders (DA 07-2425) Amendment of Part 101 of the Commissions Rules to modify Antenna Requirements for the 10.7-11.7 GMz Band Granted in part the Motion for Extension of Time to File Reply Comments filed by Mobile Satellite Ve... DA-07-2425A1: [87]pdf - [88]word - [89]txt 06/05/2007 WTB Orders (DA 07-2328) AMTS Consortium LLC, Request for Declaratory Ruling Concerning Implementation of Section 1.2105(b)(2)'s Definition of "Major Modification" for Auction No. 72 Response to the Request for Declaratory Ruling DA-07-2328A1: [90]pdf - [91]word - [92]txt 06/04/2007 WTB Orders (DA 07-2295) Michael E. Carosella, QUALCOMM Incorporated, Re: WPZA237, Tampa-Orlando, FL, ULS File No. 0002951224 Granted Qualcomm's Application, with conditions DA-07-2295A1: [93]pdf - [94]word - [95]txt 06/04/2007 WTB Orders (DA 07-2296) Michael E. Carosella, QUALCOMM Incorporated,
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2008&m=3&t=Order
  • Telephones Denied the Petitions filed by Alaska DigiTel, LLC, Edge Wireless Licenses, LLC, and NE Colorado Cell... DA-08-589A1: [55]pdf - [56]word - [57]txt 03/20/2008 WTB Orders (DA 08-611) Erratum - Aristotle Inc. Request for Waiver Issued an erratum to DA 08-96 DOC-280925A1: [58]pdf - [59]word - [60]txt 03/20/2008 WTB Orders (DA 08-612) Aristotle Inc. - Request for Waiver of Section 1.2105(a) of the Commission's Rules Redacted Version Released January 23, 2008, as DA-08-96 DA-08-612A1: [61]pdf - [62]word - [63]txt 03/20/2008 WTB Orders (DA 08-613) ERRATUM - COLI, INC. REQUEST FOR WAIVER Issued an erratum to DA 08-97 DOC-280927A1: [64]pdf - [65]word - [66]txt 03/20/2008 WTB Orders (DA 08-614) COLI, Inc. - Request for Waiver of Section 1.2105(a) of the Commission's Rules
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2010&m=2&t=Order
  • DA-10-316A1: [54]pdf - [55]word - [56]txt 02/25/2010 WTB Orders (DA 10-318) FM Radio Service, LLC, Renewal Application and Waiver Request station WNXG464 Denied the Petition for Reconsideration. Dismissed the Informal Request DA-10-318A1_Rcd: [57]pdf DA-10-318A1: [58]pdf - [59]word - [60]txt 02/24/2010 WTB Orders (DA 10-288) Procedural Amendments to Commission Part 1 Competitive Bidding Rules Order And Errata making corrections to section 1.2105 DA-10-288A1_Rcd: [61]pdf DA-10-288A1: [62]pdf - [63]word - [64]txt 02/23/2010 WTB Orders (DA 10-291) RECONROBOTICS, INC Granted the Request for Waiver with conditions DA-10-291A1_Rcd: [65]pdf DA-10-291A1: [66]pdf - [67]word - [68]txt 02/18/2010 WTB Orders (DA 10-267) Ted W. Austin, Jr., Request for Waiver of Down Payment Deadline for Auction 62 Denied the Request for Waiver filed by Ted W. Austin, Jr.,
• 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
  • 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. � 1.2104(g) (general competitive bidding rules), and 47 C.F.R. � 24.704 (bid withdrawal rule applicable to broadband PCS auctions). 47 C.F.R. � 1.2105(c). See generally 47 C.F.R. � 1.2110. Special provisions also have been adopted to aid "designated entities" in connection with spectrum auctions for particular services. See, e.g., 47 C.F.R. � 24.309 (narrowband PCS); 47 C.F.R. � 24.709 (broadband PCS); 47 C.F.R. � 90.810 et seq. (900 MHz SMR). See Amendment of Part 1 of the Commission's Rules, Order, Memorandum Opinion and
• http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2000/fcc00395.doc http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2000/fcc00395.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2000/fcc00395.txt
  • procedures for the implementation of this paragraph, which procedures shall include a process for resolving any differences that arise regarding estimates of relocation or modification costs under this paragraph. NDAA-99, � 1064(c)(3) (codified at 47 U.S.C. � 923(g)(1)(E)). See NTIA Organization Act, Section 113 (g) (1) (A). See NTIA Organization Act, Section 113 (g) (1) (B). See 47 C.F.R. � 1.2105(a). See 47 CFR �1.1204(z)(5) of the Commission's rules on shared jurisdiction. NTIA and the FCC share jurisdiction over spectrum. See 47 USC, �� 301-303, 305, and 902. NTIA chairs the Interdepartment Radio Advisory Committee (IRAC) which is an interagency committee of Federal radio frequency managers that advises the executive branch on the Federal Government's use of the spectrum. Classified Government
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • of audits. 2. As we have previously emphasized, the Commission is committed to creating a customer-friendly environment that uses the most current filing and processing technologies and promotes more efficient and speedy Federal Communications Commission FCC 98-281 2 See Electronic Filing of Documents in Rulemaking Proceedings, Report and Order, 13 FCC Rcd 11322 (1998). 3 See, e.g., 47 C.F.R. �� 1.2105(a); 1.2107(c) (as of January 1, 1999, requiring all applicants to file short-form applications to participate in an auction electronically and requiring all auction winners to file long-form applications electronically). Since October 1997, renewal applications for wireless radio services authorizations (FCC Form 900) have been required to be submitted electronically as well. See Biennial Regulatory Review -- Amendment of Parts 0,
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98324.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98324.txt http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98324.wp
  • efficient and speedy Commission operations. To that end, the Commission has significantly expanded the use of electronic filing in many areas, including allowing parties to file comments electronically in notice and comment Federal Communications Commission FCC 98-324 2 See Electronic Filing of Documents in Rulemaking Proceedings, Report and Order, 13 FCC Rcd 11322 (1998). 3 See, e.g., 47 C.F.R. �� 1.2105(a); 1.2107(c) (as of January 1, 1999, requiring all applicants to file short-form applications to participate in an auction electronically and requiring all auction winners to file long-form applications electronically); Biennial Regulatory Review -- Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, 97 and 101 of the Commission's Rules to Facilitate the Development and Use
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.txt
  • FCC will specify by Public Notice, pursuant to Sec. 73.5002, a period for filing applications for a new non-reserved television, low power TV and TV translator stations or for major modifications in the facilities of such authorized stations and major modifications in the facilities of Class A TV stations. (2) Such applicants shall be subject to the provisions of Secs. 1.2105 and competitive bidding procedures. See 47 CFR 73.5000 et seq. (f) Applications for minor modification of Class A TV, low power TV, TV translator and TV booster stations may be filed at any time, unless restricted by the FCC, and will be processed on a ``first-come/first-served'' basis, with the first acceptable application cutting off the filing rights of subsequent, competing
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/LPTV_Notices/da001383.doc
  • the electronic filing of the FCC Form 175 application is included as Attachment E to this Public Notice. Technical support is available at (202) 414-1250 (voice) or (202) 414-1255 (text telephone (TTY)); the hours of service are 7 a.m. - 10 p.m. EST, Monday - Friday. (2) Completion of the FCC Form 175 Applicants should carefully review 47 C.F.R. Sections 1.2105 and 73.5002 and must complete all items on the FCC Form 175. Detailed instructions for completing the FCC Form 175 are in Attachment C of this Public Notice. The FCC Form 175 is not submitted to the FCC until an applicant receives confirmation from the filing system that the form has been received by the Commission. Prohibition of Collusion To
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/d992585a.doc http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/d992585a.txt
  • the electronic filing of the FCC Form 175 application is included as Attachment D to this Public Notice. Technical support is available at (202) 414-1250 (voice) or (202) 414-1255 (text telephone (TTY)); the hours of service are 8 a.m. - 6 p.m. EST, Monday - Friday. (2) Completion of the FCC Form 175 Applicants should carefully review 47 C.F.R. Sections 1.2105 and 73.5002 and must complete all items on the FCC Form 175. Detailed instructions for completing the FCC Form 175 are in Attachment B of this Public Notice. Form 175 is not submitted to the FCC until an applicant receives confirmation from the filing system that the form has been received by the Commission. Prohibition of Collusion To insure the
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/d992585b.doc http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/d992585b.txt
  • the FCC Form 175. Applicants must provide a street address; no P.O. Box addresses may be used. Completeness: Applicants must submit all information required by the FCC Form 175 and by applicable rules. Failure to submit required information by the resubmission date will result in dismissal of the application and inability to participate in the auction. See 47 C.F.R. � 1.2105(b). NOTE: Applicants must press the ``Submit Form 175'' button on the ``Submit'' page to successfully submit their FCC Form 175. Continuing Accuracy: Each applicant is responsible for the continuing accuracy and completeness of information furnished in the FCC Form 175 and its exhibits. See 47 C.F.R. � 1.65. Applicants are reminded that they consent to be audited in the certification
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/d992585c.doc http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/d992585c.txt
  • unjust enrichment provisions apply to a winning bidder that utilizes a bidding credit and subsequently seeks to assign or transfer control its license or construction permit to an entity not qualifying for the same level of bidding credit. OWNERSHIP DISCLOSURE REQUIREMENTS All applicants must comply with the uniform Part 1 ownership disclosure standards and provide information set forth in Sections 1.2105 and 1.2112 of the Commission's rules. Specifically, in completing Form 175, applicants will be required to file in Exhibit A, a full and complete statement of the ownership of the bidding entity. The ownership disclosure standards for the short form are set forth in Section 1.2112 of the Commission's rules. Bidders should note that, under Section 1.2112 (a)(4), the short
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da992824.doc
  • the electronic filing of the FCC Form 175 application is included as Attachment D to this Public Notice. Technical support is available at (202) 414-1250 (voice) or (202) 414-1255 (text telephone (TTY)); the hours of service are 8 a.m. - 6 p.m. EST, Monday - Friday. (2) Completion of the FCC Form 175 Applicants should carefully review 47 C.F.R. Sections 1.2105 and 73.5002 and must complete all items on the FCC Form 175. Detailed instructions for completing the FCC Form 175 are in Attachment B of this Public Notice. Form 175 is not submitted to the FCC until an applicant receives confirmation from the filing system that the form has been received by the Commission. Prohibition of Collusion To insure the
• 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
  • lower minimum bid increments in the course of the auction. Finally, we conclude that where a tie bid 365 occurs, the high bidder will be determined by the order in which the bids were received by the Commission. Federal Communications Commission FCC 97-50 DigiVox Comments at 6. 366 See Subpart E of new Part 27. 367 See 47 C.F.R. � 1.2105(a). 368 85 3. Procedural and Payment Issues 171. In the NPRM, we tentatively concluded that, with certain proposed modifications, Subpart Q of Part 1 of the Commission's Rules establishing procedural and payment rules for FCC auctions generally should apply to the WCS auction. Only one commenter addressed these issues. DigiVox contends that to effectively compete in the auctions, many parties
• http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.txt http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.wp
  • Commission. With the advent of ULS and electronic filing of long-form applications after the completion Federal Communications Commission FCC 98-25 See, e.g., 47 C.F.R. �� 24.11(a), 26.207, 27.304. 26 In order to be eligible to bid at auction, the short-form application (FCC Form 175) must be submitted by the 27 applicant, together with an appropriate filing fee. 47 C.F.R. � 1.2105(a). In general, antenna structure owners are required to file FCC Form 854, "Application for Antenna Structure 28 Registration," with the Commission and notify the Federal Aviation Administration (FAA) prior to construction if a proposed structure will exceed 200 feet above ground or is to be located near a public use airport. See 47 C.F.R. Part 17 Subpart B for specific
• http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99384.doc
  • than 60 days after publication in the Federal Register Reply Comments Due: No later than 120 days after publication in the Federal Register By the Commission: I. INTRODUCTION . In this Further Notice of Proposed Rulemaking, we seek comment on our proposal to require auction applicants that make or receive a communication of bids or bidding strategies prohibited by Section 1.2105(c)(1) of the Commission's rules to report promptly such a communication to the Commission. As explained below, the proposed reporting requirement is intended to deter anticompetitive conduct during spectrum auctions. In this Notice, we also propose to amend Section 1.2105(c)(1) to reflect our clarification of the rule that it prohibits an auction applicant from discussing another applicant's bids or bidding strategies
• http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00063.doc
  • n. 8. See Part 1Third Report and Order, 13 FCC Rcd at 381-470 (paras 4-169). Part 1 Second Further Notice, 13 FCC Rcd at 471-481 (paras. 170-194). We note that Global Frontiers' suggestion with respect to avoidance of mutual exclusivity pursuant to 47 U.S.C. � 309(j)(6)(E) would require an exception to the Commission's general competitive bidding rules, 47 C.F.R. � 1.2105. See Global Frontiers Petition for Rulemaking at 13-17. See Sections 309(j)(3) and 309(j)(4) of the Communications Act, 47 U.S.C. �� 309(j)(3), 309(j)(4). See 47 U.S.C. � 309(j)(3)(B). Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Memorandum Opinion and Order, 9 FCC Rcd 7245, 7269 (para. 145) (1994) (Competitive Bidding Second Memorandum Opinion
• 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
  • and substantially consistent with the auctions that have been employed in other wireless services. We also propose to use our Part 24 rules applicable to the C block to the extent that such rules do not conflict with our Part 1 rules or rules specifically adopted Federal Communications Commission FCC 97-342 170 47 C.F.R. � 1.2104. 171 47 C.F.R. � 1.2105. 172 47 C.F.R. �� 1.2106, 1.2107. 173 47 C.F.R. � 1.2108. 174 47 C.F.R. � 1.2109. 175 47 C.F.R. � 1.2104(d). 176 Balanced Budget Act of 1997, P.L. 105-33, 111 Stat. 251 (1997) (to be codified at 47 U.S.C. � 309(j)(4)(F)) ("Balanced Budget Act"). 42 or proposed in this Second Report and Order and Notice of Proposed Rule Making for
• http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98015.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98015.txt http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98015.wp
  • asserts that winning incumbents could subsequently partition and sell, even at a substantial loss, to entities that do not present a risk of direct competition with the incumbents' services.57 We find this scenario to be purely speculative and unlikely. The Commission addressed such activities in the Second Report and Order when it adopted the anti-collusion rules set forth in Sections 1.2105 and 1.2107 of our rules to apply to LMDS auctions.58 The rules prevent all parties participating in the auction from agreeing in advance to bidding strategies that divide the market according to their interests and that disadvantage other bidders, by prohibiting various discussions apart from bidding consortia or other approved arrangements. In addition, we note that the attribution rules include
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99385.doc
  • December 7, 1999 Released: December 13, 1999 By the Commission: I. INTRODUCTION 1. The Commission has before it for consideration: (a) a Notice of Apparent Liability for Forfeiture, 13 FCC Rcd 8305 (1998) ("NAL"), in which the Commission found Western PCS BTA I Corporation ("Western") apparently liable for a forfeiture in the amount of $1,200,000 for having apparently violated Sections 1.2105(c) and 1.65 of the Commission's Rules; (b) a Response to the NAL filed by Western on April 15, 1998; (c) an Erratum and Supplement to the Response to the NAL filed by Western on April 17, 1998; and (d) a Supplement to Response to NAL filed by Western on September 11, 1998. For the reasons explained herein, we conclude that
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000156.doc
  • forth in Section 0.459 of the Commission's rules. Your statements that disclosure of the financial information in Exhibit E may result in substantial competitive harm are conclusory, and do not justify withholding from inspection materials that bear upon the applicants qualifications to participate in Auction No. 26 as a "very small business." See 47 C.F.R. Sections 90.1017, 90.1021, 90.1023, and 1.2105. Therefore, your request for confidentiality IS HEREBY DENIED. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau |�
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000274.doc
  • Pass Word is seeking permission to amend its short-form application (FCC Form 175) for participation in Auction No. 26 to add 931 MHz license frequency blocks AA and AC through BK within the four market service areas specified in its application (MEA041, Spokane-Billings; MEA042, Salt Lake City; MEA045, Portland; and MEA046, Seattle). Specifically, Pass Word requests a waiver of Section 1.2105 (b)(2) of the Commission's Rules to permit a change to the license service areas identified on its short-form application. According to Pass Word, it intended to select all the 931 MHz license blocks for the four market service areas in which it actually selected only one license block. Absent a waiver, Pass Word would be ineligible to bid on all
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000436.doc
  • cert. denied, 409 U.S. 1027 (1972). See "Supplemental Closed Broadcast Auction; Auction No. 28, Notice and Filing Requirements for Auction of AM, FM, TV, LPTV, and FM and TV Translator Construction Permits Scheduled for March 21, 2000; Minimum Opening Bids and Other Procedural Issues," Public Notice, DA 99-2958 (rel. December 23, 1999) ("Auction No. 28 Public Notice"). 47 C.F.R. � 1.2105. Auction No. 28 Public Notice at 17. Id. at p. 16 and Attachment D, p. 1. See 47 C.F.R. � 1.2105. See also Implementation of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Services Licensees, MM Docket No. 97-234, First Report and Order, 13 FCC Rcd 15920 (1998), recon denied, Memorandum Opinion
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000458.doc
  • Newbury Park, CA 91320 Dear Mr. Buxbaum: This letter confirms your telephone conversation of February 23, 2000, with Brett Tarnutzer and responds to the ``Auction No. 26, Request for waiver by Network Services, LLC'' filed on February 18, 2000. Network Services, LLC. (``Network'') requests permission to amend its short-form application (FCC Form 175). Specifically, Network requests that we waive Section 1.2105 (b)(2) of the Commission's Rules to permit it to add license areas (MEA040-AW, MEA043-AW and MEA044-AW) to those already selected on its short-form application. In order to obtain a waiver of the Commission's competitive bidding rules, Network must show: (i) that the underlying purpose of the rule would not be served, or would be frustrated, by its application in this
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000474.doc
  • because it found that Mercury had used trailing numbers when bidding in those nine markets and further investigation was necessary to determine if the grant of the nine licenses would be in the public interest. On October 28, 1997, the Commission released a Notice of Apparent Liability for Forfeiture against Mercury for $650,000, finding that Mercury had apparently violated section 1.2105(c) by "placing trailing numbers at the end of its bids that disclosed its bidding strategy in a reflexive manner that specifically invited collusive behavior." On November 5, 1997, the Bureau granted Mercury's nine remaining licenses. The Bureau found that Mercury's rule violation did not disqualify it from becoming a Commission licensee, and the grant of Mercury's licenses would serve the
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000626.doc
  • for participation in Auction No. 26, the 929 and 931 MHz Paging Auction. Specifically, Pass Word sought permission to add 931 MHz license frequency blocks AA and AC through BK within the four market service areas specified in its FCC Form 175 (MEA041, Spokane-Billings; MEA042, Salt Lake City; MEA045, Portland; and MEA046, Seattle). The Division granted this waiver of Section 1.2105 (b)(2) of the Commission's Rules to permit Pass Word to change the license service areas identified on its FCC Form 175 for good cause shown. For the reasons set forth below, Cook's Petition is denied. Cook's Petition first argues that Pass Word's Request should have been dismissed solely because it is procedurally defective. In support of this argument, Cook states
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000683.doc
  • your clients: Townes Telecommunications, Incorporated; North Dakota Network Company; and PVT Networks, Incorporated (collectively as ``Applicants''). Applicants are seeking permission to amend their FCC Form 175 (``short-form application'') for participation in Auction No. 30 to add 39 GHz license frequency blocks A through N within the market service areas specified in their applications. Specifically, Applicants request a waiver of Section 1.2105 (b)(2) of the Commission's rules to permit a change to frequencies within the market service areas identified on their short-form applications. According to Applicants, they intended to select all the 39 GHz license blocks for the market service areas in which they actually selected only one license block. Absent a waiver, Applicants would be ineligible to bid on all 39
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000699.doc
  • you filed on March 27, 2000 on behalf of your client, Landmark Site Development, LLC (``Applicant''). Applicant is seeking permission to amend its FCC Form 175 (``short-form application'') for participation in Auction No. 30 to add 39 GHz license frequency blocks B through N within the market service areas specified in its application. Specifically, Applicant requests a waiver of Section 1.2105 (b)(2) of the Commission's rules to permit a change to frequencies within the market service areas identified in its short-form application. According to Applicant, it intended to select all the 39 GHz license blocks for the market service areas in which it actually selected only one license block. Absent a waiver, Applicant would be ineligible to bid on all 39
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000817.doc
  • Section 0.331 of the Commission's rules. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Wireless Telecommunications Bureau See Letter to Margaret Wiener, Chief, Legal Branch, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, from Messrs. Thomas Gutierrez and Todd Slamowitz, Counsel for Bell Mountain Communications, Inc., Re: Waiver of Upfront Payment Deadline (April 5, 2000) (``Request''). 47 C.F.R. � 1.2105(b)(2). 47 C.F.R. � 1.925. See ``Auction of Licenses for Fixed Point-to-Point Microwave Service in the 38.6 to 40.0 GHz (39 GHz) Band; Auction Notice and Filing Requirements for 2,450 Licenses in the 39 GHz Band Scheduled for April 12, 2000: Minimum Opening Bids and Other Procedural Issues,'' Public Notice, DA 00-112 (rel. January 21, 2000) (``Auction No. 30 Public Notice'').
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000818.doc
  • College, PA 16801-3963 Dear Mr. Beyerle: This letter responds to the Letter you filed on April 6, 2000, seeking permission to amend your FCC Form 175 (``short-form application'') for participation in Auction No. 30 to add 39 GHz license frequency blocks B through N within the market service areas specified in your application. Specifically, you request a waiver of Section 1.2105 (b)(2) of the Commission's rules to permit a change to frequencies within the market service areas identified in your short-form application. You contend that you intended to select all the 39 GHz license blocks for the market service areas in which you actually selected only one license block. For the reasons discussed below, we deny your Request. To obtain a
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000892.doc
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 00-892 May 8, 2000 Mr. David E. Beyerle 331 S. Gill Street State College, PA 16801-3963 Dear Mr. Beyerle: This will respond to your April 14, 2000 letter seeking permission to amend your FCC Form 175 (``short-form application'') to participate in Auction No. 30. Specifically, you request a waiver of Section 1.2105(b)(2) of the Commission's rules to permit you to amend your short-form application to add 39 GHz license frequency blocks B through N within the market service areas identified in your application. You initially requested such a waiver by letter dated April 6, 2000. On April 11, 2000, the Auctions and Industry Analysis Division (``Division'') denied your request. Upon consideration of
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001537.doc
  • Status Public Notice''). Id. at 14114-15. See Letters from Dean R. Brenner, Attorney for Ramona Lee Hayes-Bell, to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, re: Petition for Reconsideration or Waiver; Application of Ramona Lee Hayes-Bell for a New FM Radio Station at Pahrump, NV (September 23, 24 and 27, 1999). See also 47 C.F.R � 1.2105(a). See Pahrump, Nevada Closed Broadcast Auction to be Held on October 6, 1999 - 3 Qualified Bidders, Public Notice, DA 99-2062 at 1 n.3 (rel. October 1, 1999) (``October 1, 1999 Public Notice''). Consequently, the Bell application was reinstated and the Pahrump, Nevada market was removed from Auction No. 25 to allow time to reconstitute the pool of applicants to
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.txt
  • a geographic area licensing scheme for licenses in these bands that we believe is appropriate in light of the services that may be provided consistent with our rules. There is nothing in the Commission's rules that would prevent any parties from participating as part of a consortium of service providers, so long as the consortium observes the Commission's rules. Section 1.2105(a) of the Commission's rules requires that applicants that have entered into consortia identify all consortium members and any agreements relating to the post-auction market structure, and consortia must comply with the anti-collusion provisions of Section 1.2105(c). Consortia may also qualify for bidding credits under our small business provisions. We also find that our partitioning and disaggregation rules offer licensees sufficient
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00189.doc
  • 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 @& � R � 0 � 0
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00190.doc
  • Division, Wireless Telecommunications Bureau (filed June 29, 1998). For consistency, we will refer to Mercury throughout this Memorandum Opinion and Order. Letter from Christopher J. Wright, General Counsel, to Eliot J. Greenwald, counsel for High Plains, 13 FCC Rcd. 7132 (April 6, 1998) (OGC Letter Decision on Reconsideration). Emergency Motion for Disqualification (filed Nov. 26, 1996). See 47 C.F.R. � 1.2105(c) (subject to certain exceptions not relevant here, applicants are prohibited from cooperating, collaborating, discussing, or disclosing the substance of their bids or bidding strategies with other applicants after the filing of short-form applications and before the submission of down payments). Emergency Motion for Disqualification at 2-3. Id. at 3. Id. Opposition to Emergency Motion for Disqualification at 5-8 (filed Dec.
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00209.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00209.txt
  • �24.232. 47 C.F.R. � 1.925. This does not preclude bidders from entering into discussions with tribal authorities prior to the commencement of the auction. Such discussions are also permissible during the auction unless the parties are eligible to bid against one another and have not disclosed a pre-auction agreement in accordance with the auction anti-collusion rules. See 47 C.F.R. � 1.2105(c). The following examples demonstrate how the tribal land bidding credits are calculated and applied. In both instances, assume the gross high bid at the auction was $3 million and that the applicant was granted a 25% tribal land bidding credit. Example 1: Applicant is not entitled to a small business bidding credit. The down payment due after the close of
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00224.doc
  • Paxson states that its amenability to relocation is contingent on: (1) having an ``acceptable'' DTV must carry rule in place; (2) having an established FCC policy for moving DTV allocations from the 700 MHz band; and (3) receiving ``reasonable compensation'' from auction bidders for terminating analog operations. Paxson Communications ex parte filing, May 3, 2000. But see 47 C.F.R. � 1.2105(c) (anti-collusion rule). 47 C.F.R. �� 73.3580(d), 73.3572(a). Because analog and DTV broadcasting authority is conjoined in a single, unitary license, discontinuance of the analog over-the-air signal is a modification of license rather than a complete discontinuance of service. See 47 U.S.C. � 316. For example, we can envision voluntary agreements that would result in a particular incumbent station in the
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00272.doc
  • Comments at 7-8; SBA Comments at 2-3; NTCA Reply Comments at 2-3. NTCA Reply Comments at 3. 47 U.S.C. �� 309(j)(3)(B), 309(j)(4)(C); see PCIA Comments at 7. See Wireless Telecommunications Bureau Grants Consent to Assign C and F Block Broadband PCS and SMR Licenses (Application File Nos. 0000016887, 0000016892), Public Notice, DA 00-213 (rel. Feb. 8, 2000). 47 C.F.R. � 1.2105. See, e.g., Geographic Partitioning and Spectrum Disaggregation by Commercial Mobile Radio Services Licensees and Implementation of Section 257 of the Communications Act - Elimination's of Market Barriers, WT Docket No.96-148, Report and Order and Further Notice of Proposed Rulemaking, 11 FCC Rcd 21831, 21843-44 �� 13-17 (1996) (Partitioning and Disaggregation Report and Order). NPRM, 14 FCC Rcd at 19273 �
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00274.doc
  • petitions for reconsideration and comments filed in response to the Part 1 Third Report and Order. The Fifth Report and Order addresses comments filed in response to the Second Notice, and the Fourth Notice adopted herein seeks comment on additional proposals relating to the general competitive bidding rules. EXECUTIVE SUMMARY 3. In this Order on Reconsideration we: ( Amend Section 1.2105(c)(1) of our rules to clarify that the prohibition on collusion begins on the filing deadline for short-form applications and ends on the down payment deadline. ( Clarify and correct the ownership disclosure requirements contained in Section 1.2112 of our rules. In particular, with respect to entities not seeking designated entity status, we eliminate the requirement to include debt and instruments
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc99415.doc
  • Report and Order. Additionally, any waiver requests listed in Appendix F of this Report and Order, filed in conjunction with applications for the 928/952/956 MHz bands between July 1, 1999 and the release date of this Report and Order, are dismissed as moot, and any associated applications are dismissed without prejudice. See supra at note 12. See 47 C.F.R. �� 1.2105 (``Bidding application and certification procedures; prohibition of collusion''), 1.2107 (``Submission of down payment and filing of long-form applications''), 1.2109 (``License grant, denial, default, and disqualification''). See, e.g., Maritime Third Report and Order, 13 FCC Rcd at 19889; 800 MHz Second Report and Order, 12 FCC Rcd at 19096; Amendment of the Commission's Rules Regarding the 37.0 - 38.6 GHz and
• http://www.fcc.gov/Bureaus/Wireless/Orders/2001/fcc01025.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2001/fcc01025.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/2001/fcc01025.txt
  • secondary auction. Finally, we remind parties that where a secondary auction leads to private band clearing agreements, the Commission must approve any regulatory requests necessary to the effectuation of such agreements. Collusion Issues Background. Applicants to participate in Commission spectrum auctions and their affiliates are prohibited from engaging in collusive conduct. The Commission's anti-collusion requirements may be found in Section 1.2105(c) and are intended to deter anticompetitive conduct during auctions of spectrum licenses and to ensure the competitiveness of post-auction markets. We have also made clear that, where evidence exists that violations of federal antitrust laws or the Commission's anti-collusion rules may have occurred, the Commission may investigate and/or refer such allegations to the United States Department of Justice for investigation.
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1997/da970886.html
  • prohibition begins when short-form applications to participate in the auction are filed; it ends when the winning bidders submit their down payments. Because the upfront payments of all winning bidders are sufficient to cover their required down payments and withdrawn bid payments, we will consider the anti-collusion prohibition to be lifted upon release of this public notice. See 47 C.F.R 1.2105(c). For further information, contact: News Media: Audrey Spivack at 202-418-0654 Auctions Technical Support Hotline: 202-414-1250 Office of the Managing Director (down payment and refund questions): Regina Dorsey or Linwood Jenkins at 202-418-1995 Wireless Telecommunications Bureau, Auctions: Josh Roland or Matthew Moses at 202-418-0660 Wireless Telecommunications Bureau, Commercial Wireless (FCC Form 600 questions): Tania Hanna, Zenji Nakazawa or Kelly Quinn at
• 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
  • Christina Clearwater either sent to the same address or faxed to 202-418-2082. As described in the Commission's rules, applicants may make only minor corrections to their FCC Form 175 applications; major modifications (e.g., changing the markets applied for, changing control of the applicant, changing the certifying official or signing a manual application) will not be accepted. See 47 C.F.R. � 1.2105(b). 6 Mock Auction. The FCC will conduct a mock auction on Friday, February 13, 1998, to allow bidders to familiarize themselves with the electronic bidding software and the new bidding procedures. Telephonic bidding will also be available during the mock auction. Participants wishing to place telephonic bids should use the telephone number supplied in the registration materials for the auction.
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da980572.pdf
  • ensure the integrity of its auctions, the Commission's anti- collusion rules generally prohibit bidders for the same Basic Trading Areas (BTAs) from discussing bids or bidding strategies during the course of the auction. The prohibition begins when short-form applications to participate in the auction are filed; it ends when the winning bidders submit their down payments. See 47 C.F.R � 1.2105(c). Post-Auction forum. To continually enhance the Commission's auctions process, the Wireless Telecommunications Bureau will sponsor a post-auction forum for bidders who participated in the recently completed LMDS auction. The purpose of this forum is to receive feedback from bidders on the auctions process and their experience. In addition, bidders are encouraged to use this forum to present specific recommendations for
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da981687.pdf
  • l Application Procedures ($9 24.803 - 24.844): B-l l Requirement to retain list of station locations (5 24.815) should be eliminated. PCS providers must maintain a station location list in order to ensure seamless wireless operatrons. Additional Commission regulations are unnecessary. l Amendment procedures for the Form 175 (9 24.822) should be eliminated. This is duplicative of provisions of 5 1.2105(b) of the Commission's rules concerning amendment of auction applications. Part 90 SMR. 220 MHz and Paging Regulationsd/s l Application Procedures ($8 90.111 - 90.159): l Requirements for supplemental information to be filed with applications (5 90.129) should be streamlined. A number of extraneous supplemental exhibits that are currently required are largely unnecessary (such as a detailed system diagram, statement of
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da982143.pdf
  • an applicant bidding for an EA within that EAG. Applicants that apply to bid for "all markets" or a nationwide license would be precluded from communicating with all other applicants. An exception is where applicants enter into a bidding agreement before filing their short-form applications, and disclose the existence of the agreement in their short-form applications. See 47 C.F.R � 1.2105(c). Post-Auction Forum. The Wireless Telecommunications Bureau will sponsor a joint post-auction forum for bidders that participated in the Phase II 220 MHz Service auction, as well as bidders in the upcoming VHF Public Coast Service and Location and Monitoring Service auctions. This forum, which will be announced by a subsequent public notice, will be held after the completion of the
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da990375.pdf
  • Rcd 341 (1998); In re Application of Nevada Wireless for a License to Provide 800 MHz Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd 11973, 11977, � 11 (1998) ("Nevada Wireless"). See Nevada Wireless, 13 FCC Rcd at 11978, � 13 (1998). 14 See 47 C.F.R. � 1.2105(c). 15 See 47 C.F.R. � 1.65. 16 6 Prohibition of Collusion: To ensure the competitiveness of the auction process, Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements. For the C, D, E, and F block auction, this prohibition became effective
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da990482.pdf
  • St., SW Washington, DC 20554 with a courtesy copy to Audrey Bashkin at the same address. As described in the Commission's Rules, applicants may make only minor corrections to their FCC Form 175 applications; major modifications (e.g., changing the markets applied for, changing control of the applicant or changing the certifying official) will not be accepted. See 47 C.F.R. � 1.2105(b). Due Diligence. Bidders are reminded that they should continue to conduct due diligence examinations regarding incumbents and other legal developments with respect to the licenses for which they bid during the course of the auction. Potential bidders should also be aware 8 that the Commission recently received the following filing: Mountain Solutions Ltd., Inc., Petition for Stay (filed March 3,
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da990904.pdf
  • reviewed, and payments and applications have been correlated. The Public Notice will also include, among other things, the bidding schedule for the first two days of the auction. Reserve Price or Minimum Opening Bid: The Wireless Telecommunications Bureau has established minimum opening bid requirements for Auction No. 24.5 Prohibition of Collusion: To ensure the competitiveness of the auction process, Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements. For Auction No. 24, this prohibition became effective at the filing deadline of short-form applications on Monday, May 10, 1999, and will end on the post-auction down payment due date to be announced in
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da991591.pdf
  • precluded from communicating with all other applicants after filing the FCC Form 175. However, applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement(s) in their Form 175 short-form applications.18 By signing their FCC Form 175 short form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application.19 Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da991800.pdf
  • payments can be found in the Public Notice announcing notice and filing requirements for Auction No. 25, DA 99-1346, released July 9, 1999, as supplemented by Erratum, released August 2, 1999. OTHER IMPORTANT INFORMATION Clarification Regarding Bidding Arrangements : Some applicants have requested clarification on whether parties to joint bidding agreements or other arrangements should separately submit upfront payments. Section 1.2105(a) of the Commission's Rules states that "in order to be eligible to bid, an applicant must timely submit a short-form application, together with any appropriate upfront payment..." 4 Thus, applicants that are parties to these arrangements and that wish to have the flexibility to bid in the auction individually must tender their own upfront payments. Qualified Bidders: A Public Notice
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da991912.pdf
  • Bob Allen at the same address and transmit this copy by facsimile transmission to (202) 418-0890. As described in the Commission's Rules, applicants may make only minor corrections to their FCC Form 175 applications; major modifications (e.g., changing the markets applied for, changing control of the applicant or changing the certifying official) will not be accepted. See 47 C.F.R. � 1.2105(b). Bidders are reminded that if ownership changes result in the diminishment or loss of a New Entrant Bidding Credit due to the attributable interests of new attributable interest holders, such information must be clearly stated in the bidder's amendment material and in the summary letter referenced above. In such cases, the Commission will make appropriate adjustments in the New Entrant
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992153.doc
  • Auction No. 25, this prohibition begins with the filing of short-form applications and ends on the down payment due date. The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). Applicants that entered into joint bidding arrangements are reminded that a full, post-auction disclosure is required of the terms, conditions and parties involved in any bidding consortia, joint venture, partnership or other agreement or arrangement it entered into prior to the completion of bidding. Additional Post-Auction Filing Requirements. Section 73.5005(a) of the Commission's rules requires that post auction filings include
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992154.doc
  • Auction No. 25, this prohibition begins with the filing of short-form applications and ends on the down payment due date. The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). Applicants that entered into joint bidding arrangements are reminded that a full, post-auction disclosure is required of the terms, conditions and parties involved in any bidding consortia, joint venture, partnership or other agreement or arrangement it entered into prior to the completion of bidding. Additional Post-Auction Filing Requirements. Section 73.5005(a) of the Commission's rules requires that post auction filings include
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992958.doc
  • has occurred nor will it preclude the initiation of an investigation when warranted. Applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement(s) in their FCC Form 175 short-form applications. By electronically submitting their FCC Form 175 short-form applications, applicants are certifying their compliance with Sections 1.2105(c) and 73.5002. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission, as promptly as possible and in any event within 30 days, of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000112.doc
  • precluded from communicating with all other applicants after filing the FCC Form 175. However, applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement(s) in their Form 175 short-form applications. By signing their FCC Form 175 short form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000173.doc
  • processed and reviewed, and payments and applications have been correlated. The same public notice will also include instructions on how to monitor the auction on-line, how to access the bid tracking tool software, a bidding schedule for the mock auction, and the bidding schedule for the first two days of the auction. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under section 1.2105(a)(2)(viii). If parties agreed in principle on all material terms, those parties must be identified on the
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000278.doc
  • 20554 with a courtesy copy to Rosemary Cabral at the same address. As described in the Commission's Rules, applicants may make only minor corrections to their FCC Form 175 applications; major modifications (e.g., changing the markets applied for, changing control of the applicant, changing the certifying official or signing a manual application) will not be accepted. See 47 C.F.R. � 1.2105(b). Due Diligence. Bidders are reminded that they should continue to conduct due diligence examinations regarding incumbents and other legal developments with respect to the licenses for which they bid during the course of the auction. Mock Auction. The FCC will conduct a mock auction on Tuesday, February 22, 2000, to allow qualified bidders to familiarize themselves with the electronic bidding
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000292.doc
  • FCC Form 175. However, applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement(s) in their Form 175 short-form applications. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application under Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas(s). By signing their FCC Form 175 short-form applications, applicants are certifying
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000405.doc
  • will be released approximately one week after upfront payments have been received and payments and applications have been correlated. The same public notice will also include instructions on how to monitor the auction on-line, a bidding schedule for the mock auction, and the bidding schedule for the first day of the auction. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same MX Group from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under section 1.2105(a)(2)(viii). If parties agreed in principle on all material terms, those parties must be identified on the short-form
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000504.doc
  • Requirements For Participation in the Upcoming PCS 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
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000508.doc
  • Auction No. 26, this prohibition begins with the filing of short-form applications and ends on the down payment due date. The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). * * * * * For further information, contact: News Media: Meribeth McCarrick at 202-418-0654 Technical Support Hotline: Technical Support Personnel at 202-414-1250 (V) or 202-414-1255 (text telephone (TTY)) Office of the Managing Director Gail Glasser or Michelle Bennett Auctions Accounting Group at 202-418-1995 (Payment, FCC Form 159 and refund questions) Wireless Telecommunications Bureau, Bettye Woodward at 202-418-1345, Commercial Wireless
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000527.doc
  • SW Washington, DC 20554 with a courtesy copy to Jose Ocho� at the same address. As described in the Commission's Rules, applicants may make only minor changes to their FCC Form 175 applications (e.g., mailing address, authorized bidders). Major modifications (e.g., changing the markets applied for, control of the applicant, certifying official) will not be accepted. See 47 C.F.R. � 1.2105(b). Due Diligence. Bidders are reminded that they should continue to conduct due diligence examinations regarding incumbents and other legal developments with respect to the permits for which they bid during the course of the auction. Mock Auction. The FCC will conduct a mock auction on Friday, March 17, 2000, to allow qualified bidders to familiarize themselves with the electronic bidding
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000594.doc
  • only. Auction Date To Be Determined: A Public Notice will be issued in the near future announcing the auction date and auction number for the Blanco, Texas station. Comment will be sought on a possible minimum opening bid and/or reserve price as well as on other auction procedural issues. OTHER IMPORTANT INFORMATION Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same Mutually Exclusive (MX) Group from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). If parties agreed in principle on all material terms, those parties must be identified on
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000615.doc
  • resubmitted FCC Form 175 applications have been processed and reviewed, and payments and applications have been correlated. The same public notice will also include instructions on how to access the bid tracking tool software, a bidding schedule for the Mock auction, and the bidding schedule for the first day of the auction. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). If parties agreed in principle on all material terms, those parties must be identified on the
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000690.doc
  • Auction No. 28, this prohibition begins with the filing of short-form applications and ends on the down payment due date. The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). Applicants that entered into joint bidding arrangements are reminded that a full, post-auction disclosure is required of the terms, conditions and parties involved in any bidding consortia, joint venture, partnership or other agreement or arrangement it entered into prior to the completion of bidding. Additional Post-Auction Filing Requirements. Section 73.5005(a) of the Commission's rules requires that post auction filings include
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000724.doc
  • 20554 with a courtesy copy to Kenneth Burnley at the same address. As described in the Commission's Rules, applicants may make only minor corrections to their FCC Form 175 applications (e.g., mailing address, authorized bidder). Major modifications (e.g., changing the markets applied for, changing control of the applicant, changing the certifying official) will not be accepted. See 47 C.F.R. � 1.2105(b). . Bidders are reminded that they should continue to conduct due diligence examinations regarding incumbents and other legal developments with respect to the licenses for which they bid during the course of the auction. Mock Auction. The FCC will conduct a mock auction on Friday, April 7, 2000, to allow qualified bidders to familiarize themselves with the electronic bidding software.
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000785.doc
  • WT Docket No. 99-168, FCC 00-5 (rel. January 7, 2000) 65 Fed. Reg. 3139 (January 20, 2000) at �� 137-141. See Service Rules for the 746-764 and 776-794 MHz Bands, and Revisions to Part 27 of the Commission's Rules, Second Report and Order, WT Docket No. 99-168, FCC 00-90 (rel. March 9, 2000) at � 105. See 47 C.F.R. � 1.2105 (c). See e.g., Wireless Telecommunications Bureau Provides Guidance on the Anti-Collusion Rule for D, E and F Block Bidders, Public Notice, DA 96-1460, (rel. August 28, 1996). $ d e f � � � � ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000863.doc
  • station Auction Date To Be Determined: A public notice will be issued in the near future announcing the auction date and auction number for the Blanco, Texas station. Comment will be sought on a possible minimum opening bid and/or reserve price as well as on other auction procedural issues. OTHER IMPORTANT INFORMATION Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same Mutually Exclusive (MX) Group from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). If parties agreed in principle on all material terms, those parties must be identified on
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000899.doc
  • FUTURE ELIGIBILITY Does being an ``Ineligible Entity'' affect my ability to participate in future auctions? No. For purposes of future auctions that do not involve the extension of credit by the government, entities determined to be ineligible (former licensees) will be deemed ``former defaulters'' and eligible to participate in future elections provided they can make the certification required under Section 1.2105(a)(2)(x) of the Commission's general competitive bidding rules. Do any of the election options available to ``Eligible Licensees'' affect my ability to participate in future auctions? No, they do not. VIII. MISCELLANEOUS Is there a difference between ``accrued and unpaid'' and ``unpaid'' interest under the Reamortization option? No. ``Accrued and unpaid'' interest and ``unpaid'' interest are the same. Both terms refer
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001035.doc
  • As explained more fully in the Public Notice announcing Auction No. 30, this prohibition began with the filing of short-form applications and ends on the down payment due date. The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. * * * * * For further information, contact: News Media: Meribeth McCarrick at 202-418-0654 Technical Support Hotline: Technical Support Personnel at 202-414-1250 (V) or 202-414-1255 (text telephone (TTY)) Office of the Managing Director Gail Glasser or Tim Dates Auctions Accounting Group at 202-418-1995 (Payment, FCC Form 159 and refund questions)
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001075.doc
  • the 700 MHz Bands, Auction Scheduled for May 10, 2000, Minimum Opening Bids and Other Procedural Issues, Public Notice, 15 FCC Rcd 2921 (rel. Feb. 18, 2000), 65 Fed. Reg. 12251 (Mar. 8, 2000) (``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
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001100.doc
  • filing the FCC Form 175 short-form application. However, applicants may enter into bidding agreements before filing their FCC Form 175, as long as they disclose the existence of the agreement(s) in their Form 175. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application under Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas. By signing their FCC Form 175 short form applications, applicants are
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001226.doc
  • Additionally, documents may be obtained for a fee by calling the Commission's copy contractor, International Transcription Service, Inc. (ITS), at (202) 314-3070. When ordering documents from ITS, please provide the appropriate FCC number (for example, FCC 98-194 for the Broadcast First Report and Order and FCC 99-74 for the Broadcast Reconsideration Order). Prohibition of Collusion Bidders are reminded that Section 1.2105(c) of the Commission's rules prohibits short-form applicants from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For further details regarding collusion, refer to the Auction Filing Window Public Notice, released December 17, 1999. For Auction No. 80,
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001388.doc
  • filing the FCC Form 175 short-form application. However, applicants may enter into bidding agreements before filing their FCC Form 175, as long as they disclose the existence of the agreement(s) in their Form 175. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application under Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas. By signing their FCC Form 175 short form applications, applicants are
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001486.doc
  • list the name(s) of the person(s) (no more than three) authorized to represent them at the auction. Only those individuals listed on the FCC Form 175 will be authorized to place or withdraw bids for the applicant during the auction. Note: Applicants may only share a common authorized bidder(s) if each applicant has selected separate markets. See 47 CFR � 1.2105(c). Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001593.doc
  • As explained more fully in the Public Notice announcing Auction No. 80, this prohibition began with the filing of short-form applications and ends on the down payment due date. The prohibition ends on the down payment due date whether or not the high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. * * * * * For further information, contact: News Media: Meribeth McCarrick at 202-418-0654 Technical Support Hotline: Technical Support Personnel at 202-414-1250 (V) or 202-414-1255 (text telephone (TTY)) Office of the Managing Director Gail Glasser or Tim Dates Auctions Accounting Group at 202-418-1995 (Payment, FCC Form 159 and refund questions)
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001788.doc
  • 2000 to August 16, 2000; Minimum Opening Bids and Other Procedural Issues,'' Public Notice, DA 00-1100 (released May 18, 2000) (``800 MHz Announcing Public Notice''). See 800 MHz Announcing Public Notice. For information on the minimum opening bid for each of the licenses offered in Auction No. 34, see Attachment A. See 47 C.F.R � 1.65. See 47 C.F.R. � 1.2105(b). See 800 MHz Announcing Public Notice at 9-10; see also ``Due Diligence Announcement for Upcoming 800 MHz Spectrum Auctions,'' Public Notice, DA 00-1449 (released June 29, 2000). See 47 C.F.R. � 1.2112(b). $ $ $ b o � � a b � � �� �� ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001800.doc
  • been correlated, a public notice listing all applicants qualified to bid in the auction will be released. The same public notice will also include instructions on how to access the auction tracking tool software, a bidding schedule for the Mock auction, and the bidding schedule for the first day of the auction. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 33, this prohibition became effective at the filing deadline of short-form applications on
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001948.doc
  • June 14, 2000; Minimum Opening Bids and Other Procedural Issues,'' Public Notice, DA 00-781 (released April 10, 2000) (``Auction No. 33 Procedures Public Notice''). See Auction No. 33 Procedures Public Notice. For information on the minimum opening bid for each of the licenses offered in Auction No. 33, see Attachment A. See 47 C.F.R � 1.65. See 47 C.F.R. � 1.2105(b). Id. See Auction No. 33 Procedures Public Notice at 9-10 See C.F.R. � 27.604. Id. See C.F.R. � 1.2104(g)(1). See C.F.R. � 1.2104(g)(2); see also � 1.2109(c). See 47 C.F.R. � 1.2112(b). $ $ $ � ' ... � � � �� �� ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002037.doc
  • As explained more fully in the Auction No. 34 Announcing Public Notice, this prohibition began with the filing of short-form applications and ends on the down payment due date. The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. * * * * * For further information, contact: News Media: Meribeth McCarrick at 202-418-0654 Technical Support Hotline: Technical Support Personnel at 202-414-1250 (V) or 202-414-1255 (text telephone (TTY)) Office of the Managing Director Gail Glasser or Tim Dates Auctions Accounting Group at 202-418-1995 (Payment, FCC Form 159 and refund questions)
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002038.doc
  • Notice, 13 FCC Rcd 24,540, 24,545 (1998). 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. 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,
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002154.doc
  • As explained more fully in the Auction No. 33 Procedures Public Notice, this prohibition began with the filing of short-form applications and ends on the down payment due date. The prohibition ends on the down payment due date whether or not a high bidder must supplement its upfront payment to cover its down payment. Applicants certified their compliance with Section 1.2105(c) when their FCC Form 175 short-form applications were signed. * * * * * For further information, contact News Media: Meribeth McCarrick at 202-418-0654 Technical Support Hotline: Technical Support Personnel at 202-414-1250 (V) or 202-414-1255 (text telephone (TTY)) Office of the Managing DirectorAuctions Accounting Group (Payment, FCC Form 159 and refund questions) Gail Glasser or Tim Dates at 202-418-1995 Wireless
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002259.doc
  • a license in the same BTA. However, applicants may enter into bidding agreements before filing their FCC Form 175, as long as they disclose the existence of the agreement(s) in their FCC Form 175. If parties agree in principle on all material terms prior to the short-form filing deadline, those parties must be identified on the short-form application under Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas. By signing their FCC Form 175 short-form applications, applicants are certifying
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002260.doc
  • been made, a public notice listing all applicants qualified to bid in the auction will be released. The same public notice will also include instructions on how to access the auction tracking tool software, a bidding schedule for the Mock auction, and the bidding schedule for the first day of the auction. Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 36, this prohibition became effective at the filing deadline of short-form applications on
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002368.doc
  • for 2,800 Licenses in the 800 MHz SMR Service Frequencies Lower 80 Channels; Auction Rescheduled from September 13, 2000 to November 1, 2000; Minimum Opening Bids and Other Procedural Issues,'' Public Notice, DA 00-1388 (released June 23, 2000) (``Auction No. 36 Announcing Public Notice''). See Auction No. 36 Announcing Public Notice, Attachment A. 47 C.F.R � 1.65. 47 C.F.R. � 1.2105(b). Id. See Auction No. 36 Announcing Public Notice at 11-12. 47 C.F.R. � 1.2112(b). 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 � � � � � � v� v� v� v� v� kd� kd% |� kd� $ $
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002614.pdf
  • circumstances could have a chilling effect on participation in Auction No. 35 and would therefore undermine our efforts to encourage more efficient use of the spectrum. We note that winning bidders of licenses subject to pending proceedings are still required to meet the normal payment and construction schedules established by the Commission.8 Prohibition of Collusion: Bidders are reminded that Section 1.2105(c) of the Commission's Rules prohibits applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 35, this prohibition became effective at the filing deadline of short-form applications on
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1997/dd971029.html
  • SII's Petition for Reconsideration requesting a waiver of the Interactive Video and Data Service second down payment deadline. Action by the Commission. Adopted: October 24, 1997. by MO&O. (FCC No. 97-390). WTB Internet URL: [15]http://www.fcc.gov/Bureaus/Wireless/Orders/1997/fcc97390.txt MERCURY PCS II, LLC. Found that Mercury PCS II, LLC is apparently liable for a foreiture in the amount of $650,000 for apparently violating Section 1.2105(c) by placing trailing numbers at the end of its bids in the Broadband PCS D, E, and F block auction which disclosed its bidding strategy in a reflexive manner that specifically invited collusive behavior. Action by the Commission. Adopted: October 21, 1997. by NAL for Forfeiture. (FCC No. 97-388). WTB Internet URL: [16]http://www.fcc.gov/Bureaus/Wireless/Notices/1997/fcc97388.txt [17][icon bar] References 1. http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/Tariffs/Non-Dominant/nd102897.pdf 2. http://www.fcc.gov/Bureaus/Cable/Public_Notices/1997/da972287.txt
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd980915.html
  • September 11, 1998. by MO&O. (DA No. 98-1852). CSB Internet URL: [25]http://www.fcc.gov/Bureaus/Cable/Orders/1998/da981852.wp MOBEX COMMUNICATIONS, INC. Denied Mobex's request to treat its short-form application to participate in the Phase II 220 MHz Service auction as if it were withdrawn prior to the August 17, 1998 short-form deadline so that Mobex would not be subject to the anti-collusion rule, 47 C.F.R. Section 1.2105(c). Action by Chief, Auctions and Industry Analysis Division. by Letter. (DA No. 98-1861). WTB Internet URL: [26]http://www.fcc.gov/Bureaus/Wireless/Orders/1998/da981861.wp VIACOM BROADCASTING OF SEATTLE, INC. Granted the Petition for Reconsideration filed by Viacom Broadcasting of Seattle, Inc. in connection with its pro forma applications to assign its private operational fixed service licenses from Viacom to Paramount Stations Group of New Orleans/Norfolk, Seattle, Inc.,
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd990414.html
  • Participation Order. Denied Telmex's Petition to Deny AT&T's and MCI WorldCom's Petition for Declaratory Ruling. Declaratory Ruling and Order. Action by Chief, Telecommunications Division, International Bureau. Adopted: April 13, 1999. (DA No. 99-702). IB ELITE, L.L.C. RE: PETITION FOR ACCEPTANCE OF LATE-FILED APPLICATION. Denied Elite's request for waiver of the short-form application submission deadline rules, 47 C.F.R. Sections 101.1104 and 1.2105. By Letter. Action by Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau. by Letter. (DA No. 99-692). WTB Internet URL: [14]http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da990692.wp TARGET L.L.C. RE: REQUEST OF WAIVER OF THE FILING DEADLINE FOR SUBMISSION OF ITS SHORT-FORM APPLICATION (FORM 175) FOR AUCTION 23. Denied Target's request for a waiver of the short-form application submission deadline. By Letter. Action by Chief,
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd991216.html
  • 14, 1999. by Order. (DA No. 99-2806). CCB Internet URL: [24]http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992806.doc ADDENDA: The following items, released December 13, 1999, did not appear in Digest No. 237: ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- AMENDMENT OF PART 1 OF RULES -- COMPETITIVE BIDDING PROCEDURES. Proposed to require auction applicants that mkae or receive a communication of bids or bidding strategies prohibited by Secion 1.2105(c)(1) of the FCC's rules to report promptly such a communication to the Commission. Comments due: no later than 60 days after publication in the Federal Register; replies due: no later than 120 days after publication in the Federal Register. Dkt No.: WT- 97-82. Action by the Commission. Adopted: December 7, 1999. by 3rd FNPRM. (FCC No. 99-384). WTB Internet URL:
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2001/dd011025.html
  • Bureau. Adopted: 10/23/2001 by MO&O. (DA No. 01-2475). CSB [23]DA-01-2475A1.doc [24]DA-01-2475A1.pdf [25]DA-01-2475A1.txt COMMUNICATIONS AND CONTROL, INC. (CCI). Dismissed CCI's lastest application for review. Action by: the Commission. Adopted: 10/19/2001 by MO&O. (FCC No. 01-312). WTB [26]FCC-01-312A1.doc [27]FCC-01-312A1.pdf [28]FCC-01-312A1.txt TROMPEX CORPORATION (TROMPEX). Set forth the disqualification and the default payment obligations and procedures for Trompex, resulting from its violation of sections 1.2105(b)(2) and (c)(2) of the FCC's rules during the FCC's 929 and 931 MHz Paging Auction, Auction No. 26. Action by: Commercial Wireless Division, Wireless Telecommunications Bureau. Adopted: 10/24/2001 by ORDER. (DA No. 01-2480). WTB [29]DA-01-2480A1.doc [30]DA-01-2480A1.pdf [31]DA-01-2480A1.txt ADDENDA: THE FOLLOWING ITEMS, RELEASED OCTOBER 24, 2001, DID NOT APPEAR IN DIGEST NO. 207: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Report No:
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2003/dd030828.html
  • Elder at (202) 418-2168, TTY: 1-800-835-5322; email: Alice.Elder @fcc.gov; or Carmen Scanlon at (202) 418-0544; email: Carmen.Scanlon@fcc.gov [26]DA-03-2749A1.doc [27]DA-03-2749A1.pdf [28]DA-03-2749A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- STAR WIRELESS, LLC FOR C BLOCK FACILITIES IN THE IN THE 710-716 AND 740-746 MHZ BANDS. Issued Notice of Apparent Liability for Forfeiture in the amount of $100,000 to Star Wireless, LLC for violating Section 1.2105(c) of the Commission's Rules during the auction with Northeast Communication of Wisconsin, Inc.. Action by: Chief, Enforcement Bureau. Adopted: 08/26/2003 by NALF. (DA No. 03-2722). EB [29]DA-03-2722A1.doc [30]DA-03-2722A1.pdf [31]DA-03-2722A2.pdf [32]DA-03-2722A3.pdf [33]DA-03-2722A1.txt [34]DA-03-2722A2.txt [35]DA-03-2722A3.txt NORTHEAST COMMUNICATIONS OF WISCONSIN, INC. (NORTHEAST) FOR C BLOCK FACILITIES IN THE 710-716 AND 740-746 MHZ BANDS. Issued Notice of Apparent Liability for Forfeiture in the amount
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2004/dd040923.html
  • IN AUCTION NO. 37, AUCTION OF FM BROADCAST CONSTRUCTION PERMITS. (DA No. 04-3043). WTB [44]DA-04-3043A1.doc [45]DA-04-3043A1.pdf [46]DA-04-3043A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- FM BROADCAST AUCTION NO. 37 - JOINT PETITION FOR RECONSIDERATION OR WAIVER OF THE RULES FOR REINSTATEMENT OF REJECTED APPLICATIONS RELATING TO FM AUCTION NO. 37 FILED BY AMERICAN FAMILY ASSOCIATION, ILLINOIS STATE UNIVERSITY, ET. AL. Waived Section 1.2105(b)(2) of the Commission's rules, to the limited extent noted. Action by: Chief, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau by LETTER. (DA No. 04-3037). WTB [47]DA-04-3037A1.doc [48]DA-04-3037A1.pdf [49]DA-04-3037A1.txt References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3047A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3047A1.txt 3. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-252345A1.pdf 4. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-252348A1.pdf 5. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3040A1.doc 6. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3040A1.pdf 7. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3040A1.txt 8. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-252402A1.pdf 9. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-252402A1.txt 10. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-252403A1.pdf 11. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-252403A1.txt 12. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-252380A1.doc 13. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-252380A1.pdf 14. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-252380A1.txt 15. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-252408A1.doc
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2004/dd041124.html
  • (DA No. 04-3661). WTB [87]DA-04-3661A1.doc [88]DA-04-3661A1.pdf [89]DA-04-3661A1.txt ADDENDA: THE FOLLOWING ITEMS, RELEASED NOVEMBER 23, 2004, DID NOT APPEAR IN DIGEST NO. 222: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: 11/23/2004. WIRELESS TELECOMMUNICATIONS BUREAU REMINDER OF ANTI-COLLUSION RULE OBLIGATIONS. (DA No. 04-3677). WTB. Contact: (202) 414-0660, email: auction58@fcc.gov [90]DA-04-3677A1.doc [91]DA-04-3677A1.pdf [92]DA-04-3677A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- RE: EXPEDITED CLARIFICATION OF SECTIONS 1.2105(A) AND 1.2106(A) OF THE COMMISSION'S RULES. The FCC responded to a request to clarify on an expedited basis the term "debt" or "non-tax debt as referenced in Sections 1.2105(a) and 1.2106(a) of the rules. Action by: Chief, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau by LETTER. (DA No. 04-3685). WTB [93]DA-04-3685A1.doc [94]DA-04-3685A1.pdf [95]DA-04-3685A1.txt * * * * * -----------------------------------------------------------------------
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2006/dd060502.html
  • No. 06-961). EB [33]DA-06-961A1.doc [34]DA-06-961A1.pdf [35]DA-06-961A1.txt FCC RELEASES TELEPHONE NUMBERING RESOURCE UTILIZATION REPORT. As of June 30, 2005, numbering resource utilization was at 43%, up from 42.2% six months earlier. Action by: Industry Analysis and Technology Division, Wireline Competition Bureau by REPORT. WCB [36]DOC-265170A1.pdf [37]DOC-265170A1.txt AIRCELL, INC. - APPLICATION TO PARTICIPATE IN AUCTION NO. 65/REPORT OF COMMUNICATION COVERED BY SECTION 1.2105(C) OF THE COMMISSION'S RULES. The Wireless Telecommunications Bureau responds to a report from AirCell, Inc. concerning a communication from another applicant in Auction No. 65. Action by: Deputy Chief, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau by LETTER. (DA No. 06-952). WTB [38]DA-06-952A1.doc [39]DA-06-952A1.pdf [40]DA-06-952A1.txt ADDENDA: THE FOLLOWING ITEMS, RELEASED MAY 1, 2006, DID NOT APPEAR IN DIGEST NO.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd070316.html
  • Collector of its Apparent Liability for Forfeiture in the amount of $7,000 for marketing uncertified AM radio transmitters. Action by: Chief, Spectrum Enforcement Division, Enforcement Bureau. Adopted: 03/13/2007 by NALF. (DA No. 07-1271). EB [55]DA-07-1271A1.doc [56]DA-07-1271A1.pdf [57]DA-07-1271A1.txt RADIO TRAINING NETWORK, INC. The Media and Wireless Telecommunications Bureaus jointly denied Radio Training Network, Inc. petition for reconsideration, and waiver of Section 1.2105(b)(2) of the Commission's rules. Action by: Chief, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau and Chief, Audio Division, Media Bureau by LETTER. (DA No. 07-1325). WTB [58]DA-07-1325A1.doc [59]DA-07-1325A1.pdf [60]DA-07-1325A1.txt References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271570A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271570A1.txt 3. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271569A1.pdf 4. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271569A1.txt 5. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271565A1.pdf 6. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271565A1.txt 7. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271556A1.doc 8. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271556A1.pdf 9. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271556A1.txt 10. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1319A1.doc 11. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1319A1.pdf 12. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1319A1.txt 13. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271539A2.txt 14. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271539A1.pdf 15.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd070605.html
  • waiver request as moot. Granted the waiver of the relevant inter-category sharing and application freezes to enable the County to implement the proposed system expansion. (Dkt No. 02-55). Action by: Associate Chief, Public Safety and Homeland Security Bureau. Adopted: 06/04/2007 by ORDER. (DA No. 07-2343). PSHSB [74]DA-07-2343A1.doc [75]DA-07-2343A1.pdf [76]DA-07-2343A1.txt AMTS CONSORTIUM LLC, REQUEST FOR DECLARATORY RULING CONCERNING IMPLEMENTATION OF SECTION 1.2105(B)(2)'S DEFINITION OF "MAJOR MODIFICATION" FOR AUCTION NO. 72. Response to the Request for Declaratory Ruling. Action by: Chief, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau by LETTER. (DA No. 07-2328). WTB [77]DA-07-2328A1.doc [78]DA-07-2328A1.pdf [79]DA-07-2328A1.txt ADDENDA: THE FOLLOWING ITEMS, RELEASED JUNE 4, 2007, DID NOT APPEAR IN DIGEST NO. 106: ----------------------------------------------------------------------- --- NEWS RELEASES ----------------------------------------------------------------------- --- STATEMENT OF FCC CHAIRMAN
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080321.html
  • MHZ, LLC REQUEST FOR WAIVER by ERRATUM. (DA No. 08-615). WTB [122]DOC-280929A1.doc [123]DOC-280929A1.pdf [124]DOC-280929A1.txt ERRATUM - FRONTLINE WIRELESS, INC. REQUEST FOR WAIVER by ERRATUM. (DA No. 08-619). WTB [125]DOC-280933A1.doc [126]DOC-280933A1.pdf [127]DOC-280933A1.txt ERRATUM - SPECTRUM ACQUISITIONS, INC. APPLICATION TO PARTICIPATE IN AUCTION 73 by ERRATUM. (DA No. 08-621). WTB [128]DOC-280937A1.doc [129]DOC-280937A1.pdf [130]DOC-280937A1.txt FRONTLINE WIRELESS, INC. - REQUEST FOR WAIVER OF SECTION 1.2105(A) OF THE COMMISSION'S RULES. Redacted Version Released January 23, 2008, as DA 08-100. Action by: Chief, Wireless Telecommunications Bureau by LETTER. (DA No. 08-620). WTB [131]DA-08-620A1.doc [132]DA-08-620A1.pdf [133]DA-08-620A1.txt COLI, INC. - REQUEST FOR WAIVER OF SECTION 1.2105(A) OF THE COMMISSION'S RULES. Redacted Version Released January 23, 2008, as DA 08-97. Action by: Chief, Auctions and Spectrum Access Division, Wireless Telecommunications
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd081014.html
  • PREVENTION ACT OF 2005. Addressed petitions for reconsideration and/or clarification of the Report and Order implementing the Junk Fax Prevention Act of 2005. (Dkt No. 02-278, 05-338). Action by: the Commission. Adopted: 10/08/2008 by Order on Reconsideration. (FCC No. 08-239). CGB [16]FCC-08-239A1.doc [17]FCC-08-239A1.pdf [18]FCC-08-239A1.txt GAP BROADCASTING, LLC. Terminated an investigation by the Bureau into compliance by GAP Broadcasting with sections 1.2105(c)(1) of the Commission's rules, relating to collusive conduct. Action by: Chief, Enforcement Bureau. Adopted: 10/14/2008 by Order/Consent Decree. (DA No. 08-2250). EB [19]DA-08-2250A1.pdf [20]DA-08-2250A1.txt WCWB LICENSEE, LLC, WPMY(TV), PITTSBURGH, PENNSYLVANIA. Admonished WCWB Licensee, LLC for the admitted violation of Section 73.670 of the Commission's Rules described in WPMY(TV)'s renewal application. Action by: Chief, Video Division, Media Bureau by LETTER. (DA
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2009/dd090210.html
  • Contact: Carmell Weathers at (202) 418-2325, email: Carmell.Weathers@fcc.gov or Kimberly Jackson at (202) 418-7393, email: Kimberly.Jackson@fcc.gov, TTY: (202) 418-0484 [36]DA-09-218A1.doc [37]DA-09-218A1.pdf [38]DA-09-218A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- CASCADE ACCESS, L.L.C. Notified Cascade Access, LLC of its monetary forfeiture in the amount of $75,000 for engaging in a prohibited communication and failure to notify the Commission, in apparent violation of Sections 1.2105(c)(1). Action by: Chief, Enforcement Bureau. Adopted: 02/10/2009 by Forfeiture Order. (DA No. 09-207). EB [39]DA-09-207A1.doc [40]DA-09-207A1.pdf [41]DA-09-207A1.txt LANCASTER EDUCATIONAL BROADCASTING FOUNDATION. Notified Lancaster Educational Broadcasting Foundation of its Apparent Liability for willfully and repeatedly violating section 399B and section 73.503 of the Commission's rules. Action by: Chief, Investigations and Hearings Division, Enforcement Bureau. Adopted: 02/10/2009 by NALF. (DA No. 09-216).
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2010/dd100225.html
  • OF THE EMERGENCY ALERT SYSTEM. Extended the comment and reply comment filing deadlines. (Dkt No. 04-296 ). Action by: Chief, Public Safety and Homeland Security Bureau. Comments Due: 03/15/2010. Reply Comments Due: 04/13/2010. Adopted: 02/24/2010 by ORDER. (DA No. 10-311). PSHSB [34]DA-10-311A1.doc [35]DA-10-311A1.pdf [36]DA-10-311A1.txt PROCEDURAL AMENDMENTS TO COMMISSION PART 1 COMPETITIVE BIDDING RULES. Order And Errata making corrections to section 1.2105. (Dkt No. 10-18 ). Action by: Associate Chief, Wireless Telecommunications Bureau. Adopted: 02/24/2010 by ORDER. (DA No. 10-288). WTB [37]DA-10-288A1.doc [38]DA-10-288A1.pdf [39]DA-10-288A1.txt References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296497A1.doc 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296497A1.pdf 3. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296497A1.txt 4. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-315A1.doc 5. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-315A1.pdf 6. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-315A1.txt 7. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-313A1.pdf 8. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-313A1.txt 9. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296486A1.pdf 10. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296486A2.txt 11. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296485A1.pdf 12. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296485A2.txt 13. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-317A1.doc 14. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-317A1.pdf 15. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-317A1.txt 16. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-310A1.doc 17. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-310A1.pdf 18. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-310A1.txt 19.
• http://www.fcc.gov/DiversityFAC/041004/RichardDeanHodson.pdf
  • fare in lieu of the higher upfront payment. Speaking of upfront payments, the Commission should both encourage baseline participation from any qualified party without discrimination, by utilizing minimum opening bids that should never exceed $10,000, regardless of service, which would create conditions that permit the marketplace to determine the final price without restriction. Hodson alternately would highly 1347 C.F.R. '' 1.2105(a)(2)(x) and (xi), 1.2106(a) 14See Policy Regarding Character Qualifications in Broadcast Licensing, 102 FCC 2d at 1228-29, &105. (Commission established applicant misconduct, even if flagrant, should be disregarded when good rehabilitative evidence exists and a decade or more of time has elapsed since incident(s) occurred.) 18 recommend and seriously support the Commission=s recent proposal and suggestion to serve the public interest
• http://www.fcc.gov/Forms/Form175/175.pdf
  • name, citizenship and address of all partners, if the applicant is a partnership; of a responsible officer or director, if the applicant is a corporation; of the trustee, if the applicant is a trust; or if the applicant is none of the foregoing, list the name, address and citizenship of a principal or other responsible person. See 47 C.F.R. � 1.2105(a). In addition, list in an exhibit the specific ownership information as set forth in 47 C.F.R. � 1.2112. Also list in an exhibit all parties with whom the applicant has entered into an agreement(s), of any kind, relating to the facilities being auctioned including, where applicable, such agreement(s) relating to the post-auction market structure. See 47 C.F.R. � 1.2105(a). For
• http://www.fcc.gov/eb/Orders/2003/DA-03-2722A1.html
  • (the ``NAL''), we find Star Wireless, LLC (``Star'') apparently liable for a monetary forfeiture in the amount of $100,000.00. For the reasons stated below, we conclude that Star, an applicant and participating bidder in the Commission's August 27-September 18, 2002, auction of 740 Lower 700 MHz Band C and D block geographic area licenses (``Auction No. 44''), apparently violated section 1.2105(c) of the Commission's rules1 during the auction with Northeast Communications of Wisconsin, Inc. (``Northeast''), another applicant for the same auction. II. BACKGROUND 2. In September 2002, the Commission received information that representatives of Star and Northeast had engaged in certain communications during the course of Auction No. 44.2 Subsequently, the Enforcement Bureau (the ``Bureau'') conducted an investigation of those contacts.
• http://www.fcc.gov/eb/Orders/2003/DA-03-2723A1.html
  • Forfeiture (the ``NAL''), we find Northeast Communications of Wisconsin, Inc. (``Northeast'') apparently liable for a monetary forfeiture in the amount of $100,000.00. For the reasons stated below, we conclude that Northeast, an applicant in the Commission's August 27-September 18, 2002, auction of 740 Lower 700 MHz Band C and D block geographic area licenses (``Auction No. 44''), apparently violated section 1.2105(c) of the Commission's rules1 during the auction with Star Wireless, LLC (``Star''), another applicant and a participating bidder in the same auction. II. BACKGROUND 2. In September 2002, the Commission received information that representatives of Star and Northeast had engaged in certain communications during the course of Auction No. 44.2 Subsequently, the Enforcement Bureau (the ``Bureau'') conducted an investigation of
• http://www.fcc.gov/eb/Orders/2004/DA-04-2981A1.html
  • Taylor, another applicant in the auctions.2 II. BACKGROUND 2. In November 2003, the Enforcement Bureau received information from the Wireless Telecommunications Bureau that Mr. Goodman and Ms. Taylor, competing applicants in Auction No. 50 and Auction No. 51, may have discussed auctions-related matters during a time when communications between auction applicants about bids and bidding strategy were restricted by section 1.2105(c) of the Commission's rules.3 Subsequently, the Bureau began an investigation to determine whether the communications between Mr. Goodman and Ms. Taylor had violated the anti- collusion rule.4 As a part of its investigation, on May 3, 2004, the Bureau sent a letter of inquiry to Mr. Goodman seeking information regarding such matters as the relationship between Mr. Goodman and Ms.
• http://www.fcc.gov/eb/Orders/2004/DA-04-3026A1.html
  • 22, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order, issued pursuant to section 503 of the Communications Act of 1934, as amended (the ``Act''), and section 1.80 of the Commission's rules,1 we find that Star Wireless, LLC (``Star'') engaged in collusive conduct during a Commission-conducted auction in 2002, in willful and repeated violation of section 1.2105(c) of the Commission's rules.2 Based on the information before us, we conclude that Star is liable for a forfeiture in the amount of One Hundred Thousand Dollars ($100,000). II. BACKGROUND 2. This matter arises from misconduct by two auction applicants, Star and Northeast Communications of Wisconsin (``Northeast''), during the Commission's August 27-September 18, 2002, auction of 740 Lower 700 MHz
• http://www.fcc.gov/eb/Orders/2004/DA-04-3027A1.html
  • 22, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order, issued pursuant to section 503 of the Communications Act of 1934, as amended (the ``Act''), and section 1.80 of the Commission's rules,1 we find that Northeast Communications of Wisconsin, Inc. (``Northeast'') engaged in collusive conduct during a Commission-conducted auction in 2002, in willful violation of section 1.2105(c) of the Commission's rules.2 Based on the information before us, we conclude that Northeast is liable for a forfeiture in the amount of One Hundred Thousand Dollars ($100,000). II. BACKGROUND 2. This matter arises from misconduct by Northeast and Star Wireless, LLC (``Star''), both applicants in the Commission's August 27-September 18, 2002, auction of 740 Lower 700 MHz Band C
• http://www.fcc.gov/eb/Orders/2004/DA-04-3316A1.html
  • The Enforcement Bureau has been investigating whether Capitol Broadcasting Company, Inc. (``Capitol''), licensee of various television broadcast stations, disclosed information about its bids or bidding strategies in advance of the Commission's auction of Multi-Channel Video Distribution and Data Service licenses, held between January 14 and 27, 2004 (``Auction No. 53''), in violation of the Commission's auction anti-collusion rule, 47 C.F.R. 1.2105(c). 2. The Bureau and Capitol have negotiated the terms of a Consent Decree, a copy of which is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree, we find that the public interest would be served by approving the Consent Decree and terminating the captioned investigation involving Capitol's conduct in Auction No. 53. 3 Accordingly,
• http://www.fcc.gov/eb/Orders/2004/DOC-253529A1.html
  • this Erratum, we make the following two corrections: (a) the caption above replaces the caption on the Forfeiture Order, which inadvertently referenced an incorrect NAL/Acct. No.; and (b) the paragraph below replaces paragraph 5 of the Forfeiture Order, which inadvertently contained superfluous editorial material: 5. Turning to the instant case, we reject Northeast's claim that it did not violate section 1.2105(c) because it was not an applicant in Auction No. 44 on August 29, 2002, when the communication at issue took place.1 Northeast maintains that it ceased being an ``applicant,'' subject to section 1.2105(c), when it failed to make its upfront payment by the May 30, 2002, deadline.2 Although Northeast's failure to timely make its upfront payment disqualified it from bidding
• http://www.fcc.gov/eb/Orders/2007/FCC-07-80A1.html
  • deny an Application for Review filed by Star Wireless, LLC ("Star") and a Petition for Reconsideration filed by Northeast Communications of Wisconsin, Inc. ("Northeast"). The Application and Petition were filed in response to forfeiture orders issued by the Enforcement Bureau ("Bureau") that imposed a monetary forfeiture in the amount of $100,000 against each company for its willful violation of section 1.2105(c) of the Commission's rules, which prohibits auction collusion. Although we uphold the Bureau's finding of liability for both Star and Northeast, we reduce the forfeiture for each licensee to $75,000 because of their history of compliance with Commission rules. II. BACKGROUND 2. The facts that formed the basis for the forfeitures are set forth in detail in the NALs and
• http://www.fcc.gov/eb/Orders/2008/DA-08-2250A1.html
  • 14, 2008 Released: October 14, 2008 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and GAP Broadcasting, LLC ("GAP Broadcasting"), an applicant for FM broadcast construction permits in Auction 70. The Consent Decree terminates an investigation by the Bureau into compliance by GAP Broadcasting with Sections 1.2105(c)(1) and (c)(6) of the Commission's rules, relating to collusive conduct. 2. The Bureau and GAP Broadcasting have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the
• http://www.fcc.gov/eb/Orders/2010/DA-10-1876A1.html
  • ) ) ) CONSENT DECREE 1. The Enforcement Bureau of the Federal Communications Commission, Puerto Rico Telephone Company, Inc., and America Movil, S.A.B. de C.V., by their authorized representatives, hereby enter into this Consent Decree for the purpose of resolving the Enforcement Bureau's investigation of compliance by Puerto Rico Telephone Company, Inc. and America Movil, S.A.B. de C.V. with Section 1.2105(c) of the Commission's Rules, 47 C.F.R. S: 1.2105(c), relating to Puerto Rico Telephone Company, Inc.'s participation in Commission Auction 73. I. DEFINITIONS 2. For purposes of this Consent Decree the following definitions shall apply: a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S: 151 et seq. b. "Adopting Order" means an order of the Bureau adopting
• http://www.fcc.gov/eb/Orders/2010/DA-10-1876A2.html
  • of Puerto Rico Telephone Company, Inc. ) ) ) ) ORDER Adopted: October 14, 2010 Released: October 14, 2010 By the Chief, Enforcement Bureau: 1. In this Order, we adopt a Consent Decree terminating an investigation by the Enforcement Bureau (the "Bureau") into compliance by Puerto Rico Telephone Company, Inc. and its parent, America Movil, S.A.B. de C.V. with Section 1.2105(c) of the Commission's Rules, 47 C.F.R. S: 1.2105(c), relating to Puerto Rico Telephone Company, Inc.'s participation in Commission Auction 73. 2. The Bureau, Puerto Rico Telephone Company, Inc., and America Movil, S.A.B. de C.V., have negotiated the terms of a Consent Decree that would terminate the Bureau's investigation. A copy of the Consent Decree is attached hereto and incorporated by
• http://www.fcc.gov/fcc-bin/audio/DA-06-2017A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-2017A1.pdf
  • issue (Staff Decision at 3 n.13). Even if Mr. Kelly had represented Jensen throughout the application process, the fact that he also represents her employers does not demonstrate that they have an attributable interest in her application. Further, and as pointed out by Jensen in her Opposition, Stratemeyer totally misapprehends the nature of the Commission's anti-collusion rule (47 C.F.R. � 1.2105(c)). See Petition at 6. The anti-collusion rule is designed to prevent collusion between auction participants bidding on the same permit(s) so as to preserve the integrity and competitiveness of the auction process. See Mercury PCS II, LLC, Notice of Apparent Liability for Forfeiture, 12 FCC Rcd 17970, 17975 and n.18 (1997). See also Implementation of Section 309(j) of the Communications
• http://www.fcc.gov/fcc-bin/audio/DA-07-4328A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4328A1.pdf
  • subject to competitive bidding procedures. On November 6, 2003, the Bureaus released a public notice announcing the January 2004 filing window and other procedures for Auction No. 84. In the Auction No. 84 Filing Window Public Notice, among other things, the Bureaus cautioned that ``applicants will not be permitted to make major modifications to the FCC Form 175,'' citing Section 1.2105(b) of the Commission's rules. Section 1.2105(b)(2) states that ``[m]ajor amendments cannot be made to a short-form application after the initial filing deadline. Major amendments include changes in ownership of the applicant that would constitute an assignment or transfer of control . . . .'' The Bureaus further warned that ``[a]pplicants will not be permitted to make major modifications to their
• http://www.fcc.gov/fcc-bin/audio/DA-07-608A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-608A1.pdf
  • 16062, 16072 (2000) (in connection with a merger, stations assigned to an ``insulated divestiture trust,'' as Clear Channel had not yet secured third-party buyers acceptable to the U.S. Department of Justice; non-attribution of broadcast stations allowed because the licenses were held by the trustee and operation was properly insulated from the grantors and beneficiaries). 47 C.F.R. � 73.3555(a)(1). Id. � 1.2105(b)(2). Id. � 1.925. Review of the Commission's Regulations Governing Attribution of Broadcast and Cable/MDS Interests, Report and Order, 14 FCC Rcd 12559, 12560 (1999). See KMAJ Trust Agreement and KCHZ Trust Agreement (``Trust Agreements''), �� 2(a), (b), 5(e). Id. �� 5(a)(ii)-(v). Id. � 5(a)(i). See supra note 4. See ``Auction of FM Broadcast Construction Permits Scheduled for March 7, 2007:
• http://www.fcc.gov/fcc-bin/audio/DA-09-1578A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-1578A1.pdf
  • to Section 0.331 of the Commission's rules. Sincerely, Gary D. Michaels, Deputy Chief Auctions and Spectrum Access Division Wireless Telecommunications Bureau cc: Mr. Jeffrey L. Timmons Esq. 47 C.F.R. � 1.2106(a). See Payment Methods and Procedures For Fiscal Year 2008 Regulatory Fees, Public Notice, 23 FCC Rcd 12849, DA 08-1973 (2008); see also 47 C.F.R. � 1.1164(a). 47 C.F.R. � 1.2105(a)(2)(xi); see Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293, 15317 � 42 & n.142 (2000)(``Part 1 Fifth Report and Order''); see also ``Auction of FM Broadcast Construction Permits Scheduled for September
• http://www.fcc.gov/fcc-bin/audio/DA-09-406A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-406A1.pdf
  • and/or Waiver Request (the ``Petition'') filed February 27, 2007, by Christian Broadcasting, Inc. (``CBI''), seeking reconsideration of the dismissal of its application and three related tech box submissions for new AM broadcast stations in Anchorage, Alaska (the ``Applications''). For the reasons set out below, we grant the Petition, waive the prohibition on major amendments to short-form applications found in Section 1.2105(b)(2) of the Commission's rules (the ``Rules''), permit CBI to amend the Applications, and accept the Section 307(b) showings that CBI tendered with its Petition. Background. When it filed its electronic Form 175, ``Application to Participate in an FCC Auction,'' on January 30, 2004, CBI checked a box (Item 9) indicating that it had Noncommercial Educational (``NCE'') applicant status. An entity
• http://www.fcc.gov/fcc-bin/audio/DA-10-1270A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-1270A1.pdf
  • June 28, 2010 (Waiver Request). See Closed Auction of Broadcast Construction Permits; Status of Short-Form Applications to Participate in Auction 88; Upfront Payments and Corrective Amendments Due by June 17, 2010; Removal of Two Construction Permits From the Auction, DA 10-1009, Public Notice (WTB/MB rel. June 7, 2010) (Auction 88 Status Public Notice). See id.; see also 47 C.F.R. � 1.2105(b)(2) (limited opportunity to cure short-form application deficiencies). Section 1.2106(a) authorizes the Bureaus to establish an upfront payment deadline for an auction by Public Notice. 47 C.F.R. � 1.2106(a). 47 C.F.R. � 1.2106(c). See Closed Auction of Broadcast Construction Permits Scheduled for July 20, 2010; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Procedures for Auction 88, Public
• http://www.fcc.gov/fcc-bin/audio/DA-11-1845A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1845A1.pdf
  • FILING REQUIREMENTS, MINIMUM OPENING BIDS, UPFRONT PAYMENTS, AND OTHER PROCEDURES FOR AUCTION 93 AU Docket No. 11-146 Table of Contents Heading Paragraph # I. General Information 1 A. Introduction 1 1. Construction Permits in Auction 93 3 B. Rules and Disclaimers 6 1. Relevant Authority 6 2. Prohibited Communications and Compliance with Antitrust Laws 8 a. Entities Subject to Section 1.2105 9 b. Prohibition Applies Until Down Payment Deadline 14 c. Prohibited Communications 15 d. Disclosure of Bidding Agreements and Arrangements 17 e. Section 1.2105(c) Certification 20 f. Duty to Report Prohibited Communications 21 g. Procedure for Reporting Prohibited Communications 24 h. Winning Bidders Must Disclose Terms of Agreements 27 i. Additional Information Concerning Rule Prohibiting Certain Communications 28 j. Antitrust
• http://www.fcc.gov/fcc-bin/audio/DA-12-148A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-148A1.pdf
  • Attachment A to this Public Notice lists the short-form applications for Auction 93 that are complete. Each of these applicants will become a qualified bidder upon receipt by the Commission of the required upfront payment by the February 22, 2012, deadline described below. Each applicant must also maintain the accuracy of its short-form application as required by sections 1.65 and 1.2105 of the Commission's rules. Attachment A indicates the construction permits selected by each applicant on its short-form application. If an applicant claimed a new entrant bidding credit, the applicant's claimed bidding credit percentage for each construction permit is indicated as 35 percent or 25 percent. Designation of an application as complete indicates the applicant has provided the certifications and basic
• http://www.fcc.gov/fcc-bin/audio/DA-12-374A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-374A1.pdf
  • previous rounds of the auction. Detailed instructions for reviewing and downloading round results are provided in the Integrated Spectrum Auction System (ISAS) Bidder's Guide. The bidder's guide is included with qualified bidders' registration materials and is available in electronic form through the ``HELP'' link in the FCC Auction System. APPLICANTs' continuing OBLIGATIONS Prohibited Communications The Bureaus remind applicants that sections 1.2105(c) and 73.5002(d) of the Commission's rules prohibit applicants for construction permits in any of the same geographic license areas from communicating with another applicant about bids, bidding strategies, or settlements, which may include communications regarding post-auction market structure, unless each applicant has identified the other applicant on its short-form application as a party with which the applicant has entered into
• http://www.fcc.gov/fcc-bin/audio/FCC-02-44A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-02-44A1.pdf http://www.fcc.gov/fcc-bin/audio/FCC-02-44A1.txt
  • 309(j)(6)(E). That section states: ``Nothing . . . in the use of competitive bidding shall be construed to relieve the Commission of the obligation in the public interest to continue to use engineering solutions, negotiation . . . and other means in order to avoid mutual exclusivity in application and licensing proceedings.'' 47 U.S.C. � 309(j)(6)(E). See 47 C.F.R. �� 1.2105(c) and 73.5002(d). Id. � 1.1205(c)(1). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Services, MM Docket No. 97-234, First Report & Order, 13 FCC Rcd 15920, 15927 (1998). See also AM Auction No. 32 Mutually Exclusive Applicants Subject to Auction, Public Notice, DA 00-2416 (released October 27, 2000). See
• http://www.fcc.gov/fcc-bin/audio/FCC-11-190A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-11-190A1.pdf
  • or Tribes... [Q]ualifying Tribes or tribal entities must be those at least a portion of whose tribal lands lie within the proposed station's principal community contour.''). The other applicable requirements that we established in the First R&O also would have to be satisfied in order to meet threshold requirements. Second R&O, 26 FCC Rcd at 2588. See 47 C.F.R. �� 1.2105(c), 73.5002(d). Id. Id. at 2590. Id. GRTI Comments at 5. NPM/NCAI Second FNPRM Comments at 3. NPM/NCAI Second FNPRM Comments at 4-5; GRTI Reply Comments at 3. Id. at 3-4; NPM/NCAI Second FNPRM Comments at 5-8. Id. at 5. Id. at 6-7. GRTI Reply Comments at 4-6. Id. at 6-7. Id. at 2-3; NPM/NCAI Second FNPRM Comments at 9. See,
• http://www.fcc.gov/fcc-bin/audio/FCC-12-29A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-12-29A1.pdf
  • spectrum availability. We disagree with LPFM advocates' contention that the availability of settlements would create an ``open-ended'' scenario that would allow translators to pick the best channels. See �37, supra. We have placed tight restrictions on the translator amendment process, including a time deadline. See infra, � 47. See supra, � 37. See infra, � 61. See 47 C.F.R. � 1.2105(c). It may be the case that one out-of-grid translator application assumes the dismissal of a second application to show that an additional LPFM channel remains available at the applicant's transmitter site and the second application remains pending after the completion of the translator amendment/dismissal process. Application cut-off rights will be used initially to resolve the conflict. Cut-off rights will be
• http://www.fcc.gov/ogc/documents/opinions/2000/98-1424.doc http://www.fcc.gov/ogc/documents/opinions/2000/98-1424.html
  • we consider the petition for review in No. 99-1188. We resolved all of the issues raised by the other petitions in a separate order issued herewith. \par \tab \tab \tab \tab \par \tab In the }{\i\fs22\insrsid15407263 First Report and Order}{\fs22\insrsid15407263 , the FCC determined that applicants for broadcast service auctions would be subject to its anti\_collusion rule, 47 C.F.R. \'a7 1.2105(c)(1), which it had previously applied in sixteen spectrum auctions. }{\i\fs22\insrsid15407263 First Report and Order}{\fs22\insrsid15407263 , 13 FCC Rcd. at 15980-81 }{\b\fs22\insrsid15407263 \'b6 }{\fs22\insrsid15407263 155. This rule provides that, following the filing of short\_form applications, \par \par }\pard \ql \li2160\ri2160\nowidctlpar\faauto\rin2160\lin2160\itap0 {\fs22\insrsid15407263 applicants are prohibited from cooperating, collaborating, discussing or disclosing in any manner the substance of their bids or bidding strategies,
• http://www.fcc.gov/ogc/documents/opinions/2000/99-11294.html
  • to 47 C.F.R. 24.830 (1995), to GWI PCS receiving the licenses. See In re Applications of GWI PCS, Inc., 12 F.C.C.R. 6441 2, 1997 WL 159931 (Jan. 27, 1997). Two parties did object, contending that GWI PCS had violated the foreign ownership restrictions, see 47 U.S.C. 310(b), 47 C.F.R. 24.804(b) (1995), and the rules against collusive bidding, see 47 C.F.R. 1.2105(c) (1995)[5]^(5). See In re Applications of GWI PCS, Inc., 12 F.C.C.R. 6441 4, 1997 WL 159931 (Jan. 27, 1997). After investigating the bases for the objections, the FCC concluded that GWI PCS did not exceed the foreign ownership limitations and that there was insufficient evidence to find that GWI PCS had violated the FCC's rules prohibiting collusion in the bidding
• http://www.fcc.gov/ogc/documents/opinions/2002/00-1292.doc http://www.fcc.gov/ogc/documents/opinions/2002/00-1292.html http://www.fcc.gov/ogc/documents/opinions/2002/00-1292.pdf
  • stopped bidding for the F block license in Lubbock, see id., and filed with the Commission an emergency motion to disqualify Mercury from the auction. High Plains alleged that Mercury violated the anti-collusion rule, which prohibited bidders "from cooperating, collaborating, discussing or disclosing in any manner the substance of their bids or bidding strategies" during the auction. 47 C.F.R. � 1.2105(c) (2000), amended by Competitive Bidding Procedures, 66 Fed. Reg. 54447, 54447-48 (Oct. 29, 2001). When the auction ended without the Commission having acted upon the motion, High Plains filed a motion to deny the award to Mercury of any licenses in the DEF auction. During ensuing investigations conducted separately by the Commission and by the Department of Justice, the executive
• http://www.fcc.gov/ogc/documents/opinions/2003/01-1392.pdf
  • to file the required family certifica- tion.* The July 9 Notice stated that ``Bidders must certify TTT compliance with the Commission's policies relating to media interests of immediate family members,'' 14 F.C.C. Rcd. at 10641, and 47 C.F.R. � 73.5002(b) requires that the short form application contain ``all required certifications, information and exhibits, pursuant to the provisions of 47 C.F.R. 1.2105(a) and any Commission public notices.'' Regarding the effect of an applicant's failure to submit required information, 47 C.F.R. � 1.2105(b) provides two different sanctions. First, � 1.2105(b)(1) states: Any short-form application TTT that does not contain all of the certifications required pursuant to this section is unacceptable for filing and cannot be corrected subse- quent to the applicable filing deadline.