FCC Web Documents citing 1.2106

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

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1.pdf
  • Public/ Private Partnership License, including the practices and procedures listed in Part 1 of our rules. For example, the down payment requirement, the obligation of the winning bidder for the D Block license to file a ``long form'' license application, and the consequences of a default prior to grant of the license will be in accordance with Sections 1.2104, 1.2105, 1.2106, 1.2107, and 1.2109 of the Commission's rules. If the long form application is denied, the procedures under Section 1.2109 of the Commission's rules will generally apply. We note that we may complete review of the long form application and deny the application without regard to the NSA, if the application is deficient or the grant of the license would otherwise
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  • longer remained an applicant in the auction. Although the Commission's rules state that an applicant that does not submit the auction's minimum upfront payment ``will be ineligible to bid'' and the applicant's application ``will be dismissed,'' that language does not circumscribe the definition of applicant for purposes of the anti-collusion rule contained in section 1.2105. Moreover, the language of section 1.2106(c) indicates future, not immediate or automatic, action. Because the dismissal requires future action by the Commission, the rule is not self-effectuating. Similarly, the dismissal provisions of sections 24.203(b) and (c) of the Commission's rules, upon which Star and Northeast rely, are not self-effectuating because the termination provisions are not solely contained in the rule. Instead, sections 1.946(c) and 1.955(a)(2) of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1639A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1639A1.txt
  • With respect to the FCC Form 175 applications, these applicants need take no further action except as may be necessary to maintain the accuracy of their applications.2 Also, applicants are advised that Attachment A includes FCC account numbers that were automatically created by the FCC software system for each applicant, and which are applicable for bidding only. See 47C.F.R. � 1.2106. S�?47C.F.R. � 1.65. 13227 Incomplete: Applications found to be incomplete are listed alphabetically in Attachment B. Applicants whose FCC Form 175 applications have been deemed incomplete will receive overnight correspondence indicating what information is required to make the applications acceptable for filing. These applicants may become qualified bidders only if they: (1) resubmit their applications by 6:00 p.m. ET on
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  • established at the close of the auction. A winning bidder that defaults on its full payment obligation will, therefore, be required to make the Commission whole for the amount of the winning bid, subject to any mitigation of damages produced by the subsequent auction of the license (or licenses) for the same spectrum. 12. Accordingly, pursuant to sections 1.2104(g)(2) and 1.2106(c) the Commission's rules, Metro-Trak is subject to default payment obligations. Specifically, Metro-Trak is required to pay the difference between the amount bid and the amount of the winning bid the next time the license is offered by the Commission (so long as the subsequent winning bid is less than the defaulted bid), plus an additional payment equal to three percent
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-173A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-173A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-173A1.txt
  • designated attorney identified in the correspondence sent to the applicant by overnight mail. For additional information, contact: Rosemary Cabral, Legal Branch at (202) 418-0660 (regarding legal questions); Lisa Hartigan, Auction Operations at (202) 418-0695 (regarding bidding and general filing status); and Bob Reagle, Analyst, Auction Operations at (717) 338-2807 (regarding bidding). - FCC - See 47 C.F.R. �� 1.65 and 1.2106. Id. See "Auction of 929 and 931 MHz Paging Service Spectrum; Auction Notice and Filing Requirements for 2,499 Paging Upper Band Licenses Scheduled for February 24, 2000; Minimum Opening Bids and Other Procedural Issues," Public Notice, DA 99-1591 (rel. August 12, 1999)(``Auction No. 26 Public Notice'') for detailed remittance and upfront payment information. This and other documents, including the Bidder
• 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
  • the applicant should contact the staff attorney identified in the correspondence sent to the applicant by overnight mail. For additional information, contact: Howard Davenport, Auctions Legal Branch at (202) 418-0660 (regarding legal questions); Lisa Stover, Auctions Operations (regarding bidding and general filing status) or Bob Reagle, Analyst, Auctions Operations (regarding bidding) at (717) 338-2888. FCC - See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. Id. ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). See Auction of Licenses for the 700 MHz Guard Bands, Scheduled for June 14, 2000, Auction Notice and Filing Requirements for 104 Licenses in the 700 MHz Guard Band, Minimum Opening Bids and
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  • (amending the Commission's Part 1 competitive bidding rules); see also 47 C.F.R. � 1.2109(a) (as amended). See 47 C.F.R. � 1.2109(a). See 47 C.F.R. �� 1.2104(g)(2) (as amended), 1.2109, 1.2107(b), 101.1105; see also Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, DA 96-481, Public Notice, 11 FCC Rcd 10853 (1996). See 47 C.F.R. � 1.2104(g)(2). See 47 C.F.R. � 1.2106(e). See 47 C.F.R. � 1.2109(b). Copies of the FCC Form 159 may be obtained by calling the Commission's Forms Distribution Center at 1-800-418-3676 (outside Washington, D.C.) or 202-418-3676 (in the Washington area). Copies of the FCC Form 159 can also be obtained via the Internet <> or by Fax-On-Demand (202-418-2830). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington,
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  • Communications Services Licenses Scheduled for March 23, 1999; Minimum Opening Bids and Other Procedural Issues,'' Public 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
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  • (amending the Commission's Part 1 competitive bidding rules); see also 47 C.F.R. � 1.2109(a) (as amended). See 47 C.F.R. � 1.2109(a). See 47 C.F.R. �� 1.2104(g)(2) (as amended), 1.2109, 1.2107(b), 101.1105; see also Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, DA 96-481, Public Notice, 11 FCC Rcd 10853 (1996). See 47 C.F.R. � 1.2104(g)(2). See 47 C.F.R. � 1.2106(e). See 47 C.F.R. � 1.2109(b). Copies of the FCC Form 159 may be obtained by calling the Commission's Forms Distribution Center at 1-800-418-3676 (outside Washington, D.C.) or 202-418-3676 (in the Washington area). Copies of the FCC Form 159 can also be obtained via the Internet <> or by Fax-On-Demand (202-418-2830). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington,
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  • in default on any Commission licenses or is delinquent on any non-tax debt owed to any Federal agency at the deadline for filing FCC Form 175 application for Auction No. 35, the applicant will not be able to make the certification required by 47 C.F.R. � 1.2105(a)(2)(x) and will not be eligible to participate in the auction. 47 C.F.R. � 1.2106(a). See 47 C.F.R. � 24.839. 47 C.F.R. � 1.2111(d), (e)(2)-(3). Licensees are not subject to unjust enrichment payments for transfer or assignment of licenses won in Auction No. 5 and No. 10. See C/F Block Sixth Report and Order, � 51. C/F Block Sixth Report and Order, � 51; 47 C.F.R. � 24.712(c). See Verizon Comments at 4-5; BellSouth/SBC Reply
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  • 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. 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 found in Section 1.2106 of the Commission's rules. Mock Auction: All applicants found to be qualified bidders are eligible to participate in a mock electronic auction on Monday, October 30, 2000. In the Qualified Bidders Public Notice, the Bureau will announce when software for the mock auction will be posted on the World Wide Web. Remote Bidding Software: Applicants are reminded that qualified bidders
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  • functioning of the auction process. Thus, the default payment provisions are critical for maintaining the integrity of the auction process by discouraging insincere bidding and ensuring that licenses end up in the hands of those parties that value them the most and have the financial qualifications necessary to construct operational systems and provide service. Accordingly, pursuant to sections 1.2104(g)(2) and 1.2106(c) of the Commission's rules, Toto is subject to default payment obligations. Specifically, Toto is required to pay the difference between the amount bid and the amount of the winning bid the next time the license is offered by the Commission (so long as the subsequent winning bid is less than the defaulted bid), plus an additional payment equal to three
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2344A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2344A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2344A1.txt
  • functioning of the auction process. Thus, the default payment provisions are critical for maintaining the integrity of the auction process by discouraging insincere bidding and ensuring that licenses end up in the hands of those parties that value them the most and have the financial qualifications necessary to construct operational systems and provide service. Accordingly, pursuant to sections 1.2104(g)(2) and 1.2106(c) of the Commission's rules, Saipan is subject to default payment obligations. Specifically, Saipan is required to pay the difference between the amount bid and the amount of the winning bid the next time the license is offered by the Commission (so long as the subsequent winning bid is less than the defaulted bid), plus an additional payment equal to three
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2571A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2571A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2571A1.txt
  • provision for increasing a bidder's maximum eligibility after the upfront payment deadline. Any auction applicant that has previously been in default on any Commission license or has previously been delinquent on any non-tax debt owed to any Federal agency must submit an upfront payment equal to 50 percent more than that set for each particular license. See 47 CFR � 1.2106. Former defaulters should calculate their upfront payment for all licenses by multiplying the number of bidding units they wish to purchase by 1.5. In calculating the number of bidding units to assign to former defaulters, the Commission will divide the upfront payment received by 1.5 and round the result up to the nearest bidding unit. NOTE: An applicant may, on
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  • attorney identified in the correspondence sent to the applicant by overnight mail. For additional information, contact: Rosemary Cabral or David Hu, Auctions Legal Branch (regarding legal questions) or Craig Bomberger, Analyst, Auctions Operations (regarding bidding and auction structure) at (202) 418-0660; Lisa Stover, Auctions Operations (regarding bidding and general filing status) at (717) 338-2888. FCC - See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. Id. See C and F Block Broadband PCS Spectrum Auction Scheduled for December 12, 2000; Auction Notice and Filing Requirements for 422 Licenses in the C and F Block Broadband PCS Spectrum Auction; Minimum Opening Bids and Other Procedures Issues For Final Auction Inventory, Public Notice, DA 00-2259 (rel. October 5, 2000) (``Auction No. 35
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  • upfront payment deadline is warranted in this case. This action is taken under delegated authority pursuant to Section 0.331 of the Commission's rules. Sincerely, Margaret W. Wiener Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau See Request for Waiver of MPCS Wireless, Incorporated for the Upfront Payment Deadline for Auction No. 35 (November 30, 2000) (``Request''). 47 C.F.R. � 1.2106(c). 47 C.F.R. � 1.925(b)(3). See ``C and F Block Broadband PCS Spectrum Auction Scheduled for December 12, 2000; Notice and Filing Requirements for 422 Licenses in the C and F Block Broadband PCS Spectrum Auction; Minimum Opening Bids, Upfront Payments and Other Procedural Issues,'' Public Notice, DA 00-2259 (rel. October 5, 2000) (``Auction No. 35 Procedures Public Notice''). See Auction
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  • Nevertheless, we note that if any of the subject licenses are won at auction for amounts greater than LMDSC's bid for these licenses, the default payment due will only be three percent of LMDSC's defaulted bid. Consequently, we will require a deposit of three percent of LMDSC's defaulted net high bid for the subject licenses, or $11,962.50. Pursuant to Sections 1.2106(e) and 1.22104(g) of the Commission's Rules, the $11,962.50 initial default payment will be deducted from the $633,952.00 on deposit with the Commission, leaving a balance of $621,989.50. This amount is sufficient to satisfy LMDSC's payment obligation of $591,800.00 on the eight licenses it wishes to retain. This also leaves LMDSC with $6,517.50 on deposit in excess of the amount owed
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  • should contact the designated attorney identified in the correspondence sent to the applicant by overnight mail. For additional information, contact: Kenneth Burnley, Legal Branch at (202) 418-0660 (regarding legal questions); Lisa Stover, Auction Operations (regarding bidding and general filing status) or Bob Reagle, Analyst, Auction Operations (regarding bidding) at (717) 338-2888. - FCC - See 47 C.F.R. �� 1.65 and 1.2106. Id. See "Auction of Licenses for Fixed Point-to-Point Microwave Services 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 Auction 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'') for detailed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1177A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1177A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1177A1.txt
  • contact the staff attorney identified in the correspondence sent to the applicant by overnight mail. For additional information, contact: Kenneth Burnley, Auctions Legal (regarding legal questions) or Lyle Ishida, Analyst, Auctions Operations (regarding bidding and auction structure) at (202) 418-0660; Linda Sanderson, Auctions Operations (regarding bidding and general filing status) at (717) 338-2888. - FCC - See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. Id. See VHF Public Coast and Location and Monitoring Service Spectrum Auction Scheduled for June 6, 2001; Notice and Filing Requirements for 16 Licenses in the VHF Public Coast and 241 Licenses in the Location and Monitoring Service Auction; Minimum Opening Bids Upfront Payments and Other Procedural Issues, Public Notice, DA 01-746 (rel. March 26,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-119A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-119A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-119A1.txt
  • as the minimum opening bid amounts. See generally, Section IV.B.2, infra. Any auction applicant that has previously been in default on any Commission license or has previously been delinquent on any non-tax debt owed to any Federal agency must submit an upfront payment equal to 50 percent more than that set for each particular construction permit. See 47 C.F.R. � 1.2106. Applicant's Wire Transfer Information for Purposes of Refunds The Commission will use wire transfers for all Auction No. 37 refunds. To ensure that refunds of upfront payments are processed in an expeditious manner, the Commission is requesting that all pertinent information as listed below be supplied to the FCC. Applicants can provide the information electronically during the initial short form
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  • 47 C.F.R. �� 1.2105 and 1.2112. Section 1.2105 requires the disclosure on the short-form of applicant ownership information as set forth in Section 1.2112. Both sections were revised in the Part 1 Fifth Report and Order, supra. 47 C.F.R. � 1.2105(a)(2)(x). 47 C.F.R. � 1.2105(a)(2)(xi). See also Part 1 Fifth Report and Order, supra at � 42. 47 C.F.R. � 1.2106(a). Amendment of Part 1 of the Commission's Rules - Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making, 12 FCC Rcd. 5686, 5697-5698, � 16 (1997); See also 700 MHz First Report & Order, at � 149. See Auction No. 31 Procedures Public Notice, at Attachment A. Bidders are also reminded
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  • Down Payments Due March 8, 2001, Ten-Day Petition to Deny Period, Public Notice, DA 01-478 (rel. February 22, 2001) (``Auction No. 38 Winning Bidders' Public Notice). 47 C.F.R. �1.2104(g)(1). Id; Auction No. 33 Winning Bidders' Public Notice at Attachment C. This attachment identifies bidders that withdrew bids in Auction 33 and indicates the interim three percent bid withdrawal payment. See 1.2106(e); Auction No. 33 Winning Bidders' Public Notice at Attachment C. 47 C.F.R. �1.2104(g)(1). Id. Attachment A (calculates the final withdrawal payment for each withdrawal bid); Auction No. 38 Winning Bidders' Public Notice at Attachment C (Attachment C sets forth the final bid withdrawal payments owed by bidders in Auction No. 33, based upon a reconciliation of final results in Auction
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-138A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-138A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-138A1.txt
  • contact the staff attorney identified in the correspondence sent to the applicant by overnight mail. For additional information, contact: Howard Davenport, Auctions Legal Branch (regarding legal questions) or Craig Bomberger, Analyst, Auctions Operations (regarding bidding and auction structure) at (202) 418-0660; Linda Sanderson, Auctions Operations (regarding bidding and general filing status) at (717) 338-2888. FCC - See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. Id. See Auction of Licenses for the 700 MHz Guard Bands Scheduled for February 13, 2001; Auction Notice and Filing Requirements for 8 Licenses in the 700 MHz Guard Bands; Minimum Opening Bids and Other Procedural Issues, Public Notice, DA 00-2571 (rel. November 14, 2000), 65 Fed. Reg. 83024 (``Auction No. 38 Procedures Public Notice'').
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  • - 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 FCC Rcd at 15317, � 42. 47 C.F.R. � 1.2106(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 ���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 0i 0i 0i 0i 0i 0i 0i 0i 0i 0i
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  • in default on any Commission licenses or is delinquent on any non-tax debt owed to any Federal agency at the deadline for filing FCC Form 175 application for Auction No. 41, the applicant will not be able to make the certification required by 47 C.F.R. � 1.2105(a)(2)(x) and will not be eligible to participate in the auction. 47 C.F.R. � 1.2106(a). See 47 C.F.R. � 1.2105(a). See 47 C.F.R. � 1.2105. See also Two Way Radio of Carolina, Inc., Memorandum, Opinion and Order, 14 FCC Rcd. 12035 (1999). Amendment of Part 1 of the Commission's rules - Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making, 12 FCC Rcd. 5686, 5697-5698, �
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  • upfront payment to satisfy this initial default payment obligation. The remaining default payment will be assessed once a new bid price for the spectrum associated with the defaulted license is established in a subsequent auction. If an additional payment is required, a further order will assess such payment. Ordering Clauses ACCORDINGLY, IT IS ORDERED that, pursuant to sections 0.331, 1.2104(g), 1.2106(e) and 1.2109(c) of the Commission's rules, 47 C.F.R. �� 0.331, 1.2104(g), 1.2106(e), 1.2109(c), Citifone PCS, LLC, is assessed an initial default payment in the amount of $3,555.00, and we will apply Citifone PCS, LLC's upfront payment to satisfy this initial default payment obligation. IT IS FURTHER ORDERED that, pursuant to sections 0.331, 1.2104(g), 1.2107(b) and 1.2109(c) of the Commission's rules,
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  • 8, 2001, Ten-Day Petition to Deny Period, Public Notice, DA 01-478 (rel. February 22, 2001) (``Auction No. 38 Winning Bidders' Public Notice''). 47 C.F.R. � 1.2104(g)(1). Id; Auction No. 33 Winning Bidders' Public Notice at Attachment C. This attachment identifies bidders that withdrew bids in Auction 33 and indicates the interim three percent bid withdrawal payment. See 47 C.F.R. � 1.2106(e); Auction No. 33 Winning Bidders' Public Notice at Attachment C. 47 C.F.R. � 1.2104(g)(1). Id. See Auction No. 33 Winning Bidders' Public Notice, at Attachments B and C. In Attachment B, the Commission set forth the amount of Access' interim bid withdrawal payment, $60,795.00. In Attachment C, the Commission explained that the $60,795.00 interim bid withdrawal payment was based on
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  • (6) receipt of monies and profits; Intermountain Microwave, 12 FCC 2d. 559 (1963), and Application of Baker Creek Communications, L.P., for Authority to Construct and Operate Local Multipoint Distribution Services in Multiple Basic Trading Areas, Memorandum Opinion and Order, 13 FCC Rcd. 18709 (1998). See 47 C.F.R. � 1.2105. 47 C.F.R. � 1.2105(a)(2)(x). 47 C.F.R. � 1.2105(a)(2)(xi). 47 C.F.R. � 1.2106(a). See 47 C.F.R. � 1.2105(a). See 47 C.F.R. � 1.2105; see also Two Way Radio of Carolina, Inc., Memorandum, Opinion and Order, 14 FCC Rcd. 12035 (1999). Amendment of Part 1 of the Commission's rules - Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making, 12 FCC Rcd. 5686, 5697-5698, �
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  • already been deducted from the upfront payments submitted by Pegasus in Auction No. 33. Auction No. 33 Winning Bidders' Public Notice at Attachments B and C. Id; Auction No. 33 Winning Bidders' Public Notice at Attachment C. This attachment identifies bidders that withdrew bids in Auction 33 and indicates the interim three percent bid withdrawal payment. See 47 C.F.R. � 1.2106(e); Auction No. 33 Winning Bidders' Public Notice at Attachment C. 47 C.F.R. � 1.2104(g)(1). Id. Auction No. 33 Winning Bidders' Public Notice, at Attachments B and C. In Attachment C, the Commission explained that the interim bid withdrawal payments were based upon three percent (3%) of the net withdrawn bids on each of the licenses: (i) MEA014-B ($1,096,00 X 3%
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  • contact the staff attorney identified in the correspondence sent to the applicant by overnight mail. For additional information, contact: Howard Davenport, Auctions Legal Branch (regarding legal questions) or Lyle Ishida, Analyst, Auctions Operations (regarding bidding and auction structure) at (202) 418-0660; Linda Sanderson, Auctions Operations (regarding bidding and general filing status) at (717) 338-2888. FCC - See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. Id. See 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 (rel. July 9, 2001), (``Auction No. 41 Procedures Public Notice''). ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11
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  • (amending the Commission's Part 1 competitive bidding rules); see also 47 C.F.R. � 1.2109(a) (as amended). See 47 C.F.R. � 1.2109(a). See 47 C.F.R. �� 1.2104(g)(2) (as amended), 1.2109, 1.2107(b), 101.1105; see also Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, DA 96-481, Public Notice, 11 FCC Rcd 10853 (1996). See 47 C.F.R. � 1.2104(g)(2). See 47 C.F.R. � 1.2106(e). 7 Copies of the FCC Form 159 may be obtained by calling the Commission's Forms Distribution Center at 1-800-418-3676 (outside Washington, D.C.) or 202-418-3676 (in the Washington area). Copies of the FCC Form 159 can also be obtained via the Internet <> or by Fax-On-Demand (202-418-2830). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media
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  • contact the staff reviewer identified in the correspondence sent to the applicant by overnight mail. For additional information, contact: Erik Salovaara, Auctions Legal Branch (regarding legal questions) or Jeff Crooks, Analyst, Auctions Operations (regarding bidding and auction structure) at (202) 418-0660; Lisa Stover, Auctions Operations (regarding bidding and general filing status) at (717) 338-2888. FCC - See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. Id. The Mellon Bank fascimile number previously listed in the Auction No. 40 Procedures Public Notice has been modified. See Lower and Upper Paging Bands Auction Scheduled for June 26, 2001; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedural Issues, Public Notice, DA 01-850 (rel. April 9, 2001) 66 Fed. Reg.
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  • (6) receipt of monies and profits; Intermountain Microwave, 12 FCC 2d. 559 (1963), and Application of Baker Creek Communications, L.P., for Authority to Construct and Operate Local Multipoint Distribution Services in Multiple Basic Trading Areas, Memorandum Opinion and Order, 13 FCC Rcd. 18709 (1998). See 47 C.F.R. � 1.2105. 47 C.F.R. � 1.2105(a)(2)(x). 47 C.F.R. � 1.2105(a)(2)(xi). 47 C.F.R. � 1.2106(a). See 47 C.F.R. � 1.2105(a). See 47 C.F.R. � 1.2105; see also Two Way Radio of Carolina, Inc., Memorandum, Opinion and Order, 14 FCC Rcd. 12035 (1999). Amendment of Part 1 of the Commission's rules - Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making, 12 FCC Rcd. 5686, 5697-5698, �
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  • the staff reviewer identified in the correspondence sent to the applicant by overnight mail. For additional information, contact: Francis Gutierrez, Auctions Legal Branch (regarding legal questions); Lyle Ishida, Analyst, Auctions Operations (regarding bidding and auction structure) at (202) 418-0660; or Barbara Sibert, Auctions Operations (regarding bidding and general filing status) at (717) 338-2888. - FCC - See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. Id. See Multiple Address Systems Spectrum Auction Scheduled for November 14, 2001, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedural Issues, Public Notice, DA 01-1789, at 5-7 (rel. July 27, 2001) (``Auction No. 42 Procedures Public Notice'') 47 C.F.R. � 101.1333 For further information regarding obtaining such information, see Auction No.
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  • Operations (regarding bidding and auction structure) at (202) 418-0660; or Barbara Sibert, Auctions Operations (regarding bidding and general filing status) at (717) 338-2888. - FCC - When the auction for the LMS licenses is rescheduled, applications may be submitted by any interested party in accordance with the Commission's rules. See 47 CFR � 1.2101 et seq.. See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. Id. 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, at 6-9 (rel. October 10, 2001), 66 Fed. Reg. 55180 (``Auction No. 43 Procedures Public Notice''). Id. For further information regarding obtaining such information, see
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  • at 15967-68, � 127-128. In the Matter of 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 at 15316-17, �� 40-42 (2000) (``Part 1 Fifth Report and Order''); 47 C.F.R. � 1.2106(a); see also 47 C.F.R. ��1.2105(a)(2)(xi). See Auction No. 82 Comment Public Notice at 2. WyoMedia Comments at 1. Id. at 3. Auction No. 82 Comment Public Notice at 2. Id. Id. at 3. Id. at 8-9. Id. at 9. Id. at 4. Balanced Budget Act, see note 2, supra. See Amendment of Part 1 of the Commission's Rules -- Competitive
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  • 16 FCC Rcd. 2339 (2001) (``Auction No. 35 Winning Bidders Public Notice''). 47 C.F.R. � 1.2104(g)(1) (1998). 47 C.F.R. � 1.2104(g)(1); Auction No. 22 Winning Bidders' Public Notice, 14 FCC Rcd. 6688 (1999), at Attachment C. This attachment identifies bidders that withdrew bids in Auction No. 22 and states the interim three percent bid withdrawal payment. See 47 C.F.R. � 1.2106(e) (1998); Auction No. 22 Winning Bidders' Public Notice, 14 FCC Rcd. 6688 (1999), at Attachment C. 47 C.F.R. � 1.2104(g)(1) (1998). Id. See Auction No. 22 Winning Bidders' Public Notice, 14 FCC Rcd. 6688 (1999), at Attachment C. In Attachment C, the Commission set forth the amount of Mr. McBride's interim bid withdrawal payment, $700.00, and explained that the interim
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  • (amending the Commission's Part 1 competitive bidding rules); see also 47 C.F.R. � 1.2109(a) (as amended). See 47 C.F.R. � 1.2109(a). See 47 C.F.R. �� 1.2104(g)(2) (as amended), 1.2109, 1.2107(b), 101.1105; see also Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, DA 96-481, Public Notice, 11 FCC Rcd 10853 (1996). See 47 C.F.R. � 1.2104(g)(2). See 47 C.F.R. � 1.2106(e). 7 Copies of the FCC Form 159 may be obtained by calling the Commission's Forms Distribution Center at 1-800-418-3676 (outside Washington, D.C.) or 202-418-3676 (in the Washington area). Copies of the FCC Form 159 can also be obtained via the Internet <> or by Fax-On-Demand (202-418-2830). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media
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  • or is delinquent on any non-tax debt owed to any Federal agency at the time the applicant files its FCC Form 175, the applicant will not be able to make the certification required by Section 1.2105(a)(2)(x) of the Commission's rules and will not be eligible to participate in Auction No. 39. 47 C.F.R. �� 1.2110; 1.2105(a)(2)(x). See 47 C.F.R. � 1.2106(a). See 47 C.F.R. � 1.2111(d), (e)(2)-(3). See 47 C.F.R. � 1.2105(a). See 47 C.F.R. � 1.2105. See also Two Way Radio of Carolina, Inc., Memorandum, Opinion and Order, 14 FCC Rcd 12035 (1999). Amendment of Part 1 of the Commission's rules - Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making,
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  • to 6:00 p.m. ET. All calls to the FCC Technical Support Hotline are recorded. For additional information, contact: Howard Davenport, Auctions Legal Branch (regarding legal questions); Lyle Ishida, Analyst, Auctions Operations (regarding bidding and auction structure) at (202) 418-0660; or Linda Sanderson, Auctions Operations (regarding bidding and general filing status) at (717) 338-2888. - FCC - See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. Id. The Commission's final resolution of the waivers requested by: (i) Cable & Communications Corporation; (ii) Coleman County Telecommunications, Ltd.; (iii) Northeast Nebraska Telephone Company; (iv) Panhandle Telecommunication Systems, Inc.; (v) Poka Lambro Telecommunications, Ltd.; and (vi) Corr Wireless Communications, LLC, may ultimately affect their eligibility for bidding credits. See Auction of Licenses in the
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  • 47 U.S.C. �� 154(i), 309, and Section 1.2104 of the Commission's Rules, 47 C.F.R. � 1.2104(g), Philip Adler is ASSESSED a final bid withdrawal payment of $17,550.00 on license BEA 013B and a final bid withdrawal payment of $14,950.00 on license BEA 013C, as computed in Attachment A. IT IS FURTHER ORDERED, that pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Philip Adler's interim bid withdrawal payments of $917.00 for license BEA 013B and $878.00 for license BEA 013C, totaling $1,795.00, will be applied towards the sum of the final bid withdrawal payment, totaling $32,500.00, leaving Philip Adler with a debt to the Commission of $30,705.00. It is FURTHER ORDERED that Philip Adler's debt of $30,705.00 be paid immediately, in accordance
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  • license BEA0056A, $2,300.00 for license BEA123E, $113,000.00 for license EAG002I, $11,000.00 for license EAG003G, totaling $129,900.00, as computed in Attachment A. IT IS FURTHER ORDERED, that no final bid withdrawal payment is due on licenses BEA005C, BEA052B, BEA053C, BEA073B, BEA084C, BEA098E, BEA099B, BEA100D, EAG002F, EAG003F, EAG004F, and EAG004I. IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, the sum of Intek's interim bid withdrawal payments of $51,204.00 will be applied towards the sum of the final bid withdrawal payments of $129,900.00 for the four 220 MHz licenses from Auction No. 18, leaving Intek with a total debt to the Commission in the amount of $78,696.00. IT IS FURTHER ORDERED that Intek's debt of $78,696.00 be paid immediately,
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  • Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104 of the Commission's Rules, 47 C.F.R. � 1.2104(g), Intellicom IS ASSESSED a final withdrawal payment of $130.00, as a result of Intellicom's withdrawal of its bid on license BEA 056B, as computed in Attachment A. IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Intellicom's interim bid withdrawal payment of $49.00, will be applied towards the sum of the final withdrawal payment for license BEA 056B, leaving Intellicom with a debt to the Commission of $81.00. It is FURTHER ORDERED that Intellicom's debt of $81.00 be paid immediately, in accordance with the payment instructions in Attachment B within 30 days of the date of
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  • (6) receipt of monies and profits; Intermountain Microwave, 12 FCC 2d. 559 (1963), and Application of Baker Creek Communications, L.P., for Authority to Construct and Operate Local Multipoint Distribution Services in Multiple Basic Trading Areas, Memorandum Opinion and Order, 13 FCC Rcd. 18709 (1998). See 47 C.F.R. � 1.2105. 47 C.F.R. � 1.2105(a)(2)(x). 47 C.F.R. � 1.2105(a)(2)(xi). 47 C.F.R. � 1.2106(a). 47 C.F.R. � 1.65. See 47 C.F.R. � 1.2105(a). See 47 C.F.R. � 1.2105; see also Two Way Radio of Carolina, Inc., Memorandum, Opinion and Order, 14 FCC Rcd. 12035 (1999). Amendment of Part 1 of the Commission's rules - Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making, 12 FCC
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  • Commission's Rules, 47 C.F.R. � 1.2104(g), Preferred IS ASSESSED a final withdrawal payment in the amount of $130,700.00 for license BEA009-D, $47,750.00 for license BEA018-F, as computed in Attachment A. IT IS FURTHER ORDERED, that no final withdrawal payments are due on licenses BEA020-F, BEA066-D, BEA069-E, and BEA069-FF. IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, the sum of Preferred's interim bid withdrawal payments of $23,401.00 will be applied towards the sum of the final withdrawal payments for the two 800 MHz SMR licenses from Auction No. 34, leaving Preferred with a debt to the Commission of $155,049.00. IT IS FURTHER ORDERED that Preferred's debt of $155,049.00 be paid immediately, in accordance with the payment instructions
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  • BEA 067E, $1,573.00 for license BEA 099E, $530.00 for license BEA 124E, $215.00 for license BEA 125E, $49.00 for license BEA 129E, $109.00 for license BEA 132E, $51.00 for license BEA 133E, $507.00 for license BEA 134E, and $51.00 for license BEA 135E as computed in Attachment B. IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, the sum of Rush's interim bid withdrawal payments of $281.00 and Rush's down payment of $12,987.00 will be applied towards the sum of the final bid withdrawal and final default payments of $5,036.00 from Auction No. 18, leaving Rush with a total balance on deposit with the Commission in the amount of $8,232.00. IT IS FURTHER ORDERED that to obtain
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  • delegated pursuant to Section 0.331 of the Commission's rules. Margaret W. Wiener Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau cc: Anne G. Crump, Esq. Joint Emergency Motion for Partial Stay of Central Wyoming College and the State Board of Education, State of Idaho (filed June 14, 2002). See, e.g., 47 C.F.R. �� 1.2104(g) (withdrawal, default, and disqualification payments), 1.2106 (requirement to submit upfront payments); 1.2107 (requirement of high bidders to submit downpayments). See 47 C.F.R. � 1.2110(b) (requirement of applicants to disclose gross revenues). Central Wyoming and the State Board's waiver requests are premised on a notion that, in seeking to obtain licenses included in the Auction No. 44 inventory without making any payments, they are essentially seeking a
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  • No. 44-Emergencey Request for Waiver Expedited Action Requested (June 17, 2002) (``Waiver Request''). See Letter to Margaret Wiener, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, from Ms. Sylvia Lesse and Mr. John Kuykendall, Counsel for Coleman County Telecommunications, Ltd., Auction No. 44 Supplement to Emergency Request for Waiver (June 28, 2002) (``Supplement to Waiver Request''). 47 C.F.R. � 1.2106 (c). 47 C.F.R. � 1.925. See Auction of Licenses in the 698-746 MHz Band Scheduled for June 19, 2002, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payment and Other Auction Procedures, Public Notice, DA 02-563, at 23 (rel. March 20, 2002) (``Auction No. 44 Procedures Public Notice''). See Auction No. 44 Procedures Public Notice at 23. See Auction of
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  • Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's Rules, 47 C.F.R. � 1.2104(g), PERS IS ASSESSED a final withdrawal payment of $63,050 as a result of PERS' withdrawal of its bid on license EAG004F as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, PERS' interim withdrawal payment of $4,232 will be applied toward the final withdrawal payment for license EAG004F, leaving PERS with a debt to the Commission of $58,818. IT IS FURTHER ORDERED that PERS' debt of $58,818 be paid immediately, in accordance with the payment instructions in Attachment B within 30 days of the date of this letter, and if it
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  • MariTEL Corporation IS ASSESSED a final withdrawal payment in the amount of $9,400 for license VPC010, $2,000 for license VPC015, and $2,000 for license VPC038 as computed in Attachment A. IT IS FURTHER ORDERED that no final withdrawal payments are due on licenses VPC020, VPC021, VPC022, and VPC040. IT IS FURTHER ORDERED that pursuant to 47 C.F.R. �� 1.2104 and 1.2106 of the Commission's rules WJG MariTEL's interim bid withdrawal payments of $3,900 will be applied towards its final bid withdrawal payments of $13,400 from Auction No. 20, leaving WJG MariTEL Corporation with a debt to the Commission of $9,500. IT IS FURTHER ORDERED that WJG MariTEL Corporation's debt of $9,500 be paid in full immediately, in accordance with the payment
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  • at 15967-68, � 127-128. In the Matter of 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 at 15316-17, �� 40-42 (2000) (``Part 1 Fifth Report and Order''); 47 C.F.R. � 1.2106(a); see also 47 C.F.R. ��1.2105(a)(2)(xi). Auction No. 32 Comment Public Notice at 2-3. Auction No. 32 Comment Public Notice at 2. Id. at 3. Id. Auction No. 32 Comment Public Notice at 6-7. Id. at 7. Id. at 4. Balanced Budget Act, see note 2, supra. Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, WT Docket
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2757A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2757A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2757A1.txt
  • 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 in effect at the time the Bureaus released the Auction No. 32 Filing Window Public Notice. Part 1 Fifth Report and Order, 15 FCC Rcd at 15317, � 42. 47 C.F.R. � 1.2106(a). See Part 1 Fifth Report and Order, 15 FCC Rcd at 15317, � 42; see also Auction No. 32 Construction Permits For New AM Broadcast Stations Scheduled for December 10, 2002; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedural Issues, Public Notice, DA 02-2623, Section III.C.3 (rel. October 15, 2002) ("Auction No. 32 Procedures Public Notice").
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  • Public Notice''); see also Additional Information Required for Completion of FCC Form 175 and Exhibits for Auction No. 32; Auction of Construction Permits for New AM Broadcast Stations Scheduled for December 10, 2002, Public Notice, DA 02-2757 (rel. October 21, 2002) (``Auction No. 32 Additional Information Public Notice''). Auction No. 32 Additional Information Public Notice at 2. 47 C.F.R. � 1.2106. 47 C.F.R. � 1.65. Id. See Auction No. 32 Procedures Public Notice at Section III.C. See also Auction No. 32 Additional Information Public Notice at 2. 47 C.F.R. � 1.2105(c)(1). See Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules, Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). 47 C.F.R. � 1.65. The Commission recently amended
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  • applicant's ownership information as set forth in 47 C.F.R. � 1.2112. Note that both of these sections were revised in the Part 1 Fifth Report and Order. 47 C.F.R. �� 1.2105(a)(2)(viii), (c)(1). 47 C.F.R. � 1.2105(a)(2)(ix). See Section I.B.2 ``Prohibition of Collusion,'' supra. See 47 C.F.R. � 1.2105(c)(4)(i), (ii). 47 C.F.R. � 1.2105(a)(2)(x). 47 C.F.R. � 1.2105(a)(2)(xi). 47 C.F.R. � 1.2106(a). See 47 C.F.R. � 1.2105(a). See 47 C.F.R. � 1.2105; see also Two Way Radio of Carolina, Inc., Memorandum, Opinion and Order, 14 FCC Rcd. 12035 (1999). Amendment of Part 1 of the Commission's rules - Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making, 12 FCC Rcd. 5686, 5697-5698, �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3178A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3178A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3178A1.txt
  • Licenses,'' Report No. AUC-97-16-G (Auction No. 16), Public Notice, 12 FCC Rcd. 20,417 (1997) (``Auction 16 Closing PN''). ``800 MHz Specialized Mobile Radio (SMR) Service General Service Category (851-854 MHz) and Upper Band (861-865 MHz) Auction Closes,'' Public Notice, DA 00-2037 (rel. Sept. 6, 2000) (``Auction No. 34 Closing PN''). 47 C.F.R. � 1.2104(g)(1) (1996). Id. 47 C.F.R . � 1.2106(e) (1996). 47 C.F.R. � 1.2104(g)(1) (1996). Id. 47 C.F.R. �� 1.2109(b), 1.2104(g)(2) (1996). 47 C.F.R. � 1.2104(g)(2). Id. Id. Id. Letter from Kathleen O'Brien Ham, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, to Mr. Jack Bond, Mountain SMR Group, L.L.C., 13 FCC Rcd 4504 (1998); Erratum to Letter from Kathleen O'Brien Ham, Chief, Auctions and Industry Analysis Division,
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  • monies and profits; Intermountain Microwave, 12 FCC 2d. 559 (1963), and Application of Baker Creek Communications, L.P., for Authority to Construct and Operate Local Multipoint Distribution Services in Multiple Basic Trading Areas, Memorandum Opinion and Order, 13 FCC Rcd. 18709 (1998). See 47 C.F.R. �� 1.2105, 22.217, and 22.223. 47 C.F.R. � 1.2105(a)(2)(x). 47 C.F.R. � 1.2105(a)(2)(xi). 47 C.F.R. � 1.2106(a). See 47 C.F.R. � 1.2105(a). See 47 C.F.R. � 1.2105. See also Two Way Radio of Carolina, Inc., Memorandum, Opinion and Order, 14 FCC Rcd. 12035 (1999). Amendment of Part 1 of the Commission's rules - Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making, 12 FCC Rcd. 5686, 5697-5698, �
• 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
  • (6) receipt of monies and profits; Intermountain Microwave, 12 FCC 2d. 559 (1963), and Application of Baker Creek Communications, L.P., for Authority to Construct and Operate Local Multipoint Distribution Services in Multiple Basic Trading Areas, Memorandum Opinion and Order, 13 FCC Rcd. 18709 (1998). See 47 C.F.R. � 1.2105. 47 C.F.R. � 1.2105(a)(2)(x). 47 C.F.R. � 1.2105(a)(2)(xi). 47 C.F.R. � 1.2106(a). See 47 C.F.R. � 1.2105(a). See 47 C.F.R. � 1.2105; see also Two Way Radio of Carolina, Inc., Memorandum, Opinion and Order, 14 FCC Rcd. 12035 (1999). Amendment of Part 1 of the Commission's rules - Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making, 12 FCC Rcd. 5686, 5697-5698, �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-493A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-493A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-493A1.txt
  • � 8 (2000) (``Initial Default Payment Order''). 800 MHz Specialized Mobile Radio (SMR) Service General Category (851-854 MHz) and Upper Band (861-865 MHz) Auction Closes, Public Notice, DA 00-2037 (rel. Sept. 6, 2000) (``Auction No. 34 Closing PN''). Id., Attachment A ``Round Results, High Bids,'' p. 50 of 50. Id. 47 C.F.R. � 1.2104(g)(1) (1996). Id. 47 C.F.R . � 1.2106(e) (1996). 47 C.F.R. � 1.2104(g)(1) (1996). Id. 47 C.F.R. �� 1.2109(b), 1.2104(g)(2) (1996). 47 C.F.R. � 1.2104(g)(2). Id. Id. Id. Auction No. 34 Closing PN, Attachment E: Multi-Auction Withdrawal Payment Report. Id., Attachment D: Default Payment Report. Attachment A to this Order, Auction Report; see also Auction No. 34 Closing PN. Initial Default Payment Order, 15 FCC Rcd. at 11,776
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  • at (202) 414-1250. Hours or service: Monday through Friday 7:00 a.m. to 10:00 p.m., Saturday, 8:00 a.m. to 7:00 p.m., Sunday, 12:00 p.m. to 6:00 p.m. ET. - FCC - Auction Filing Window for New Analog Television Stations Auction No. 82, Public Notice, DA 01-1300 (rel. May 25, 2001) (``Auction No. 82 Filing Window Public Notice''). See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. Id. See Auction No. 82 Construction Permits for New Analog Television Stations Scheduled for February 5, 2002, Public Notice, DA 01-2882, at 5-6 (rel. December 13, 2001) (``Auction No. 82 Procedures Public Notice''). Pub. L. No. 106-113, 113 Stat. 1501 (1999), codified at 47 U.S.C. � 336(f). See Establishment of a Class A Television Service,
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  • (6) receipt of monies and profits; Intermountain Microwave, 12 FCC 2d. 559 (1963), and Application of Baker Creek Communications, L.P., for Authority to Construct and Operate Local Multipoint Distribution Services in Multiple Basic Trading Areas, Memorandum Opinion and Order, 13 FCC Rcd. 18709 (1998). See 47 C.F.R. � 1.2105. 47 C.F.R. � 1.2105(a)(2)(x). 47 C.F.R. � 1.2105(a)(2)(xi). 47 C.F.R. � 1.2106(a). See 47 C.F.R. � 1.2105(a). See 47 C.F.R. � 1.2105; see also Two Way Radio of Carolina, Inc., Memorandum, Opinion and Order, 14 FCC Rcd. 12035 (1999). Amendment of Part 1 of the Commission's rules - Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making, 12 FCC Rcd. 5686, 5697-5698, �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-568A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-568A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-568A1.txt
  • Rcd 374 (1997) (amending the Commission's Part 1 Competitive Bidding Rules); see also 47 C.F.R. � 1.2109(a) (as amended). See 47 C.F.R. � 1.2109(a). See 47 C.F.R. �� 1.2104(g)(2)(as amended), 1.2109, 1.2107(b), 101.1105; see also Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (1996). See 47 C.F.R. � 1.2104(g)(2). See 47 C.F.R. � 1.2106(e). See 47 C.F.R. S 1.2109(b). > or by Fax-On-Demand at 202-418-2830. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov � � � � � � � � � � � � �� ����PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu��
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  • and Application of Baker Creek Communications, L.P., for Authority to Construct and Operate Local Multipoint Distribution Services in Multiple Basic Trading Areas, Memorandum Opinion and Order, 13 FCC Rcd. 18709 (1998). See 47 C.F.R. � 1.2105. 47 C.F.R. � 1.2105(a)(2)(x). 47 C.F.R. � 1.2105(a)(2)(xi); Part 1 Fifth Report and Order, 15 FCC Rcd at 15316-17, �� 40-42. 47 C.F.R. � 1.2106(a). See 47 C.F.R. � 1.2105(a). See 47 C.F.R. � 1.2105; see also Two Way Radio of Carolina, Inc., Memorandum, Opinion and Order, 14 FCC Rcd. 12035 (1999). Amendment of Part 1 of the Commission's rules - Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making, 12 FCC Rcd. 5686, 5697-5698, �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-659A2_Erratum.doc
  • and Application of Baker Creek Communications, L.P., for Authority to Construct and Operate Local Multipoint Distribution Services in Multiple Basic Trading Areas, Memorandum Opinion and Order, 13 FCC Rcd. 18709 (1998). See 47 C.F.R. � 1.2105. 47 C.F.R. � 1.2105(a)(2)(x). 47 C.F.R. � 1.2105(a)(2)(xi); Part 1 Fifth Report and Order, 15 FCC Rcd at 15316-17, �� 40-42. 47 C.F.R. � 1.2106(a). See 47 C.F.R. � 1.2105(a). See 47 C.F.R. � 1.2105; see also Two Way Radio of Carolina, Inc., Memorandum, Opinion and Order, 14 FCC Rcd. 12035 (1999). Amendment of Part 1 of the Commission's rules - Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making, 12 FCC Rcd. 5686, 5697-5698, �
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  • Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104 of the Commission's Rules, 47 C.F.R. � 1.2104(g), DeltaCom IS ASSESSED a final withdrawal payment of $1,300.00 as a result of DeltaCom's withdrawal of its bid on license BEA 058D, as computed in Attachment A. IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, DeltaCom's interim bid withdrawal payment of $49.00 will be applied towards the final withdrawal payment for license BEA 058D, leaving DeltaCom with a debt to the Commission of $1,251.00. It is FURTHER ORDERED that DeltaCom's debt of $1,251.00 be paid immediately, in accordance with the payment instructions in Attachment B within 30 days of the date of this letter, and
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  • removed in whole or in part: 21.952; 22.209; 22.227; 22.964; 24.709(a)(4)-(5); 26.205; 27.204(a)-(b); 90.806; 90.906; 90.1009; 100.75; 101.531(a); 101.1104; and 101.1204. Also, the following service-specific rules, which are redundant with all or part of the prohibition on collusion in section 1.2105, are modified or removed in whole or in part: 21.953; 25.405; 27.204(c); and 100.79. Submission of upfront payments. Section 1.2106 of the Commission's rules describes the procedures for submitting upfront payments, i.e., the sums an applicant that complies with the short-form application requirements tenders to the Commission before an auction in order to be qualified to bid. The following service-specific rules, which conflict or are redundant with all or part of section 1.2106 of the Commission's rules, are removed in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1_Erratum.doc
  • removed in whole or in part: 21.952; 22.209; 22.227; 22.964; 24.709(a)(4)-(5); 26.205; 27.204(a)-(b); 90.806; 90.906; 90.1009; 100.75; 101.531(a); 101.1104; and 101.1204. Also, the following service-specific rules, which are redundant with all or part of the prohibition on collusion in section 1.2105, are modified or removed in whole or in part: 21.953; 25.405; 27.204(c); and 100.79. Submission of upfront payments. Section 1.2106 of the Commission's rules describes the procedures for submitting upfront payments, i.e., the sums an applicant that complies with the short-form application requirements tenders to the Commission before an auction in order to be qualified to bid. The following service-specific rules, which conflict or are redundant with all or part of section 1.2106 of the Commission's rules, are removed in
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  • 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's Rules, 47 C.F.R. � 1.2104(g), Auction Group IS ASSESSED a final withdrawal payment of $19,500 on license EAG001-F as computed in Attachment A. IT IS FURTHER ORDERED that no final withdrawal payment is due on license BEA058-B. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Auction Group's interim withdrawal payment of $2,937 will be applied to the final withdrawal payment for licensee EAG001-F, leaving Auction Group with a debt to the Commission of $16,563. IT IS FURTHER ORDERED that Auction Group's debt of $16,563 be paid in full immediately, in accordance with the payment instructions in Attachment B within 30 days of the date of
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  • for license BEA034EE, $15,000.00 for license BEA066EE, $73,000.00 for license BEA085FF, $100,000.00 for license BEA086D, $148,000.00 for license BEA088FF, $9,000.00 for license BEA097DD, $285,000.00 for license BEA172FF, as computed in Attachment A. IT IS FURTHER ORDERED, that no final withdrawal payment is due on licenses BEA033E and BEA132FF. IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, the sum of Motient's interim bid withdrawal payments of $41,040.00 will be applied towards the sum of the final withdrawal payments for the ten 800 MHz SMR licenses from Auction No. 34, leaving Motient with a debt to the Commission of $1,002,960.00. IT IS FURTHER ORDERED that Motient's debt of $1,002,960.00 be paid immediately, in accordance with the payment instructions
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  • Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104 of the Commission's Rules, 47 C.F.R. � 1.2104(g), CommSpec IS ASSESSED a final withdrawal payment of $62,725.00, as a result of CommSpec's withdrawal of its bid on license BEA 173-E, as computed in Attachment A. IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, CommSpec's interim bid withdrawal payment of $1.931.00, will be applied towards the sum of the final withdrawal payment for license BEA 173-E, leaving CommSpec with a debt to the Commission of $60,794.00. It is FURTHER ORDERED that CommSpec's debt of $60,794.00 be paid immediately, in accordance with the payment instructions in Attachment B within 30 days of the date of
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  • Support Hotline will be Monday through Friday from 8:00 a.m. to 6:00 p.m. ET. For additional information, contact: Denise Coca, Auctions Legal Branch (regarding legal questions); Jeff Crooks, Analyst, Auctions Operations (regarding bidding and auction structure) at (202) 418-0660; or Barbara Sibert, Auctions Operations (regarding bidding and general filing status) at (717) 338-2888. - FCC - See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. Id. See Cellular Rural Service Areas Auction Scheduled for May 29, 2002, Public Notice, DA 02-470, at 15-18 (rel. March 4, 2002), 67 Fed. Reg. 16383 (``Auction No. 45 Procedures Public Notice''). Id. at 4-5. Id. See Implementation of Competitive Bidding Rules to License Certain Rural Service Areas, WT Docket No. 01-32, Report and Order,
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  • to 6 p.m. ET. All calls to the FCC Technical Support Hotline are recorded. For additional information, contact: Francis Gutierrez, Auctions Legal Branch (regarding legal questions); Lyle Ishida, Analyst, Auctions Operations (regarding bidding and auction structure) at (202) 418-0660; or Lisa Stover, Auctions Operations (regarding bidding and general filing status) at (717) 338-2888. - FCC - See 47 C.F.R. � 1.2106. 47 C.F.R. � 1.65. The FCC Form 175 application filing window is open now and will remain open until 6:00 p.m. ET on Friday, April 11, 2003. See 1670-1675 MHz Band Auction Scheduled for October 30, 2002, Public Notice, 17 FCC Rcd 15212, 15229-30 (2002), 67 Fed. Reg. 72174 (``Auction No. 46 Procedures Public Notice''). Id., at 15218-19. The Commission
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  • to 6:00 p.m. ET. All calls to the FCC Technical Support Hotline are recorded. For additional information, contact: Rosemary Cabral, Auctions Legal Branch (regarding legal questions) at (202) 418-0660; Roy Knowles, Analyst, Auctions Operations (regarding bidding and auction structure), or Barbara Sibert, Auctions Operations (regarding bidding and general filing status) at (717) 338-2888. - FCC - See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. See also Auction of Licenses in the Lower and Upper Paging Bands Scheduled for May 13, 2003, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures, Public Notice, DA 02-3560, at 18, 21-24 (rel. December 20, 2002), 68 Fed. Reg. 6151 (``Auction No. 48 Procedures Public Notice''). See Auction No. 48
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  • to 6:00 p.m. ET. All calls to the FCC Technical Support Hotline are recorded. For additional information, contact: Howard Davenport, Auctions Legal Branch (regarding legal questions); Lyle Ishida, Analyst, Auctions Operations (regarding bidding and auction structure) at (202) 418-0660; or Linda Sanderson, Auctions Operations (regarding bidding and general filing status) at (717) 338-2888. - FCC - See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. See also Auction of Licenses in the Lower 700 MHz Band Scheduled for May 28, 2003, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures, Public Notice, DA 03-567, at 20-22 (rel. March 4, 2003), 68 Fed. Reg. 14640 (``Auction No. 49 Procedures Public Notice''). See 47 C.F.R. � 1.65 The
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  • on a case-by-case basis. Broadcast Reconsideration Order at � 75; 47 C.F.R � 73.5007. See Minnesota Christian Broadcasters, Inc., 18 FCC Rcd 614 (2003). See 47 C.F.R. �� 1.2105, 73.5007, 73.5008. See 47 C.F.R. � 73.5007(c). 47 C.F.R. � 1.2105(a)(2)(x). 47 C.F.R. � 1.2105(a)(2)(xi). 47 C.F.R. � 1.2105(a)(2)(xi). See Part 1 Fifth Report and Order, � 42. 47 C.F.R. � 1.2106(a). See 47 C.F.R. � 1.2105. See 47 C.F.R. � 1.2105(a). See 47 C.F.R. �� 1.2105, 73.5002(c); see also Two Way Radio of Carolina, Inc., Memorandum, Opinion and Order, 14 FCC Rcd 12035 (1999). Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making,
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  • Telecommunications Bureau See Request for Waiver - Expedited Action Requested (April 16, 2003) (``Request''). See also Letter to Gary Michaels, Chief, Legal Branch, Auctions and Industry Analysis Division, from Sara F. Leibman, Mintz Levin Cohn Ferris Glovsky and Popeo, P.C. , Re: Jeff Scott Cofsky d/b/a Texas License Consultants; Supplement to Waiver Request (May 1, 2003) (``Supplement''). 47 C.F.R. � 1.2106(c). 47 C.F.R. � 1.925. ``Lower and Upper Paging Bands Auction Scheduled for May 13, 2003; Notice and Filing Requirements, Minimum Opening Bids and Other Procedural Issues,'' Public Notice, 17 FCC Rcd 27799, 27813 (2002) (``Auction No. 48 Procedures Public Notice''). Auction No. 48 Procedures Public Notice, 17 FCC Rcd at 27822. Request at 10. Id. at 2. Id. Id at
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  • confirms that the funds have been released from the payor's bank into the Federal Reserve System. See Letter from Margaret W. Wiener, Chief, Auction and Industry Analysis Division to Sara F. Liebman, Counsel for Jeff Scott Cofsky d/b/a Texas License Consultants, DA 03-1581, at 2, (rel. May 12, 2003). Request at 2. Id. Id. Id. Id. Id. 47 C.F.R. � 1.2106. 47 C.F.R. � 1.9215. Request at 2-3. Id. 47 C.F.R. � 1.2106. Auction No. 49 Procedures Public Notice, 18 FCC Rcd, 3138, 3162. Request at 1-2, and Exh. A. Request at 3. Request at 1. See Letter from Mark Bollinger, Acting Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, to Timi Okoinyan, President and CEO, Trompex Corporation, at 2
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  • and (6) receipt of monies and profits; Intermountain Microwave, 12 FCC 2d. 559 (1963), and Application of Baker Creek Communications, L.P., for Authority to Construct and Operate Local Multipoint Distribution Services in Multiple Basic Trading Areas, Memorandum Opinion and Order, 13 FCC Rcd 18709 (1998). 47 C.F.R. � 1.2105. 47 C.F.R. � 1.2105(a)(2)(x). 47 C.F.R. � 1.2105(a)(2)(xi). 47 C.F.R. � 1.2106(a). 47 C.F.R. � 1.2105(a). 47 C.F.R. � 1.2105; see also Two Way Radio of Carolina, Inc., Memorandum Opinion and Order, 14 FCC Rcd 12035 (1999). Letter from Margaret W. Wiener, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, to Patrick Shannon, Esq., Counsel for Lynch 3G Communications Corporation, DA 03-1944, dated June 13, 2003. Amendment of Part 1 of
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  • and Industry Analysis Division: Kenneth Burnley, Auctions Legal Branch (regarding legal questions); Lyle Ishida, Analyst, Auctions Operations (regarding bidding and auction structure) at (202) 418-0660; or Linda Sanderson, Auctions Operations (regarding bidding and general filing status) at (717) 338-2888; Video Division: Shaun Maher at (202) 418-1600; Audio Division: Lisa Scanlan at (202) 418-2700. - FCC - See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. See also Closed Broadcast Auction No. 54 Construction Permits for New Broadcast Stations Scheduled for July 23, 2003, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures, Public Notice, DA 03-1547, at 15-17 (rel. May 12, 2003) (``Auction No. 54 Procedures Public Notice''). See 47 C.F.R. � 1.65 Letter from Margaret
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  • final withdrawal payment in the amount of $2,678 for license VPC011, $1,188 for license VPC012, $1,638 for license VPC016, and $6,903 for license VPC026 as computed in Attachment A. IT IS FURTHER ORDERED that no final withdrawal payments are due on licenses VPC013, VPC014, VPC015, VPC018, and VPC019. IT IS FURTHER ORDERED that pursuant to 47 C.F.R. �� 1.2104 and 1.2106 of the Commission's rules, Warren C. Havens' interim bid withdrawal payments of $3,003 will be applied towards the sum of its final bid withdrawal payments of $12,407 from Auction No. 20, leaving Warren C. Havens with a debt to the Commission of $9,404. IT IS FURTHER ORDERED that Warren C. Havens' debt of $9,404 be paid in full immediately, in
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  • that Warren C. Havens IS ASSESSED a final withdrawal payment in the amount of $494 for license BEA043A, $821 for license BEA081A, $951 for license BEA085A, $951 for license BEA086A, $886 for license BEA087A, $1,146 for license BEA139A, and $1,146 for license BEA165A as computed in Attachment A. IT IS FURTHER ORDERED that pursuant to 47 C.F.R. �� 1.2104 and 1.2106 of the Commission's rules, Warren C. Havens' interim bid withdrawal payments of $395 will be applied towards the sum of its final bid withdrawal payments of $6,395 from Auction No. 21, leaving Warren C. Havens with a debt to the Commission of $6,000. IT IS FURTHER ORDERED that Warren C. Havens' debt of $6,000 be paid in full immediately, in
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  • Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 at 15317, 42 (2000) (``Order on Reconsideration of the Part 1 Third Report and Order''). 47 C.F.R. � 1.2105(a)(2)(xi); Order on Reconsideration of the Part 1 Third Report and Order, 15 FCC Rcd at 15317, n. 142. 47 C.F.R. � 1.2106(a). 47 C.F.R. � 1.2105(a). 47 C.F.R. � 1.2105; see also Two Way Radio of Carolina, Inc., Memorandum Opinion and Order, 14 FCC Rcd 12035 (1999). Letter from Margaret W. Wiener, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, to Patrick Shannon, Esq., Counsel for Lynch 3G Communications Corporation, DA 03-1944, dated June 13, 2003. Amendment of Part 1 of
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  • All calls to the FCC Technical Support Hotline are recorded. For additional information, contact: Christopher Shields, Auctions Legal Branch (regarding legal questions) at (202) 418-0660; Jeff Crooks, Auctions Operations Branch (regarding bidding and auction procedures) at (202) 418-0660; or Linda Sanderson, Auctions Operations Branch (regarding bidding and general filing status) at (717) 338-2888. - FCC - See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. See also Narrowband PCS Spectrum Auction Revised Inventory and Start Date for Auction No. 50, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures, Public Notice, DA 03-372, at 15-16 (rel. February 7, 2003), 68 Fed. Reg. 15174 (``Auction No. 50 Procedures Public Notice''). See 47 C.F.R. � 1.65 Letter from
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  • 6:00 p.m. ET. All calls to the FCC Technical Support Hotline are recorded. For additional information, contact: Christopher Shields, Auctions Legal Branch (regarding legal questions); Craig Bomberger, Auctions Operations Branch (regarding bidding and auction procedures) at (202) 418-0660; or Lisa Stover, Auctions Operations Branch (regarding bidding and general filing status) at (717) 338-2888. - FCC - See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. See also Auction of Regional Narrowband PCS Licenses Scheduled for September 24, 2003, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments, Package Bidding and Other Auction Procedures, Public Notice, DA 03-1994, at 14-15 (rel. June 18, 2003), 68 Fed. Reg. 44785 (``Auction No. 51 Procedures Public Notice''). See 47 C.F.R. � 1.65. Letter from
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  • of Wisconsin, Inc., dated November 25, 2002. A listing of the communications-related entities in which Northeast holds an interest, based upon the entities named in the FCC Form 602 and the Commission's licensing records, is provided as Attachment A. See Northeast FCC Form 175, Ex. B. Id. See May 24 Status Public Notice at 2; see also 47 C.F.R. � 1.2106. See June 7 Qualified Bidders Public Notice, Attachment A at 6. Northeast Response at A6. See June 7 Qualified Bidders Public Notice, Attachment A. See Auction No, 44-Revised Schedule, License Inventory, and Procedures, Public Notice, DA 02-1491 at 1(WTB rel. June 26, 2002). See Northeast Response at A4. Mr. Schneider left the employ of Northeast on July 8, 2001, but
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  • of Wisconsin, Inc., dated November 25, 2002. A listing of the communications-related entities in which Northeast holds an interest, based upon the entities named in the FCC Form 602 and the Commission's licensing records, is provided as Attachment A. See Northeast FCC Form 175, Ex. B. Id. See May 24 Status Public Notice at 2; see also 47 C.F.R. � 1.2106. See June 7 Qualified Bidders Public Notice, Attachment A at 6. Northeast Response at A6. See June 7 Qualified Bidders Public Notice, Attachment A. See Auction No, 44-Revised Schedule, License Inventory, and Procedures, Public Notice, DA 02-1491 at 1(WTB rel. June 26, 2002). See Northeast Response at A4. Mr. Schneider left the employ of Northeast on July 8, 2001, but
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  • of Wisconsin, Inc., dated November 25, 2002. A listing of the communications-related entities in which Northeast holds an interest, based upon the entities named in the FCC Form 602 and the Commission's licensing records, is provided as Attachment A. See Northeast FCC Form 175, Ex. B. Id. See May 24 Status Public Notice at 2; see also 47 C.F.R. � 1.2106. See June 7 Qualified Bidders Public Notice, Attachment A at 6. Northeast Response at A6. See June 7 Qualified Bidders Public Notice, Attachment A. See Auction No, 44-Revised Schedule, License Inventory, and Procedures, Public Notice, DA 02-1491 at 1(WTB rel. June 26, 2002). See Northeast Response at A4. Mr. Schneider left the employ of Northeast on July 8, 2001, but
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  • of Wisconsin, Inc., dated November 25, 2002. A listing of the communications-related entities in which Northeast holds an interest, based upon the entities named in the FCC Form 602 and the Commission's licensing records, is provided as Attachment A. See Northeast FCC Form 175, Ex. B. Id. See May 24 Status Public Notice at 2; see also 47 C.F.R. � 1.2106. See June 7 Qualified Bidders Public Notice, Attachment A at 6. Northeast Response at A6. See June 7 Qualified Bidders Public Notice, Attachment A. See Auction No, 44-Revised Schedule, License Inventory, and Procedures, Public Notice, DA 02-1491 at 1(WTB rel. June 26, 2002). See Northeast Response at A4. Mr. Schneider left the employ of Northeast on July 8, 2001, but
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  • 2, 2003, Ten-Day Petition to Deny Period, Public Notice, DA 03-1978 (rel. June 18, 2003) (``Auction No. 49 Winning Bidders' Public Notice''). 47 C.F.R. � 1.2104(g)(1). Id; Auction No. 44 Winning Bidders' Public Notice at Attachment C. This attachment identifies bidders that withdrew bids in Auction 44 and indicates the interim three percent bid withdrawal payment. See 47 C.F.R. � 1.2106(e); Auction No. 44 Winning Bidders' Public Notice at Attachment C. 47 C.F.R. � 1.2104(g)(1). Id. Auction No. 44 Winning Bidders' Public Notice, at Attachment C. In Attachment C, the Commission explained that the interim bid withdrawal payments were based upon three percent (3%) of the net withdrawn bids on each of the licenses: (i) CMA118(C) ($65,650 X 3% = $1,970);
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  • and Sections 1.2104(g) and 24.704(a) of the Commission's Rules, 47 C.F.R. �� 1.2104(g) and 24.704(a), Entertainment Unlimited, Inc. is ASSESSED a final bid withdrawal payment of $534,000 on license BTA 060E, and a final bid withdrawal payment of $150,747 on license BTA 228F as computed in Attachment A. IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Entertainment Unlimited, Inc.'s interim bid withdrawal payments of $59,460, will be applied towards the sum of the final bid withdrawal payments of $684,747, leaving Entertainment Unlimited, Inc. with a final bid withdrawal payment of $625,287. IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104(g)(2) and 24.704(a)(2), Entertainment Unlimited, Inc. is ASSESSED a final default payment obligation in connection
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  • Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 at 15317, � 42 (2000) (``Order on Reconsideration of the Part 1 Third Report and Order''). 47 C.F.R. � 1.2105(a)(2)(xi); Order on Reconsideration of the Part 1 Third Report and Order, 15 FCC Rcd at 15317, n. 142. 47 C.F.R. � 1.2106(a). 47 C.F.R. � 1.2105(a). 47 C.F.R. � 1.2105; see also Two Way Radio of Carolina, Inc., Memorandum Opinion and Order, 14 FCC Rcd 12035 (1999). Letter from Margaret W. Wiener, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, to Patrick Shannon, Esq., Counsel for Lynch 3G Communications Corporation, 18 FCC Rcd 11552 (2003). Amendment of Part 1 of the
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  • 2, 2003, Ten-Day Petition to Deny Period, Public Notice, DA 03-1978 (rel. June 18, 2003) (``Auction No. 49 Winning Bidders' Public Notice''). 47 C.F.R. � 1.2104(g)(1). Id; Auction No. 44 Winning Bidders' Public Notice at Attachment C. This attachment identifies bidders that withdrew bids in Auction 44 and indicates the interim three percent bid withdrawal payment. See 47 C.F.R. � 1.2106(e); Auction No. 44 Winning Bidders' Public Notice at Attachment C. 47 C.F.R. � 1.2104(g)(1). Id. Auction No. 44 Winning Bidders' Public Notice, at Attachment C. In Attachment C, the Commission explained that the interim bid withdrawal payments were based upon three percent (3%) of the gross withdrawn bids on each of the licenses: (i) CMA476(C) ($43,000 X 3% = $1,290);
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  • (6) receipt of monies and profits; Intermountain Microwave, 12 FCC 2d. 559 (1963), and Application of Baker Creek Communications, LP, For Authority to Construct and Operate Local Multipoint Distribution Services in Multiple Basic Trading Areas, Memorandum Opinion and Order, 13 FCC Rcd. 18709 (1998). See 47 C.F.R. � 1.2105. 47 C.F.R. � 1.2105(a)(2)(x). 47 C.F.R. � 1.2105(a)(2)(xi). 47 C.F.R. � 1.2106(a). See 47 C.F.R. � 1.2105(a). See 47 C.F.R. � 1.2105. See also Two Way Radio of Carolina, Inc., Memorandum, Opinion and Order, 14 FCC Rcd. 12035 (1999). Amendment of Part 1 of the Commission's rules - Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making, 12 FCC Rcd. 5686, 5697-98, �
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  • 6:00 p.m. ET. All calls to the FCC Technical Support Hotline are recorded. For additional information, contact the Auctions & Spectrum Access Division: Brian Carter (regarding legal questions) at (202) 418-0660; Roy Knowles (regarding bidding and auction procedures) at (717) 338-2888; or Barbara Sibert (regarding bidding and general filing status) at (717) 338-2888. - FCC - See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. See also Auction of Licenses in the Multichannel Video Distribution and Data Service rescheduled for January 14, 2004, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Auction Procedures, Public Notice, DA 03-2354, at 16-18 (rel. August 28, 2003), 68 Fed. Reg. 57896 (``Auction No. 53 Procedures Public Notice''). See 47 C.F.R. �
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  • or would be frustrated, by its application in this particular case, and that grant of the requested waiver would be in the public interest; or (ii) that the unique facts and circumstances of the particular case render application of the rule inequitable, unduly burdensome or otherwise contrary to the public interest, or that the applicant has no reasonable alternative. Section 1.2106 of the Commission's rules provides that the Commission may require applicants to submit an upfront payment. If the applicant does not submit at least the minimum upfront payment, it will be ineligible to bid, its application will be dismissed and any upfront payment it has made will be returned. In the Auction No. 53 Procedures Public Notice, the Bureau stated
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  • and BTA 330 (C3) were available in open bidding. C and F Block Broadband PCS Spectrum Auction Scheduled for December 12, 2000, DA 00-2259, Public Notice, 15 FCC Rcd 19,485, 19,489-90 (2000) (``Procedures Public Notice''). Closing Public Notice, 16 FCC Rcd at 2343. Closing Public Notice, 16 FCC Rcd at 2340; see 47 C.F.R. � 1.2107(b). In compliance with section 1.2106(a) of the Commission's rules, TPS made a pre-auction upfront payment of $1,036,000. In Auction No. 35, as in most auctions, a participant's upfront payment determined the participant's eligibility to bid during the auction. See Procedures Public Notice, 15 FCC Rcd at 19,511 (``The amount of the upfront payment submitted by a bidder determines the initial maximum eligibility ([measured] in bidding
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  • and (6) receipt of monies and profits; Intermountain Microwave, 12 FCC 2d. 559 (1963), and Application of Baker Creek Communications, L.P., for Authority to Construct and Operate Local Multipoint Distribution Services in Multiple Basic Trading Areas, Memorandum Opinion and Order, 13 FCC Rcd 18709 (1998). 47 C.F.R. � 1.2105. 47 C.F.R. � 1.2105(a)(2)(x). 47 C.F.R. � 1.2105(a)(2)(xi). 47 C.F.R. � 1.2106(a). 47 C.F.R. � 1.2105(a). 47 C.F.R. � 1.2105; see also Two Way Radio of Carolina, Inc., Memorandum Opinion and Order, 14 FCC Rcd 12035 (1999). Amendment of Part 1 of the Commission's Rules - Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making, 12 FCC Rcd. 5686, 5697-5698, � 16 (1997)
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  • on the ten licenses for which it was the high bidder in Auction No. 34, its long-form application is dismissed, and it is subject to the applicable default payments. Pursuant to Sections 1.2104(g)(2) of the Commission's rules, Silver Palm owes an interim default payment of $11,790, which is three-percent (3%) of its net winning bids of $393,000. Pursuant to Section 1.2106(e) of the Commission's rules, we will apply Silver Palm's payments on deposit to satisfy this initial default payment obligation. Once subsequent high bids are established for the relevant spectrum, we will determine Silver Palm's final default payment obligation. If an additional payment is required, a further order will assess such payment. Ordering Clauses Accordingly, it is ORDERED, pursuant to Sections
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  • the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd at 15,317, � 42 (``Order on Reconsideration of the Part 1 Third Report and Order''). 47 C.F.R. � 1.2105(a)(2)(xi); Order on Reconsideration of the Part 1 Third Report and Order, 15 FCC Rcd at 15,317, n. 142. 47 C.F.R. � 1.2106(a). 47 C.F.R. � 1.2105(a). 47 C.F.R. � 1.2105; see also Two Way Radio of Carolina, Inc., Memorandum Opinion and Order, 14 FCC Rcd 12,035 (1999). Letter from Margaret W. Wiener, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, to Patrick Shannon, Esq., Counsel for Lynch 3G Communications Corporation, 18 FCC Rcd 11,552 (2003). Amendment of Part 1 of the
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  • 6:00 p.m. ET. All calls to the FCC Technical Support Hotline are recorded. For additional information, contact the Auctions & Spectrum Access Division: Brian Carter (regarding legal questions) at (202) 418-0660; Jeff Crooks (regarding bidding and auction procedures) at (202) 418-0660; or Lisa Stover (regarding bidding and general filing status) at (717) 338-2888. - FCC - See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. See also Auction of Direct Broadcast Satellite Service Licenses Rescheduled for July 14, 2004, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Auction Procedures, Public Notice, 18 FCC Rcd 2018 (2004) (``Auction No. 52 Procedures Public Notice''). See 47 C.F.R. � 1.65. Letter from Margaret W. Wiener, Chief, Auctions and Industry Analysis
• 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
  • payment amounts. One commenter, although agreeing with the current defaulter and former defaulter certification requirement, suggests as an alternative that if a former defaulter has remedied all defaults, cured all outstanding delinquencies and remained debt-free for at least ten years, it only be required to pay the standard upfront payment. However, implementation of this suggestion would require amendment of Section 1.2106(a) of the Commission's rules, which can only be accomplished through a Commission rulemaking proceeding. F. Installment Payments One commenter suggests we allow small businesses to pay for their licenses by making installment payments throughout the eight-year initial license period. In the Part 1 Third Report and Order, the Commission suspended the use of installment payments for the foreseeable future. Accordingly,
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  • licenses removed from the Auction No. 55 inventory for any applicant that had selected such license(s) on its FCC Form 175. Auction of 900 MHz Specialized Mobile Radio Service Licenses Scheduled for February 11, 2004; Revised List of Available Licenses, Public Notice, DA 03-3914, (rel. Dec. 10, 2003) (``Auction No. 55 Revised License Inventory Public Notice''). See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. See also Auction of 900 MHz Specialized Mobile Radio Service Licenses Scheduled for February 11, 2004, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Auction Procedures, Public Notice, DA 03-3235, 18 FCC Rcd 21176, 21191-92 (2003), 68 Fed. Reg. 66100 (Nov. 25, 2003) (``Auction No. 55 Procedures Public Notice''). See 47 C.F.R.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1727A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1727A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1727A1.txt
  • 6:00 p.m. ET. All calls to the FCC Technical Support Hotline are recorded. For additional information, contact the Auctions & Spectrum Access Division: Howard Davenport (regarding legal questions) at (202) 418-0660; Roy Knowles (regarding bidding and auction procedures) at (717) 338-2888; or Barbara Sibert (regarding bidding and general filing status) at (717) 338-2888. - FCC - See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. See also ``Auction of 24 GHz Service Licenses Scheduled for July 28, 2004, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Auction Procedures,'' Public Notice, 19 FCC Rcd. 4355, 4362 (2004) (``Auction No. 56 Procedures Public Notice''). See 47 C.F.R. � 1.65. See Letter from Margaret W. Wiener, Chief, Auctions and Industry
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  • Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's Rules, 47 C.F.R. � 1.2104(g), Comtech is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Comtech's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with Comtech's withdrawal referenced above. To obtain a refund,
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  • Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's Rules, 47 C.F.R. � 1.2104(g), Cellutech is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Cellutech's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with 220 MHz's withdrawal referenced above. To obtain a
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  • Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. � 154(i), 309, and Section 1.2104(g) of the Commission's Rules, 47 C.F.R. � 1.2104(g), Repeater is ASSESSED a final bid withdrawal payment(s) as computed in Attachment A. IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Repeater's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payments. IT IS FURTHER ORDERED, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with Repeater's withdrawal referenced above. To obtain a refund,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2012A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2012A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2012A1.txt
  • Accordingly, IT IS ORDERED that, pursuant to Section 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) the Commission's Rules, 47 C.F.R. � 1.2104(g), Data Radio is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Data Radio's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that Data Radio's debt of $851.00 be paid immediately, in accordance with the payment instructions in Attachment B within 30 days of the date of this letter, and if it is unpaid 30 days
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2121A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2121A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2121A1.txt
  • license BEA 123C, $650.00 for license BEA 126D, $260.00 for license BEA 126E, $3,700.00 for license BEA 130E, $1,170.00 for license BEA 142C, $1,170.00 for license BEA 142D, $130.00 for license BEA 168D, $31,850.00 for license EAG 001G, $5,850.00 for license EAG 004H, totaling $58,040.00, as computed in Attachment A. IT IS FURTHER ORDERED, that, pursuant to Sections 1.2104 and 1.2106 of the Commission's rules, 47 C.F.R. �� 1.2104 and 1.2106, the sum of Net Radio's interim bid withdrawal payments of $11,777.00 will be applied towards the sum of the final bid withdrawal payments of $58,040.00 for its withdrawn bids on the twenty-four 220 MHz licenses from Auction No. 18, leaving Net Radio with a total debt to the Commission in
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  • amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's Rules, 47 C.F.R. � 1.2104(g), Vulcan IS ASSESSED a final bid withdrawal payment of $278,000 as a result of Vulcan's withdrawal of its bid on licenses CMA190-C, CMA389-C, CMA391-C, and CMA392-C as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Vulcan's interim bid withdrawal payment of $28,860 will be applied toward the final bid withdrawal payment for license EAG004F, leaving Vulcan with a debt to the Commission of $249,140. IT IS FURTHER ORDERED that Vulcan's debt of $249,140 be paid immediately, in accordance with the payment instructions in Attachment B within 30 days of the date of this letter, and
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  • to have the Bureau bar certain current licensees from participation in Auction No. 57 and delay the auction until the Bureau grants the relief that Havens requests in his Petition and Request for Stay. Mobex Network Services, LLC filed a Limited Opposition to the Petition. The Bureau will respond to these filings in a separate order. See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. See also ``Automated Maritime Telecommunications system Spectrum Auction Scheduled for September 15, 2004, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Auction Procedures,'' Public Notice, DA 04-1513 (rel. May 26, 2004) (``Auction No. 57 Procedures Public Notice''). See 47 C.F.R. � 1.65. See Letter from Margaret W. Wiener, Chief, Auctions and Industry
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  • of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd at 15317, � 42 (``Order on Reconsideration of the Part 1 Third Report and Order''). 47 C.F.R. � 1.2105(a)(2)(xi); Order on Reconsideration of the Part 1 Third Report and Order, 15 FCC Rcd at 15317, n.142. 47 C.F.R. � 1.2106(a). 47 C.F.R. � 1.2105(a). 47 C.F.R. � 1.2105. Letter from Margaret W. Wiener, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, to Patrick Shannon, Esq., Counsel for Lynch 3G Communications Corporation, DA 03-1944, dated June 13, 2003. Amendment of Part 1 of the Commission's Rules - Competitive Bidding Proceeding, Order, Memorandum Opinion and Order and Notice of Proposed Rule
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  • construction permits. On July 19, 2004, MMTC also filed a motion for stay of Auction No. 37. MMTC requests a stay of Auction No. 37 until the Commission addresses the issues raised in its Application for Review of the Auction No. 37 Procedures Public Notice. The Commission will respond to these filings in a separate order. See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. See also ``Auction of FM Broadcast Construction Permits Scheduled for November 3, 2004, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures,'' Public Notice, DA 04-1699 (rel. June 10, 2004) (``Auction No. 37 Procedures Public Notice''). See 47 C.F.R. � 1.65; 47 C.F.R. � 1.2105(c)(6) (any applicant that makes or receives
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2948A1_Erratum.doc
  • construction permits. On July 19, 2004, MMTC also filed a motion for stay of Auction No. 37. MMTC requests a stay of Auction No. 37 until the Commission addresses the issues raised in its Application for Review of the Auction No. 37 Procedures Public Notice. The Commission will respond to these filings in a separate order. See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. See also ``Auction of FM Broadcast Construction Permits Scheduled for November 3, 2004, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures,'' Public Notice, DA 04-1699 (rel. June 10, 2004) (``Auction No. 37 Procedures Public Notice''). See 47 C.F.R. � 1.65; 47 C.F.R. � 1.2105(c)(6) (any applicant that makes or receives
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit September 14, 2004 DA 04-2975 Mr. Richard Hodson Hodson Broadcasting 520 Monticello Drive Las Vegas, NV 89107-3616 Re: Hodson Broadcasting - Request for Waiver of Section 1.2106(a) Former Defaulter Upfront Payment Requirement For Participation in FM Broadcast Auction No. 37 Dear Mr. Hodson: The Commission has received your application (FCC Form 175) to participate in the upcoming FM Broadcast Auction (``Auction No. 37''). In this letter we address your request for waiver of the requirement that an applicant that has previously been in default on any Commission
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  • the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd. at 15,317, � 42 (``Order on Reconsideration of the Part 1 Third Report and Order''). 47 C.F.R. � 1.2105(a)(2)(xi); Order on Reconsideration of the Part 1 Third Report and Order, 15 FCC Rcd. at 15,317, n. 142. 47 C.F.R. � 1.2106(a). See 47 C.F.R. � 24.839. See id. 47 C.F.R. � 1.2111(d), (e)(2)-(3). Licensees are not subject to unjust enrichment payments for transfer or assignment of licenses won in Auction No. 5 and No. 10. See C/F Block Sixth Report and Order, � 51. 47 C.F.R. � 1.2105(a). 47 C.F.R. � 1.2105; see also Two Way Radio of Carolina, Inc., Memorandum
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  • and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's Rules, 47 C.F.R. � 1.2104(g), Communications Venture PCS, L.P., IS ASSESSED a final bid withdrawal payment of $202,627.50 for license No. BTA233F, as computed in Attachment A. IT IS FURTHER ORDERED, that pursuant to 47 C.F.R �� 1.2104 and 1.2106, the interim bid withdrawal payment of $7,492.50 will be applied towards the final bid withdrawal payment of $202,627.50, leaving Communications Venture PCS, L.P., with a debt to the Commission in the amount of $195,135.00. It is FURTHER ORDERED that Communications Venture PCS, L.P.'s debt of $195,135.00 be paid immediately, in accordance with the payment instructions in Attachment B within 30
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3252A4.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3252A4.txt
  • Public Notice. See "Auction of FM Broadcast Construction Permits; Status of FCC Form 175 Applications to Participate in Auction No. 37," Public Notice, DA 04-2948 (rel. September 13, 2004) ("Auction No. 37 Status Public Notice"). ** The application of William C. Doerner was accepted for filing. The applicant submitted an upfront payment that was timely; however, by operation of Section 1.2106(a) of the Commission's rules, the applicant's bidding eligibility was reduced below the number of bidding units required to bid on any of the licenses selected in its short-form application. As a result, applicant will not be eligible to bid in Auction No. 37.
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  • 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 Act of 1996, which governs the collection of claims owed to the United States.
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  • ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's Rules, 47 C.F.R. �� 1.2104(g), Golden Arrow Paging, Inc. is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Golden Arrow Paging Inc.'s interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that Golden Arrow Paging Inc.'s debt of $81,950.00 be paid immediately, in accordance with the payment instructions in Attachment B within 30 days of the date of this letter, and if it
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  • IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's Rules, 47 C.F.R. �� 1.2104(g), Communications Equipment, Inc. is ASSESSED final bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Communications Equipment, Inc.'s interim bid withdrawal payments or funds on deposit will be applied towards the sum of the final bid withdrawal payments. IT IS FURTHER ORDERED that Communications Equipment, Inc.'s debt of $969.00 be paid immediately, in accordance with the payment instructions in Attachment B within 30 days of the date of this letter, and if it is unpaid
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  • Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's Rules, 47 C.F.R. �� 1.2104(g), Baycom, Inc. is ASSESSED final bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Baycom Inc.'s interim bid withdrawal payments or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that Baycom, Inc.'s debt of $150.00 be paid immediately, in accordance with the payment instructions in Attachment B within 30 days of the date of this letter, and if it is unpaid 30 days
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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 application fees
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  • IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's Rules, 47 C.F.R. �� 1.2104(g), Arthur Nathan Sherman is ASSESSED final bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Arthur Nathan Sherman's interim bid withdrawal payments or funds on deposit will be applied towards the sum of the final bid withdrawal payments. IT IS FURTHER ORDERED that Arthur Nathan Sherman's debt of $1,742.00 be paid immediately, in accordance with the payment instructions in Attachment B within 30 days of the date of this letter, and if it is unpaid
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  • IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's Rules, 47 C.F.R. � 1.2104(g), Nevada Wireless LLC is ASSESSED final bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Nevada Wireless LLC's interim bid withdrawal payments or funds on deposit will be applied towards the sum of the final bid withdrawal payments. IT IS FURTHER ORDERED, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with Nevada Wireless LLC's withdrawals referenced above.
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  • IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) the Commission's Rules, 47 C.F.R. �� 1.2104(g), Select Path Holding, Inc. is ASSESSED final bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Select Path Holding Inc.'s interim bid withdrawal payments or funds on deposit will be applied towards the sum of the final bid withdrawal payments. IT IS FURTHER ORDERED that Select Path Holding Inc.'s debt of $2,330.00 be paid immediately, in accordance with the payment instructions in Attachment B within 30 days of the date of this letter, and if it
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  • 1.106(f) (petitions for reconsideration must be filed within 30 days); see also 47 U.S.C. � 405 (limiting the Commission's power to consider petitions for reconsideration to those filed within 30 days from public notice of the order, decision, report or action complained of). See Part 1 Third Report and Order, 13 FCC Rcd at 434; see also 47 C.F.R. � 1.2106(e) (In the event a payment ``is assessed pursuant to �1.2104 for bid withdrawal or default, upfront payments or down payments on deposit with the Commission will be used to satisfy the bid withdrawal or default payment . . .''); see also 47 C.F.R. � 1.2104, 1.2109, 1.2107 See Letter from Margaret W. Wiener, Chief, Auctions and Industry Analysis Division, to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3886A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3886A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3886A1.txt
  • IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's Rules, 47 C.F.R. �� 1.2104(g), TeleMaxx Communications LLC is ASSESSED final bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, TeleMaxx Communications LLC's interim bid withdrawal payments or funds on deposit will be applied towards the sum of the final bid withdrawal payments. IT IS FURTHER ORDERED that TeleMaxx Communications LLC's debt of $1,152.00 be paid immediately, in accordance with the payment instructions in Attachment B within 30 days of the date of this letter, and if it is unpaid
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3887A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3887A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3887A1.txt
  • IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's Rules, 47 C.F.R. �� 1.2104(g), Milkyway Broadband, LLC is ASSESSED final bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Milkyway Broadband LLC's interim bid withdrawal payments or funds on deposit will be applied towards the sum of the final bid withdrawal payments. IT IS FURTHER ORDERED that Milkyway Broadband LLC's debt of $22,861.00 be paid immediately, in accordance with the payment instructions in Attachment B within 30 days of the date of this letter, and if it is unpaid
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3888A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3888A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3888A1.txt
  • IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's Rules, 47 C.F.R. �� 1.2104(g), BCO, Incorporated is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, BCO, Incorporated's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that BCO, Incorporated's debt of $444.00 be paid immediately, in accordance with the payment instructions in Attachment B within 30 days of the date of this letter, and if it is unpaid 30 days
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3889A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3889A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3889A1.txt
  • pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's Rules, 47 C.F.R. �� 1.2104(g), RCC, Inc. d/b/a Radio Comm Company is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, RCC, Inc. d/b/a Radio Comm Company's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that RCC, Inc. d/b/a Radio Comm Company's debt of $926.00 be paid immediately, in accordance with the payment instructions in Attachment B within 30 days of the date of this
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3918A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3918A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3918A1.txt
  • Division, WTB: For legal questions: Scott Mackoul or Audrey Bashkin at (202) 418-0660 For bidding and auction procedures questions: Jeff Crooks at (202) 418-0660 For bidding and general filing status questions: Lisa Stover at (717) 338-2888 Mobility Division, WTB: For legal and service rule questions: Erin McGrath or Dwain Livingston at (202) 418-0620 - FCC - See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. See also Broadband PCS Spectrum Auction Scheduled for January 12, 2005, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures, Public Notice, 19 FCC Rcd 18190 (WTB 2004) (``Auction No. 58 Procedures Public Notice''). The licenses selected by each applicant are listed in Attachment A as ``OPEN'' or ``CLOSED.'' For the
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  • Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, WT Docket No. 97-82, 15 FCC Rcd 15293, 15317 � 42 (``Order on Reconsideration of the Part 1 Third Report and Order''). 47 C.F.R. � 1.2105(a)(2)(xi); Order on Reconsideration of the Part 1 Third Report and Order, 15 FCC Rcd at 15317 n. 142. 47 C.F.R. � 1.2106(a). 47 C.F.R. � 1.2105(a). 47 C.F.R. � 1.2105; see also Two Way Radio of Carolina, Inc., Memorandum Opinion and Order, 14 FCC Rcd 12035 (1999). Letter from Margaret W. Wiener, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, to Patrick Shannon, Esq., Counsel for Lynch 3G Communications Corporation, 18 FCC Rcd 11552 (2003). Amendment of Part 1 of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-585A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-585A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-585A1.txt
  • 47 C.F.R. � 1.2104(g), Western PCS BTA I Corporation is ASSESSED a final bid withdrawal payment of $331,381 on license BTA 166E, a final bid withdrawal payment of $54,356 on license BTA 199E, and a final bid withdrawal payment of $79,000 on license BTA 301E as computed in Attachment A. IT IS FURTHER ORDERED, that, pursuant to Sections 1.2104 and 1.2106 of the Commission's Rules, 47 C.F.R. �� 1.2104 and 1.2106, Western PCS BTA I Corporation's interim bid withdrawal payments of $15,926, will be applied towards the sum of the final bid withdrawal payment, of $464,737, leaving Western PCS BTA I Corporation with a debt to the Commission of $448,811. It is FURTHER ORDERED that Western PCS BTA I Corporation's debt
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  • the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd at 15317, � 42 (``Order on Reconsideration of the Part 1 Third Report and Order''). 47 C.F.R. � 1.2105(a)(2)(xi); Order on Reconsideration of the Part 1 Third Report and Order, 15 FCC Rcd at 15317, n. 142. 47 C.F.R. � 1.2106(a). 47 C.F.R. � 1.2105(a). 47 C.F.R. � 1.2105; see also Two Way Radio of Carolina, Inc., Memorandum Opinion and Order, 14 FCC Rcd 12035 (1999). Letter from Margaret W. Wiener, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, to Patrick Shannon, Esq., Counsel for Lynch 3G Communications Corporation, 18 FCC Rcd 11552 (2003). Amendment of Part 1 of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-989A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-989A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-989A1.txt
  • 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's Rules, 47 C.F.R. � 1.2104(g), AT&T Wireless PCS, Inc. IS ASSESSED a final bid withdrawal payment of $1,021,000 for license BTA155E, as computed in Attachment A. IT IS FURTHER ORDERED, that pursuant to 47 C.F.R �� 1.2104 and 1.2106, AT&T Wireless PCS, Inc.'s interim bid withdrawal payment of $57,060 will be applied towards the final bid withdrawal payment of $1,021,000, leaving AT&T Wireless PCS, Inc. with a debt to the Commission of $963,940. It is FURTHER ORDERED that AT&T Wireless PCS, Inc.'s debt of $963,940 be paid immediately, in accordance with the payment instructions in Attachment B within 30
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  • n. 142. 47 C.F.R. � 1.2105(a)(2)(x); Amendment of Part 1 of the Commission's Rule - 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 (``Order on Reconsideration of the Part 1 Third Report and Order''). 47 C.F.R. � 1.2106(a). 47 C.F.R. � 1.2105(b)(1); 47 C.F.R. � 1.2105(a)(2)(x); see Part 1 Fifth Report and Order, 15 FCC Rcd at 15317 n.142 (``If any one of an applicant's controlling interests or their affiliates...is in default on any Commission licenses or is delinquent on any non-tax debt owed to any Federal agency at the time the applicant files it[s] Form 175, the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-10A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-10A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-10A1.txt
  • IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's Rules, 47 C.F.R. � 1.2104(g), Scott C. MacIntyre is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Scott C. MacIntyre's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that Scott C. MacIntyre's debt of $74.00 be paid immediately, in accordance with the payment instructions in Attachment B within 30 days of the date of this letter, and if it is unpaid
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  • default on the two FM broadcast construction permits for which it was the high bidder in Auction No. 37 and it is subject to the applicable default payments. Pursuant to Section 1.2104(g)(2) of the Commission's rules, Huryan Family Media owes an initial default payment of $4,290.00, which is three-percent (3%) of its net winning bids of $143,000.00. Pursuant to Section 1.2106(e) of the Commission's rules, we will apply Huryan Family Media's payments on deposit to satisfy this initial default payment obligation. Once subsequent high bids are established for the relevant spectrum, we will determine Huryan Family Media's final default payment obligation. If an additional payment is required, a further order will assess such payment. Ordering Clauses Accordingly, IT IS ORDERED that,
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  • IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), LaGrange is ASSESSED final and interim bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, LaGrange's funds on deposit will be applied towards the sum of the interim and final bid withdrawal payment obligations. IT IS FURTHER ORDERED that LaGrange's debt of $26,630.00 is to be paid immediately, in accordance with the payment instructions in Attachment B within 30 days of the date of this letter, and if it is unpaid 30 days after the
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  • be in default on the two FM broadcast construction permits for which it was the high bidder in Auction No. 37 and it is subject to the applicable default payments. Pursuant to Section 1.2104(g)(2) of the Commission's rules, Spearman owes an initial default payment of $10,035.00, which is three-percent (3%) of its net winning bids of $334,500.00. Pursuant to Section 1.2106(e) of the Commission's rules, we will apply Spearman's payments on deposit to satisfy this initial default payment obligation. Once subsequent high bids are established for the relevant spectrum, we will determine Spearman's final default payment obligation. If an additional payment is required, a further order will assess such payment. Spearman Properties, LLC is in debt to the United States in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-12A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-12A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-12A1.txt
  • IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) the Commission's Rules, 47 C.F.R. � 1.2104(g), TeleBeeper of New Mexico, Inc. is ASSESSED final bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, TeleBeeper of New Mexico, Inc.'s interim bid withdrawal payments or funds on deposit will be applied towards the sum of the final bid withdrawal payments. IT IS FURTHER ORDERED that TeleBeeper of New Mexico, Inc.'s debt of $152,820.00 be paid immediately, in accordance with the payment instructions in Attachment C within 30 days of the date of this letter, and
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  • No. 81 Comment Public Notice. See infra Section II. E. See 47 C.F.R. � 1.2105. 47 C.F.R. � 1.65. See 47 C.F.R. � 1.2105(b)(2). Auction No. 81 Comment Public Notice. See also Auction No. 81 FRN Public Notice. 47 C.F.R. � 1.2105(a)(2)(x) and (xi); Fifth Report and Order, 15 FCC Rcd at 15317 � 42 and n.142. 47 C.F.R. � 1.2106(a). 47 C.F.R. �� 1.2105(a)(2)(x) and (b)(1); see Fifth Report and Order, 15 FCC Rcd at 15317 n.142 (``If any one of an applicant's controlling interests or their affiliates...is in default on any Commission licenses or is delinquent on any non-tax debt owed to any Federal agency at the time the applicant files it[s] Form 175, the applicant will not be
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-13A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-13A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-13A1.txt
  • that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's Rules, 47 C.F.R. � 1.2104(g), Communications Sales and Service, Inc. is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Communications Sales and Service, Inc.'s interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that Communications Sales and Service, Inc.'s debt of $5,034.00 is to be paid immediately, in accordance with the payment instructions in Attachment B within 30 days of the date of this
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  • 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; GENERAL RULES AND REGULATIONS SUBPART B -- ALLOCATION, ASSIGNMENT,
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  • certification requirement, suggests as an alternative that if a former defaulter has cured outstanding infractions and has not been delinquent on any non-tax debt owed to any Federal agency for at least a decade, it should only be required to pay the standard upfront payment. The Bureaus cannot adopt this proposal. Implementation of this suggestion would require amendment of Section 1.2106(a) of the Commission's rules, which can only be accomplished through a Commission rulemaking proceeding. ``Current defaulters'' - i.e., applicants, including their attributable interest holders, that are in default on any payment for Commission licenses (including down payments) or are delinquent on any non-tax debt owed to any Federal agency - are not eligible to bid in Auction No. 62. Applicants
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  • and Spectrum Access Division, WTB: For legal questions: Howard Davenport at (202) 418-0660 For bidding and auction procedures questions: Roy Knowles at (717) 338-2888 For bidding and general filing status questions: Lisa Stover at (717) 338-2888 Mobility Division, WTB: For legal and service rule questions: Erin McGrath or Keith Harper at (202) 418-0620 - FCC - See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. See also ``Auction of Lower 700 MHz Band Licenses Scheduled for July 20, 2005, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures,'' Public Notice, DA 05-737, at 4 (March 22, 2005) (``Auction No. 60 Procedures Public Notice''). See 47 C.F.R. �� 1.65 (an applicant shall maintain the accuracy and completeness
• 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
  • questions: Howard Davenport at (202) 418-0660 For bidding and auction procedures questions: Debbie Smith or Roy Knowles at (717) 338-2888 For bidding and general filing status questions: Barbara Sibert at (717) 338-2888 Public Safety and Critical Infrastructure Division, WTB: For legal and service rule questions: Jeff Tobias or James Shaffer at (202) 418-0680 - FCC - See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. See also ``Auction of Automated Maritime Telecommunications System Licenses Scheduled for August 3, 2005, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures for Auction No. 61,'' Public Notice, DA 05-1047 at 5 (April 21, 2005) (``Auction No. 61 Procedures Public Notice''). See 47 C.F.R. �� 1.65 (an applicant shall maintain
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  • IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g)(2) the Commission's rules, 47 C.F.R. �� 1.2104(g)(2), Citifone PCS, LLC is ASSESSED a final default payment obligation as computed in Attachment A. IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Citifone's interim payments or funds on deposit will be applied towards the sum of the default payment, and the Commission will refund amounts due upon request from the payor of record. IT IS FURTHER ORDERED that this letter shall be sent to the applicant and its representatives by certified mail, return receipt requested. This action is taken pursuant to authority
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  • Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g)(2) the Commission's Rules, 47 C.F.R. � 1.2104(g)(2), TPS Utilicom, Inc. is ASSESSED final default payment obligations as computed in Attachment A. IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, TPS Utilicom, Inc.'s initial payments or funds on deposit will be applied towards the sum of the default payments. IT IS FURTHER ORDERED that this letter shall be sent to the applicant and its representatives by certified mail, return receipt requested. This action is taken pursuant to authority delegated by Section 0.331 of the Commission's rules, 47 C.F.R. � 0.331.
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  • n. 142. 47 C.F.R. � 1.2105(a)(2)(x); Amendment of Part 1 of the Commission's Rule - 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 (``Order on Reconsideration of the Part 1 Third Report and Order''). 47 C.F.R. � 1.2106(a). 47 C.F.R. � 1.2105(b)(1); 47 C.F.R. � 1.2105(a)(2)(x); see Part 1 Fifth Report and Order, 15 FCC Rcd at 15317 n.142 (``If any one of an applicant's controlling interests or their affiliates...is in default on any Commission licenses or is delinquent on any non-tax debt owed to any Federal agency at the time the applicant files it[s] Form 175, the
• 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
  • Division, Wireless Telecommunications Bureau: For legal questions: Lynne Milne at (202) 418-0660 For bidding and auction procedures questions: Jeff Crooks at (202) 418-0660 For bidding and general filing status questions: Linda Sanderson at (717) 338-2888 Video Division, Media Bureau: For legal and service rule questions: Shaun Maher or Hossein Hashemzadeh at (202) 418-1600 - FCC - See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. See also ``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,'' Public Notice, DA 05-1337, at 6 (May 20, 2005) (``Auction No. 81 Procedures Public Notice''). The new entrant bidding credit is not available to an
• 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
  • (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 in
• 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
  • Hotline are recorded. For further information concerning this auction proceeding, contact: Auctions and Spectrum Access Division, Wireless Telecommunications Bureau: For legal questions: Brian Carter at (202) 418-0660 For bidding and auction procedures questions: Debbie Smith or Roy Knowles at (717) 338-2888 For bidding and general filing status questions: Barbara Sibert at (717) 338-2888 - FCC - See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. See also ``Auction of Multichannel Video Distribution and Data Service Licenses Scheduled for December 7, 2005, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedures for Auction No. 63,'' Public Notice, DA 05-2188 at 5 (August 10, 2005) (``Auction No. 63 Procedures Public Notice''). See 47 C.F.R. � 1.65 (an applicant must
• 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
  • of Hurricane Katrina, the Bureaus postponed the beginning of competitive bidding in Auction No. 62 from November 1, 2005, to January 12, 2006, and extended the deadline for upfront payments from September 30, 2005, to December 2, 2005. ``FM Broadcast Auction Start Date Rescheduled for January 12, 2006,'' Public Notice, DA 05-2478 (WTB/MB Sept. 21, 2005). See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. The new entrant bidding credit is 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 any existing media of mass communications in the ``same area'' as the proposed broadcast facility. 47 C.F.R. � 73.5007(b). See 47 C.F.R. � 73.5007(b)(1)-(2) for
• 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
  • encouraged to review the Wireless Telecommunications Bureau's previous guidance on default and delinquency disclosure requirements in the context of the auction short-form application process. For example, it has been determined that to the extent that Commission rules permit late payment of regulatory or application fees accompanied by late fees, such debts will become delinquent for purposes of Sections 1.2105(a) and 1.2106(a) only after the expiration of a final payment deadline. Therefore, with respect to regulatory or application fees, the sanctions Sections 1.2105(a) and 1.2106(a) impose with respect to competitive bidding are limited to circumstances in which the relevant party has not complied with a final Commission payment deadline. The Commission considers outstanding debts owed to the United States Government, in any
• 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
  • at (202) 418-0660 For bidding and auction procedures questions: Debbie Smith or Roy Knowles at (717) 338-2888 For bidding and general filing status questions: Barbara Sibert at (717) 338-2888 Public Safety and Critical Infrastructure Division, WTB: For legal and service rule questions: Stanley Wiggins at (202) 418-0680 or Joan Donmoyer at (717) 338-2646 - FCC - See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. See also Multiple Address Systems Spectrum Auction Scheduled for April 26, 2005, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures for Auction No. 59, Public Notice (DA 04-3985) (rel. December 21, 2004) (``Auction No. 59 Procedures Public Notice''). See 47 C.F.R. � 1.65; 47 C.F.R. � 1.2105(c)(6) (any applicant that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-737A1_Erratum.pdf
  • 70 47 C.F.R. � 1.2105(a)(2)(x); Amendment of Part 1 of the Commission's Rule - 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 ("Order on Reconsideration of the Part 1 Third Report and Order"). 71 47 C.F.R. � 1.2106(a). 72 47 C.F.R. � 1.2105(b)(1); 47 C.F.R. � 1.2105(a)(2)(x); see Part 1 Fifth Report and Order, 15 FCC Rcd at 15317 n.142 ("If any one of an applicant's controlling interests or their affiliates...is in default on any Commission licenses or is delinquent on any non-tax debt owed to any Federal agency at the time the applicant files it[s] Form 175,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-8A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-8A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-8A1.txt
  • pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's Rules, 47 C.F.R. � 1.2104(g), Jim Doering d/b/a J. Doering Communications is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Jim Doering d/b/a J. Doering Communications' interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that Jim Doering d/b/a J. Doering Communications' debt of $810.00 be paid immediately, in accordance with the payment instructions in Attachment B within 30 days of the date of this
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-9A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-9A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-9A1.txt
  • IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Sections 1.2104(g) the Commission's Rules, 47 C.F.R. � 1.2104(g), Robert J. Fetterman is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Robert J. Fetterman's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that Robert J. Fetterman's debt of $251.00 be paid immediately, in accordance with the payment instructions in Attachment B within 30 days of the date of this letter, and if it is unpaid
• 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
  • Minimum Opening Bids, Upfront Payments and Other Procedures for Auction No. 66,'' Public Notice, 21 FCC Rcd 4562 (2006) (``Auction No. 66 Procedures Public Notice''); see also ``Auction of Advanced Wireless Services Licenses Rescheduled for August 9, 2006; Revised Schedule, Filing Requirements and Supplemental Procedures for Auction No. 66,'' Public Notice, 21 FCC Rcd 5598 (2006). See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65 (an applicant must maintain the accuracy and completeness of information furnished in its pending application and notify the Commission within 30 days of any substantial change that may be of decisional significance to that application). See 47 C.F.R. �� 1.2107 - 1.2110; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1534A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1534A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1534A1.txt
  • that Sierra Tel Internet would have submitted its upfront payment ``if not for all of the extenuating circumstances in [your] personal life.'' We find that Sierra Tel Internet had adequate opportunity to comply with the deadline. In light of the public interest in predictable and consistent application of Commission rules and procedures, we deny the requested waiver. Pursuant to Section 1.2106(a) of its rules, the Commission released a Public Notice on May 19, 2006, establishing a July 17, 2006, 6 pm ET deadline for payments by wire transfer of upfront payments by applicants to participate in Auction No. 66. The Commission stated that ``[t]hose wishing to participate in Auction No. 66 must: . . . [s]ubmit a sufficient upfront payment and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1949A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1949A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1949A1.txt
  • are encouraged to review the Wireless Telecommunications Bureau's previous guidance on default and delinquency disclosure requirements in the context of the short-form application process. For example, it has been determined that to the extent that Commission rules permit late payment of regulatory or application fees accompanied by late fees, such debts will become delinquent for purposes of Sections 1.2105(a) and 1.2106(a) only after the expiration of a final payment deadline. Therefore, with respect to regulatory or application fees, the provisions of Sections 1.2105(a) and 1.2106(a) regarding default and delinquency in connection with competitive bidding are limited to circumstances in which the relevant party has not complied with a final Commission payment deadline. The Commission considers outstanding debts owed to the United
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2014A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2014A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2014A1.txt
  • 69. Applicants are encouraged to review the Bureau's previous guidance on default and delinquency disclosure requirements in the context of the short-form application process. For example, it has been determined that to the extent that Commission rules permit late payment of regulatory or application fees accompanied by late fees, such debts will become delinquent for purposes of Sections 1.2105(a) and 1.2106(a) only after the expiration of a final payment deadline. Therefore, with respect to regulatory or application fees, the provisions of Sections 1.2105(a) and 1.2106(a) regarding default and delinquency in connection with competitive bidding are limited to circumstances in which the relevant party has not complied with a final Commission payment deadline. The Commission considers outstanding debts owed to the United
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2122A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2122A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2122A1.txt
  • IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), 1001 Lockwood, Inc. is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, 1001 Lockwood, Inc.'s interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with 1001 Lockwood, Inc.'s withdrawal referenced
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  • of the Commission's receipt of the ACH form and accompanying letter from the payor of record. - FCC- Implementation of Section 309(j) of the Communications Act-Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5563 at n. 51 (1994); C.H. PCS, Inc., 11 FCC Rcd 14495 (1996) (requiring a three percent deposit). 47 C.F.R. � 1.2106(d) and (e). 47 C.F.R. � 1.2104(g)(1). 47 C.F.R. � 1.2104(g)(1). See Entertainment Unlimited, Inc., Request for Refund of Late Payment Fees for PCS Licenses Purchased in Auction No. 22, Memorandum Opinion and Order, 16 FCC Rcd. 10,030 (2001) (noting that the Commission does not accept instructions regarding the refund of excess upfront payments from entities or individuals other than the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2124A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2124A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2124A1.txt
  • IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), AAA Mid Atlantic is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, AAA Mid Atlantic's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with AAA Mid Atlantic's withdrawal referenced
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2125A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2125A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2125A1.txt
  • IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), ABS LMDS Venture is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, ABS LMDS Venture's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with ABS LMDS Venture's withdrawal referenced
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2126A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2126A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2126A1.txt
  • IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Advance Acquisition, Inc. is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Advance Acquisition, Inc.'s interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that Advance Acquisition, Inc.'s debt of $4,410,500.00 be paid immediately, in accordance with the payment instructions in Attachment B, within 30 days of the date of this letter, and if it is unpaid
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2127A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2127A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2127A1.txt
  • IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Airen Broadcasting Company is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Airen Broadcasting Company's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that Airen Broadcasting Company's debt of $14,782.00 be paid immediately, in accordance with the payment instructions in Attachment B, within 30 days of the date of this letter, and if it is unpaid
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2128A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2128A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2128A1.txt
  • IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Alpha Communications Sites, Inc., is ASSESSED final bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Alpha Communications Sites, Inc., interim bid withdrawal payments or funds on deposit will be applied towards the sum of the final bid withdrawal payments. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with Alpha Communications Sites, Inc.,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2129A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2129A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2129A1.txt
  • IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Arthur R. Patrick is ASSESSED final bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Arthur R. Patrick's interim bid withdrawal payments or funds on deposit will be applied towards the sum of the final bid withdrawal payments. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with Arthur R. Patrick's withdrawal referenced
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2130A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2130A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2130A1.txt
  • ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Mr. Steven R. Bartholomew is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Mr. Steven R. Bartholomew's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with Mr. Steven R. Bartholomew's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2131A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2131A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2131A1.txt
  • IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Bigglesworth Broadcasting, LLC is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Bigglesworth Broadcasting, LLC's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that Bigglesworth Broadcasting, LLC's debt of $582,937.00 be paid immediately, in accordance with the payment instructions in Attachment B, within 30 days of the date of this letter, and if it is unpaid
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2132A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2132A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2132A1.txt
  • IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Bob Jacobson is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Bob Jacobson's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with Bob Jacobson's withdrawal referenced above. To
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2133A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2133A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2133A1.txt
  • Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Bobier is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Bobier's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with Bobier's withdrawal referenced above. To obtain a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2134A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2134A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2134A1.txt
  • ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Cable & Communications Corporation is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Cable & Communications Corporation's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with Cable & Communications Corporation's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2135A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2135A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2135A1.txt
  • IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Catfish Communications, L.L.C. is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Catfish Communications, L.L.C.'s interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with Catfish Communications, L.L.C.'s withdrawal referenced
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2136A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2136A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2136A1.txt
  • IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Mr. Salvador Ceja is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Mr. Salvador Ceja's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with Mr. Salvador Ceja's withdrawal referenced
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2137A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2137A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2137A1.txt
  • IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), College Creek Broadcasting, Inc. is ASSESSED final bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, College Creek Broadcasting, Inc.'s interim bid withdrawal payments or funds on deposit will be applied towards the sum of the final bid withdrawal payments. IT IS FURTHER ORDERED that College Creek Broadcasting, Inc.'s debt of $1,388,050.00 be paid immediately, in accordance with the payment instructions in Attachment B, within 30 days of the date of this letter, and if it
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2139A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2139A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2139A1.txt
  • IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Cumulus Licensing LLC is ASSESSED final bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Cumulus Licensing LLC's interim bid withdrawal payments or funds on deposit will be applied towards the sum of the final bid withdrawal payments. IT IS FURTHER ORDERED that Cumulus Licensing LLC's debt of $1,232,980.00 be paid immediately, in accordance with the payment instructions in Attachment B, within 30 days of the date of this letter, and if it is unpaid
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2140A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2140A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2140A1.txt
  • IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), DTV Norwich, LLC is ASSESSED final bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, DTV Norwich, LLC's interim bid withdrawal payments or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, DTV Norwich, LLC's debt of $833,350.00 be paid immediately, in accordance with the payment instructions in Attachment B, within 30 days of the date of this letter, and if it is unpaid
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2141A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2141A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2141A1.txt
  • IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Eclipse Communications Corporation is ASSESSED final bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Eclipse Communications Corporation's interim bid withdrawal payments or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with Eclipse Communications Corporation's withdrawals referenced
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2142A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2142A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2142A1.txt
  • IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), ENMR Telephone Cooperative, Inc. is ASSESSED final bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, ENMR Telephone Cooperative, Inc.'s interim bid withdrawal payments or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with ENMR Telephone Cooperative, Inc.'s
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2143A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2143A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2143A1.txt
  • Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), FCCA, LLC is ASSESSED final bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, FCCA, LLC's interim bid withdrawal payments or funds on deposit will be applied towards the sum of the final bid withdrawal payments. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with FCCA, LLC's withdrawal referenced above. To
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2144A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2144A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2144A1.txt
  • IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), FCR, Inc. is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, FCR, Inc.'s interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with FCR, Inc.'s withdrawal referenced above. To
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2145A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2145A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2145A1.txt
  • IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Fields Pond Group is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Fields Pond Group's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with Fields Pond Group's withdrawal referenced
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2146A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2146A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2146A1.txt
  • IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Bruce E. Fox is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Bruce E. Fox's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, Bruce E. Fox's debt of $418.00 be paid immediately, in accordance with the payment instructions in Attachment B, within 30 days of the date of this letter, and if it is unpaid
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2147A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2147A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2147A1.txt
  • IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Glenn W. Ishihara is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Glenn W. Ishihara's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with Glenn W. Ishihara's withdrawal referenced
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2148A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2148A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2148A1.txt
  • ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Global Telecommunications International, Inc. is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Global Telecommunications International, Inc.'s interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with Global Telecommunications International, Inc.'s
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2149A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2149A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2149A1.txt
  • IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Highspeed.com LLC is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Highspeed.com LLC's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with Highspeed.com LLC's withdrawal referenced above. To
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2150A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2150A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2150A1.txt
  • IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Hispanic Target Media, Inc. is ASSESSED final bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Hispanic Target Media, Inc.'s interim bid withdrawal payments or funds on deposit will be applied towards the sum of the final bid withdrawal payments. IT IS FURTHER ORDERED that Hispanic Target Media, Inc.'s debt of $233,408.00 be paid immediately, in accordance with the payment instructions in Attachment B, within 30 days of the date of this letter, and if it
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2151A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2151A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2151A1.txt
  • Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Kathleen Janssen is ASSESSED final bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Kathleen Janssen's interim bid withdrawal payments or funds on deposit will be applied towards the sum of the final bid withdrawal payments. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with Kathleen Janssen's withdrawal referenced above. To
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2152A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2152A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2152A1.txt
  • IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), JPJ Electronic is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, JPJ Electronic's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with JPJ Electronic's withdrawal referenced above. To
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2153A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2153A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2153A1.txt
  • ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), JSM Net Link, LLC is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, JSM Net Link, LLC's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with JSM Net Link, LLC's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2154A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2154A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2154A1.txt
  • IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Kemp Communications, Inc. is ASSESSED final bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Kemp Communications, Inc.'s interim bid withdrawal payments or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that Kemp Communications, Inc.'s debt of $23,606.00 be paid immediately, in accordance with the payment instructions in Attachment B, within 30 days of the date of this letter, and if it is unpaid
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2155A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2155A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2155A1.txt
  • IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), LaGrange Broadcasting Corporation is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, LaGrange Broadcasting Corporation's funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that LaGrange Broadcasting Corporation's debt of $28,870.00 is to be paid immediately, in accordance with the payment instructions in Attachment B, within 30 days of the date of this letter, and if it is unpaid 30 days after
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2156A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2156A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2156A1.txt
  • IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Lemar D. Van Heuvein is ASSESSED final bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Lemar D. Van Heuvein's interim bid withdrawal payments or funds on deposit will be applied towards the sum of the final bid withdrawal payments. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with Lemar D. Van Heuvein's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2157A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2157A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2157A1.txt
  • pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Linda Sue and Herschel Bruce Williamson are ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Linda Sue and Herschel Bruce Williamson`s interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with Linda Sue
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2158A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2158A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2158A1.txt
  • IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Barry P. Lunderville is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, your interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that Barry P. Lunderville's debt of $231,340.00 be paid immediately, in accordance with the payment instructions in Attachment B, within 30 days of the date of this letter, and if it is unpaid 30 days
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2159A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2159A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2159A1.txt
  • that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), McBride Spectrum Partners II, LLC is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, McBride Spectrum Partners II, LLC's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with McBride Spectrum Partners
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2160A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2160A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2160A1.txt
  • IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Joseph B. McNeal is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Joseph B. McNeal's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with Joseph B. McNeal's withdrawal referenced
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2161A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2161A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2161A1.txt
  • Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Mobile is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Mobile's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with Mobile's withdrawal referenced above. To obtain a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2162A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2162A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2162A1.txt
  • ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Nassau Broadcasting Holdings, Inc. is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Nassau Broadcasting Holdings, Inc.'s interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that Nassau Broadcasting Holdings, Inc.'s debt of $601,340.00 be paid immediately, in accordance with the payment instructions in Attachment B, within 30 days of the date of this letter, and if it
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2163A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2163A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2163A1.txt
  • IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Communication Specialists Inc. is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Communication Specialists Inc.'s interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, Communication Specialists Inc.'s debt of $60,794.00 be paid immediately, in accordance with the payment instructions in Attachment B, within 30 days of the date of this letter, and if it is unpaid
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2164A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2164A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2164A1.txt
  • Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), NEP, LLC is ASSESSED final bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, NEP, LLC's interim bid withdrawal payments or funds on deposit will be applied towards the sum of the final bid withdrawal payments. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with NEP, LLC's, withdrawals referenced above. To
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2165A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2165A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2165A1.txt
  • that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), New Mexico RSA 6-III Partnership is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, New Mexico RSA 6-III Partnership's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with New Mexico RSA
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2166A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2166A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2166A1.txt
  • Clauses Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), NUCOM is ASSESSED final bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, NUCOM's interim bid withdrawal payments or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with NUCOM's withdrawals referenced above. To obtain a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2167A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2167A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2167A1.txt
  • IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Richard L. Oberdorfer, is ASSESSED final bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Richard L. Oberdorfer's interim bid withdrawal payments or funds on deposit will be applied towards the sum of the final bid withdrawal payments. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with Richard L. Oberdorfer's withdrawal referenced
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2168A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2168A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2168A1.txt
  • IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Paging Systems, Inc. is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Paging Systems, Inc.'s interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with Paging Systems, Inc.'s withdrawal referenced
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2169A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2169A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2169A1.txt
  • IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Pegasus PCS Partners, L.P. is ASSESSED final bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Pegasus PCS Partners, L.P.'s interim bid withdrawal payments or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with Pegasus PCS Partners, L.P.'s
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2170A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2170A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2170A1.txt
  • Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Pioneer is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Pioneer's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with Pioneer's withdrawal referenced above. To obtain a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2171A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2171A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2171A1.txt
  • IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Progeny LMS, LLC is ASSESSED final bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Progeny's interim bid withdrawal payments or funds on deposit will be applied towards the sum of the final bid withdrawal payments. IT IS FURTHER ORDERED that Progeny's debt of $1,651.00 be paid immediately, in accordance with the payment instructions in Attachment B, within 30 days of the date of this letter, and if it is unpaid 30 days after the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2172A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2172A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2172A1.txt
  • IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Karl Rinker is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Karl Rinker's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with Karl Rinker's withdrawal referenced above. To
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2173A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2173A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2173A1.txt
  • ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Space Data Spectrum Holdings, LLC is ASSESSED final bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Space Data Spectrum Holdings, LLC's interim bid withdrawal payments or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that Space Data Spectrum Holdings, LLC's debt of $7,381.00 is to be paid immediately, in accordance with the payment instructions in Attachment B, within 30 days of the date of this
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2174A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2174A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2174A1.txt
  • IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), SKSW LMDS Venture is ASSESSED final bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, SKSW LMDS Venture's interim bid withdrawal payments or funds on deposit will be applied towards the sum of the final bid withdrawal payments. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with SKSW LMDS Venture's withdrawals referenced
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2175A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2175A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2175A1.txt
  • IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Superior Technologies, Inc. is ASSESSED final bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Superior Technologies, Inc.'s interim bid withdrawal payments or funds on deposit will be applied towards the sum of the final bid withdrawal payments. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with Superior Technologies, Inc.'s withdrawal referenced
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2176A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2176A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2176A1.txt
  • ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Ben Tunis Company, Inc. is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Ben Tunis Company, Inc.'s interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with Ben Tunis Company, Inc.'s
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2177A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2177A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2177A1.txt
  • Clauses Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's Rules, 47 C.F.R. � 1.2104(g), Viacel is ASSESSED final bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Viacel's interim bid withdrawal payments or funds on deposit will be applied towards the sum of the final bid withdrawal payments. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with Viacel's withdrawal referenced above. To obtain a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2178A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2178A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2178A1.txt
  • that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), XIT Telecommunications & Technology, Ltd. is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, XIT Telecommunications & Technology, Ltd.'s interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with XIT Telecommunications &
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2248A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2248A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2248A1.txt
  • are encouraged to review the Wireless Telecommunications Bureau's previous guidance on default and delinquency disclosure requirements in the context of the short-form application process. For example, it has been determined that to the extent that Commission rules permit late payment of regulatory or application fees accompanied by late fees, such debts will become delinquent for purposes of Sections 1.2105(a) and 1.2106(a) only after the expiration of a final payment deadline. Therefore, with respect to regulatory or application fees, the provisions of Sections 1.2105(a) and 1.2106(a) regarding default and delinquency in connection with competitive bidding are limited to circumstances in which the relevant party has not complied with a final Commission payment deadline. The Commission considers outstanding debts owed to the United
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2300A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2300A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2300A1.txt
  • 10, 2006 deadline. Therefore, you are considered to be in default on the FM broadcast construction permit for which you were the high bidder in Auction No. 62, and you are subject to the applicable default payment. Accordingly, you owe an interim default payment of three-percent (3%) of the net winning bid of $267,150.00, which is $8,014.50. Pursuant to Section 1.2106(e) of the Commission's rules, we will apply your payment on deposit to satisfy this interim default payment obligation. Once a subsequent high bid is established for the relevant spectrum, we will determine your final default payment obligation. If an additional payment is required, a further order will assess such payment. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to Sections
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2383A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2383A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2383A1.txt
  • applicant's qualifications to hold a license or entitlement to a bidding credit. 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. See generally 47 C.F.R. � 1.2109. See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65 (an applicant must maintain the accuracy and completeness of information furnished in its pending application and notify the Commission within 30 days of any substantial change that may be of decisional significance to that application), 47 C.F.R. � 1.2105(c)(6) (any applicant that makes or receives a prohibited communication must report such communication in writing to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-281A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-281A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-281A1.txt
  • Requirements, Minimum Opening Bids, Upfront Payments and Other Procedures for Auction No. 64,'' Public Notice, 20 FCC Rcd 18097 (WTB/MB 2005) (``Auction No. 64 Procedures Public Notice"). This public notice explained that the Jackson, Mississippi construction permit is "closed" so that selection on the short-form application was restricted to five applicants specified in the public notice. See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. The new entrant bidding credit is 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 media of mass communications, or in any existing media of mass communications in the ``same area'' as the proposed broadcast facility. 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-299A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-299A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-299A1.txt
  • 65. Applicants are encouraged to review the Bureau's previous guidance on default and delinquency disclosure requirements in the context of the short-form application process. For example, it has been determined that to the extent that Commission rules permit late payment of regulatory or application fees accompanied by late fees, such debts will become delinquent for purposes of Sections 1.2105(a) and 1.2106(a) only after the expiration of a final payment deadline. Therefore, with respect to regulatory or application fees, the sanctions Sections 1.2105(a) and 1.2106(a) impose with respect to competitive bidding are limited to circumstances in which the relevant party has not complied with a final Commission payment deadline. The Commission considers outstanding debts owed to the United States Government, in any
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-3A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-3A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-3A1.txt
  • that in the past have defaulted on any Commission licenses or been delinquent on any non-tax debt owed to any Federal agency, but that have since remedied all such defaults and cured all of their outstanding non-tax delinquencies - are required to pay upfront payments that are fifty percent more than the normal upfront payment amounts. See 47 C.F.R. � 1.2106(a). The activity rules in most FCC auctions require that bidders be active on a certain percentage of their eligibility, and the required percentage increases one or more times during the auction in a series of stages. The requirement proposed here corresponds to a single stage auction with a 100 percent activity requirement. As also explained above, 100,000 bidding units of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-701A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-701A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-701A1.txt
  • and Other Procedures for Auction No. 65,'' Public Notice, DA 06-299 (rel. Feb. 21, 2006) (``Auction No. 65 Procedures Public Notice"); see also ``Auction of 800 MHz Air-Ground Radiotelephone Service Licenses Scheduled For May 10, 2006, Additional Default Payment of 20 Percent Will Apply to Auction No. 65,'' Public Notice, DA 06-588 (rel. March 20, 2006). See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. See 47 C.F.R. � 1.65 (an applicant must maintain the accuracy and completeness of information furnished in its pending application and notify the Commission within 30 days of any substantial change that may be of decisional significance to that application), 47 C.F.R. � 1.2105(c)(6) (any applicant that makes or receives a prohibited communication must report
• 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
  • encouraged to review the Wireless Telecommunications Bureau's previous guidance on default and delinquency disclosure requirements in the context of the auction short-form application process. For example, it has been determined that to the extent that Commission rules permit late payment of regulatory or application fees accompanied by late fees, such debts will become delinquent for purposes of Sections 1.2105(a) and 1.2106(a) only after the expiration of a final payment deadline. Therefore, with respect to regulatory or application fees, the sanctions Sections 1.2105(a) and 1.2106(a) impose with respect to competitive bidding are limited to circumstances in which the relevant party has not complied with a final Commission payment deadline. The Commission considers outstanding debts owed to the United States Government, in any
• 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
  • applicant's qualifications to hold a license or entitlement to a bidding credit. 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. See generally 47 C.F.R. � 1.2109. See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65 (an applicant must maintain the accuracy and completeness of information furnished in its pending application and notify the Commission within 30 days of any substantial change that may be of decisional significance to that application), 47 C.F.R. � 1.2105(c)(6) (any applicant that makes or receives a prohibited communication must report such communication in writing to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1731A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1731A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1731A1.txt
  • IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g)(2) of the Commission's rules, 47 C.F.R. � 1.2104(g)(2), In Vibration, Inc. is ASSESSED final default payment obligations as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, In Vibration's interim payments or funds on deposit will be applied towards the sum of the default payments. IT IS FURTHER ORDERED that In Vibration's debt of $525,503.50 be paid immediately, in accordance with the payment instructions in Attachment B, within 30 days of the date of this letter, and if it is unpaid 30 days after the date of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1735A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1735A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1735A1.txt
  • IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g)(2) of the Commission's rules, 47 C.F.R. � 1.2104(g)(2), Spearman Properties, LLC is ASSESSED final default payment obligations as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Spearman Properties, LLC's interim payments or funds on deposit will be applied towards the sum of the default payments. IT IS FURTHER ORDERED that Spearman Properties, LLC's debt of $163,334.50 be paid immediately, in accordance with the payment instructions in Attachment B, within 30 days of the date of this letter, and if it is unpaid 30 days after the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1736A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1736A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1736A1.txt
  • IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Steven R. Bartholomew is ASSESSED final bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Steven R. Bartholomew's interim bid withdrawal payments or funds on deposit will be applied towards the sum of the final bid withdrawal payments. IT IS FURTHER ORDERED that Steven R. Bartholomew's debt of $1,413.00 be paid immediately, in accordance with the payment instructions in Attachment B, within 30 days of the date of this letter, and if it is unpaid
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1737A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1737A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1737A1.txt
  • IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Radioactive, LLC is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Radioactive, LLC's interim bid withdrawal payment or funds on deposit will be applied towards the final bid withdrawal payment. IT IS FURTHER ORDERED that Radioactive, LLC's debt of $211,820.00 be paid immediately, in accordance with the payment instructions in Attachment B, within 30 days of the date of this letter, and if it is unpaid 30 days after the date
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1738A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1738A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1738A1.txt
  • IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Visionary Related Entertainment, LLC is ASSESSED final bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Visionary Related Entertainment, LLC's interim bid withdrawal payments or funds on deposit will be applied towards the sum of the final bid withdrawal payments. IT IS FURTHER ORDERED that Visionary Related Entertainment, LLC's debt of $590,720.00 be paid immediately, in accordance with the payment instructions in Attachment B, within 30 days of the date of this letter, and if it
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1739A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1739A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1739A1.txt
  • IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Salvador G. Ceja is ASSESSED final bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Salvador G. Ceja's interim bid withdrawal payments or funds on deposit will be applied towards the sum of the final bid withdrawal payments. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with Salvador G. Ceja's withdrawals referenced
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1740A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1740A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1740A1.txt
  • ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Tower Investment Trust, Inc. is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Tower Investment Trust, Inc.'s interim bid withdrawal payment or funds on deposit will be applied towards the final bid withdrawal payment. IT IS FURTHER ORDERED that Tower Investment Trust, Inc.'s debt of $245,323.50 be paid immediately, in accordance with the payment instructions in Attachment B, within 30 days of the date of this letter, and if it is unpaid 30
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1742A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1742A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1742A1.txt
  • IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Wilber Johnson is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Wilber Johnson's interim bid withdrawal payment or funds on deposit will be applied towards the final bid withdrawal payment. IT IS FURTHER ORDERED that Wilber Johnson's debt of $22,344.00 be paid immediately, in accordance with the payment instructions in Attachment B, within 30 days of the date of this letter, and if it is unpaid 30 days after the date
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1743A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1743A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1743A1.txt
  • IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g)(2) of the Commission's rules, 47 C.F.R. � 1.2104(g)(2), Huryan Family Media, LLC is ASSESSED final default payment obligations as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Huryan Family Media, LLC's interim payments or funds on deposit will be applied towards the sum of the default payments. IT IS FURTHER ORDERED that Huryan Family Media, LLC's debt of $10,150.00 be paid immediately, in accordance with the payment instructions in Attachment B, within 30 days of the date of this letter, and if it is unpaid 30 days
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1744A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1744A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1744A1.txt
  • IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Kemp Communications, Inc. is ASSESSED final bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Kemp Communications, Inc.'s interim bid withdrawal payments or funds on deposit will be applied towards the sum of the final bid withdrawal payments. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with Kemp Communications, Inc.'s withdrawals referenced
• 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
  • 06-170, Public Notice, 21 FCC Rcd 12957 (MB/WTB 2006) (``Auction No. 70 Procedures Public Notice"). A summary of this public notice appears at 71 Fed. Reg. 68613 (Nov. 27, 2006). See also Removal of FM Broadcast Construction Permit from Auction No. 70, AU 06-170, Public Notice, DA 06-2466, 2006 WL 3511984 (F.C.C.) (WTB/MB Dec. 5, 2006). See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65 (an applicant must maintain the accuracy and completeness of information furnished in its pending application and notify the Commission within 30 days of any substantial change to that application that may be of decisional significance), 47 C.F.R. � 1.2105(c)(6) (any applicant that makes or receives a prohibited communication must report such communication in writing to
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  • applicant's qualifications to hold a license or entitlement to a bidding credit. 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. See generally 47 C.F.R. � 1.2109. See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65 (an applicant must maintain the accuracy and completeness of information furnished in its pending application and notify the Commission within 30 days of any substantial change that may be of decisional significance to that application), 47 C.F.R. � 1.2105(c)(6) (any applicant that makes or receives a prohibited communication must report such communication in writing to
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  • be dismissed, and it will be liable for the applicable default payment obligations specified in 47 C.F.R. � 1.2104(g). Although we cannot determine Kankakee's total default payment at this time, we will assess an interim default payment owed by Kankakee, amounting to three percent of its defaulted net high bid for the Culver construction permit, or $10,620.00. Pursuant to Section 1.2106(e) of the Commission's rules, we will apply Kankakee's payment on deposit to satisfy this interim default payment obligation. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. 47 U.S.C. �� 154(i) and 309, and Section 1.3 of the Commission's Rules, 47 C.F.R. � 1.3, that Kankakee Valley
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2A1.txt
  • applicant's qualifications to hold a license or entitlement to a bidding credit. 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. See generally 47 C.F.R. � 1.2109. See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65 (an applicant must maintain the accuracy and completeness of information furnished in its pending application and notify the Commission within 30 days of any substantial change that may be of decisional significance to that application), 47 C.F.R. � 1.2105(c)(6) (any applicant that makes or receives a prohibited communication must report such communication in writing to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-30A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-30A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-30A1.txt
  • 71. Applicants are encouraged to review the Bureau's previous guidance on default and delinquency disclosure requirements in the context of the short-form application process. For example, it has been determined that to the extent that Commission rules permit late payment of regulatory or application fees accompanied by late fees, such debts will become delinquent for purposes of Sections 1.2105(a) and 1.2106(a) only after the expiration of a final payment deadline. Therefore, with respect to regulatory or application fees, the provisions of Sections 1.2105(a) and 1.2106(a) regarding default and delinquency in connection with competitive bidding are limited to circumstances in which the relevant party has not complied with a final Commission payment deadline. The Commission considers outstanding debts owed to the United
• 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
  • interests, that in the past have defaulted on any Commission licenses or been delinquent on any non-tax debt owed to any Federal agency, but that have since remedied all such defaults and cured all of their outstanding non-tax delinquencies - are required to pay upfront payments that are fifty percent more than the normal upfront payment amounts. 47 C.F.R. � 1.2106(a). See Section IV.C.6. ``Provisionally Winning Bids,'' below. See Section IV.C.3. ``Activity Rule Waivers and Reducing Eligibility,'' below. For example, when monitoring activity for determining when to change stages, the Bureau may consider the percentage of bidding units of the licenses receiving new provisionally winning bids, excluding any FCC-held licenses. In past auctions, the Bureau has generally changed stages when this
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  • on FM broadcast construction permit FM269 for which it was the high bidder in Auction No. 37, its long-form application is dismissed, and it is subject to the applicable default payment. Pursuant to Section 1.2104(g)(2) of the Rules, College owes an interim default payment of $10,800, which is three-percent (3%) of its net winning bid of $360,000. Pursuant to Section 1.2106(e) of the Rules, we will apply College's payment on deposit to satisfy this interim default payment obligation. Once a subsequent high bid is established for the relevant spectrum, we will determine College's final default payment obligation. If an additional payment is required, a further order will assess such payment. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to Sections 4(i)
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  • all twenty-two licenses for which it was the high bidder in Auction No. 40, its long-form applications are dismissed, and it is subject to the applicable default payments. Pursuant to Section 1.2104(g)(2) of the Rules, Golden Arrow owes interim default payments totaling $1,770.00 which is three-percent (3%) of the total of its net winning bids of $59,000.00. Pursuant to Section 1.2106(e) of the Rules, we will apply Golden Arrow's funds on deposit to satisfy the interim default payment obligations. Once subsequent high bids are established for the relevant spectrum, we will determine Golden Arrow's final default payment obligations. If additional payments are required, a further order will assess such payments. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to Sections 4(i)
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  • - 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, 15 FCC Rcd at 15317 � 42 and n.142 (2000) (modified by Erratum, DA 00-2475 (WTB Nov. 3, 2000)) (``Fifth Report and Order''). See 47 C.F.R. � 1.2106(a). If the applicant, an affiliate of the applicant, a controlling interest of the applicant, or an affiliate of a controlling interest are in default on any payment for any Commission construction permit or license or are delinquent on any non-tax debt owed to any Federal agency as of the short-form application filing deadline, the applicant will not be eligible to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3801A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3801A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3801A1.txt
  • IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g)(2) the Commission's rules, 47 C.F.R. � 1.2104(g)(2), TPS Utilicom, Inc. is ASSESSED a final default payment obligation as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, TPS Utilicom, Inc.'s interim payment or funds on deposit will be applied towards the default payment. IT IS FURTHER ORDERED that TPS Utilicom, Inc.'s debt of $1,084,753.70 be paid immediately, in accordance with the payment instructions in Attachment B, within 30 days of the date of this letter, and if it is unpaid 30 days after the date of this
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  • ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. � 1.2104(g), Spotlight Media Corp., Inc. is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Spotlight Media Corp., Inc.'s interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with Spotlight Media Corp., Inc.'s
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  • IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. �� 1.2104(g), Punxsutawney Communications, LLC is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Punxsutawney Communications, LLC's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that Punxsutawney Communications, LLC's debt of $414,892.00 be paid immediately, in accordance with the payment instructions in Attachment B within 30 days of the date of this letter, and if it is unpaid
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  • to be in default on the FM broadcast construction permit FM598-A for which you were the high bidder in Auction No. 70 and are subject to the applicable default payment. Pursuant to Section 1.2104(g)(2) of the Rules, you owe an interim default payment of $6,240.00, which is twenty percent (20%) of your net winning bid of $31,200.00. Pursuant to Section 1.2106(e) of the Rules, we will apply your payments on deposit to satisfy this interim default payment obligation. Once a subsequent high bid is established for the relevant spectrum, we will determine your final default payment obligation. If an additional payment is required, a further order will assess such payment. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to Sections 4(i)
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  • considered to be in default on FM broadcast construction permit FM543-A for which it was the high bidder in Auction No. 70 and is subject to the applicable default payment. Pursuant to Section 1.2104(g)(2) of the Rules, Bramah owes an interim default payment of $22,800.00, which is twenty percent (20%) of its net winning bid of $114,000.00. Pursuant to Section 1.2106(e) of the Rules, we will apply Bramah's down payment on deposit to satisfy this interim default payment obligation. Once a subsequent high bid is established for the relevant spectrum, we will determine Bramah's final default payment obligation. If an additional payment is required, a further order will assess such payment. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to Sections
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  • Accordingly, Colorado is considered to be in default on BEA141FE for which it was the high bidder in Auction No. 48 and it is subject to the applicable default payment. Pursuant to Section 1.2104(g)(2) of the Commission's rules, Colorado owes an interim default payment of $565.50, which is three-percent (3%) of its net winning bid of $18,850.00. Pursuant to Section 1.2106(e) of the Commission's rules, we will apply Colorado's payments on deposit to satisfy this interim default payment obligation. Once a subsequent high bid is established for the relevant spectrum, we will determine Colorado's final default payment obligation. If an additional payment is required, a further order will assess such payment. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to Sections
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  • 76. Applicants are encouraged to review the Bureau's previous guidance on default and delinquency disclosure requirements in the context of the short-form application process. For example, it has been determined that to the extent that Commission rules permit late payment of regulatory or application fees accompanied by late fees, such debts will become delinquent for purposes of Sections 1.2105(a) and 1.2106(a) only after the expiration of a final payment deadline. Therefore, with respect to regulatory or application fees, the provisions of Sections 1.2105(a) and 1.2106(a) regarding default and delinquency in connection with competitive bidding are limited to circumstances in which the relevant party has not complied with a final Commission payment deadline. The Commission considers outstanding debts owed to the United
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  • applicant's qualifications to hold a license or entitlement to a bidding credit. 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. See generally 47 C.F.R. � 1.2109. See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65 (an applicant must maintain the accuracy and completeness of information furnished in its pending application and notify the Commission within 30 days of any substantial change that may be of decisional significance to that application); 47 C.F.R. � 1.2105 (setting forth bidding application and certification procedures). See also, 47 C.F.R. � 1.2105 (c)(6) (any applicant
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit December 26, 2007 DA 07-5100 Via Facsimile (330) 723- 2581 Lori Kalani Frontier Wireless LLC. 9601 S. Meridian Blvd. Englewood, Colorado 80112 Re: Frontier Wireless LLC. Application to Participate in Auction No. 73, Request for Waiver Dear Ms. Kalani, This letter denies Frontier Wireless LLC's (``Frontier'') request for waiver of Section 1.2106(a) of the Commission's rules. Frontier claims that good cause exists for the grant of the requested relief, and that denial of the request would harm the public interest and would constitute a perverse result in light of the underlying purpose of the rule. For the reasons discussed below, we deny the requested waiver. Under section 1.2106(a) of the Commission's rules,
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  • 72. Applicants are encouraged to review the Bureau's previous guidance on default and delinquency disclosure requirements in the context of the short-form application process. For example, it has been determined that to the extent that Commission rules permit late payment of regulatory or application fees accompanied by late fees, such debts will become delinquent for purposes of Sections 1.2105(a) and 1.2106(a) only after the expiration of a final payment deadline. Therefore, with respect to regulatory or application fees, the provisions of Sections 1.2105(a) and 1.2106(a) regarding default and delinquency in connection with competitive bidding are limited to circumstances in which the relevant party has not complied with a final Commission payment deadline. The Commission considers outstanding debts owed to the United
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  • auction. Applicants are encouraged to review the Bureau's previous guidance on default and delinquency disclosure requirements in the context of the short-form application process. For example, it has been determined that to the extent that Commission rules permit late payment of regulatory or application fees accompanied by late fees, such debts will become delinquent for purposes of Sections 1.2105(a) and 1.2106(a) only after the expiration of a final payment deadline. Therefore, with respect to regulatory or application fees, the provisions of Sections 1.2105(a) and 1.2106(a) regarding default and delinquency in connection with competitive bidding are limited to circumstances in which the relevant party has not complied with a final Commission payment deadline. Parties are also encouraged to coordinate with the Commission's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1197A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1197A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1197A1.txt
  • Excomm, LLC (``Excomm'') in a pro forma transaction, effective January 1, 2007, and that Excomm is the surviving entity. The applicant asserts that the amendment qualifies as a minor change pursuant to section 1.929(k) of the Commission's rules because both Chama and Excomm were wholly-owned subsidiaries of Commnet Wireless, LLC See 47 C.F.R. � 1.929(k). See 47 C.F.R. �� 1.2105(b), 1.2106. See 47 C.F.R. � 1.65. Section 1.65 requires applicants to report any changes of decisional significance to their applications ``as promptly as 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
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  • the Commission until the Commission discloses all non-public information relating to Auction 73. For the reasons described below, the Waiver Request is denied. [REDACTED] filed a short-form application to participate in Auction 73. [REDACTED] Application, as initially submitted, was determined to be accepted. The deadline for making upfront payments was 6:00 PM on Friday January 4, 2008. Pursuant to Section 1.2106(a) of its rules, on October 5, 2007, the Commission established a deadline of December 28, 2007 for submission of upfront payments by applicants seeking to participate in Auction 73. That deadline was subsequently extended to January 4, 2008, providing all applicants, including [REDACTED] , with additional time to undertake the necessary preparations for the auction and make the required payment.
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  • a license or of entitlement to a bidding credit and/or entrepreneur status. 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. See generally 47 C.F.R. � 1.2109. See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. Section 1.65 requires applicants to report any changes of decisional significance to their applications ``as promptly as 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
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  • amounting to between three and twenty percent of the net winning bid. The remainder, if any, is assessed once a subsequent winning bid for the defaulted permit is established. Pursuant to Section 1.2104(g)(2) of the rules, Walton Stations owes an interim default payment totaling $18,120.00, which is three-percent (3%) of its total net winning bid of $604,000.00. Pursuant to Section 1.2106(e) of the Rules, we will apply Walton Stations' payments on deposit to satisfy this interim default payment obligation. Once a subsequent high bid is established for the relevant spectrum, we will determine Walton Stations' final default payment obligation. If an additional payment is required, a further order will assess such payment. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to
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  • 3G Communications Corp., 18 FCC Rcd 11552 (WTB 2003). Amendment of Part 1 of the Commission's Rules - Competitive Bidding Proceeding, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making, 12 FCC Rcd 5686, 5697-98 � 16 (1997) (``Part 1 Order''). See Part 1 Fifth Report and Order, 15 FCC Rcd at 15316-17 �� 40-42; 47 C.F.R. � 1.2106(a); see supra Section III.C.3. ``Upfront Payments and Bidding Eligibility.'' 47 C.F.R. � 1.2110(c). Auction 85 Comment Public Notice at 8-9. Provisionally winning bids are bids that would become final winning bids if the auction were to close after the given round. See infra Section IV.B.4. ``Provisionally Winning Bids.'' In some cases, a qualified bidder's maximum eligibility may be less than
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  • ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. �� 1.2104(g), Chequamegon Communications Cooperative, Inc. is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Chequamegon Communications Cooperative, Inc.'s interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with Chequamegon Communications Cooperative, Inc.'s
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  • ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. �� 1.2104(g), CenturyTel Broadband Wireless LLC is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, CenturyTel Broadband Wireless LLC's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with CenturyTel Broadband Wireless LLC's
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  • IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104(g) of the Commission's rules, 47 C.F.R. �� 1.2104(g), Cross Telephone Company is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Cross Telephone Company's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds withheld in connection with Cross Telephone Company's withdrawal referenced
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  • license or permit or of entitlement to a bidding credit. In the event that an applicant is found unqualified to be a Commission licensee or permittee or ineligible for claimed designated entity benefits, it will be liable for any obligations incurred as a result of its participation in the auction. See generally 47 C.F.R. � 1.2109. See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. Section 1.65 requires applicants to report any changes of decisional significance to their applications ``as promptly as 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
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  • on its winning bid for CMA663-B, its application is dismissed and it is subject to the applicable default payment. Consistent with the percentage that will be used to calculate the additional payment component of the final default payment, SAI owes an interim default payment of $30,345.00, which is fifteen-percent (15%) of its net winning bid of $202,300.00. Pursuant to Section 1.2106(e) of the rules, we will apply SAI payments on deposit to satisfy this interim default payment obligation. Once a subsequent high bid is established for the relevant spectrum, we will determine SAI's final default payment obligation. If an additional payment is required, a further order will assess such payment. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to Sections 4(i)
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  • bids for the seven licenses, its application is dismissed and it is subject to the applicable default payment. Consistent with the percentage that will be used to calculate the additional payment component of the final default payment, VentureTel owes an interim default payment of $218,250.00, which is fifteen-percent (15%) of its total net winning bids of $1,455,000.00. Pursuant to Section 1.2106(e) of the Rules, we will apply VentureTel's payments on deposit to satisfy this interim default payment obligation. Once subsequent high bids are established for the relevant spectrum, we will determine VentureTel's final default payment obligation. If an additional payment is required, a further order will assess such payment. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and
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  • interim payment amounting to between three and twenty percent of the net winning bid. The remainder, if any, is assessed once a subsequent winning bid for the defaulted permit is established. Pursuant to Section 1.2104(g)(2) of the Rules, you owe an interim default payment of $270.00, which is three-percent (3%) of your net winning bid of $9,000.00. Pursuant to Section 1.2106(e) of the Rules, we will apply your payment on deposit to satisfy this interim default payment obligation. Once a subsequent high bid is established for the relevant spectrum, we will determine your final default payment obligation. If an additional payment is required, a further order will assess such payment. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to Sections 4(i)
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  • payment amounting to between three and twenty percent of the net winning bid. The remainder, if any, is assessed once a subsequent winning bid for the defaulted permit is established. Pursuant to Section 1.2104(g)(2) of the Rules, you owe an interim default payment totaling $7,254.00, which is three-percent (3%) of your total net winning bid of $241,800.00. Pursuant to Section 1.2106(e) of the Rules, we will apply your payments on deposit to satisfy the interim default payment obligation. Once a subsequent high bid is established for the relevant spectrum, we will determine your final default payment obligation. If an additional payment is required, a further order will assess such payment. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to Sections 4(i)
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  • interim payment amounting to between three and twenty percent of the net winning bid. The remainder, if any, is assessed once a subsequent winning bid for the defaulted permit is established. Pursuant to Section 1.2104(g)(2) of the Rules, you owe interim default payments totaling $9,496.50, which is three-percent (3%) of your total net winning bids of $316,550.00. Pursuant to Section 1.2106(e) of the Rules, we will apply your payments on deposit to satisfy the interim default payment obligations. Once subsequent high bids are established for the relevant spectrum, we will determine your final default payment obligations. If additional payments are required, a further order will assess such payment. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit $ DA 08-40 Adopted: January 4, 2008 Released: January 7, 2008 Walter Iwachiw 48-39 41 Street Sunnyside, New York 11104 Re: World Network International Services, Inc. - Request for Waiver of Sections 1.2106 and 1.2109(c) of the Commission's Rules Dear Mr. Iwachiw: This letter responds to the Petition for Waiver - Expedited Action Requested submitted on January 2, 2008, by you on behalf of Word Network International Services Inc. (``WNIS'') in connection with WNIS's application to participate in Auction 73. The Petition requests a waiver of Commission auction rules requiring (1) that each
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  • Rcd at 18,228-47, Attachment A. Request at 1-2. See Request at 1-2, 4 & n. 9, 8-11. See Request at 5 See Request at 10-11. Request at 3; see Auction 73/76 Procedures Public Notice, 22 FCC Rcd at 18,174-75 �� 120-23. An applicant that does not timely submit a sufficient upfront payment will be ineligible to bid. 47 C.F.R. � 1.2106(c). 47 C.F.R. �1.2105(b)(2). Request at 5. 47 C.F.R. � 1.925. Among the reasons underlying Frontline's prediction is the ``excessively high reserve price for the D Block license in Auction 73,'' which Frontline sought to have reduced in its Petition for Reconsideration of the 700 MHz Second Report & Order. Request at 9 (citing Frontline's Petition for Reconsideration of September 24,
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  • the Commission until the Commission discloses all non-public information relating to Auction 73. For the reasons described below, the Waiver Request is denied. SAI filed a short-form application to participate in Auction 73. SAI's Application, as initially submitted, was determined to be accepted. The deadline for making upfront payments was 6:00 PM on Friday January 4, 2008. Pursuant to Section 1.2106(a) of its rules, on October 5, 2007, the Commission established a deadline of December 28, 2007 for submission of upfront payments by applicants seeking to participate in Auction 73. That deadline was subsequently extended to January 4, 2008, providing all applicants, including SAI, with additional time to undertake the necessary preparations for the auction and make the required payment. Section
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  • 77. Applicants are encouraged to review the Bureau's previous guidance on default and delinquency disclosure requirements in the context of the short-form application process. For example, it has been determined that to the extent that Commission rules permit late payment of regulatory or application fees accompanied by late fees, such debts will become delinquent for purposes of Sections 1.2105(a) and 1.2106(a) only after the expiration of a final payment deadline. Therefore, with respect to regulatory or application fees, the provisions of Sections 1.2105(a) and 1.2106(a) regarding default and delinquency in connection with competitive bidding are limited to circumstances in which the relevant party has not complied with a final Commission payment deadline. The Commission considers outstanding debts owed to the United
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  • 73. Sonar's Application, as initially submitted, was determined to be incomplete. Following discussions with Commission staff concerning questions raised by its Application, Sonar revised and resubmitted its application on January 4, 2008, prior to the 6:00 PM deadline for making corrections to incomplete applications. The deadline for making upfront payments was 6:00 PM on January 4, 2008. Pursuant to Section 1.2106(a) of its rules, on October 5, 2007, the Commission established a deadline of December 28, 2007 for submission of upfront payments by applicants seeking to participate in Auction 73. That deadline was subsequently extended to January 4, 2008, providing all applicants, including Sonar, with additional time to undertake the necessary preparations for the auction and make the required payment. Section
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  • auction. Applicants are encouraged to review the Bureau's previous guidance on default and delinquency disclosure requirements in the context of the short-form application process. For example, it has been determined that to the extent that Commission rules permit late payment of regulatory or application fees accompanied by late fees, such debts will become delinquent for purposes of Sections 1.2105(a) and 1.2106(a) only after the expiration of a final payment deadline. Therefore, with respect to regulatory or application fees, the provisions of Sections 1.2105(a) and 1.2106(a) regarding default and delinquency in connection with competitive bidding are limited to circumstances in which the relevant party has not complied with a final Commission payment deadline. Parties are also encouraged to coordinate with the Commission's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1376A1_Rcd.pdf
  • FCC auction. 90. Applicants are encouraged to review the Bureau's previous guidance on default and delinquency disclosure requirements in the context of the short-form application process.133For example, it has been determined that to the extent that Commission rules permit late payment of regulatory or application fees accompanied by late fees,such debts will become delinquent for purposes of Sections 1.2105(a) and 1.2106(a) only after the expiration of a final payment deadline.134Therefore, with respect 12947 C.F.R. �� 1.2105(a)(2)(x), 1.2105(b)(1), and 1.2106(a); see Part 1 Fifth Report and Order, 15 FCC Rcd at 15,317 � 42 and n.142 ("If any one of an applicant's controlling interests or their affiliates...is in default on any Commission licenses or is delinquent on any non-tax debt owed to
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  • form applications are dismissed, and it is subject to the applicable default payment. Pursuant to our authority under the Part 1 Competitive Bidding Third Report and Order, we will assess an interim default deposit of 20 percent (20%) of WOGF's net winning bids - amounting to $595,800 - until a final default payment amount can be determined. Pursuant to Section 1.2106(e) of the Commission's rules, we will hold WOGF's payments on deposit to satisfy this obligation. Once a subsequent high bid is established for the relevant spectrum, we will determine WOGF's final default payment obligation. If an additional payment is required, a further order will assess such payment. If the funds on deposit with the Commission more than cover the final
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1398A1_Rcd.pdf
  • 64 Permits, its long form applications are dismissed,and it is subject to the applicable default payment.17Pursuant to our authority under the Part 1 Competitive Bidding Third Report and Order, we will assess an interim default deposit of 20 percent (20%) of WOGF's net winning bids �amounting to $595,800 �until a final default payment amount can be determined.18 Pursuant to Section 1.2106(e) of the Commission's rules, we will hold WOGF's payments on deposit to satisfy this obligation.19 Commercial Spectrum Enhancement Act and Modernization of the Commission's Competitive Bidding Rules and Procedures, WT Docket No. 05-211, Report and Order,21 FCC Rcd 891, 901-04 �� 24-32 (2006). 14 See 47 C.F.R � 1.2104(g)(2). 15 See id. 16SeeAmendment of Part 1 of the Commission's Rules
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  • Pursuant to our authority under the Part 1 Competitive Bidding Third Report and Order , we will assess an interim default deposit of 20 percent (20%) of Ozark's net winning bids on licenses for Frequency Block FI in markets BEA093, BEA094, and BEA098 totaling $481.00, until a final default payment amount can be determined for these licenses. Pursuant to Section 1.2106(e) of the Rules, we will hold Ozark's remaining amount on deposit to satisfy its default payment obligation. Once subsequent high bids are established for the relevant spectrum, we will determine Ozark's final default payment obligation. If an additional payment is required, a further order will assess such payment. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1399A1_Rcd.pdf
  • an interim withdrawal payment of between three and 20 percent, with the specific percentage to be set by the Commission prior to the auction. See Implementation of the Commercial Spectrum Enhancement Act and Modernization of the Commission's Competitive Bidding Rules and Procedures, Report and Order, FCC 06-4, 21 FCC Rcd 891, 903-04 � 31 (2006). 6 47 C.F.R . � 1.2106(d) and (e). 7 47 C.F.R. � 1.2104(g)(1). 8 Id. 9 47 C.F.R. �� 1.2109(b), 1.2104(g)(2). 10 47 C.F.R. � 1.2104(g)(2). 11 Id. This rule was modified in 2006 and now provides for an additional default payment of betweenthree and 20 percent, with the specific percentage to be set by the Commission prior to the auction. See Implementation of the Commercial
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  • license or permit or of entitlement to a bidding credit. In the event that an applicant is found unqualified to be a Commission licensee or permittee or ineligible for claimed designated entity benefits, it will be liable for any obligations incurred as a result of its participation in the auction. See generally 47 C.F.R. � 1.2109. See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. Section 1.65 requires applicants to report any changes of decisional significance to their applications ``as promptly as 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1548A1_Rcd.pdf
  • hold a license or permit or of entitlement to a bidding credit. In the event that an applicant is found unqualified to be a Commission licensee or permittee or ineligible for claimed designated entity benefits, it will be liable for any obligations incurred as a result of its participation in the auction. See generally47 C.F.R. � 1.2109. 3See47 C.F.R. � 1.2106. 4See 47 C.F.R. � 1.65. Section 1.65 requires applicants to report any changes of decisional significance to their applications "as promptly as 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
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 09-1578 Ms. Hye C. Kim 16 Radio Road Dahlonega, GA 30533 Re: Hye C. Kim - Request for Waiver of Section 1.2106(a) of the Commission's Rules for Auction 79 (FM Broadcast) Dear Ms. Kim: The Commission has received your application (FCC Form 175) to participate in the Commission's upcoming auction of FM broadcast permits (Auction 79). In this letter, we address your request for waiver of the requirement in Section 1.2106(a) of the Commission's rules that an applicant that has previously been
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1578A1_Rcd.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission Washington,D.C. 20554 July 23, 2009 DA 09-1578 Ms. Hye C. Kim 16 Radio Road Dahlonega, GA 30533 Re: Hye C. Kim �Request for Waiver of Section 1.2106(a) of the Commission's Rules for Auction 79 (FM Broadcast) Dear Ms. Kim: The Commission has received your application (FCC Form 175) to participate in the Commission's upcoming auction of FM broadcast permits (Auction 79). In this letter, we address your request for waiver of the requirement in Section 1.2106(a) of the Commission's rules that an applicant that has previously been
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2025A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2025A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2025A1.txt
  • qualifications to hold a license or of entitlement to a bidding credit. 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. See generally 47 C.F.R. � 1.2109. See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. Section 1.65 requires applicants to report any changes of decisional significance to their applications ``as promptly as 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2025A1_Rcd.pdf
  • No other payment method is acceptable for this auction.9 entitlement to a bidding credit. 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. See generally47 C.F.R. � 1.2109. 3See47 C.F.R. � 1.2106. 4See 47 C.F.R. � 1.65. Section 1.65 requires applicants to report any changes of decisional significance to their applications "as promptly as 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2416A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2416A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2416A1.txt
  • interests, that in the past have defaulted on any Commission license or been delinquent on any non-tax debt owed to any Federal agency, but that have since remedied all such defaults and cured all of their outstanding non-tax delinquencies - are required to pay upfront payments that are fifty percent more than the normal upfront payment amounts. 47 C.F.R. � 1.2106(a). See Section III.C. 6. ``Provisionally Winning Bids,'' below. See Section III C.3. ``Activity Rule Waivers and Reducing Eligibility,'' below. See 47 C.F.R. � 1.2104 (g). For example, when monitoring activity for determining when to change stages, the Bureau may consider the percentage of bidding units of the licenses receiving new provisionally winning bids, excluding any FCC-held licenses. In past auctions,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2416A1_Rcd.pdf
  • interests, that in the past have defaulted on any Commission license or been delinquent on any non-tax debt owed to any Federal agency, but that have since remedied all such defaults and cured all of their outstanding non-tax delinquencies - are required to pay upfront payments that are fifty percent more than the normal upfront payment amounts. 47 C.F.R. � 1.2106(a). 18See Section III.C. 6. "Provisionally Winning Bids," below. 6161 2. Activity Rule 27.In order to ensure that the auction closes within a reasonable period of time, an activity rule requires bidders to bid actively throughout the auction, rather than wait until late in the auction before participating. A bidder's activity in a round will be the sum of the bidding
• 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
  • auction. Applicants are encouraged to review the Bureaus' previous guidance on default and delinquency disclosure requirements in the context of the short-form application process. For example, it has been determined that, to the extent that Commission rules permit late payment of regulatory or application fees accompanied by late fees, such debts will become delinquent for purposes of Sections 1.2105(a) and 1.2106(a) only after the expiration of a final payment deadline. Therefore, with respect to regulatory or application fees, the provisions of Sections 1.2105(a) and 1.2106(a) regarding default and delinquency in connection with competitive bidding are limited to circumstances in which the relevant party has not complied with a final Commission payment deadline. Parties are also encouraged to coordinate with the Commission's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-810A2_Rcd.pdf
  • requires the timely submission of short form applications, along with the required certifications, information and exhibits, pursuant to the provisions of 47 C.F.R. � 1.2105(a) and any Commission public notices. 47 C.F.R. � 1.2105 requires the disclosure on the short-form application of the applicant's ownership information as set forth in 47 C.F.R. � 1.2112. 10647 C.F.R. �� 1.2105(a)(2)(x), 1.2105(b)(1), and 1.2106(a); see Part 1 Fifth Report and Order, 15 FCC Rcd at 15317 � 42 and 142 ("If any one of an applicant's controlling interests or their affiliates...is in default on any Commission licenses or is delinquent on any non-tax debt owed to any Federal agency at the time the applicant files it[s] FCC Form 175, the applicant will not be
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-823A3.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-823A3.txt
  • 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 50percentofanapplicant'svotinginterests.Incontrast,defactocontrolisdeterminedbasedon allthecircumstancesoftheparticularcase.Theanalysisofdefactocontrolaimstoascertain whether,notwithstandingtheexistenceoflegaldocumentsorotherarrangementsthatplacede jurecontrolofanentityinthehandsofoneparty,thereexistrelationships(e.g.,familial)or otherfactorsthatplaceactualcontroloftheapplicantinthehandsofanother. 12 32. MisrepresentationsandfalsecertificationsinaShort-FormApplicationorLong- FormApplicationsubjecttheapplicanttopenaltiesthatincludelossofexistinglicensesheldby theapplicant.Ifalicenseelosesalicensethatitacquiredinanauction,thatlicenseissubjectto re-auctionpursuanttotheFCC'smandatetoissuelicensesthroughcompetitivebidding procedures. 33. Wheneverdiscountedlicensesareawardedtosham"verysmallbusinesses"that arecontrolledbyineligibleentitiesandindividuals,100percentofthebiddingcreditmustbe returned(plusinterest). 34. Alicenseethatholdsfederalpropertyandengagesinfraudulentconduct,suchas beinganundisclosedreal-party-in-interesttoanapplicationandconcealingfacts,mustreturnthe property.BasedontheknowingfalseandfraudulentstatementsmadebyDefendants,theymust surrendertheirFCClicensessothatthoselicensesmaybepubliclyauctionedforthebenefitof theU.S.Treasury. B. TheFCC'sCellularServiceRules 35. Title47,Part22,subpartHoftheCodeofFederalRegulationscontainsthe FCC'slicensing,technicalandoperationalrulesfortheCellularRadiotelephoneService.These rules,interalia,specifythefrequencybandsallocatedtothecellularservice;establishminimum constructionandcoveragerequirementsforcellularlicensees;andsetforthservice commencementcriteriaandtechnicalrulesforoperations.Theserulesareintendedtofacilitate theprovisionofcommercialwirelessservicestothegeneralpublicbypreservingandenhancing competitionbetweenserviceprovidersoncelicensedandbyensuringthatavailablespectrum allocationsareusedefficiently. 13 36. TheFCCbeganissuinglicensesauthorizingtheprovisionofmobileservicesover cellularsystemsin1982.TheFCCfirstissuedlicensesfor306MSAs,andsubsequentlyissued licensesfor428RuralServiceAreas("RSAs").ForeachMSAandRSA,theFCCoriginally issuedone"BlockA"licenseandone"BlockB"license,inordertoprovidefortwocompeting, facilities-basedprovidersofferingserviceineachmarket. 37. Forthelargest30MSAs,whichwerethefirstmarketstobelicensed,theFCC usedacomparativehearingprocesstoselectthelicenseefromamongmutuallyexclusive applications.Intheremainingmarkets,theFCCusedarandomselectionprocess(lottery)to determinealicenseefromamonghundredsofmutuallyexclusiveapplications.Thecellular licensesissuedbytheFCCtoDefendantsSLOCellularandKankakeeCellularwereissued
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-824A3.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-824A3.txt
  • 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 50percentofanapplicant'svotinginterests.Incontrast,defactocontrolisdeterminedbasedon allthecircumstancesoftheparticularcase.Theanalysisofdefactocontrolaimstoascertain whether,notwithstandingtheexistenceoflegaldocumentsorotherarrangementsthatplacede jurecontrolofanentityinthehandsofoneparty,thereexistrelationships(e.g.,familial)or otherfactorsthatplaceactualcontroloftheapplicantinthehandsofanother. 12 32. MisrepresentationsandfalsecertificationsinaShort-FormApplicationorLong- FormApplicationsubjecttheapplicanttopenaltiesthatincludelossofexistinglicensesheldby theapplicant.Ifalicenseelosesalicensethatitacquiredinanauction,thatlicenseissubjectto re-auctionpursuanttotheFCC'smandatetoissuelicensesthroughcompetitivebidding procedures. 33. Wheneverdiscountedlicensesareawardedtosham"verysmallbusinesses"that arecontrolledbyineligibleentitiesandindividuals,100percentofthebiddingcreditmustbe returned(plusinterest). 34. Alicenseethatholdsfederalpropertyandengagesinfraudulentconduct,suchas beinganundisclosedreal-party-in-interesttoanapplicationandconcealingfacts,mustreturnthe property.BasedontheknowingfalseandfraudulentstatementsmadebyDefendants,theymust surrendertheirFCClicensessothatthoselicensesmaybepubliclyauctionedforthebenefitof theU.S.Treasury. B. TheFCC'sCellularServiceRules 35. Title47,Part22,subpartHoftheCodeofFederalRegulationscontainsthe FCC'slicensing,technicalandoperationalrulesfortheCellularRadiotelephoneService.These rules,interalia,specifythefrequencybandsallocatedtothecellularservice;establishminimum constructionandcoveragerequirementsforcellularlicensees;andsetforthservice commencementcriteriaandtechnicalrulesforoperations.Theserulesareintendedtofacilitate theprovisionofcommercialwirelessservicestothegeneralpublicbypreservingandenhancing competitionbetweenserviceprovidersoncelicensedandbyensuringthatavailablespectrum allocationsareusedefficiently. 13 36. TheFCCbeganissuinglicensesauthorizingtheprovisionofmobileservicesover cellularsystemsin1982.TheFCCfirstissuedlicensesfor306MSAs,andsubsequentlyissued licensesfor428RuralServiceAreas("RSAs").ForeachMSAandRSA,theFCCoriginally issuedone"BlockA"licenseandone"BlockB"license,inordertoprovidefortwocompeting, facilities-basedprovidersofferingserviceineachmarket. 37. Forthelargest30MSAs,whichwerethefirstmarketstobelicensed,theFCC usedacomparativehearingprocesstoselectthelicenseefromamongmutuallyexclusive applications.Intheremainingmarkets,theFCCusedarandomselectionprocess(lottery)to determinealicenseefromamonghundredsofmutuallyexclusiveapplications.Thecellular licensesissuedbytheFCCtoDefendantsSLOCellularandKankakeeCellularwereissued
• 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
  • interests, that in the past have defaulted on any Commission licenses or been delinquent on any non-tax debt owed to any Federal agency, but that have since remedied all such defaults and cured all of their outstanding non-tax delinquencies - are required to pay upfront payments that are fifty percent more than the normal upfront payment amounts. 47 C.F.R. � 1.2106(a). See Section III.B. 6. ``Provisionally Winning Bids,'' below. See Section III B.3. ``Activity Rule Waivers and Reducing Eligibility,'' below. See 47 C.F.R. � 1.2104 (g). For example, when monitoring activity for determining when to change stages, the Bureau may consider the percentage of bidding units of the licenses receiving new provisionally winning bids, excluding any FCC-held licenses. In past auctions,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-843A1_Rcd.pdf
  • controlling interests, that in the past have defaulted on any Commission licenses or been delinquent on any non-tax debt owed to any Federal agency, but that have since remedied all such defaults and cured all of their outstanding non-tax delinquencies -are required to pay upfront payments that are fifty percent more than the normal upfront payment amounts. 47 C.F.R. � 1.2106(a). 30SeeSection III.B. 6. "Provisionally Winning Bids," below. 4611 bidder's eligibility, possibly curtailing or eliminating the bidder's ability to place additional bids in the auction.31 29.The Bureau proposes to divide the auction into at least two stages, each characterized by a different activity requirement.32The auction will start in Stage One. The Bureau proposes to advance the auction to the next stage
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  • 2010) (``Auction 88 Procedures Public Notice''). See 47 C.F.R. �� 1.2107 - 1.2109; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 �� 163-168 (1994). See generally 47 C.F.R. � 1.2109. See Section I.B., below; see also 47 C.F.R. � 1.2106 (upfront payment rule). 47 C.F.R. �� 1.65, 1.2105(c). The Commission recently amended sections 1.65(a) and 1.2105(c) of its rules to require each applicant in competitive bidding proceedings to furnish additional or corrected information within five days of a significant occurrence, or to amend its short-form application no more than five days after the applicant becomes aware of the need for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1009A1_Rcd.pdf
  • its short-form application as required by Sections1.65and 1.2105 of the Commission's rules.8 2See47 C.F.R. �� 1.2107 �1.2109; see alsoAmendment of Part 1 of the Commission's Rules �Competitive Bidding Procedures, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 ��163-168 (1994). 3See generally 47 C.F.R. � 1.2109. 4SeeSection I.B., below; see also 47 C.F.R. � 1.2106(upfront payment rule). 547 C.F.R. �� 1.65, 1.2105(c). The Commission recently amended sections 1.65(a) and 1.2105(c) of its rules to require each applicant in competitive bidding proceedings to furnish additional or corrected information within five days of a significant occurrence, or to amend its short-form application no more than five days after the applicant becomes aware of the need for amendment.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1270A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1270A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1270A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � � � � � ' � � � � July 8, 2010 DA 10-1270 Mr. Lee G. Petro Fletcher, Heald & Hildreth, PLC 11th Floor 1300 North 17th Street Arlington, VA 22209 Re: Four Corners Broadcasting, LLC - Request for Waiver of Section 1.2106(a), Closed Broadcast Auction 88 Dear Mr. Petro: This letter denies the request of Four Corners Broadcasting, LLC (Four Corners) submitted on June 28, 2010, for a waiver of the upfront payment deadline for the upcoming closed auction of broadcast construction permits (Auction 88). Four Corners, an applicant for an FM radio station construction permit in Durango, Colorado, timely filed a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1270A1_Rcd.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission Washington, D.C. 20554 July 8, 2010 DA 10-1270 Mr. Lee G. Petro Fletcher, Heald & Hildreth, PLC 11thFloor 1300 North 17thStreet Arlington, VA 22209 Re: Four Corners Broadcasting, LLC �Request for Waiver of Section 1.2106(a), Closed Broadcast Auction 88 Dear Mr. Petro: This letter denies the request of Four Corners Broadcasting, LLC (Four Corners) submitted on June 28, 2010, for a waiver of the upfront payment deadline for the upcoming closed auction of broadcast construction permits (Auction 88).1 Four Corners, an applicant for an FM radio station construction permit in Durango, Colorado, timely filed a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-18A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-18A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-18A1.txt
  • auction. Applicants are encouraged to review the Bureau's previous guidance on default and delinquency disclosure requirements in the context of the short-form application process. For example, it has been determined that to the extent that Commission rules permit late payment of regulatory or application fees accompanied by late fees, such debts will become delinquent for purposes of sections 1.2105(a) and 1.2106(a) only after the expiration of a final payment deadline. Therefore, with respect to regulatory or application fees, the provisions of sections 1.2105(a) and 1.2106(a) regarding default and delinquency in connection with competitive bidding are limited to circumstances in which the relevant party has not complied with a final Commission payment deadline. Parties are also encouraged to coordinate with the Commission's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-18A1_Rcd.pdf
  • license. See CSEA/Part 1 Report and Order, 21 FCC Rcd at 911-12 �� 51-52. Applicants applying as consortia should review the CSEA/Part 1 Report and Order and 47 C.F.R. �� 1.2107(g) and 1.2110(b)(3) to understand how the members of the consortia will apply for a license in the event they are winning bidders. 111 47 C.F.R. �� 1.2105(a)(2)(x), 1.2105(b)(1), and 1.2106(a); see Part 1 Fifth Report and Order, 15 FCC Rcd at 15,317 � 42 and n.142 ("If any one of an applicant's controlling interests or their affiliates...is in default on any Commission licenses or is delinquent on any non-tax debt owed to any Federal agency at the time the applicant files it[s] FCC Form 175, the applicant will not be
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2008A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2008A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2008A1.txt
  • auction. Applicants are encouraged to review the Bureaus' previous guidance on default and delinquency disclosure requirements in the context of the short-form application process. For example, it has been determined that, to the extent that Commission rules permit late payment of regulatory or application fees accompanied by late fees, such debts will become delinquent for purposes of sections 1.2105(a) and 1.2106(a) only after the expiration of a final payment deadline. Therefore, with respect to regulatory or application fees, the provisions of sections 1.2105(a) and 1.2106(a) regarding default and delinquency in connection with competitive bidding are limited to circumstances in which the relevant party has not complied with a final Commission payment deadline. Parties are also encouraged to consult with the Commission's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2008A1_Rcd.pdf
  • the timely submission of short form applications, along with the required certifications, information and exhibits, pursuant to the provisions of 47 C.F.R. � 1.2105(a) and any Commission public notices. 47 C.F.R. � 1.2105 requires the disclosure on the short-form application of the applicant's ownership information as set forth in 47 C.F.R. � 1.2112. 105 47 C.F.R. �� 1.2105(a)(2)(x), 1.2105(b)(1), and 1.2106(a); see Part 1 Fifth Report and Order, 15 FCC Rcd at 15317 � 42 and 142 ("If any one of an applicant's controlling interests or their affiliates...is in default on any Commission licenses or is delinquent on any non-tax debt owed to any Federal agency at the time the applicant files it[s] FCC Form 175, the applicant will not be
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2253A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2253A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2253A1.txt
  • auction. Applicants are encouraged to review the Bureaus' previous guidance on default and delinquency disclosure requirements in the context of the short-form application process. For example, it has been determined that, to the extent that Commission rules permit late payment of regulatory or application fees accompanied by late fees, such debts will become delinquent for purposes of sections 1.2105(a) and 1.2106(a) only after the expiration of a final payment deadline. Therefore, with respect to regulatory or application fees, the provisions of sections 1.2105(a) and 1.2106(a) regarding default and delinquency in connection with competitive bidding are limited to circumstances in which the relevant party has not complied with a final Commission payment deadline. Parties are also encouraged to consult with the Wireless
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2253A1_Rcd.pdf
  • auction. 74. Applicants are encouraged to review the Bureaus' previous guidance on default and delinquency disclosure requirements in the context of the short-form application process.113 For example, it has been determined that, to the extent that Commission rules permit late payment of regulatory or application fees accompanied by late fees,such debts will become delinquent for purposes of sections 1.2105(a) and 1.2106(a) only after the expiration of a final payment deadline.114 Therefore, with respect to regulatory or application fees, the provisions of sections 1.2105(a) and 1.2106(a) regarding default and delinquency in connection with competitive bidding are limited to circumstances in which the relevant party has not complied with a final Commission payment deadline.115 Parties are also encouraged to 109 47 C.F.R. ��
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2261A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2261A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2261A1.txt
  • IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and section 1.2104(g)(1) of the Commission's rules, 47 C.F.R. �1.2104(g)(1), Space Data Spectrum Holdings, LLC is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to sections 1.2104 and 1.2106 of the Commission's Rules, 47 C.F.R. �� 1.2104 and 1.2106, Space Data Spectrum Holdings, LLC's interim bid withdrawal payment or funds on deposit will be applied towards the final bid withdrawal payment. IT IS FURTHER ORDERED that Space Data Spectrum Holdings, LLC's debt of $9,600.00 is payable in full and without further demand, and it must be paid within 30
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2261A1_Rcd.pdf
  • Scheduled for June 29, 2006, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedures for Auction No. 66," Public Notice,21 FCC Rcd 4562, 4622-23 �� 237-39 (2006).See also Implementation of Section 309(j) of the Communications Act-Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5563 n. 51 (1994); 8See 47 C.F.R. � 1.2106(d) and (e). 9See 47 C.F.R. � 1.2104(g)(1). 10Id. 11Id. 12Public Law 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996) codified in relevant part at31 U.S.C. �� 3716 (administrative offset) and 3717 (interest and penalty on claims); see also47 C.F.R. �� 1.1911, 1.1912, and 1.1940. 16335 Space Data Spectrum Holdings, LLC DA 10-2261 November 30, 2010 Date").13Any portion of the debt
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2262A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2262A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2262A1.txt
  • IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and section 1.2104(g)(1) of the Commission's rules, 47 C.F.R. � 1.2104(g)(1), MTPCS License Co., LLC is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to sections 1.2104 and 1.2106 of the Commission's rules, 47 C.F.R. �� 1.2104 and 1.2106, MTPCS License Co., LLC's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that MTPCS License Co., LLC's debt of $140,900.00 is payable in full and without further demand, and it must be paid within
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2262A1_Rcd.pdf
  • Scheduled for June 29, 2006, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedures for Auction No. 66," Public Notice,21 FCC Rcd 4562, 4622-23 �� 237-39 (2006). See also Implementation of Section 309(j) of the Communications Act-Competitive Bidding, PP Docket No. 93-253,Fifth Report and Order, 9 FCC Rcd 5532, 5563 n. 51 (1994). 8See 47 C.F.R. � 1.2106(d) and (e). 9See 47 C.F.R. � 1.2104(g)(1). 10Id. 11Id. 12Public Law 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996) codified in relevant part at31 U.S.C. �� 3716 (administrative offset) and 3717 (interest and penalty on claims); see also47 C.F.R. �� 1.1911, 1.1912, and 1.1940. 13As noted at Attachment B, if the 30th day falls on a non-business day, payment must
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2264A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2264A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2264A1.txt
  • IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and section 1.2104(g)(1) of the Commission's rules, 47 C.F.R. � 1.2104(g)(1), American Samoa Telecommunications Authority is ASSESSED a final bid withdrawal payment obligation as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to sections 1.2104 and 1.2106 of the Commission's rules, 47 C.F.R. �� 1.2104 and 1.2106, American Samoa Telecommunications Authority's interim bid withdrawal payment or funds on deposit will be applied towards the final bid withdrawal payment. IT IS FURTHER ORDERED that American Samoa Telecommunications Authority's debt of $205,250.00 is payable in full and without further demand, and it must be paid within 30 days of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2264A1_Rcd.pdf
  • 309(j) of the Communications Act �Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5563 at n.51 (1994); "Auction of Broadband PCS Spectrum Scheduled for May 16, 2007, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedures for Auction 71," Public Notice, 22 FCC Rcd 475 (WTB 2007). 8See 47 C.F.R. � 1.2106(d) and (e). 947 C.F.R. � 1.2104(g)(1). 10Id. 11Id. 12Public Law 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996) codified in relevant part at31 U.S.C. �� 3716 (administrative offset) and 3717 (interest and penalty on claims); see also47 C.F.R. �� 1.1911,1.1912, and 1.1940. 16343 American Samoa Telecommunications Authority DA 10-2264 November 30, 2010 must be received no later than the payment
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2271A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2271A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2271A1.txt
  • Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and section 1.2104(g)(2) of the Commission's rules, 47 C.F.R. � 1.2104(g)(2), TPS Utilicom, Inc. is ASSESSED a final default payment obligation as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to sections 1.2104 and 1.2106 of the Commission's rules, 47 C.F.R. �� 1.2104 and 1.2106, TPS Utilicom Inc.'s interim payment or funds on deposit will be applied towards the final default payment. IT IS FURTHER ORDERED that TPS Utilicom Inc.'s debt of $4,841,534.48 is payable in full and without further demand, and it must be paid within 30 days of the date of this Order
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2271A1_Rcd.pdf
  • at any time after the Due Date. 2131 U.S.C. � 3717(e); 31 C.F.R. � 285.12 (j). 2231 U.S.C. �3716; 47 C.F.R. � 1.1912(b) (mandatory centralized administrative offset). 2328 U.S.C. � 3011. 24Order on Reconsideration, supra; see 47 C.F.R. �� 1.104 and 1.106. 16890 TPS Utilicom, Inc. DA 10-2271 December 1, 2010 ITIS FURTHER ORDERED that, pursuant to sections 1.2104 and 1.2106 of the Commission's rules, 47 C.F.R. �� 1.2104 and 1.2106, TPS Utilicom Inc.'s interim payment or funds on deposit will be applied towards the final default payment. ITIS FURTHER ORDERED that TPS Utilicom Inc.'s debt of $4,841,534.48is payable in full and without further demand, and it mustbe paidwithin 30 days of the date of this Order (the Due Date),in accordance
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2275A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2275A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2275A1.txt
  • \fs22 \'a7\'a7}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22\expnd0\expndtw-2 154(i), 309, and section 1.2104(g)(2) of the Commission\rquote s rules, 47 C.F.R. }{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22 \'a7}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22\expnd0\expndtw-2 1.2104(g)(2), Metro-Trak, LLC is ASSESSED a }{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22 final default payment obligation as computed in Attachment A. \par \par }{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22\expnd0\expndtw-2 IT IS FURTHER ORDERED that, pursuant to sections 1.2104 and 1.2106 of the Commission\rquote s rules, 47 C.F.R. \'a7\'a7 1.2104 and 1.2106, Metro-Trak, LLC\rquote s interim payment or funds on deposit will be applied towards the final default payment. \par }{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22 \par }\pard\plain \ltrpar\s25\ql \fi720\li0\ri0\sa220\nowidctlpar\wrapdefault\aspalpha\aspnum\faauto\adju stright\rin0\lin0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs22\lang1033\langfe1033\kerning28\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 IT IS FURTHER ORDERED that Metro-Trak, LLC\rquote s debt of $140,978.50 is payable in full
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2275A1_Rcd.pdf
  • the Due Date. 2131 U.S.C. � 3717(e); 31C.F.R. � 285.12 (j). 2231 U.S.C. � 3716; 47 C.F.R. � 1.1912(b) (mandatory centralized administrative offset). 2328 U.S.C. � 3011. 24Minneapolis-St. Paul, MN-WI-IA Order, supra; Sacramento-Yolo, CA Order, supra; see 47 C.F.R. �� 1.104 and 1.106. 16920 Metro-Trak, LLC DA 10-2275 December 1, 2010 ITIS FURTHER ORDERED that, pursuant to sections 1.2104 and 1.2106 of the Commission's rules, 47 C.F.R. �� 1.2104 and 1.2106, Metro-Trak, LLC's interim payment or funds on deposit will be applied towards the final default payment. ITIS FURTHER ORDERED that Metro-Trak, LLC's debt of $140,978.50 is payable in full and without further demand, and it must be paid within 30 days of the date of this Order (the Due Date),
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-267A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-267A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-267A1.txt
  • dismissed, and it will be liable for the applicable default payment obligations specified in 47 C.F.R. � 1.2104(g). Although we cannot determine Mr. Austin's total default payment at this time, we will assess an interim default payment owed by Mr. Austin, amounting to three percent of his defaulted net bid for the Baggs construction permit, or $630. Pursuant to section 1.2106(e) of the Commission's rules, we will apply Mr. Austin's payment on deposit to satisfy this interim default payment obligation. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and 309, and section 1.3 of the Commission's rules, 47 C.F.R. � 1.3, that Ted W. Austin,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-267A1_Rcd.pdf
  • will be dismissed, and it will be liable for the applicable default payment obligations specified in 47 C.F.R. � 1.2104(g).56Although we cannot determine Mr. Austin's total default payment at this time, we will assess an interim default payment owed by Mr. Austin, amounting to three percent of his defaulted net bid for the Baggs construction permit, or $630.57Pursuant to section 1.2106(e) of the Commission's rules, we will apply Mr. Austin's payment on deposit to satisfy this interim default payment obligation.58 V. ORDERING CLAUSES 17. Accordingly, IT IS ORDERED, pursuant to sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and 309, and section 1.3 of the Commission's rules, 47 C.F.R. � 1.3, that Ted
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-524A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-524A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-524A1.txt
  • auction. Applicants are encouraged to review the Bureaus' previous guidance on default and delinquency disclosure requirements in the context of the short-form application process. For example, it has been determined that, to the extent that Commission rules permit late payment of regulatory or application fees accompanied by late fees, such debts will become delinquent for purposes of sections 1.2105(a) and 1.2106(a) only after the expiration of a final payment deadline. Therefore, with respect to regulatory or application fees, the provisions of sections 1.2105(a) and 1.2106(a) regarding default and delinquency in connection with competitive bidding are limited to circumstances in which the relevant party has not complied with a final Commission payment deadline. Parties are also encouraged to consult with the Commission's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-588A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-588A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-588A1.txt
  • their disclosures and their certifications, the aggregate average gross revenues for each of the applicants is below 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. See 47 C.F.R. � 1.2106. 47 C.F.R. �� 1.65, 1.2105. The Commission recently amended sections 1.65(a) and 1.2105(c) of its rules to require applicants in competitive bidding proceedings to furnish additional or corrected information within five days of a significant occurrence, or to amend their short-form applications no more than five days after the applicant becomes aware of the need for amendment. See Procedural Amendments
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-588A1_Rcd.pdf
  • based ontheir disclosures and their certifications, the aggregate average gross revenues for each of the applicants is below 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.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-849A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-849A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-849A1.txt
  • delinquent on any non-tax debt owed to any Federal agency, but that have prior to the short-form application filing deadline remedied all such defaults and cured all of their outstanding non-tax delinquencies - are required to pay upfront payments that are fifty percent more than the normal upfront payment amounts for the same number of bidding units. 47 C.F.R. � 1.2106(a). See Section III.C. 6. ``Provisionally Winning Bids,'' below. See Section III C.3. ``Activity Rule Waivers and Reducing Eligibility,'' below. See 47 C.F.R. � 1.2104(f). For example, when monitoring activity for determining when to change stages, the Bureau may consider the percentage of bidding units of the licenses receiving new provisionally winning bids, excluding any FCC-held licenses. In past auctions, the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-849A1_Rcd.pdf
  • delinquent on any non-tax debt owed to any Federal agency, but that have prior to the short-form application filing deadline remedied all such defaults and cured all of their outstanding non-tax delinquencies - are required to pay upfront payments that are fifty percent more than the normal upfront payment amounts for the same number of bidding units. 47 C.F.R. � 1.2106(a). 28See Section III.C. 6. "Provisionally Winning Bids," below. 29SeeSection III C.3. "Activity Rule Waivers and Reducing Eligibility," below. 30See 47 C.F.R. � 1.2104(f). 5306 there are new bids,31 the number of new bids, and the increase in revenue. The Bureau seeks comment on these proposals. 36. The Bureau proposes the following activity requirements, while noting again that the Bureau retains
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1845A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1845A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1845A1.txt
  • prosecution. Applicants are encouraged to review the Bureaus' previous guidance on default and delinquency disclosure requirements in the context of the short-form application process. For example, it has been determined that, to the extent that Commission rules permit late payment of regulatory or application fees accompanied by late fees, such debts will become delinquent for purposes of sections 1.2105(a) and 1.2106(a) only after the expiration of a final payment deadline. Therefore, with respect to regulatory or application fees, the provisions of sections 1.2105(a) and 1.2106(a) regarding default and delinquency in connection with competitive bidding are limited to circumstances in which the relevant party has not complied with a final Commission payment deadline. Parties are also encouraged to consult with the Wireless
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1845A1_Rcd.pdf
  • timely submission of short form applications, along with the required certifications, information and exhibits, pursuant to the provisions of 47 C.F.R. � 1.2105(a) and any Commission public notices. 47 C.F.R. � 1.2105 requires the disclosure on the short-form application of the applicant's ownership information as set forth in 47 C.F.R. �� 1.2105 and 1.2112. 10547 C.F.R. ��1.2105(a)(2)(x), (xi), 1.2105(b)(1), and 1.2106(a); see Part 1 Fifth Report and Order, 15 FCC Rcd at 15317 � 42 & n.142 ("If any one of an applicant's controlling interests or their affiliates...is in default on any Commission licenses or is delinquent on any non-tax debt owed to any Federal agency at the time the applicant files it[s] FCC Form 175, the applicant will not be
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-420A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-420A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-420A1.txt
  • to participate in an FCC auction. Applicants are encouraged to review the Bureau's previous guidance on default and delinquency disclosure requirements in the context of the short-form application process. For example, to the extent that Commission rules permit late payment of regulatory or application fees accompanied by late fees, such debts will become delinquent for purposes of sections 1.2105(a) and 1.2106(a) only after the expiration of a final payment deadline. Therefore, with respect to regulatory or application fees, the provisions of sections 1.2105(a) and 1.2106(a) regarding default and delinquency in connection with competitive bidding are limited to circumstances in which the relevant party has not complied with a final Commission payment deadline. Parties are also encouraged to consult with the Bureau's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-420A1_Rcd.pdf
  • to participate in an FCC auction. 81. Applicants are encouraged to review the Bureau's previous guidance on default and delinquency disclosure requirements in the context of the short-form application process.106 For example, to the extent that Commission rules permit late payment of regulatory or application fees accompanied by late fees,such debts will become delinquent for purposes of sections 1.2105(a) and 1.2106(a) only after the expiration of a final payment deadline.107 Therefore, with respect to regulatory or application fees, the provisions of sections 1.2105(a) and 1.2106(a) regarding default and delinquency in connection with competitive bidding are limited to circumstances in which the relevant party has not complied with a final 102 47 C.F.R. �� 1.2105(a)(2)(x), 1.2105(b)(1), and 1.2106(a); see Part 1 Fifth
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-435A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-435A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-435A1.txt
  • 27, 2011; Notice and Filing Requirements, Minimum Opening 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). See section I.B., below; see also 47 C.F.R. � 1.2106 (upfront payment rule). 47 C.F.R. �� 1.65, 1.2105(c). Sections 1.65(a) and 1.2105(c) of the Commission's rules require each applicant in competitive bidding proceedings to furnish additional or corrected information within five days of a significant occurrence, or to amend its short-form application no more than five days after the applicant becomes aware of the need for amendment. See Procedural Amendments
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-435A1_Rcd.pdf
  • for April 27, 2011; Notice and Filing Requirements, Minimum Opening 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-7A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-7A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-7A1.txt
  • or (202) 418-0432 (TTY). -FCC- See ``Auction of VHF 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''). See section I.B., below; see also 47 C.F.R. � 1.2106 (upfront payment rule). 47 C.F.R. �� 1.65, 1.2105(c). Sections 1.65(a) and 1.2105(c) of the Commission's rules require each applicant in competitive bidding proceedings to furnish additional or corrected information within five days of a significant occurrence, or to amend its short-form application no more than five days after the applicant becomes aware of the need for amendment. See Procedural Amendments
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-7A1_Rcd.pdf
  • accuracy of its short-form application as 1See "Auction of VHF 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-986A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-986A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-986A1.txt
  • (202) 418-0432 (TTY). - FCC - See ``Auction of 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''). See section I.B., below; see also 47 C.F.R. � 1.2106 (upfront payment rule). 47 C.F.R. �� 1.65, 1.2105(c). Sections 1.65(a) and 1.2105(c) of the Commission's rules require each applicant in competitive bidding proceedings to furnish additional or corrected information within five days of a significant occurrence, or to amend its short-form application no more than five days after the applicant becomes aware of the need for amendment. See Procedural Amendments
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-986A1_Rcd.pdf
  • 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 C.F.R. �� 1.65, 1.2105(c). Sections 1.65(a) and 1.2105(c) of the Commission's rules require each applicant in competitivebidding proceedings to furnish additional or corrected information within five days of a significant occurrence, or to amend its short-form application no more than five days after the applicant becomes aware of the need for amendment. SeeProcedural Amendments to Commission
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-148A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-148A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-148A1.txt
  • 2012; Notice and Filing Requirements, Minimum Opening Bids, Upfront 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). See section I.B., below; see also 47 C.F.R. � 1.2106 (upfront payment rule). 47 C.F.R. �� 1.65, 1.2105(c). Sections 1.65(a) and 1.2105(c) of the Commission's rules require each applicant in competitive bidding proceedings to furnish additional or corrected information within five days of a significant occurrence, or to amend its short-form application no more than five days after the applicant becomes aware of the need for amendment. See Procedural Amendments
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-148A1_Rcd.pdf
  • 27, 2012; Notice and Filing Requirements, Minimum Opening Bids, Upfront 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-440A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-440A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-440A1.txt
  • Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and section 1.2104(g)(2) of the Commission's rules, 47 C.F.R. � 1.2104(g)(2), Spectrum Acquisitions, Inc. is ASSESSED a final default payment obligation as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to sections 1.2104 and 1.2106 of the Commission's rules, 47 C.F.R. �� 1.2104 and 1.2106, Spectrum Acquisitions, Inc's interim payment or funds on deposit will be applied towards the final default payment. IT IS FURTHER ORDERED that Spectrum Acquisition Inc.'s debt of $110,800.00 is payable in full and without further demand, and it must be paid within 30 days of the date of this Order
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-441A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-441A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-441A1.txt
  • IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and section 1.2104(g)(2) of the Commission's rules, 47 C.F.R. � 1.2104(g)(2), Golden Arrow Paging, Inc. is ASSESSED a final default payment obligation as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to sections 1.2104 and 1.2106 of the Commission's rules, 47 C.F.R. �� 1.2104 and 1.2106, Golden Arrow Paging, Inc.'s interim payment or funds on deposit will be applied towards the final default payment. IT IS FURTHER ORDERED that Golden Arrow Paging, Inc.'s debt of $25,011.50 is payable in full and without further demand, and it must be paid within 30 days of the date of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-442A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-442A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-442A1.txt
  • IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and section 1.2104(g)(2) of the Commission's rules, 47 C.F.R. � 1.2104(g)(2), Longstreet Communications International, Inc. is ASSESSED a final default payment obligation as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to sections 1.2104 and 1.2106 of the Commission's rules, 47 C.F.R. �� 1.2104 and 1.2106, Longstreet Communications International, Inc.'s interim payment or funds on deposit will be applied towards the final default payment. IT IS FURTHER ORDERED that Longstreet Communications International, Inc.'s debt of $1,045,600.89 is payable in full and without further demand, and it must be paid within 30 days of the date of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-443A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-443A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-443A1.txt
  • Clauses Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and section 1.2104(g)(2) of the Commission's rules, 47 C.F.R. � 1.2104(g)(2), Mary Vargas is ASSESSED a final default payment obligation as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to sections 1.2104 and 1.2106 of the Commission's rules, 47 C.F.R. �� 1.2104 and 1.2106, Mary Vargas's interim payment or funds on deposit will be applied towards the final default payment. IT IS FURTHER ORDERED that Mary Vargas's debt of $201,908.75 is payable in full and without further demand, and it must be paid within 30 days of the date of this Order (the Due
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-457A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-457A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-457A1.txt
  • Notice and Filing Requirements, Minimum Opening Bids, Reserve Prices, Upfront Payments, and Other Procedures for Auctions 73 and 76,'' Public Notice, 22 FCC Rcd 18,141, 18,211 �� 267-68 (2007). See also Implementation of Section 309(j) of the Communications Act-Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5563 n. 51 (1994). See 47 C.F.R. � 1.2106(d) and (e). See 47 C.F.R. � 1.2104(g)(1). Id. See Entertainment Unlimited, Inc., Request for Refund of Late Payment Fees for PCS Licenses Purchased in Auction 22, Memorandum Opinion and Order, 16 FCC Rcd 10,030 (2001) (noting that the Commission does not accept instructions regarding the refund of excess upfront payments from entities or individuals other than the payor of record).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-457A1_Rcd.pdf
  • 2008, Notice and Filing Requirements, Minimum Opening Bids, Reserve Prices, Upfront Payments, and Other Procedures for Auctions 73 and 76," Public Notice,22 FCC Rcd 18,141, 18,211 �� 267-68 (2007). See also Implementation of Section 309(j) of the Communications Act-Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5563 n. 51 (1994). 7See 47 C.F.R. � 1.2106(d) and (e). 8See 47 C.F.R. � 1.2104(g)(1). 9Id. 10SeeEntertainment Unlimited, Inc., Request for Refund of Late Payment Fees for PCS Licenses Purchased in Auction 22, Memorandum Opinion and Order, 16 FCC Rcd 10,030 (2001) (noting that the Commission does not accept instructions regarding the refund of excess upfront payments from entities or individuals other than the payor of record). 2906
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-458A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-458A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-458A1.txt
  • IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and section 1.2104(g)(2) of the Commission's rules, 47 C.F.R. � 1.2104(g)(2), VentureTel 700, Inc. is ASSESSED a final default payment obligation as computed in Attachment A. IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, VentureTel 700, Inc.'s interim payments or funds on deposit will be applied towards the sum of the default payment, and the Commission will refund amounts due upon request from the payor(s) of record. IT IS FURTHER ORDERED that, in accordance with section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-458A1_Rcd.pdf
  • Clauses Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. ��154(i), 309, and section 1.2104(g)(2) of the Commission's rules, 47 C.F.R. �1.2104(g)(2), VentureTel 700, Inc. is ASSESSED a final default payment obligation as computed in Attachment A. ITIS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, VentureTel 700, Inc.'s interim payments or funds on deposit will be applied towards the sum of the default payment, and the Commission will refund amounts due upon request from the payor(s) of record. ITIS FURTHER ORDERED that, in accordance with section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining funds
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-518A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-518A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-518A1.txt
  • Clauses Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and section 1.2104(g)(1) of the Commission's rules, 47 C.F.R. � 1.2104(g)(1), Alltel Corporation is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to sections 1.2104 and 1.2106 of the Commission's rules, 47 C.F.R. �� 1.2104 and 1.2106, Alltel Corporation's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that Alltel Corporation's debt of $496,300.00 is payable in full and without further demand, and it must be paid within 30 days of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-518A1_Rcd.pdf
  • Public Notice, 26 FCC Rcd 10,494, 10,503 (WTB 2011). 10See47 C.F.R. � 1.2104(g)(1). 11Id. 12Id. See Auctionof 700 MHz Band Licenses Scheduled for January 24, 2008, Notice and Filing Requirements, Minimum Opening Bids, Reserve Prices, Upfront Payments, and Other Procedures for Auctions 73 and 76, Public Notice,22 FCC Rcd 18,141, 18,211 �� 267-68 (WTB 2007). 13See 47 C.F.R. �� 1.2104(g)(1), 1.2106(d) and (e). 3175 Alltel Corporation DA 12-518 April 3, 2012 appropriate request, the Commission refunds the interim payment.14If, in a subsequent auction, the winning bid for that license is less than the bidder's withdrawn amount, then the bidder is required to make a final bid withdrawal payment equal to either the difference between the bidder's net withdrawn bid and the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-519A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-519A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-519A1.txt
  • IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and section 1.2104(g)(1) of the Commission's rules, 47 C.F.R. � 1.2104(g)(1), East Kentucky Network, LLC is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to sections 1.2104 and 1.2106 of the Commission's rules, 47 C.F.R. �� 1.2104 and 1.2106, East Kentucky Network, LLC's interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that East Kentucky Network, LLC's debt of $1,147,600.00 is payable in full and without further demand, and it must be paid within
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-519A1_Rcd.pdf
  • interest,15and penalties16will accrue beginning from that date. Interest accrues at a minimum annual 6Id. 7Id.; SeeAuctionof 700 MHz Band Licenses Scheduled for January 24, 2008, Notice and Filing Requirements, Minimum Opening Bids, Reserve Prices, Upfront Payments, and Other Procedures for Auctions 73 and 76, Public Notice,22 FCC Rcd 18,141, 18,211 �� 267-68 (WTB 2007). 8See 47 C.F.R. � � 1.2104(g)(1), 1.2106(d) and (e). 9See 47 C.F.R. � 1.2104(g)(1). 10Id. 11Id. 12Public Law 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996) codified in relevant part at31 U.S.C. �� 3716 (administrative offset) and 3717 (interest and penalty on claims); see also47 C.F.R. �� 1.1911, 1.1912, and 1.1940. 13As noted at Attachment B, if the 30th day falls on a non-business day, payment must
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-520A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-520A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-520A1.txt
  • IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and section 1.2104(g)(2) of the Commission's rules, 47 C.F.R. � 1.2104(g)(2), Tel-Com Wireless Cable TV Corporation is ASSESSED a final default payment obligation as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to sections 1.2104 and 1.2106 of the Commission's rules, 47 C.F.R. �� 1.2104 and 1.2106, Tel-Com Wireless Cable TV Corporation's interim payment or funds on deposit will be applied towards the final default payment. IT IS FURTHER ORDERED that Tel-Com Wireless Cable TV Corporation's debt of $1,354,164.40 is payable in full and without further demand, and it must be paid within 30 days of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-520A1_Rcd.pdf
  • Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. ��154(i), 309, and section 1.2104(g)(2) of the Commission's rules, 47 C.F.R. �1.2104(g)(2), Tel-Com Wireless Cable TV Corporation is ASSESSED a final default payment obligation as computed in Attachment A. ITIS FURTHER ORDERED that, pursuantto sections 1.2104 and 1.2106 of the Commission's rules, 47 C.F.R. ��1.2104 and 1.2106, Tel-Com Wireless Cable TV Corporation's interim payment or funds on deposit will be applied towards the final default payment. 1531 U.S.C. � 3717(e)(1); 47 C.F.R. � 1.1940(c). 1631 U.S.C. � 3717(b); 47 C.F.R. � 1.1940(b). 1731 U.S.C. � 3717(e); 47 C.F.R. � 1.1940(d). 1847 C.F.R. � 1.1940(b). 1931 U.S.C. � 3717(e)(2);
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-521A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-521A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-521A1.txt
  • the winning bidder in Auction 86, its long-form application is dismissed, and it is subject to the applicable default payment. Pursuant to section 1.2104(g)(2) of the Commission's rules and the procedures established for Auction 86, Trident Global owed an interim default payment of $98,250.00, which is fifteen percent (15%) of its total net winning bid of $655,000.00. Pursuant to section 1.2106(e) of the rules, we applied Trident Global's $60,000.00 payment on deposit toward satisfying this interim default payment obligation. After doing so, this left Trident Global with an outstanding balance of $38,250.00. Trident Global paid that amount to the Commission's lockbox bank on June 8, 2010. Once a subsequent winning bid is established for the relevant spectrum, we will determine Trident
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-521A1_Rcd.pdf
  • it was the winning bidder in Auction 86, its long-form application is dismissed, and it is subject to the applicable default payment.19Pursuant to section 1.2104(g)(2) of the Commission's rules and the procedures established for Auction 86, Trident Global owed an interim default payment of $98,250.00, which is fifteen percent (15%) of its total net winning bid of $655,000.00.20Pursuant to section 1.2106(e) of the rules, we applied Trident Global's $60,000.00 payment on deposit toward satisfying this interim default payment obligation.21After doing so, this left Trident Global with an outstanding balance of $38,250.00. Trident Global paid that amount to the Commission's lockbox bank on June 8, 2010.22Once a subsequent winning bid is established for the relevant spectrum, we will determine Trident Global's final
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-577A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-577A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-577A1.txt
  • Rulemaking, 26 FCC Rcd 17,663 (rel. Nov. 18, 2011). Certain information included in WCC's petition was filed pursuant to the Protective Order in this proceeding. Connect America Fund et al., WC Docket No. 10-90 et al., Protective Order, 25 FCC Rcd 13160 (Wireline Comp. Bur. 2010). 47 C.F.R. � 54.307(e). 47 C.F.R. �� 1.1200 et seq. See 47 C.F.R. � 1.2106(b)(2). 47 C.F.R. � 1.1206(b). PUBLIC NOTICE News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 � � $ ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� R � � � � � � �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-577A1_Rcd.pdf
  • of the views and arguments presented generally is required.4Other rules pertaining to oral and written ex parte presentations in permit-but-disclose proceedings are set forth in section 1.1206(b) of the Commission's rules.5 For further information, please contact Sue McNeil, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau at (202) 418-0660. -FCC- 347 C.F.R. �� 1.1200 et seq. 4See 47 C.F.R. � 1.2106(b)(2). 547 C.F.R. � 1.1206(b). 3977
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-964A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-964A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-964A1.txt
  • IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and section 1.2104(g)(1) of the Commission's rules, 47 C.F.R. � 1.2104(g)(1), Sheila Callahan and Friends, Inc. is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to sections 1.2104 and 1.2106 of the Commission's rules, 47 C.F.R. �� 1.2104 and 1.2106, Sheila Callahan and Friends, Inc.'s interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that Sheila Callahan and Friends, Inc.'s debt of $47,340.00 is payable in full and without further demand, and it must be
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-965A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-965A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-965A1.txt
  • IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and section 1.2104(g)(2) of the Commission's rules, 47 C.F.R. � 1.2104(g)(2), Kankakee Valley Broadcasting Company, Inc. is ASSESSED a final default payment obligation as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to sections 1.2104 and 1.2106 of the Commission's rules, 47 C.F.R. �� 1.2104 and 1.2106, Kankakee Valley Broadcasting Company, Inc.'s interim payment or funds on deposit will be applied towards the final default payment. IT IS FURTHER ORDERED that Kankakee Valley Broadcasting Company, Inc.'s debt of $89,200.00 is payable in full and without further demand, and it must be paid within 30 days of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-966A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-966A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-966A1.txt
  • was the winning bidder in Auction 62, its long-form application is dismissed, and it is subject to the applicable default payment. Pursuant to section 1.2104(g)(2) of the Commission's rules and the procedures established for Auction 62, Talkline owes an interim default payment of $7,585.50, which is three percent (3%) of its total net winning bid of $252,850.00. Pursuant to section 1.2106(e) of the rules, we will apply Talkline's $40,000.00 payment on deposit toward satisfying this interim default payment obligation. Once a subsequent winning bid is established for the relevant spectrum, we will determine Talkline's final default payment obligation. If an additional payment is required, a further order will assess such payment. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to sections
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  • Notice and Filing Requirements, Minimum Opening Bids, Reserve Prices, Upfront Payments, and Other Procedures for Auctions 73 and 76, Public Notice, 22 FCC Rcd 18,141, 18,211 �� 267-68 (2007). See also Implementation of Section 309(j) of the Communications Act-Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5563 n. 51 (1994). See 47 C.F.R. � 1.2106(d) and (e). See 47 C.F.R. � 1.2104(g)(1). Id. Id. See Entertainment Unlimited, Inc., Request for Refund of Late Payment Fees for PCS Licenses Purchased in Auction 22, Memorandum Opinion and Order, 16 FCC Rcd 10,030 (2001) (noting that the Commission does not accept instructions regarding the refund of excess upfront payments from entities or individuals other than the payor of
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  • IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and section 1.2104(g)(2) of the Commission's rules, 47 C.F.R. � 1.2104(g)(2), Ozark Paging, LLC is ASSESSED a final default payment as computed in Attachment A. IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Ozark Paging, LLC's interim payments or funds on deposit will be applied towards the sum of the default payment, and the Commission will refund amounts due upon request from the payor(s) of record. IT IS FURTHER ORDERED that, in accordance with section 1.2104 of the Commission's rules, the Commission is prepared to refund to the payor(s) of record, the remaining
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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 Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554
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  • �� 309(j)(3)(B); (C). The Commission's auction process for electromagnetic spectrum includes various stages. As relevant, participants are required to fill out a "short-form" application providing preliminary information. 47 C.F.R. � 1.2105(a). The Commission may require applicants for a license to submit an "upfront payment," 3 to be applied against any payment made as part of a winning bid, id. � 1.2106 ("upfront payment rule"); when these payments are not made, the Commission's regulations provide that this party "will be ineligible to bid [and] its application will be dismissed," id. � 1.2106(c). The Commission's anti-collusion rule is aimed, in part, at "strengthen[ing] confidence in the . . . bidding process." In the Matter of Implementation of Section 309(j) of the Communications Act
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  • is the interest rate that would apply to corporate debt, i.e., rates on corporate bonds offered by Qualcomm or similarly situated firms. We believe that 11.5% is a reasonable estimate of this market cost of debt at the time the payment stream would have begun. Third Report and Order, 9 FCC Rcd at 1339 (para. 8). See 47 C.F.R. � 1.2106. See 47 C.F.R. �� 1.2104(g)(1),(2). See Part 1 of the Commission's Rules, Subpart Q, Competitive Bidding Proceedings, 47 C.F.R. � 1.2101 et seq. 47 C.F.R. � 1.2105. 47 C.F.R. � 1.2112. 47 C.F.R. � 1.2107. See 47 C.F.R. � 1.2108(b). See 47 C.F.R. � 1.2109(a). Commission staff will provide further guidance regarding notification procedures. (continued....) Federal Communications Commission FCC 00-189
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  • participate in future C block auctions, the Commission reasoned that "the integrity of the auctions program and the licensing process dictates requiring a more stringent financial showing from applicants with a poor Federal financial track record." We believe that this reasoning applies with equal force to "former defaulters" seeking to participate in any Commission auction. Consequently, we will amend Section 1.2106(a) of our general competitive bidding rules to require that "former defaulters" pay an upfront payment amount of 1.5 times the normal amount set by the Bureau for any given license in a Commission auction. So that the Bureau may implement this rule, we will require applicants to make an additional certification revealing whether they have ever been in default on
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  • 165 F.3d 965, 971 (D.C. Cir. 1999) (upholding Commission's decision not to allow small businesses to pay by installment for licenses won in an 800 MHz Specialized Mobile Radio Service auction). DEF Report and Order, 11 FCC Rcd at 7858, para. 73. Id. Part 1 Third Report and Order, 13 FCC Rcd at 425, para. 86; see 47 C.F.R. � 1.2106; see Competitive Bidding Second Report and Order, 9 FCC Rcd at 2378, para. 171. Part 1 Third Report and Order, 13 FCC Rcd at 427, para. 91; see 47 C.F.R. � 1.2107. C Block Fourth Report and Order, 13 FCC Rcd at 15,761, para. 32; see 47 C.F.R. �� 24.711, 24.716. We note that the Balanced Budget Act of 1997
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  • commenced before the auction, was resolved before the public notice was issued announcing the payment deadline. Payment Public Notice, 16 FCC Rcd at 5410-11. See 47 C.F.R. �� 1.2109(a), 73.5003(c). See, e.g., 47 C.F.R. � 73.5003 (upfront, first down, and final payments in broadcast and ITFS auctions shall be paid in accordance with procedures set forth in 47 C.F.R. �� 1.2106, 1.2107(b), and 1.2109(a)); 47 C.F.R. � 73.5004 (broadcast and ITFS auction bid withdrawal procedures to follow 47 C.F.R. �� 1.2109(b)-(d)); 47 C.F.R. � 73.5006 (petitions to deny may be filed ``as set forth in 47 C.F.R. � 1.2108''). See also Third Report and Order, 13 FCC Rcd at 431, and 47 C.F.R. � 73. 5006(d) (winning bidders not required to
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  • Order, 13 FCC Rcd at 15965. The Bureau further stated that Michael's auction filing window application would be dismissed upon award of a construction permit to ALM or PMCC. Staff Decision at 4. Id. at 15975, 15976 n.159. Public Notice, ``New AM Broadcast Stations Auction Closes,'' 17 FCC Rcd 25122 (WTB/MB 2002) (``Auction 32 Closing Public Notice''). 47 C.F.R. � 1.2106(c) (applicant not submitting at least the minimum upfront payment will be ineligible to bid and its application dismissed). See Public Notice, ``Auction of Construction Permits for New AM Broadcast Stations - 5 Qualified Bidders,'' 17 FCC Rcd 23665, 23675 (MB/WTB 2002) (ALM listed as non-qualified bidder). Auction 32 Closing Public Notice at 25129. PMCC submitted a gross bid equal to
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  • These numbers reflect 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
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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 Richard Hodson - Request for Waiver of Section 1.2106(a) of the Commission's Rules ) ) ) ) MEMORANDUM OPINION AND ORDER Adopted: November 1, 2004 Released: November 2, 2004 By the Commission: In this order, we deny the Application for Review filed by Richard Hodson (dba Hodson Broadcasting) on October 4, 2004. Mr. Hodson seeks reversal of a decision of the Wireless Telecommunications Bureau's Auctions and Spectrum Access Division
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  • 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 seek comment on
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  • 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 seek comment on
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  • 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 June 16, 2005)
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  • 66. Applicants are encouraged to review the Bureau's previous guidance on default and delinquency disclosure requirements in the context of the short-form application process. For example, it has been determined that to the extent that Commission rules permit late payment of regulatory or application fees accompanied by late fees, such debts will become delinquent for purposes of Sections 1.2105(a) and 1.2106(a) only after the expiration of a final payment deadline. Therefore, with respect to regulatory or application fees, the provisions of Sections 1.2105(a) and 1.2106(a) regarding default and delinquency in connection with competitive bidding are limited to circumstances in which the relevant party has not complied with a final Commission payment deadline. The Commission considers outstanding debts owed to the United
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  • Public/ Private Partnership License, including the practices and procedures listed in Part 1 of our rules. For example, the down payment requirement, the obligation of the winning bidder for the D Block license to file a ``long form'' license application, and the consequences of a default prior to grant of the license will be in accordance with Sections 1.2104, 1.2105, 1.2106, 1.2107, and 1.2109 of the Commission's rules. If the long form application is denied, the procedures under Section 1.2109 of the Commission's rules will generally apply. We note that we may complete review of the long form application and deny the application without regard to the NSA, if the application is deficient or the grant of the license would otherwise
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1_Erratum.doc
  • Public/ Private Partnership License, including the practices and procedures listed in Part 1 of our rules. For example, the down payment requirement, the obligation of the winning bidder for the D Block license to file a ``long form'' license application, and the consequences of a default prior to grant of the license will be in accordance with Sections 1.2104, 1.2105, 1.2106, 1.2107, and 1.2109 of the Commission's rules. If the long form application is denied, the procedures under Section 1.2109 of the Commission's rules will generally apply. We note that we may complete review of the long form application and deny the application without regard to the NSA, if the application is deficient or the grant of the license would otherwise
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  • longer remained an applicant in the auction. Although the Commission's rules state that an applicant that does not submit the auction's minimum upfront payment ``will be ineligible to bid'' and the applicant's application ``will be dismissed,'' that language does not circumscribe the definition of applicant for purposes of the anti-collusion rule contained in section 1.2105. Moreover, the language of section 1.2106(c) indicates future, not immediate or automatic, action. Because the dismissal requires future action by the Commission, the rule is not self-effectuating. Similarly, the dismissal provisions of sections 24.203(b) and (c) of the Commission's rules, upon which Star and Northeast rely, are not self-effectuating because the termination provisions are not solely contained in the rule. Instead, sections 1.946(c) and 1.955(a)(2) of
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  • area proposes to place a principal community signal over 50 percent or more of the urbanized area). Mr. Dave Garey, Lee J. Peltzman, Esq., and A. Wray Fitch, III, Esq., Letter, Ref. No. 1800B3-TSN (MB Aug. 15, 2002). New AM Broadcast Stations Auction Closes, Public Notice, 17 FCC Rcd 25122 (WTB/MB 2002) (``Auction 32 Closing Public Notice''). 47 C.F.R. � 1.2106(c) (applicant not submitting at least the minimum upfront payment will be ineligible to bid and its application dismissed). See Auction of Construction Permits for New AM Broadcast Stations - 5 Qualified Bidders, Public Notice, 17 FCC Rcd 23665, 23675 (MB/WTB 2002) (ALM listed as non-qualified bidder). Auction 32 Closing Public Notice at 25129. PMCC submitted a gross bid equal to
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  • 4. See also NUSCO Opposition to Motion to Strike at 2-3. Reply to Oppositions to Application for Review at 5. Id. Bureau Order, 20 FCC Rcd at 8090 � 8 n.36. See supra note 5 regarding applicants' establishment of bidding eligibility through their submission of upfront payments. Application for Review at 7-9. See infra para. 75-77. See 47 C.F.R. � 1.2106(d). With respect to the arguments presented regarding Section 1.106 of the Commission's rules, we note that it is unclear whether PSI participated in this proceeding as early as it could have. PSI cites its letter of September 14, 2004, in which it asked the Bureau to ``clarify whether the filing of two auction applications for the same licenses by commonly
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-54A1_Rcd.pdf
  • dismiss PSI's Application for Review for lack of standing. Instead, we 61Reply to Oppositions to Application for Review at 5. 62Id. 63Bureau Order, 20 FCC Rcd at 8090 � 8 n.36. 64See supra note 5 regarding applicants' establishment of bidding eligibility through their submission of upfront payments. 65Application for Review at 7-9. 66See infra para. 75-77. 67See 47 C.F.R. � 1.2106(d). 68With respect to the arguments presented regarding Section 1.106 of the Commission's rules, we note that it is unclear whether PSI participated in this proceeding as early as it could have. PSI cites its letter of September 14, 2004, in which it asked the Bureau to "clarify whether the filing of two auction applications for the same licenses by commonly
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  • Order, 13 FCC Rcd 15920, 15974, 15979-80 (1998) (``Broadcast First Report and Order'') (applications specifying the same vacant FM allotment are mutually exclusive; mutually exclusive applicants identified by public notice are required to submit the full amount of their upfront payment to the Commission's lock-box bank by the date specified in the public notice, in accordance with 47 C.F.R. � 1.2106), on recon., Memorandum Opinion and Order, 14 FCC Rcd 8724 (1999), on further recon., Memorandum Opinion and Order, 14 FCC Rcd 14521 (1999). See also, e.g., 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, Public Notice, 25 FCC Rcd 16787, 16790 (MB/WTB
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  • 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 example, the transfer disclosure requirements for
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  • and 90 C.F.R. �� 90.801 et seq. (rules for 900 MHz SMR auctions). Since the competitive bidding for universal service support contemplated in the instant proceeding does not involve choosing from among mutually exclusive applications for licenses to use the electromagnetic spectrum, Section 309(j) of the Act, and the Commission's rules adopted pursuant thereto, would not apply. 347 In Section 1.2106 of the Commission's rules, 47 C.F.R. � 1.2106, the Commission authorized the collection of upfront payments and set forth general rules concerning them. Service-specific rules require upfront payments in particular auctions. See, e.g., 47 C.F.R. � 24.706 (upfront payment rule for broadband PCS auctions). Public Notice, Report No. AUC-94-04, released September 19, 1994 (setting forth auction procedures, including activity requirements,
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  • explicit authority to pay interest to licensees, which was one of DiGiPH's suggestions. Id. at 8. For example, unsuccessful bidders in Commission auctions do not earn interest on their upfront payments or down payments. Rather, the accrued interest on these funds is transferred to the Telecommunications Development Fund. See Communications Act � 309(j)(8)(C), 47 U.S.C. � 309(j)(8)(C); 47 C.F.R. �� 1.2106(a) and 1.2107(b). - 13 - an array of alternative payment options, designed to accommodate licensees' various needs. These options were developed and are now being modified in an effort to balance complex and competing interests, with the recognition that it is impossible to devise alternatives that satisfy every entity with an interest in this proceeding. The record before us does
• http://transition.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da980572.pdf
  • (FCC Forms 175 and 175-S). Each applicant to participate in competitive bidding for LMDS licenses must submit an application (FCC Forms 175 and 175-S) pursuant to the provisions of Sec. 1.2105 of this chapter. Sec. 101.1105 Submission of payments. (a) Each applicant to participate in an LMDS auction will be required to submit an upfront payment in accordance with Sec. 1.2106 of this chapter as announced by the Wireless Telecommunications Bureau by Public Notice. (b) Winning bidders in LMDS auctions must submit a down payment to the Commission in an amount sufficient to bring their total deposits up to 20 percent of their winning bids within ten business days following the release of a Public Notice announcing the close of the
• http://transition.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002614.pdf
  • to the FCC Form 175 applications, these applicants need take no further action except as may be necessary to maintain the accuracy of their applications.2 Also, applicants are advised that Attachment A includes FCC account numbers that were automatically created by the FCC software system for each applicant, and which are applicable for bidding only. 1 See 47 C.F.R. � 1.2106. 2 See 47 C.F.R. � 1.65. 2 Incomplete: Applications found to be incomplete are listed alphabetically in Attachment B. Applicants whose FCC Form 175 applications have been deemed incomplete will receive overnight correspondence indicating what information is required to make the applications acceptable for filing. These applicants may become qualified bidders only if they: (1) make the required upfront payments
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  • Inc., dated November 25, 2002. A listing of the communications-related entities in which Northeast holds an interest, based upon the entities named in the FCC Form 602 and the Commission's licensing records, is provided as Attachment A. 31 See Northeast FCC Form 175, Ex. B. 32 Id. 33 See May 24 Status Public Notice at 2; see also 47 C.F.R. 1.2106. 34 See June 7 Qualified Bidders Public Notice, Attachment A at 6. 35 Northeast Response at A6. 36 See June 7 Qualified Bidders Public Notice, Attachment A. 37 See Auction No, 44-Revised Schedule, License Inventory, and Procedures, Public Notice, DA 02-1491 at 1(WTB rel. June 26, 2002). 38 See Northeast Response at A4. Mr. Schneider left the employ of Northeast
• http://transition.fcc.gov/eb/Orders/2003/DA-03-2723A1.html
  • Inc., dated November 25, 2002. A listing of the communications-related entities in which Northeast holds an interest, based upon the entities named in the FCC Form 602 and the Commission's licensing records, is provided as Attachment A. 31 See Northeast FCC Form 175, Ex. B. 32 Id. 33 See May 24 Status Public Notice at 2; see also 47 C.F.R. 1.2106. 34 See June 7 Qualified Bidders Public Notice, Attachment A at 6. 35 Northeast Response at A6. 36 See June 7 Qualified Bidders Public Notice, Attachment A. 37 See Auction No, 44-Revised Schedule, License Inventory, and Procedures, Public Notice, DA 02-1491 at 1(WTB rel. June 26, 2002). 38 See Northeast Response at A4. Mr. Schneider left the employ of Northeast
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-80A1.html
  • longer remained an applicant in the auction. Although the Commission's rules state that an applicant that does not submit the auction's minimum upfront payment "will be ineligible to bid" and the applicant's application "will be dismissed," that language does not circumscribe the definition of applicant for purposes of the anti-collusion rule contained in section 1.2105. Moreover, the language of section 1.2106(c) indicates future, not immediate or automatic, action. Because the dismissal requires future action by the Commission, the rule is not self-effectuating. Similarly, the dismissal provisions of sections 24.203(b) and (c) of the Commission's rules, upon which Star and Northeast rely, are not self-effectuating because the termination provisions are not solely contained in the rule. Instead, sections 1.946(c) and 1.955(a)(2) of
• http://transition.fcc.gov/fcc-bin/audio/published_audio_documents.html
  • for not timely filing the renewal of license application. July 9, 2010 Texas Southern University, re renewal of license for KTSU (FM), Houston, TX, Forfeiture Order, DA 10-1281, released July 13, 2010. [ [483]PDF | [484]Word ]. $7,000 forfeiture for not timely filing the renewal of license application. July 8, 2010 Four Corners Broadcasting, LLC, request for waiver of Section 1.2106(a) in Closed Auction No. 88, Letter, DA 10-1270, released July 8, 2010. [ [485]PDF | [486]Word ]. Denied the request for waiver of the upfront payment deadline for the upcoming auction of broadcast construction permits in Auction No. 88. July 8, 2010 Christian Action Team, Inc., re renewal of license for KJLG (FM), Emporia, KS, Letter, Forfeiture Order, DA 10-1273,
• http://wireless.fcc.gov/auctions/00a/releases/fc990239.pdf http://wireless.fcc.gov/auctions/00a/releases/fc990239.txt http://wireless.fcc.gov/auctions/00a/releases/fc990239.wp
  • million for the preceding three years, and 10 percent for businesses with average gross revenues not exceeding $15 million for the preceding three years). See Hughes Comments at 10; In-Sync Comments at 15; Community Teleplay Comments at 15; ITV Comments 356 at 17; IVDS Affiliates at 17. See, e.g., 47 C.F.R. �� 1.2110 (designated entities), 1.2105 (bidding application and collusion), 1.2106 357 (upfront payments), 1.2103 (competitive bidding design), 1.2104 (competitive bidding mechanisms). 58 competitive bidding rules for all auctionable services, which applied generally to the 218-219 MHz Service, incorporating our experience to date and allowing us to conduct future auctions in a more consistent, efficient, and effective manner. These amended procedures, set forth in Part 1, Subpart Q of the Commission's
• http://wireless.fcc.gov/auctions/02/releases/fc980228.pdf http://wireless.fcc.gov/auctions/02/releases/fc980228.txt http://wireless.fcc.gov/auctions/02/releases/fc980228.wp
  • 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 bid pursuant to � 1.2106 of this chapter and procedures specified by Public Notice. (3) Down payments. See � 1.2107(b) of this chapter. (4) Full payment. See � 1.2109(a) of this chapter. (5) Default or disqualification. See ��1.2104(g)(2) of this chapter. (d) Designated entities. Designated entities are small businesses and very small businesses, as defined in 95.816(d)(4) of this section, and businesses owned by members
• http://wireless.fcc.gov/auctions/02/releases/smo96330.pdf http://wireless.fcc.gov/auctions/02/releases/smo96330.txt http://wireless.fcc.gov/auctions/02/releases/smo96330.wp
  • by women and minorities by doubling the number of bidding credits available to them. Refunds of excess upfront payments on deposit will benefit small businesses. Smaller businesses often have more difficulty raising capital. The rules permitted the retention of any excess upfront payments on deposit with the FCC to apply to down payments or to bid withdrawal payments. 47 C.F.R. �1.2106. While an upfront payment is an important part of ensuring that only serious bidders participate in the Commission's auction process, it is also important that small businesses have an opportunity to put their more limited funds to the best possible use. By assuring the return of excess funds after the first down payment and any withdrawal penalties are paid, small
• http://wireless.fcc.gov/auctions/04/releases/fmoo4285.pdf http://wireless.fcc.gov/auctions/04/releases/fmoo4285.txt http://wireless.fcc.gov/auctions/04/releases/fmoo4285.wp
  • for licenses for xi frequency Blocks C and F. (a) Upfront Payments and Down Payments. (1) Each eligible bidder for licenses on frequency Blocks C or F subject to auction shall pay an upfront payment of $0.015 per MHz per pop for the maximum number of licenses (in terms of MHz-pops) on which it intends to bid pursuant to � 1.2106 of this Chapter and procedures specified by Public Notice. (2) Each winning bidder shall make a down payment equal to ten percent of its winning bid (less applicable bidding credits); a winning bidder shall bring its total amount on deposit with the Commission (including upfront payment) to five percent of its net winning bid within five business days after the
• http://wireless.fcc.gov/auctions/04/releases/frao3253.pdf http://wireless.fcc.gov/auctions/04/releases/frao3253.txt http://wireless.fcc.gov/auctions/04/releases/frao3253.wp
  • by a date specified by Public Notice, but generally no later than 14 days before a scheduled auction. This period should be sufficient to allow the Commission adequate time to process upfront payment data and release a Public Notice listing all qualified bidders, but not so long as to impose undue burdens upon bidders. The rules set forth in Section 1.2106 of the Commission's Rules concerning upfront payments will be applicable in broadband PCS auctions. Each qualified bidder will be issued a bidder identification number and further information and instructions regarding the auction procedures. During an auction, bidders will be required to provide their bidder identification numbers when submitting bids. C.Payment and Procedures for Licenses Awarded by Competitive Bidding 1.Down Payment
• http://wireless.fcc.gov/auctions/05/releases/fc970342.pdf http://wireless.fcc.gov/auctions/05/releases/fc970342.txt http://wireless.fcc.gov/auctions/05/releases/fc970342.wp
  • 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 such rules do not conflict
• http://wireless.fcc.gov/auctions/05/releases/fc980046.pdf http://wireless.fcc.gov/auctions/05/releases/fc980046.txt http://wireless.fcc.gov/auctions/05/releases/fc980046.wp
  • authority to pay interest to licensees, which was one of DiGiPH's 58 suggestions. Id. at 8. For example, unsuccessful bidders in Commission auctions do not earn interest on their upfront payments or down payments. Rather, the accrued interest on these funds is transferred to the Telecommunications Development Fund. See Communications Act � 309(j)(8)(C), 47 U.S.C. � 309(j)(8)(C); 47 C.F.R. �� 1.2106(a) and 1.2107(b). Second Report and Order, 12 FCC Rcd at 16,451 n.54 para. 27. 59 - 12 - payment options, designed to accommodate licensees' various needs. These options were developed and are now being modified in an effort to balance complex and competing interests, with the recognition that it is impossible to devise alternatives that satisfy every entity with an
• http://wireless.fcc.gov/auctions/05/releases/fc980176.pdf http://wireless.fcc.gov/auctions/05/releases/fc980176.txt http://wireless.fcc.gov/auctions/05/releases/fc980176.wp
  • that have defaulted or been delinquent in the past, but have since paid all of their Federal Communications Commission FCC 98-176 CIRI Comments at 7-9; see 47 C.F.R. � 24.720(l)(11). 71 Part 1 Third Report and Order, 13 FCC Rcd at 392-393 para. 28; 47 C.F.R. � 1.2110(b)(4)(xi). 72 47 C.F.R. � 1.2104. 73 Id. � 1.2105 74 Id. �� 1.2106, 1.2107. 75 Id. � 1.2108. 76 Id. � 1.2109; see C Block Further Notice, 12 FCC Rcd at 16,476 para. 90. 77 See Part 1 Third Report and Order, 13 FCC Rcd at 376 para. 1. 78 12 outstanding non-Internal Revenue Service Federal debts and all associated charges or penalties, to be eligible to participate in C block reauctions, provided
• http://wireless.fcc.gov/auctions/05/releases/fc990066.pdf http://wireless.fcc.gov/auctions/05/releases/fc990066.txt http://wireless.fcc.gov/auctions/05/releases/fc990066.wp
  • at 16,448, � 21. Id. at 16,451 n. 54, � 24; see also First Reconsideration Order, 13 FCC Rcd at 8356, � 30. 42 First Reconsideration Order, 13 FCC Rcd at 8356-57, � 30. 43 See id., 13 FCC Rcd at 8357, � 30, n. 58. See also Communications Act, � 309(j)(8)(C), 47 U.S.C. � 44 309(j)(8)(C); 47 C.F.R. �� 1.2106(a) and 1.2107(b). Id. 45 7 prior to the suspension date while other licensees have been permitted a lengthy period of non-payment. 36 Fortunet believes that it should be credited with interest in the calculation of the prepayment credit, in order to put it in a comparable position to those licensees that made no payments. DiGiPH makes a similar claim, 37
• http://wireless.fcc.gov/auctions/05/releases/fmoo4285.pdf http://wireless.fcc.gov/auctions/05/releases/fmoo4285.txt http://wireless.fcc.gov/auctions/05/releases/fmoo4285.wp
  • for licenses for xi frequency Blocks C and F. (a) Upfront Payments and Down Payments. (1) Each eligible bidder for licenses on frequency Blocks C or F subject to auction shall pay an upfront payment of $0.015 per MHz per pop for the maximum number of licenses (in terms of MHz-pops) on which it intends to bid pursuant to � 1.2106 of this Chapter and procedures specified by Public Notice. (2) Each winning bidder shall make a down payment equal to ten percent of its winning bid (less applicable bidding credits); a winning bidder shall bring its total amount on deposit with the Commission (including upfront payment) to five percent of its net winning bid within five business days after the
• http://wireless.fcc.gov/auctions/05/releases/or_95301.pdf http://wireless.fcc.gov/auctions/05/releases/or_95301.txt http://wireless.fcc.gov/auctions/05/releases/or_95301.wp
  • down payments and installment payments for licenses for frequency Block C. (a) Upfront Payments and Down Payments. (1) Each eligible bidder for licenses on frequency Block C subject to auction shall pay an upfront payment of $0.015 per MHz per pop for the maximum number of licenses (in terms of MHz-pops) on which it intends to bid pursuant to � 1.2106 of this Chapter and procedures specified by Public Notice. * * * * * (b) Installment Payments. Each eligible licensee of frequency Block C may pay the remaining 90 percent of the net auction price for the license in installment payments pursuant to � 1.2110(e) of this Chapter and under the following terms: * * * * * (3) For
• http://wireless.fcc.gov/auctions/06/releases/ro950230.pdf http://wireless.fcc.gov/auctions/06/releases/ro950230.txt http://wireless.fcc.gov/auctions/06/releases/ro950230.wp
  • auction. Any applicant who fails to submit a sufficient upfront payment to qualify it to bid on any BTA service area being auctioned will not be identified on this public notice as a qualified bidder, will be prohibited from bidding in the MDS auction, and its application will be dismissed. See Second Report and Order at 2377; 47 C.F.R. � 1.2106. 141. The upfront payments submitted by prospective bidders will later be counted toward the down payments that winning bidders must make. The upfront payments of bidders who are not the high bidder on any BTA service area will be refunded as soon as possible after the MDS auction. Prior to refunding the upfront payments of non-winning bidders, however, we will
• http://wireless.fcc.gov/auctions/07/releases/oor95395.pdf http://wireless.fcc.gov/auctions/07/releases/oor95395.txt http://wireless.fcc.gov/auctions/07/releases/oor95395.wp
  • as defined in � 90.814(g) and/or a women-owned entity. � 90.807 Submission of upfront payments and down payments. (a) Each bidder in the 900 MHz SMR auction will be required to submit an upfront payment of $0.02 per MHz per pop, for the maximum number of licenses (in terms of MHz-pops) on which it intends to bid pursuant to � 1.2106 of this Chapter and procedures specified by Public Notice. (b) Each winning bidder in the 900 MHz SMR auction shall make a down payment to the Commission in an amount sufficient to bring its total deposits up to 20 percent of its winning bid within five business days after the auction closes, and the remaining balance due on the license
• http://wireless.fcc.gov/auctions/08/releases/r&odbs.pdf http://wireless.fcc.gov/auctions/08/releases/r&odbs.txt http://wireless.fcc.gov/auctions/08/releases/r&odbs.wp
  • it will contain information necessary for completion of the application as well as other important information such as any upfront payment that must be submitted, and the location where the application must be filed. � 100.76 Submission of upfront payments and down payments. (a) Bidders in DBS auctions will be required to submit an upfront payment in accordance with � 1.2106 of this chapter, the amount of which will be announced by Public Notice prior to each auction. (b) Winning bidders in a DBS auction must submit a down payment to the Commission in an amount sufficient to bring their total deposits up to 20 percent of their winning bids within ten (10) business days of the announcement of winning bidders.
• http://wireless.fcc.gov/auctions/10/releases/fc970342.pdf http://wireless.fcc.gov/auctions/10/releases/fc970342.txt http://wireless.fcc.gov/auctions/10/releases/fc970342.wp
  • 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 such rules do not conflict
• http://wireless.fcc.gov/auctions/10/releases/fc980176.pdf http://wireless.fcc.gov/auctions/10/releases/fc980176.txt http://wireless.fcc.gov/auctions/10/releases/fc980176.wp
  • that have defaulted or been delinquent in the past, but have since paid all of their Federal Communications Commission FCC 98-176 CIRI Comments at 7-9; see 47 C.F.R. � 24.720(l)(11). 71 Part 1 Third Report and Order, 13 FCC Rcd at 392-393 para. 28; 47 C.F.R. � 1.2110(b)(4)(xi). 72 47 C.F.R. � 1.2104. 73 Id. � 1.2105 74 Id. �� 1.2106, 1.2107. 75 Id. � 1.2108. 76 Id. � 1.2109; see C Block Further Notice, 12 FCC Rcd at 16,476 para. 90. 77 See Part 1 Third Report and Order, 13 FCC Rcd at 376 para. 1. 78 12 outstanding non-Internal Revenue Service Federal debts and all associated charges or penalties, to be eligible to participate in C block reauctions, provided
• http://wireless.fcc.gov/auctions/10/releases/fmoo4285.pdf http://wireless.fcc.gov/auctions/10/releases/fmoo4285.txt http://wireless.fcc.gov/auctions/10/releases/fmoo4285.wp
  • for licenses for xi frequency Blocks C and F. (a) Upfront Payments and Down Payments. (1) Each eligible bidder for licenses on frequency Blocks C or F subject to auction shall pay an upfront payment of $0.015 per MHz per pop for the maximum number of licenses (in terms of MHz-pops) on which it intends to bid pursuant to � 1.2106 of this Chapter and procedures specified by Public Notice. (2) Each winning bidder shall make a down payment equal to ten percent of its winning bid (less applicable bidding credits); a winning bidder shall bring its total amount on deposit with the Commission (including upfront payment) to five percent of its net winning bid within five business days after the
• http://wireless.fcc.gov/auctions/11/releases/bip_def.pdf
  • 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 filing fee set forth by Public Notice. Unless otherwise provided by Public Notice, the Form 175 need not be accompanied by an upfront payment (see Section 1.2106). (1) All Form 175s will be due: (i) On the date(s) specified by Public Notice; or (ii) In the case of application filing dates which occur automatically by operation of law (see, e.g., 47 CFR Section 22.902), on a date specified by Public Notice after the Commission has reviewed the applications that have been filed on those dates and determined
• http://wireless.fcc.gov/auctions/11/releases/da961235.pdf http://wireless.fcc.gov/auctions/11/releases/da961235.txt http://wireless.fcc.gov/auctions/11/releases/da961235.wp
  • FILING...........1 APPLICATION Applications classified as accepted for filing are listed alphabetically in Attachment A. These applicants will become qualified bidders upon receipt of the required upfront payment by August 12, 1996, as discussed below. They need take no further action with respect to their applications except as may be necessary to keep their applications up-to-date. See 47 C.F.R. �� 1.65, 1.2106 and 24.706. Applications classified as incomplete are listed alphabetically in Attachment B. These applicants will become qualified bidders only if they (1) resubmit their applications by 5:30 p.m. EDT on Monday, August 12, 1996, to correct the minor deficiencies indicated, and (2) make the required upfront payments by August 12, 1996, as discussed below. They must also keep their applications
• http://wireless.fcc.gov/auctions/11/releases/da990520.pdf
  • Auction No. 22 of the E block license for market B458E. EU, Inc. acknowledges that while it made a 20 percent down payment on that license it failed to pay the required 80 percent balance due on the license. See 47 C.F.R. � 1.2109(c), � 24.704, and � 1.2104(g)(2). 12 47 C.F.R. � 24.704. 13 Id. 14 47 C.F.R � 1.2106. See also Letter from Michele C. Farquhar, Chief, Wireless Telecommunications Bureau, 15 to Kenneth Hobbs, C.H. PCS, Inc., DA 97-260 (rel. February 4, 1997) and "Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules; Bureau to Re-Auction Licenses Quickly," Public Notice, DA 96-481, 11 FCC Rcd 10853 (1996). See Letter from Stephen Kaffee, counsel for EU, Inc., to Amy Zoslov,
• http://wireless.fcc.gov/auctions/11/releases/deforder.pdf http://wireless.fcc.gov/auctions/11/releases/deforder.txt http://wireless.fcc.gov/auctions/11/releases/deforder.wp
  • bid withdrawal payment as defined in paragraph (a)(1) of this section. * * * * * 7. Section 24.706 is revised to read as follows: � 24.706 Submission of upfront payments and down payments. (a) Where the Commission uses simultaneous multiple round auctions or oral sequential auctions, bidders will be required to submit an upfront payment in accordance with � 1.2106 of this chapter, paragraph (c) of this section, and �� 24.711(a)(1) and 24.716(a)(1). (b) Winning bidders in an auction must submit a down payment to the Commission in accordance with � 1.2107(b) of this chapter and �� 24.711(a)(2) and 24.716(a)(2). (c) Each eligible bidder for licenses on frequency Blocks D and E subject to auction shall pay an upfront payment
• http://wireless.fcc.gov/auctions/11/releases/fc970342.pdf http://wireless.fcc.gov/auctions/11/releases/fc970342.txt http://wireless.fcc.gov/auctions/11/releases/fc970342.wp
  • 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 such rules do not conflict
• http://wireless.fcc.gov/auctions/11/releases/fmoo4285.pdf http://wireless.fcc.gov/auctions/11/releases/fmoo4285.txt http://wireless.fcc.gov/auctions/11/releases/fmoo4285.wp
  • for licenses for xi frequency Blocks C and F. (a) Upfront Payments and Down Payments. (1) Each eligible bidder for licenses on frequency Blocks C or F subject to auction shall pay an upfront payment of $0.015 per MHz per pop for the maximum number of licenses (in terms of MHz-pops) on which it intends to bid pursuant to � 1.2106 of this Chapter and procedures specified by Public Notice. (2) Each winning bidder shall make a down payment equal to ten percent of its winning bid (less applicable bidding credits); a winning bidder shall bring its total amount on deposit with the Commission (including upfront payment) to five percent of its net winning bid within five business days after the
• http://wireless.fcc.gov/auctions/12/releases/da962162.pdf http://wireless.fcc.gov/auctions/12/releases/da962162.txt http://wireless.fcc.gov/auctions/12/releases/da962162.wp
  • compliance with the Commission's rules, and have been classified into the following categories: ACCEPTED FOR FILING.......... 24APPLICATIONS INCOMPLETE.................... 6APPLICATIONS Applications classified as accepted for filing are listed alphabetically in Attachment A. They need take no further action with respect to their applications except as may be necessary to keep their applications up to date. See 47 C.F.R. �� 1.65 and 1.2106. Applications classified as incomplete are listed alphabetically in Attachment B. These applications will become acceptable for filing only if they are resubmitted by 5:30 p.m. ET on Friday, January 3, 1997, to correct the minor deficiencies indicated. Applicants must also keep their applications up to date as required. See 47 C.F.R. �� 1.65 and 1.2106. RESUBMISSION FILING DEADLINE Corrected FCC
• 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
  • A. These applicants will become qualified bidders upon receipt of the required upfront payment as discussed below. The upfront payment deadline is 6:00 p.m. ET, April 4, 1997. They need take no further action with respect to their FCC Form 175 applications except as may be necessary to keep their applications up to date. See 47 C.F.R. �� 1.65 and 1.2106. Applications classified as incomplete are listed alphabetically in Attachment B. Each application will become acceptable for filing only if the applicant (1) resubmits its FCC Form 175 by 5:30 p.m. ET on April 4, 1997, to correct the minor deficiencies indicated, and (2) makes the required upfront payment by 6:00 p.m. ET, April 4, 1997, as discussed below. Applicants must
• http://wireless.fcc.gov/auctions/14/releases/fo9750.pdf http://wireless.fcc.gov/auctions/14/releases/fo9750.txt http://wireless.fcc.gov/auctions/14/releases/fo9750.wp
  • as the Commission. By shortening the time required for the Commission to process applications before the auction, electronic filing will increase the lead time available to applicants to finalize their business plans and arrange necessary financing before the short-form filing deadline. Federal Communications Commission FCC 97-50 Second Report and Order, 9 FCC Rcd at 2375. 369 See 47 C.F.R. � 1.2106. 370 86 173. We also proposed in the NPRM that an applicant's electronic submission of FCC Form 175 include a certification that the applicant is not in default on any Commission licenses and that it is not delinquent on any extension of credit from any federal agency. No commenters addressed this issue. We therefore adopt this certification requirement for the
• http://wireless.fcc.gov/auctions/14/releases/wcsbip.pdf
  • conducts single round sealed bid auctions or sequential oral auctions, the Commission may modify the penalties to be paid in the event of bid withdrawal, default or disqualification; provided, however, that such penalties shall not exceed the penalties specified above. (h) The Commission will generally release information Sec. 1.2105 Bidding application and certification procedures; prohibition of collusion. payment (see � 1.2106). (1) All Form 175s will be due: (i) On the date(s) specified by Public Notice; or (ii) In the case of application filing dates which occur automatically by operation of law (see, e.g., 47 CFR 22.902), on a date specified by Public Notice after the Commission has reviewed the applications that have been filed on those dates and determined that
• http://wireless.fcc.gov/auctions/15/releases/da970594.pdf http://wireless.fcc.gov/auctions/15/releases/da970594.txt http://wireless.fcc.gov/auctions/15/releases/da970594.wp
  • are conditionally classified as qualified bidders, conditioned upon receipt of the required upfront payments by 3:00 p.m. ET on Friday, March 28, 1997. All applicants indicated the intention to bid on both licenses (EBN001 and EBN002). Applicants are reminded to keep their Supplemental Information applications up to date as required under the Commission's rules. See 47 C.F.R. �� 1.65 and 1.2106. Several applicants requested confidentiality for certain information included with their Supplemental Information. Applications containing confidentiality requests are accepted conditioned upon the disposition of those requests. Ultimately, however, applicants may be required to make that information appearing in the Supplemental Information publicly available. OTHER IMPORTANT INFORMATION: Upfront Payment: As discussed above, applicants are reminded that in order to participate in the
• http://wireless.fcc.gov/auctions/16/releases/da020493.pdf http://wireless.fcc.gov/auctions/16/releases/da020493.txt
  • Order"). 7 800 MHz Specialized Mobile Radio (SMR) Service General Category (851-854 MHz) and Upper Band (861-865 MHz) Auction Closes, Public Notice, DA 00-2037 (rel. Sept. 6, 2000) ("Auction No. 34 Closing PN"). 8 Id., Attachment A "Round Results, High Bids," p. 50 of 50. 9 Id. 10 47 C.F.R. � 1.2104(g)(1) (1996). 11 Id. 12 47 C.F.R . � 1.2106(e) (1996). 13 47 C.F.R. � 1.2104(g)(1) (1996). 14 Id. Communications Pacific, Inc. 03/04/02 3 Under the Commission's rules, a bidder who fails to remit the required down or final payment for a license for which it was the high bidder is subject to a default payment.15 Each default payment is comprised of two parts. The first component is the difference
• http://wireless.fcc.gov/auctions/16/releases/da972153.pdf http://wireless.fcc.gov/auctions/16/releases/da972153.txt http://wireless.fcc.gov/auctions/16/releases/da972153.wp
  • Applications classified as accepted for filing are listed alphabetically in Attachment A. These applicants will become qualified bidders upon receipt of the required upfront payment by October 14, 1997, as discussed below. With respect to their applications, they need take no further action except as may be necessary to keep their applications up-to- date. See 47 C.F.R. �� 1.65 and 1.2106. Applicants are also advised that Attachment A includes FCC account numbers which are automatically created by the FCC software system for each applicant. Incomplete: Applications classified as incomplete are listed alphabetically in Attachment B. These applicants will become qualified bidders only if they: (1) resubmit their applications by 5:30 p.m. ET on Tuesday, October 14, 1997, to correct the minor
• 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
  • in a 800 MHz SMR auction for Spectrum Blocks A through V will be required to submit an upfront payment prior to the start of the auction. The amount of the upfront payment for each license auctioned and the procedures for submitting it will be set forth by the Wireless Telecommunications Bureau in a Public Notice in accordance with � 1.2106 of this chapter. (b) Down Payments. Winning bidders in a 800 MHz SMR auction for Spectrum Blocks A through V must submit a down payment to the Commission in an amount sufficient to bring their total deposits up to 20 percent of their winning bids within ten (10) business days after the auction closes. Winning bidders will be required to
• http://wireless.fcc.gov/auctions/17/releases/d980141.pdf
  • for filing are listed alphabetically in Attachment A. These applicants will become qualified bidders upon receipt of the required upfront payment by 6:00 p.m. ET on Monday, February 2, 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. See 47 C.F.R. �� 1.65 and 1.2106. Applicants are also advised that Attachment A includes FCC account numbers which 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. These applicants will become qualified bidders only if they: (1) resubmit their applications by 5:30 p.m. ET on
• 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
  • (FCC Forms 175 and 175-S). Each applicant to participate in competitive bidding for LMDS licenses must submit an application (FCC Forms 175 and 175-S) pursuant to the provisions of Sec. 1.2105 of this chapter. Sec. 101.1105 Submission of payments. (a) Each applicant to participate in an LMDS auction will be required to submit an upfront payment in accordance with Sec. 1.2106 of this chapter as announced by the Wireless Telecommunications Bureau by Public Notice. (b) Winning bidders in LMDS auctions must submit a down payment to the Commission in an amount sufficient to bring their total deposits up to 20 percent of their winning bids within ten business days following the release of a Public Notice announcing the close of the
• http://wireless.fcc.gov/auctions/17/releases/da990690.pdf
  • grant of the remaining four licenses (in Markets B038, B144, B254, and B371) for which New Wave claims it has made timely and complete payment. 11 Under the Commission's Rules, a winning bidder that defaults after having made the See 47 C.F.R. � 1.2109(c), � 24.704, and � 1.2104(g)(2). 12 47 C.F.R. � 24.704. 13 Id. 14 47 C.F.R � 1.2106. See also Letter from Michele C. Farquhar, Chief, Wireless Telecommunications Bureau, 15 to Kenneth Hobbs, C.H. PCS, Inc., DA 97-260 (rel. February 4, 1997) and "Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules; Bureau to Re-Auction Licenses Quickly," Public Notice, DA 96-481, 11 FCC Rcd 10853 (1996). 47 C.F.R. � 1.2104(g)(2). 16 See, e.g., Tel-Com Wireless Cable TV Corporation,
• 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
  • competitive bidding for LMDS licenses must submit an appli- cation (FCC Forms 175 and 175-S) pursuant to the provisions of � 1.2105 of this chapter. � 101.1105Submission of payments. Federal Communications Commission FCC 97-82 APPENDIX A :: PAGE 31 (a) Each applicant to participate in an LMDS auction will be required to submit an upfront payment in accordance with � 1.2106 of this chapter as announced by the Wireless Telecom- munications Bureau by Public Notice. (b) Winning bidders in LMDS auctions, except those businesses meeting the definition of small business or qualifying as a business with average gross revenues for the preceding three years of not more than $75 million under � 101.1112, must submit a down payment to the Com-
• 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
  • of the Code of Federal Regulations is amended as follows: 1. The authority citation continues to read as follows: AUTHORITY: 47 U.S.C. Sections 154, 303. 2. Section 101.1105 is revised to read as follows: � 101.1105 Submission of payments. (a) Each applicant to participate in an LMDS auction will be required to submit an upfront payment in accordance with Sec. 1.2106 of this chapter as announced by the Wireless Telecommunications Bureau by Public Notice. (b) Winning bidders in LMDS auctions must submit a down payment to the Commission in an amount sufficient to bring their total deposits up to 20 percent of their winning bids within ten business days following the release of a Public Notice announcing the close of the
• http://wireless.fcc.gov/auctions/17/releases/lmdsbp_e.pdf
  • competitive bidding for LMDS licenses must submit an appli- cation (FCC Forms 175 and 175-S) pursuant to the provisions of � 1.2105 of this chapter. � 101.1105Submission of payments. Federal Communications Commission FCC 97-82 APPENDIX A :: PAGE 31 (a) Each applicant to participate in an LMDS auction will be required to submit an upfront payment in accordance with � 1.2106 of this chapter as announced by the Wireless Telecom- munications Bureau by Public Notice. (b) Winning bidders in LMDS auctions, except those businesses meeting the definition of small business or qualifying as a business with average gross revenues for the preceding three years of not more than $75 million under � 101.1112, must submit a down payment to the Com-
• http://wireless.fcc.gov/auctions/18/releases/220_e.pdf
  • payments and down payments. (a) The Commission will require applicants to submit an upfront payment prior to the start of a 220 MHz Service auction. The amount of the upfront payment for each geographic area license auctioned and the procedures for submitting it will be set forth by the Wireless Telecommunications Bureau in a Public Notice in accordance with � 1.2106 of this chapter. (b) Each winning bidder in a 220 MHz Service auction must submit a down payment to the Commission in an amount sufficient to bring its total deposits up to 20 percent of its winning bid within ten (10) business days following the release of a Public Notice announcing the close of bidding. Sec. 90.1013 Long-form application (FCC
• http://wireless.fcc.gov/auctions/18/releases/da020805.pdf http://wireless.fcc.gov/auctions/18/releases/da020805.txt
  • FCC Rcd 11218 (1999) ("Auction No. 24 Winning Bidders Public Notice"). 3 47 C.F.R. � 1.2104(g)(1) (1998). 4 47 C.F.R. � 1.2104(g)(1); Auction No. 18 Winning Bidders' Public Notice, 14 FCC Rcd at 608 and Attachment C (identifies bidders that withdrew bids in Auction No. 18 and states the interim three percent bid withdrawal payment). 5 See 47 C.F.R. � 1.2106(e) (1998); Auction No. 18 Winning Bidders' Public Notice, 14 FCC Rcd at 608. Messrs. Dennis C. Brown and Michael L. Higgs April 15, 2002 2 winning bid in an amount equal to or greater than the withdrawn bid amount, then no final bid withdrawal payment will be assessed, and upon appropriate request, the Commission will refund the interim three percent
• http://wireless.fcc.gov/auctions/18/releases/da021648.pdf http://wireless.fcc.gov/auctions/18/releases/da021648.txt
  • Rcd 11218 (1999) ("Auction No. 24 Winning Bidders Public Notice"). 4 47 C.F.R. � 1.2104(g)(1) (1998). 5 47 C.F.R. � 1.2104(g)(1) (1998); Auction No. 18 Winning Bidders' Public Notice, 14 FCC Rcd at 608 and Attachment C (identifies bidders that withdrew bid in Auction No. 18 and lists the interim three percent bid withdrawal payment). 6 See 47 C.F.R. � 1.2106(e) (1998); Auction No. 18 Winning Bidders' Public Notice, 14 FCC Rcd at 608. 7 47 C.F.R. � 1.2104(g)(1) (1998). Philip Adler July 12, 2002 2 the winning bid for that license is less than the bidder's withdrawn bid amount, then the bidder will be required to make a final bid withdrawal payment equal to either the difference between the bidder's
• http://wireless.fcc.gov/auctions/18/releases/da021649.pdf http://wireless.fcc.gov/auctions/18/releases/da021649.txt
  • to or greater than Intek's withdrawn bid amount.12 The cumulative sum of the final bid withdrawal payments is $129,900.00 as shown below and in Attachment A to this letter.13 5 Id. 6 Id.; Auction No. 18 Winning Bidders Public Notice, 14 FCC Rcd at 608 and Attachment C (lists bidders' three percent interim bid withdrawal payments). 7 47 C.F.R. � 1.2106(e) (1998); see Auction No. 18 Winning Bidders Public Notice, 14 FCC Rcd at 608. 8 47 C.F.R. � 1.2104(g)(1). 9 Id. 10 See Auction No. 24 Winning Bidders Public Notice, DA 99-1287 at Attachment E which provides a multi- auction withdrawal payment report detailing Intek's final bid withdrawal payments and the amounts due. 11 47 C.F.R. � 1.2104(g)(1). 12 With
• http://wireless.fcc.gov/auctions/18/releases/da021761.pdf http://wireless.fcc.gov/auctions/18/releases/da021761.txt
  • percent a year for the failure to pay any part of the debt more than 90 days past due. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and Section 1.2104 of the Commission's Rules, 47 C.F.R. � 5 See 47 C.F.R. � 1.2106(e) (1998); Auction No. 18 Winning Bidders Public Notice, 14 FCC Rcd at 608. 6 47 C.F.R. � 1.2104(g)(1) (1998). 7 Id. 8 See Auction No. 18 Winning Bidders Public Notice, 14 FCC Rcd at Attachment C, 659. In Attachment C, the Commission set forth the amount of Intellicom's interim withdrawal payment, $49.00, and explained that the interim bid withdrawal payment
• 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
  • for filing are listed alphabetically in Attachment A. These applicants will become qualified bidders upon receipt of the required upfront payment by 6:00 p.m. ET on Monday, August 31, 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. See 47 C.F.R. �� 1.65 and 1.2106. Applicants are also advised that Attachment A includes FCC account numbers which 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. These applicants will become qualified bidders only if they: (1) resubmit their applications by 5:30 p.m. ET on
• 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
  • payments and down payments. (a) The Commission will require applicants to submit an upfront payment prior to the start of a 220 MHz service auction. The amount of the upfront payment for each geographic area license auctioned and the procedures for submitting it will be set forth by the Wireless Telecommunications Bureau in a Public Notice in accordance with � 1.2106 of this chapter. (b) Each winning bidder in a 220 MHz service auction, except those that qualify as small businesses or very small businesses pursuant to � 90.1021(b)(1) or � 90.1021(b)(2), must submit a down payment to the Commission in an amount sufficient to bring its total deposits up to 20 percent of its winning bid within ten (10) business
• http://wireless.fcc.gov/auctions/18/releases/fc980093.pdf http://wireless.fcc.gov/auctions/18/releases/fc980093.txt http://wireless.fcc.gov/auctions/18/releases/fc980093.wp
  • Payments and Down Payments. (a) The Commission will require applicants to submit an upfront payment prior to the start of a 220 MHz Service auction. The amount of the upfront payment for each geographic area license auctioned and the procedures for submitting it will be set forth by the Wireless Telecommunications Bureau in a Public Notice in accordance with � 1.2106 of this chapter. (b) Each winning bidder in a 220 MHz Service auction must submit a down payment to the Commission in an amount sufficient to bring its total deposits up to 20 percent of its winning bid within ten (10) business days following the release of a Public Notice announcing the close of bidding. 11. Section 90.1013 is revised
• http://wireless.fcc.gov/auctions/19/releases/fc950319.pdf http://wireless.fcc.gov/auctions/19/releases/fc950319.txt http://wireless.fcc.gov/auctions/19/releases/fc950319.wp
  • the application or any upfront payment that will need to be submitted, and the location where the application must be filed. � 26.206 Submission of upfront payments and down payments. (a) Where the Commission uses simultaneous multiple round auctions or oral sequential auctions bidders will be required to submit an upfront payment pursuant to the procedures set forth in � 1.2106 of this chapter. (b) Winning bidders in an auction must submit a down payment to the Commission in accordance with the procedures set forth in � 1.2107 (a) and (b) of this chapter. (c) Notwithstanding paragraphs (a) and (b) of this section, eligible small businesses may submit a down payment of 5 percent of the winning bid five days after
• http://wireless.fcc.gov/auctions/19/releases/fc980212.pdf http://wireless.fcc.gov/auctions/19/releases/fc980212.txt http://wireless.fcc.gov/auctions/19/releases/fc980212.wp
  • 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 proposed
• 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
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit See 47 C.F.R. �� 1.65 and 1.2106. 1 PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION News Media Information: 202-418-0500 1919 M STREET, N.W. Fax-On-Demand: 202-418-2830 WASHINGTON, D.C. 20554 Internet: http://www.fcc.gov ftp: ftp.fcc.gov DA 98-2248 November 6, 1998 AUCTION OF 156-162 MHz VHF PUBLIC COAST STATION LICENSES Status of Applications to Participate in the Auction Bureau Reminds Bidders of Responsibilities Under NEPA Provisions Report No. AUC-20-C (Auction No. 20) The
• http://wireless.fcc.gov/auctions/21/releases/da001716.doc http://wireless.fcc.gov/auctions/21/releases/da001716.pdf http://wireless.fcc.gov/auctions/21/releases/da001716.txt
  • established at the close of the auction. A winning bidder that defaults on its full payment obligation will, therefore, be required to make the Commission whole for the amount of the winning bid, subject to any mitigation of damages produced by the subsequent auction of the license (or licenses) for the same spectrum. 12. Accordingly, pursuant to sections 1.2104(g)(2) and 1.2106(c) the Commission's rules, Metro-Trak is subject to default payment obligations. Specifically, Metro-Trak is required to pay the difference between the amount bid and the amount of the winning bid the next time the license is offered by the Commission (so long as the subsequent winning bid is less than the defaulted bid), plus an additional payment equal to three percent
• 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
  • classified as accepted for filing are listed in Attachment A. These applicants will become qualified bidders upon receipt of the required upfront payment by 6:00 p.m. ET on Monday, February 8, 1999, as discussed below. With respect to their applications, these applicants need take no further action except as may be necessary to keep See 47 C.F.R. �� 1.65 and 1.2106. 1 See 47 C.F.R. �� 1.65 and 1.2106. 2 See "Auction of Location and Monitoring Service Licenses; Auction Notice and Filing Requirements for 528 3 Multilateration Licenses; Minimum Opening Bids and Other Procedural Issues," Public Notice, DA 98-1879 (rel. September 23, 1998), 63 FR 54693 (October 13, 1998) for detailed remittance and upfront payment instructions ("Auction Public Notice"). Detailed information
• http://wireless.fcc.gov/auctions/22/releases/da012884.pdf http://wireless.fcc.gov/auctions/22/releases/da012884.txt
  • 2339 (2001) ("Auction No. 35 Winning Bidders Public Notice"). 3 47 C.F.R. � 1.2104(g)(1) (1998). 4 47 C.F.R. � 1.2104(g)(1); Auction No. 22 Winning Bidders' Public Notice, 14 FCC Rcd. 6688 (1999), at Attachment C. This attachment identifies bidders that withdrew bids in Auction No. 22 and states the interim three percent bid withdrawal payment. 5 See 47 C.F.R. � 1.2106(e) (1998); Auction No. 22 Winning Bidders' Public Notice, 14 FCC Rcd. 6688 (1999), at Attachment C. 6 47 C.F.R. � 1.2104(g)(1) (1998). 7 Id. Vincent D. McBride December 13, 2001 2 With respect to your bid withdrawal in Auction No. 22, the Commission has previously deducted an interim withdrawal payment of $700.00 from the funds on deposit with the Commission.8
• http://wireless.fcc.gov/auctions/22/releases/da982318.pdf http://wireless.fcc.gov/auctions/22/releases/da982318.txt http://wireless.fcc.gov/auctions/22/releases/da982318.wp
  • the Commission affirmed its reasoning in the Competitive Bidding Second Report and Order and maintained the existing competitive bidding rules, which allow the amount of the upfront payment and the terms under which it is assessed to be determined on an auction-by-auction basis. Part 1 Third Report and Order, 13 FCC Rcd at 425 para. 86; see 47 C.F.R. � 1.2106. C Block Further Notice, 12 FCC Rcd at 16,478-79 para. 94. 10 Id. The amount of the upfront payment is intended to approximate five percent of the expected amount of the 11 winning bid for a given license. See Amendment of Parts 21 and 74 of the Commission's Rules With Regard to Filing Procedures in the Multipoint Distribution Service and
• 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
  • interest on such 17 payments and, accordingly, will not do so. We note, by way of example, that unsuccessful bidders in Commission auctions do not earn interest on their upfront payments or down payments. Rather, the accrued interest on these funds is transferred to the Telecommunications Development Fund. See Communications Act � 309(j)(8)(C), 47 U.S.C. � 309(j)(8)(C); 47 C.F.R. �� 1.2106(a) and 1.2107(b). Mountain Solutions Comments at 1-3; see Mountain Solutions Ltd., Inc. Emergency Petition for Waiver of 18 Section 24.711(a)(2) of the Commission's Rules Regarding Various BTA Markets in the Broadband Personal Communications Services (PCS) C Block Auction, Memorandum Opinion and Order, FCC 98-220 (rel. October 1, 1998), appeal docketed, No. 98-1503 (D.C. Cir. October 30, 1998). 47 C.F.R. �
• 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
  • Wireless Telecommunications Bureau (the "Bureau") resolves a pending assignment application filed by a subsidiary of Leap and AirGate Wireless, L.L.C. The Bureau expects to resolve this matter prior to the commencement of Auction No. 22 on March 23, 1999 and reserves the right to reject Leap's short- form application based on its decision therein. See 47 C.F.R. �� 1.65 and 1.2106. 3 See 47 C.F.R. �� 1.65 and 1.2106. 4 See "Auction of C, D, E, and F Block Broadband PCS Licenses; Notice and Filing Requirements for Auction of 5 C, D, E, and F Block Broadband Personal Communications Services Licenses Scheduled for March 23, 1999; Minimum Opening Bids and Other Procedural Issues," Public Notice, DA 98-2604 (rel. December 23, 1998);
• http://wireless.fcc.gov/auctions/22/releases/da990528.pdf
  • granted only after full payment is made.11 For additional information regarding this Public Notice, please contact Jeff Garretson, Auctions Operations Branch, Auctions and Industry Analysis Division, at (202) 418-0660, or Audrey Bashkin, Legal Branch, Auctions and Industry Analysis Division, at (202) 418-0660. Questions about software or hardware should be directed to Technical Support at (202) 414-1250. 10 See 47 C.F.R. �1.2106. 11 A high bidder is required to pay the balance of its high bids in a lump sum within ten (10) business days following an award of the license. There is an opportunity for a high bidder to pay its balance ten (10) days after the payment deadline, provided it also pays a late fee equal to five percent (5%)
• 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
  • that have defaulted or been delinquent in the past, but have since paid all of their Federal Communications Commission FCC 98-176 CIRI Comments at 7-9; see 47 C.F.R. � 24.720(l)(11). 71 Part 1 Third Report and Order, 13 FCC Rcd at 392-393 para. 28; 47 C.F.R. � 1.2110(b)(4)(xi). 72 47 C.F.R. � 1.2104. 73 Id. � 1.2105 74 Id. �� 1.2106, 1.2107. 75 Id. � 1.2108. 76 Id. � 1.2109; see C Block Further Notice, 12 FCC Rcd at 16,476 para. 90. 77 See Part 1 Third Report and Order, 13 FCC Rcd at 376 para. 1. 78 12 outstanding non-Internal Revenue Service Federal debts and all associated charges or penalties, to be eligible to participate in C block reauctions, provided
• http://wireless.fcc.gov/auctions/22/releases/pcsbipg.pdf
  • that have defaulted or been delinquent in the past, but have since paid all of their Federal Communications Commission FCC 98-176 CIRI Comments at 7-9; see 47 C.F.R. � 24.720(l)(11). 71 Part 1 Third Report and Order, 13 FCC Rcd at 392-393 para. 28; 47 C.F.R. � 1.2110(b)(4)(xi). 72 47 C.F.R. � 1.2104. 73 Id. � 1.2105 74 Id. �� 1.2106, 1.2107. 75 Id. � 1.2108. 76 Id. � 1.2109; see C Block Further Notice, 12 FCC Rcd at 16,476 para. 90. 77 See Part 1 Third Report and Order, 13 FCC Rcd at 376 para. 1. 78 12 outstanding non-Internal Revenue Service Federal debts and all associated charges or penalties, to be eligible to participate in C block reauctions, provided
• http://wireless.fcc.gov/auctions/23/releases/da000556.doc http://wireless.fcc.gov/auctions/23/releases/da000556.pdf http://wireless.fcc.gov/auctions/23/releases/da000556.txt
  • Nevertheless, we note that if any of the subject licenses are won at auction for amounts greater than LMDSC's bid for these licenses, the default payment due will only be three percent of LMDSC's defaulted bid. Consequently, we will require a deposit of three percent of LMDSC's defaulted net high bid for the subject licenses, or $11,962.50. Pursuant to Sections 1.2106(e) and 1.22104(g) of the Commission's Rules, the $11,962.50 initial default payment will be deducted from the $633,952.00 on deposit with the Commission, leaving a balance of $621,989.50. This amount is sufficient to satisfy LMDSC's payment obligation of $591,800.00 on the eight licenses it wishes to retain. This also leaves LMDSC with $6,517.50 on deposit in excess of the amount owed
• 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
  • v.32bis 14.4 kbps Hayes(c) compatible modem or faster Monitor: VGA or above Mouse or other pointing device "! cape download site at http://home.netscape.com/download/ For questions regarding the above, please contact Technical Support at (202) 414-1250. The 168 licenses to be auctioned include: 122 Block A (1,150 MHz) and 46 Block B (150 MHz) licenses. See 47 C.F.R. �� 1.65 and 1.2106. id. See "Auction of Local Multipoint Distribution Service Spectrum; Auction Notice and Filing Requirements for 168 Local Multipoint Distribution Service Licenses Scheduled for April 27, 1999; Minimum Opening Bids and Other Procedural Issues," Public Notice, DA 99-266 (rel. January 29, 1999) (``LMDS Auction Public Notice'') for detailed remittance and upfront payment instructions. For general information about how the minimum opening
• http://wireless.fcc.gov/auctions/23/releases/da990690.pdf
  • grant of the remaining four licenses (in Markets B038, B144, B254, and B371) for which New Wave claims it has made timely and complete payment. 11 Under the Commission's Rules, a winning bidder that defaults after having made the See 47 C.F.R. � 1.2109(c), � 24.704, and � 1.2104(g)(2). 12 47 C.F.R. � 24.704. 13 Id. 14 47 C.F.R � 1.2106. See also Letter from Michele C. Farquhar, Chief, Wireless Telecommunications Bureau, 15 to Kenneth Hobbs, C.H. PCS, Inc., DA 97-260 (rel. February 4, 1997) and "Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules; Bureau to Re-Auction Licenses Quickly," Public Notice, DA 96-481, 11 FCC Rcd 10853 (1996). 47 C.F.R. � 1.2104(g)(2). 16 See, e.g., Tel-Com Wireless Cable TV Corporation,
• 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 Landmark Site
• http://wireless.fcc.gov/auctions/23/releases/da991726.pdf http://wireless.fcc.gov/auctions/23/releases/da991726.txt http://wireless.fcc.gov/auctions/23/releases/da991726.wp
  • projected budget" because the 30 Commission has identified this sort of bidding as inappropriate in the past. Accordingly, we find 31 that application of the default payment rule in this case would serve its underlying purpose and that Grand Connectivity has not shown unique or unusual circumstances or lack of a reasonable Federal Communications Commission DA 99-1726 47 C.F.R. � 1.2106(d). 32 See Default Withholding, attached hereto as Attachment A. 33 Id. 34 See Transfer Instructions, attached hereto as Attachment B. 35 47 C.F.R. � 1.2104(g)(2). 36 6 alternative. Grand Connectivity's waiver request is, therefore, denied. 9. Grand Connectivity seeks a refund of the amount of its upfront payment that exceeds its default payment obligations. Section 1.2106(d) of the Commission's rules
• http://wireless.fcc.gov/auctions/24/releases/da020953.pdf http://wireless.fcc.gov/auctions/24/releases/da020953.txt
  • is 6 percent a year for the failure to pay any part of the debt more than 90 days past due. 5 47 C.F.R. � 1.2104(g)(1); 220 MHz Closing PN, 14 FCC Rcd at 11,238-39. This attachment identifies bidders that withdrew bids in Auction No. 24 and states the interim three percent bid withdrawal payment. 6 See 47 C.F.R. � 1.2106(e); 220 MHz Closing PN, 14 FCC Rcd at 11,238. 7 47 C.F.R. � 1.2104(g)(1); see also, 220 MHz Auction Group Letter. 8 Id. 9 See 220 MHz Closing PN, 14 FCC Rcd at 11,238 (setting forth Auction Group's interim bid withdrawal payments of $12.00 (three-percent of Auction Group's $390 withdrawn net high bid on license BEA058-B), and $2,925 (three-percent of
• 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
  • status); and Tim Salmon, Auctions Operation at (202) 418-0660 (regarding bidding and auction design). For information regarding FCC rules concerning compliance with the National Environmental Policy Act (NEPA), please contact Frank Stilwell or Rose Crellin, at (202) 418-0569. For technical questions regarding filing software, call FCC technical support at (202) 414-1250. - FCC - See 47 C.F.R. �� 1.65 and 1.2106. Id. See "Phase II 220 MHz Service Spectrum Auction; Notice and Filing Requirements for Auction of Phase II 220 MHz Service Spectrum Scheduled for June 8, 1999; Minimum Opening Bids and Other Procedural Issues," Public Notice, DA 99-474 (rel. March 8, 1999) (``Auction No. 24 Public Notice''). This and other documents are available on the FCC Web Site at: http://www.fcc.gov/wtb/auctions.
• http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.pdf http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.wp
  • has communicated with and will communicate neither with Company A or anyone else concerning Company A's bids or bidding strategy, nor with Company C or anyone else concerning Company C's bids or bidding strategy, or (2) that it has not communicated with and will not communicate with Company D or anyone else concerning Company D's bids or bidding strategy. � 1.2106 Submission of upfront payments. (a) The Commission may require applicants for licenses subject to competitive bidding to submit an upfront payment. In that event, the amount of the upfront payment and the procedures for submitting it will be set forth in a Public Notice. No interest will be paid on upfront payments. (b) Upfront payments must be made by wire
• http://wireless.fcc.gov/auctions/25/releases/da991903.doc http://wireless.fcc.gov/auctions/25/releases/da991903.pdf http://wireless.fcc.gov/auctions/25/releases/da991903.txt
  • for obtaining a waiver. Section 73.5003 of the Commission's rules requires that in order to be eligible to bid, each bidder in every broadcast service auction shall submit an upfront payment by wire transfer prior to the commencement of bidding, accompanied by an FCC Form 159, as set forth in any public notices and in accordance with 47 C.F.R � 1.2106. The Commission established the September 13, 1999 upfront payment deadline in the Broadcast Auction Public Notice, released July 9, 1999. Commission procedures require an applicant to fax a completed FCC Form 159 to Mellon Bank at least one hour before placing the order for a wire transfer. In your requests for waiver, you state that you attempted to fax the
• 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
  • Upfront Payments, Minimum Opening Bids and Reserve Prices 129. The general Part 1 auction rules provide for the submission of upfront payments by prospective bidders prior to the commencement of an auction, the amount of which generally determines a bidder's eligibility to bid on any license or combination of licenses in each round of the auction. See 47 C.F.R. � 1.2106. In the Notice, 12 FCC Rcd at 22385 (� 56), we proposed that the Bureaus should establish the upfront payments applicable in broadcast service auctions, which would be announced by public notice prior to any auction. We sought comment on the appropriate amount, or method of determining an appropriate amount, of this upfront payment for bidders in broadcast auctions. While
• 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
  • designated attorney identified in the correspondence sent to the applicant by overnight mail. For additional information, contact: Rosemary Cabral, Legal Branch at (202) 418-0660 (regarding legal questions); Lisa Hartigan, Auction Operations at (202) 418-0695 (regarding bidding and general filing status); and Bob Reagle, Analyst, Auction Operations at (717) 338-2807 (regarding bidding). - FCC - See 47 C.F.R. �� 1.65 and 1.2106. Id. See "Auction of 929 and 931 MHz Paging Service Spectrum; Auction Notice and Filing Requirements for 2,499 Paging Upper Band Licenses Scheduled for February 24, 2000; Minimum Opening Bids and Other Procedural Issues," Public Notice, DA 99-1591 (rel. August 12, 1999)(``Auction No. 26 Public Notice'') for detailed remittance and upfront payment information. This and other documents, including the Bidder
• 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
  • of upfront payments and down payments. (a) The FCC will require applicants to submit an upfront payment prior to the start of a paging auction. The amount of the upfront payment for each geographic area license auctioned and the procedures for submitting it will be set forth by the Wireless Telecommunications Bureau in a Public Notice in accordance with � 1.2106 of this chapter. Federal Communications Commission FCC 97-59 6 (b) Each winning bidder in a paging auction must submit a down payment to the FCC in an amount sufficient to bring its total deposits up to 20 percent of its winning bid. All winning bidders except small businesses will be required to make such payment within ten business days following
• 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
  • the geographic service areas, issues of interference with other spectrum bands, and any other relevant factors that could reasonably have an impact on valuation of the spectrum being auctioned.") Id. at 455, � 140. 334 Second Report and Order and Further Notice, 12 FCC Rcd at 2798, � 143. 335 See 47 C.F.R. � 1.2104(g). 336 See 47 C.F.R. � 1.2106(e). 337 Second Report and Order and Further Notice, 12 FCC Rcd at 2799, � 146. 338 Blooston Petition at 20-21. 339 53 contrary to the public interest objectives contained in section 309(j) of the Communications Act. We note, 332 however, that issues such as incumbency levels, limited available spectrum, and interference protection requirements, among others, will likely lead to modest
• http://wireless.fcc.gov/auctions/26/releases/pagebp_g.pdf
  • of upfront payments and down payments. (a) The FCC will require applicants to submit an upfront payment prior to the start of a paging auction. The amount of the upfront payment for each geographic area license auctioned and the procedures for submitting it will be set forth by the Wireless Telecommunications Bureau in a Public Notice in accordance with � 1.2106 of this chapter. (b) Each winning bidder in a paging auction must submit a down payment to the FCC in an amount sufficient to bring its total deposits up to 20 percent of its winning bid. All winning bidders except small businesses will be required to make such payment within ten business days following the release of a Public Notice
• 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
  • Upfront Payments, Minimum Opening Bids and Reserve Prices 129. The general Part 1 auction rules provide for the submission of upfront payments by prospective bidders prior to the commencement of an auction, the amount of which generally determines a bidder's eligibility to bid on any license or combination of licenses in each round of the auction. See 47 C.F.R. � 1.2106. In the Notice, 12 FCC Rcd at 22385 (� 56), we proposed that the Bureaus should establish the upfront payments applicable in broadcast service auctions, which would be announced by public notice prior to any auction. We sought comment on the appropriate amount, or method of determining an appropriate amount, of this upfront payment for bidders in broadcast auctions. While
• 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
  • should contact the designated attorney identified in the correspondence sent to the applicant by overnight mail. For additional information, contact: Kenneth Burnley, Legal Branch at (202) 418-0660 (regarding legal questions); Lisa Stover, Auction Operations (regarding bidding and general filing status) or Bob Reagle, Analyst, Auction Operations (regarding bidding) at (717) 338-2888. - FCC - See 47 C.F.R. �� 1.65 and 1.2106. Id. See "Auction of Licenses for Fixed Point-to-Point Microwave Services 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 Auction 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'') for detailed
• 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
  • 47 C.F.R. �� 1.2105 and 1.2112. Section 1.2105 requires the disclosure on the short-form of applicant ownership information as set forth in Section 1.2112. Both sections were revised in the Part 1 Fifth Report and Order, supra. 47 C.F.R. � 1.2105(a)(2)(x). 47 C.F.R. � 1.2105(a)(2)(xi). See also Part 1 Fifth Report and Order, supra at � 42. 47 C.F.R. � 1.2106(a). Amendment of Part 1 of the Commission's Rules - Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making, 12 FCC Rcd. 5686, 5697-5698, � 16 (1997); See also 700 MHz First Report & Order, at � 149. See Auction No. 31 Procedures Public Notice, at Attachment A. Bidders are also reminded
• http://wireless.fcc.gov/auctions/31/releases/da020659.pdf http://wireless.fcc.gov/auctions/31/releases/da020659.txt
  • minor changes to their FCC Form 175 applications. Applicants will not be permitted to make major modifications to their applications (e.g., change their license selections or proposed service areas, change the certifying official 82 47 C.F.R. � 1.2105(a)(2)(x). 83 47 C.F.R. � 1.2105(a)(2)(xi); Part 1 Fifth Report and Order, 15 FCC Rcd at 15316-17, �� 40-42. 84 47 C.F.R. � 1.2106(a). - 21 - or change control of the applicant or change bidding credits). See 47 C.F.R. � 1.2105. Permissible minor changes include, for example, deletion and addition of authorized bidders (to a maximum of three) and revision of exhibits. Applicants should make these modifications to their FCC Form 175 electronically and submit a letter, briefly summarizing the changes, by electronic
• 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
  • the applicant should contact the staff attorney identified in the correspondence sent to the applicant by overnight mail. For additional information, contact: Howard Davenport, Auctions Legal Branch at (202) 418-0660 (regarding legal questions); Lisa Stover, Auctions Operations (regarding bidding and general filing status) or Bob Reagle, Analyst, Auctions Operations (regarding bidding) at (717) 338-2888. FCC - See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. Id. ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). See Auction of Licenses for the 700 MHz Guard Bands, Scheduled for June 14, 2000, Auction Notice and Filing Requirements for 104 Licenses in the 700 MHz Guard Band, Minimum Opening Bids and
• http://wireless.fcc.gov/auctions/33/releases/da011338.doc http://wireless.fcc.gov/auctions/33/releases/da011338.pdf http://wireless.fcc.gov/auctions/33/releases/da011338.txt
  • Down Payments Due March 8, 2001, Ten-Day Petition to Deny Period, Public Notice, DA 01-478 (rel. February 22, 2001) (``Auction No. 38 Winning Bidders' Public Notice). 47 C.F.R. �1.2104(g)(1). Id; Auction No. 33 Winning Bidders' Public Notice at Attachment C. This attachment identifies bidders that withdrew bids in Auction 33 and indicates the interim three percent bid withdrawal payment. See 1.2106(e); Auction No. 33 Winning Bidders' Public Notice at Attachment C. 47 C.F.R. �1.2104(g)(1). Id. Attachment A (calculates the final withdrawal payment for each withdrawal bid); Auction No. 38 Winning Bidders' Public Notice at Attachment C (Attachment C sets forth the final bid withdrawal payments owed by bidders in Auction No. 33, based upon a reconciliation of final results in Auction
• http://wireless.fcc.gov/auctions/33/releases/da011719.doc http://wireless.fcc.gov/auctions/33/releases/da011719.pdf http://wireless.fcc.gov/auctions/33/releases/da011719.txt
  • 8, 2001, Ten-Day Petition to Deny Period, Public Notice, DA 01-478 (rel. February 22, 2001) (``Auction No. 38 Winning Bidders' Public Notice''). 47 C.F.R. � 1.2104(g)(1). Id; Auction No. 33 Winning Bidders' Public Notice at Attachment C. This attachment identifies bidders that withdrew bids in Auction 33 and indicates the interim three percent bid withdrawal payment. See 47 C.F.R. � 1.2106(e); Auction No. 33 Winning Bidders' Public Notice at Attachment C. 47 C.F.R. � 1.2104(g)(1). Id. See Auction No. 33 Winning Bidders' Public Notice, at Attachments B and C. In Attachment B, the Commission set forth the amount of Access' interim bid withdrawal payment, $60,795.00. In Attachment C, the Commission explained that the $60,795.00 interim bid withdrawal payment was based on
• http://wireless.fcc.gov/auctions/33/releases/da011849.doc http://wireless.fcc.gov/auctions/33/releases/da011849.pdf http://wireless.fcc.gov/auctions/33/releases/da011849.txt
  • already been deducted from the upfront payments submitted by Pegasus in Auction No. 33. Auction No. 33 Winning Bidders' Public Notice at Attachments B and C. Id; Auction No. 33 Winning Bidders' Public Notice at Attachment C. This attachment identifies bidders that withdrew bids in Auction 33 and indicates the interim three percent bid withdrawal payment. See 47 C.F.R. � 1.2106(e); Auction No. 33 Winning Bidders' Public Notice at Attachment C. 47 C.F.R. � 1.2104(g)(1). Id. Auction No. 33 Winning Bidders' Public Notice, at Attachments B and C. In Attachment C, the Commission explained that the interim bid withdrawal payments were based upon three percent (3%) of the net withdrawn bids on each of the licenses: (i) MEA014-B ($1,096,00 X 3%
• 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
  • applicant should contact the staff attorney identified in the correspondence sent to the applicant by overnight mail. For additional information, contact: M. Nicole Oden, Auctions Legal Branch at (202) 418-0660 (regarding legal questions); Linda Sanderson, Auctions Operations (regarding bidding and general filing status) or Bob Reagle, Analyst, Auctions Operations (regarding bidding) at (717) 338-2888. FCC - See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. Id. Id. See "Auction of Licenses for 800 MHz Specialized Mobile Radio (SMR) Service in the General Category Band (851-854 MHz) and Upper Band (861-865 MHz); Auction Notice and Filing Requirements for 1,053 Licenses in the 800 MHz SMR Service for the General Category Auction; Auction Rescheduled from August 23, 2000 to August 16, 2000;
• http://wireless.fcc.gov/auctions/34/releases/da020959.pdf http://wireless.fcc.gov/auctions/34/releases/da020959.txt
  • 1.2104(g)(1) (2000). 4 47 C.F.R. � 1.2104(g)(1); see Auction No. 34 Winning Bidders' Public Notice, 15 FCC Rcd at 17165 and Attachment C (identifies bidders that owe withdrawal payments to the Commission as a result of bid withdrawals made in Auction No. 34 and lists those licenses with their corresponding three percent interim bid withdrawal payments). 5 47 C.F.R. � 1.2106(e) (2000); see Auction No. 34 Winning Bidders' Public Notice, 15 FCC Rcd at 17165. Ms Kim A. Christianson April 26, 2002 2 withdrawal payment will be assessed, and upon appropriate request, the Commission will refund the interim three percent (3%) payment.6 If in a subsequent auction, the winning bid for that license is less than the bidder's withdrawn bid amount,
• http://wireless.fcc.gov/auctions/34/releases/da020962.pdf http://wireless.fcc.gov/auctions/34/releases/da020962.txt
  • Auction Closes," Public Notice, DA 02-157 (rel. January 22, 2002) ("Auction No. 43 Closing Public Notice"). 3 47 C.F.R. � 1.2104(g)(1) (1998). 4 47 C.F.R. � 1.2104(g)(1); Auction No. 34 Closing Public Notice, at Attachment C (identifies bidders that withdrew bids in Auction No. 34 and states the interim three percent bid withdrawal payment). 5 See 47 C.F.R . � 1.2106(e) (1998); Auction No. 34 Closing Public Notice, at Attachment B. 6 47 C.F.R. � 1.2104(g)(1). Mr. Leon Guerrero April 26, 2002 2 withdrawn bid and subsequent net winning bid, or the difference between the bidder's gross withdrawn bid and the subsequent gross winning bid, whichever is less.7 With respect to CommSpec's bid withdrawal in Auction No. 34, the Commission has
• http://wireless.fcc.gov/auctions/34/releases/da021993.pdf http://wireless.fcc.gov/auctions/34/releases/da021993.txt
  • Norfolk-Virginia Beach-Newport BEA020-F $ 0.00 Fort Wayne, In BEA066-D $ 0.00 Evansville-Henderson, IN-KY-IL BEA069-E $ 0.00 Evansville-Henderson, IN-KY-IL BEA069-FF $ 0.00 Total $ 178,450.00 Because the six licenses were unsold at the end of Auction No. 34, interim bid withdrawal payments equal to three percent (3%) of the net amount of the withdrawn bids were deducted 5 47 C.F.R. � 1.2106(e) (2000); see Auction No. 34 Winning Bidders' Public Notice, 15 FCC Rcd at 17165. 6 47 C.F.R. � 1.2104(g)(1). 7 Id. 8 See Auction No. 34 Winning Bidders' Public Notice, 15 FCC Rcd at Attachment C, 17222-23 (Attachment C lists each of the six licenses and their corresponding interim bid withdrawal payments based on three percent (3%) of the withdrawn
• 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
  • Communications Services Licenses Scheduled for March 23, 1999; Minimum Opening Bids and Other Procedural Issues,'' Public 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
• 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
  • in default on any Commission licenses or is delinquent on any non-tax debt owed to any Federal agency at the deadline for filing FCC Form 175 application for Auction No. 35, the applicant will not be able to make the certification required by 47 C.F.R. � 1.2105(a)(2)(x) and will not be eligible to participate in the auction. 47 C.F.R. � 1.2106(a). See 47 C.F.R. � 24.839. 47 C.F.R. � 1.2111(d), (e)(2)-(3). Licensees are not subject to unjust enrichment payments for transfer or assignment of licenses won in Auction No. 5 and No. 10. See C/F Block Sixth Report and Order, � 51. C/F Block Sixth Report and Order, � 51; 47 C.F.R. � 24.712(c). See Verizon Comments at 4-5; BellSouth/SBC Reply
• 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
  • attorney identified in the correspondence sent to the applicant by overnight mail. For additional information, contact: Rosemary Cabral or David Hu, Auctions Legal Branch (regarding legal questions) or Craig Bomberger, Analyst, Auctions Operations (regarding bidding and auction structure) at (202) 418-0660; Lisa Stover, Auctions Operations (regarding bidding and general filing status) at (717) 338-2888. FCC - See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. Id. See C and F Block Broadband PCS Spectrum Auction Scheduled for December 12, 2000; Auction Notice and Filing Requirements for 422 Licenses in the C and F Block Broadband PCS Spectrum Auction; Minimum Opening Bids and Other Procedures Issues For Final Auction Inventory, Public Notice, DA 00-2259 (rel. October 5, 2000) (``Auction No. 35
• http://wireless.fcc.gov/auctions/35/releases/da002760.doc http://wireless.fcc.gov/auctions/35/releases/da002760.pdf http://wireless.fcc.gov/auctions/35/releases/da002760.txt
  • upfront payment deadline is warranted in this case. This action is taken under delegated authority pursuant to Section 0.331 of the Commission's rules. Sincerely, Margaret W. Wiener Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau See Request for Waiver of MPCS Wireless, Incorporated for the Upfront Payment Deadline for Auction No. 35 (November 30, 2000) (``Request''). 47 C.F.R. � 1.2106(c). 47 C.F.R. � 1.925(b)(3). See ``C and F Block Broadband PCS Spectrum Auction Scheduled for December 12, 2000; Notice and Filing Requirements for 422 Licenses in the C and F Block Broadband PCS Spectrum Auction; Minimum Opening Bids, Upfront Payments and Other Procedural Issues,'' Public Notice, DA 00-2259 (rel. October 5, 2000) (``Auction No. 35 Procedures Public Notice''). See Auction
• http://wireless.fcc.gov/auctions/35/releases/fc000299.doc http://wireless.fcc.gov/auctions/35/releases/fc000299.pdf http://wireless.fcc.gov/auctions/35/releases/fc000299.txt
  • 165 F.3d 965, 971 (D.C. Cir. 1999) (upholding Commission's decision not to allow small businesses to pay by installment for licenses won in an 800 MHz Specialized Mobile Radio Service auction). DEF Report and Order, 11 FCC Rcd at 7858, para. 73. Id. Part 1 Third Report and Order, 13 FCC Rcd at 425, para. 86; see 47 C.F.R. � 1.2106; see Competitive Bidding Second Report and Order, 9 FCC Rcd at 2378, para. 171. Part 1 Third Report and Order, 13 FCC Rcd at 427, para. 91; see 47 C.F.R. � 1.2107. C Block Fourth Report and Order, 13 FCC Rcd at 15,761, para. 32; see 47 C.F.R. �� 24.711, 24.716. We note that the Balanced Budget Act of 1997
• 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
  • 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. 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 found in Section 1.2106 of the Commission's rules. Mock Auction: All applicants found to be qualified bidders are eligible to participate in a mock electronic auction on Monday, October 30, 2000. In the Qualified Bidders Public Notice, the Bureau will announce when software for the mock auction will be posted on the World Wide Web. Remote Bidding Software: Applicants are reminded that qualified bidders
• http://wireless.fcc.gov/auctions/37/releases/da010119.doc http://wireless.fcc.gov/auctions/37/releases/da010119.txt
  • as the minimum opening bid amounts. See generally, Section IV.B.2, infra. Any auction applicant that has previously been in default on any Commission license or has previously been delinquent on any non-tax debt owed to any Federal agency must submit an upfront payment equal to 50 percent more than that set for each particular construction permit. See 47 C.F.R. � 1.2106. Applicant's Wire Transfer Information for Purposes of Refunds The Commission will use wire transfers for all Auction No. 37 refunds. To ensure that refunds of upfront payments are processed in an expeditious manner, the Commission is requesting that all pertinent information as listed below be supplied to the FCC. Applicants can provide the information electronically during the initial short form
• http://wireless.fcc.gov/auctions/37/releases/da010119e.pdf
  • Federal Communications Commission, located at 445 12th Street, S.W., Washington, D.C. The seminar will provide attendees with information about pre-auction procedures, conduct of the auction, FCC remote bidding software, and the broadcast service and auction rules. The seminar will also provide 40 47 C.F.R. � 1.2105(a)(2)(xi). 41 See Part 1 Fifth Report and Order, � 42. 42 47 C.F.R. � 1.2106(a). 17 an opportunity for prospective bidders to ask questions of FCC staff. To register, complete the registration form included as Attachment B of this public notice and submit it by Monday, March 5, 2001. Registrations are accepted on a first-come, first-served basis. B. Short-Form Application (FCC Form 175) - Due March 19, 2001 In order to be eligible to bid
• 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
  • provision for increasing a bidder's maximum eligibility after the upfront payment deadline. Any auction applicant that has previously been in default on any Commission license or has previously been delinquent on any non-tax debt owed to any Federal agency must submit an upfront payment equal to 50 percent more than that set for each particular license. See 47 CFR � 1.2106. Former defaulters should calculate their upfront payment for all licenses by multiplying the number of bidding units they wish to purchase by 1.5. In calculating the number of bidding units to assign to former defaulters, the Commission will divide the upfront payment received by 1.5 and round the result up to the nearest bidding unit. NOTE: An applicant may, on
• 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
  • contact the staff attorney identified in the correspondence sent to the applicant by overnight mail. For additional information, contact: Howard Davenport, Auctions Legal Branch (regarding legal questions) or Craig Bomberger, Analyst, Auctions Operations (regarding bidding and auction structure) at (202) 418-0660; Linda Sanderson, Auctions Operations (regarding bidding and general filing status) at (717) 338-2888. FCC - See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. Id. See Auction of Licenses for the 700 MHz Guard Bands Scheduled for February 13, 2001; Auction Notice and Filing Requirements for 8 Licenses in the 700 MHz Guard Bands; Minimum Opening Bids and Other Procedural Issues, Public Notice, DA 00-2571 (rel. November 14, 2000), 65 Fed. Reg. 83024 (``Auction No. 38 Procedures Public Notice'').
• 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
  • or is delinquent on any non-tax debt owed to any Federal agency at the time the applicant files its FCC Form 175, the applicant will not be able to make the certification required by Section 1.2105(a)(2)(x) of the Commission's rules and will not be eligible to participate in Auction No. 39. 47 C.F.R. �� 1.2110; 1.2105(a)(2)(x). See 47 C.F.R. � 1.2106(a). See 47 C.F.R. � 1.2111(d), (e)(2)-(3). See 47 C.F.R. � 1.2105(a). See 47 C.F.R. � 1.2105. See also Two Way Radio of Carolina, Inc., Memorandum, Opinion and Order, 14 FCC Rcd 12035 (1999). Amendment of Part 1 of the Commission's rules - Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making,
• 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
  • contact the staff attorney identified in the correspondence sent to the applicant by overnight mail. For additional information, contact: Kenneth Burnley, Auctions Legal (regarding legal questions) or Lyle Ishida, Analyst, Auctions Operations (regarding bidding and auction structure) at (202) 418-0660; Linda Sanderson, Auctions Operations (regarding bidding and general filing status) at (717) 338-2888. - FCC - See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. Id. See VHF Public Coast and Location and Monitoring Service Spectrum Auction Scheduled for June 6, 2001; Notice and Filing Requirements for 16 Licenses in the VHF Public Coast and 241 Licenses in the Location and Monitoring Service Auction; Minimum Opening Bids Upfront Payments and Other Procedural Issues, Public Notice, DA 01-746 (rel. March 26,
• 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
  • in default on any Commission licenses or is delinquent on any non-tax debt owed to any Federal agency at the deadline for filing FCC Form 175 application for Auction No. 40, the applicant will not be able to make the certification required by 47 C.F.R. � 1.2105(a)(2)(x) and will not be eligible to participate in the auction. 47 C.F.R. � 1.2106(a). See 47 C.F.R. � 1.2105(a). See 47 C.F.R. � 1.2105. See also Two Way Radio of Carolina, Inc., Memorandum, Opinion and Order, 14 FCC Rcd. 12035 (1999). Amendment of Part 1 of the Commission's rules - Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making, 12 FCC Rcd. 5686, 5697-5698, �
• http://wireless.fcc.gov/auctions/40/releases/da012262.pdf http://wireless.fcc.gov/auctions/40/releases/da012262.txt
  • A also includes FCC account numbers that were automatically created by the FCC software system for each applicant and indicates the number of licenses selected by each applicant on its FCC Form 175 filing. In previous auctions, Attachment A has listed the licenses selected in each accepted application. However, due to the large volume of 1 See 47 C.F.R. � 1.2106. 2 See 47 C.F.R. � 1.65. 2 licenses in Auction No. 40, lists of the licenses selected in each accepted application will be provided in electronic format only, available with this public notice at http://www.fcc.gov/wtb/auctions/40/. Incomplete: Applications found to be incomplete are listed alphabetically in Attachment B. Applicants whose FCC Form 175 applications have been deemed incomplete will receive overnight
• 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
  • in default on any Commission licenses or is delinquent on any non-tax debt owed to any Federal agency at the deadline for filing FCC Form 175 application for Auction No. 41, the applicant will not be able to make the certification required by 47 C.F.R. � 1.2105(a)(2)(x) and will not be eligible to participate in the auction. 47 C.F.R. � 1.2106(a). See 47 C.F.R. � 1.2105(a). See 47 C.F.R. � 1.2105. See also Two Way Radio of Carolina, Inc., Memorandum, Opinion and Order, 14 FCC Rcd. 12035 (1999). Amendment of Part 1 of the Commission's rules - Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making, 12 FCC Rcd. 5686, 5697-5698, �
• 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
  • contact the staff attorney identified in the correspondence sent to the applicant by overnight mail. For additional information, contact: Howard Davenport, Auctions Legal Branch (regarding legal questions) or Lyle Ishida, Analyst, Auctions Operations (regarding bidding and auction structure) at (202) 418-0660; Linda Sanderson, Auctions Operations (regarding bidding and general filing status) at (717) 338-2888. FCC - See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. Id. See 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 (rel. July 9, 2001), (``Auction No. 41 Procedures Public Notice''). ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11
• http://wireless.fcc.gov/auctions/42/releases/da012349.pdf http://wireless.fcc.gov/auctions/42/releases/da012349.txt
  • on its FCC Form 175 filing. In previous auctions, Attachment A has listed the licenses selected in each accepted application. However, due to the large volume of licenses in Auction No. 42, lists of the licenses selected in each accepted application will be provided in electronic format only, available with this public notice at http://www.fcc.gov/wtb/auctions/42/. 1 See 47 C.F.R. � 1.2106. 2 See 47 C.F.R. � 1.65. 2 Incomplete: Applications found to be incomplete are listed alphabetically in Attachment B. Applicants whose FCC Form 175 applications have been deemed incomplete will receive overnight correspondence indicating what information is required to make the applications acceptable for filing. These applicants may become qualified bidders only if they: (1) make the required upfront payments
• http://wireless.fcc.gov/auctions/43/releases/da012315.pdf http://wireless.fcc.gov/auctions/43/releases/da012315.txt
  • Wiener, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, 445 12th Street, SW, Suite 4-A760, Washington, DC 20554, briefly summarizing the changes. Questions about other changes should be directed to Howard Davenport of the Auctions and Industry Analysis Division at (202) 418-0660. 55 47 C.F.R. � 1.2105(a)(2)(x). 56 47 C.F.R. � 1.2105(a)(2)(xi). 57 47 C.F.R. � 1.2106(a). 19 I. Maintaining Current Information in Short-Form Applications (FCC Form 175) Applicants have an obligation under 47 C.F.R. �1.65, to maintain the completeness and accuracy of information in their short-form applications. Amendments reporting substantial changes of possible decisional significance in information contained in FCC Form 175 applications, as defined by 47 C.F.R. � 1.2105(b)(2), will not be accepted and may
• http://wireless.fcc.gov/auctions/44/releases/da020563.pdf http://wireless.fcc.gov/auctions/44/releases/da020563.txt
  • regarding this status. This applicant status information is collected for statistical purposes only and assists the Commission in monitoring the participation of "designated entities" in its auctions. Applicants wishing to submit additional information may do so on Exhibit F (Miscellaneous Information) to the FCC Form 175. 87 47 C.F.R. � 1.2105(a)(2)(x). 88 47 C.F.R. � 1.2105(a)(2)(xi). 89 47 C.F.R. � 1.2106(a). 21 H. Minor Modifications to Short-Form Applications (FCC Form 175) After the short-form filing deadline (May 8, 2002), applicants may make only minor changes to their FCC Form 175 applications. Applicants will not be permitted to make major modifications to their applications (e.g., change their license selections or proposed service areas, change the certifying official or change control of the
• http://wireless.fcc.gov/auctions/44/releases/da022085.pdf http://wireless.fcc.gov/auctions/44/releases/da022085.txt
  • Request for Waiver Expedited Action Requested (June 17, 2002) ("Waiver Request"). 2 See Letter to Margaret Wiener, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, from Ms. Sylvia Lesse and Mr. John Kuykendall, Counsel for Coleman County Telecommunications, Ltd., Auction No. 44 Supplement to Emergency Request for Waiver (June 28, 2002) ("Supplement to Waiver Request"). 3 47 C.F.R. � 1.2106 (c). 4 47 C.F.R. � 1.925. 5 See Auction of Licenses in the 698-746 MHz Band Scheduled for June 19, 2002, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payment and Other Auction Procedures, Public Notice, DA 02- 563, at 23 (rel. March 20, 2002) ("Auction No. 44 Procedures Public Notice"). 6 See Auction No. 44 Procedures Public Notice at
• http://wireless.fcc.gov/auctions/45/releases/da020470.pdf http://wireless.fcc.gov/auctions/45/releases/da020470.txt
  • attachments to electronic mail as Adobe� Acrobat� (pdf) or Microsoft� Word documents. A separate copy of the letter should be faxed to the attention of Kathryn Garland at (717) 338- 2850. Questions about other changes should be directed to Denise Coca of the Auctions and Industry Analysis Division at (202) 418-0660. 42 47 C.F.R. � 1.2105(a)(2)(xi). 43 47 C.F.R. � 1.2106(a). 14 H. Maintaining Current Information in Short-Form Applications (FCC Form 175) Applicants have an obligation under 47 C.F.R. �1.65, to maintain the completeness and accuracy of information in their short-form applications. Amendments reporting substantial changes of possible decisional significance in information contained in FCC Form 175 applications, as defined by 47 C.F.R. � 1.2105(b)(2), will not be accepted and may
• http://wireless.fcc.gov/auctions/45/releases/da020965.pdf http://wireless.fcc.gov/auctions/45/releases/da020965.txt
  • each applicant on its 175 filing. Incomplete: Applications found to be incomplete are listed alphabetically in Attachment B. Applicants whose FCC Form 175 applications have been deemed incomplete will receive overnight correspondence indicating what information is required to make the applications acceptable for filing. These applicants may become qualified bidders only if they: (1) make 1 See 47 C.F.R. � 1.2106. 2 See 47 C.F.R. � 1.65. 2 the required upfront payments by 6:00 p.m. ET on Monday, May 6, 2002; and (2) resubmit their applications by 6:00 p.m. ET on Tuesday, May 7, 2002, to correct the deficiencies indicated. Applicants also must maintain the accuracy of their FCC Form 175 applications as required by the Commission's rules.3 Applicants are advised
• http://wireless.fcc.gov/auctions/46/releases/da021871.pdf http://wireless.fcc.gov/auctions/46/releases/da021871.txt
  • C.F.R. �1.65, to maintain the completeness and accuracy of information in their short-form applications.45 Amendments reporting substantial changes of possible decisional significance in information contained in FCC Form 175 applications, as defined by 47 C.F.R. � 1.2105(b)(2), will not be accepted and may in some instances result in the dismissal of the FCC Form 175 application. 44 47 C.F.R. � 1.2106(a). 45 47 C.F.R. � 1.65. 15 III. PRE-AUCTION PROCEDURES A. Auction Seminar On Wednesday, September 18, 2002, the FCC will sponsor a free seminar for Auction No. 46 at the Federal Communications Commission, located at 445 12th Street, SW, Washington, DC. The seminar will provide attendees with information about pre-auction procedures, conduct of the auction, the FCC Automated Auction System,
• http://wireless.fcc.gov/auctions/62/comments/HodsonBroadcasting.pdf
  • in there, in spite of such difficulties encountered over the years with the Commission's current system and process of FM Table 7 amendments and competitive bidding events. Regarding default criteria guidelines,6 Hodson agrees with current applicant certification and former defaulter statements, but must directly differ on the 150% down payment as a blanket requirement for all former defaulters, as Section 1.2106(a) of the Commission's Rules currently instructs. Instead, if the required statement reflects a previous defaulter has cured outstanding infractions and has remained debt free for at least a decade,7 then that bidder would just pay the standard fare in lieu of the higher upfront payment. Speaking of upfront payments, bidding units, and minimum opening bids, the Commission staff needs to
• 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
  • - 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 FCC Rcd at 15317, � 42. 47 C.F.R. � 1.2106(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 ���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 0i 0i 0i 0i 0i 0i 0i 0i 0i 0i
• http://wireless.fcc.gov/auctions/82/releases/da020004.pdf http://wireless.fcc.gov/auctions/82/releases/da020004.txt
  • instructions, any upfront payment made prior to dismissal will be refunded automatically. We remind applicants that to avoid untimely upfront payments they should discuss arrangements (including bank closing schedules) with their banker several days before making the wire transfer, and allow sufficient time for the transfer to be initiated and completed before the deadline. Detailed 2 See 47 C.F.R. � 1.2106. 3 See 47 C.F.R. � 1.65. 4 Id. 3 information regarding upfront payments including additional requirements for "former defaulters" can be found in the Auction No. 82 Procedures Public Notice under Section III.C.5 Note: Applicants are reminded to submit the same FRN with all future payments. OTHER IMPORTANT INFORMATION Qualified Bidders: Approximately one week after the upfront payment deadline, following
• http://wireless.fcc.gov/auctions/anticollusion/releases/07-C-715.pdf
  • an application, the applicable auction regulations require that an applicant make an upfront payment in order to be able to participate in the auction. "If the applicant does not submit at least the minimum upfront payment, it will be ineligible to bid. Its application will be dismissed and any upfront payment it has made will be returned." 47 C.F.R. � 1.2106(c). Star Wireless made an upfront payment, and thus it was an applicant qualified to bid. Defendant Northeast, however, did not make an upfront payment, and accordingly by the time of the auction it was ineligible to be a qualified bidder. The regulation's anti-collusion rule is found at 47 C.F.R. � 1.2105(c)(1): (c) Prohibition of collusion. (1) Except as provided in
• http://wireless.fcc.gov/auctions/anticollusion/releases/epstein.pdf
  • A, B, and C each choose not to bid individually, but bid only through ABCCo., which will submit its own upfront payment.If A, B, and C choose not to bid individually, their qti payments will be returned, assuming tbcre arc no penalties owed resulting lium bid withdrawal or default.See Paragraph 27 of the Second ?Aemorandurn opinion and order and Section 1.2106 (d) and (e). I hope this expla&m helps clax@ your understanding of the Commission's bidding procedures. Please contact me if you have additional questions. SinceRly, William E. Kennarcl General Counsel ..
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=37&page=O
  • LLC, Request for Waiver of Section 1.2109 of the Commission's Rules Granted the partial waiver of Section 1.2109 of the Commission's rules to Radio Layne, LLC, the winning bidder for FM broadcast construction permit FM003A (King Salmon, AK) in Auction No. 37. [60]pdf - [61]Word 11/2/2004 MEMORANDUM OPINION AND ORDER (FCC 04-261) Richard Hodson - Request for Waiver of Section 1.2106(a) of the Commission's Rules This Memorandum Opinion and Order denies the Application for Review filed by Richard Hodson on October 4, 2004, seeking reversal of the Bureau's decision to deny Hodson Broadcasting's request for waiver of Section 1.2106(a) of the Commission's Rules. [62]pdf - [63]Word 4/10/2003 SECOND REPORT AND ORDER (FCC 03-44) Reexamination of the Comparative Standard for Noncommercial Educational
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=58&page=L
  • to Modify Post-Auction Payment Procedures for Auction No. 58 This 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. [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
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=73&page=L
  • LETTER (DA 08-95) Bernard E. Klein Re: Sonar Radio Corporation Application to Participate in Auction 73 - Request For Waiver of Upfront Payment Deadline Denied Sonar Radio Corporation's request for waiver of the upfront payment deadline for Auction 73. [99]pdf - [100]Word 1/7/2008 LETTER (DA 08-40) Walter Iwachiw Re: World Network International Services, Inc. -- Request for Waiver of Sections 1.2106 and 1.2109(c) of the Commission's Rules Denied the Petition. Denied the request for a waiver of the upfront payment requirement and the default payment rule. [101]pdf - [102]Word 12/26/2007 LETTER (DA 07-5100) Frontier Wireless LLC Application to Participate in Auction No. 73, Request for Waiver [103]pdf - [104]Word Go to an Auction: [73: 700 MHz Band.............][105] Go . Release Types
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=79&page=L
  • System [38]Rural TelecommunicationsTelecommunications Service for Rural America [39]FCC > [40]WTB > [41]Auctions Home > [42]Summary > Releases For Auction 79 [43]FCC Site Map Auction 79 FM Broadcast Small Arrow [44]Summary Small Arrow [45]Fact Sheet Small Arrow Releases Small Arrow [46]Auction Seminar Small Arrow [47]Application Search Letters 7/23/2009 LETTER (DA 09-1578) Hye C. Kim Denied the Request for Waiver of Section 1.2106(a) of the Commission's Rules for Auction 79 (FM Broadcast). [48]pdf - [49]Word Go to an Auction: [79: FM Broadcast.............][50] Go . Release Types [51]Public Notices Letters [52]Return to Top Arrow Return To Top [53]FCC Home [54]Search [55]RSS [56]Updates [57]E-Filing [58]Initiatives [59]Consumers [60]Find People General Auctions Information [61]Licensing, Technical Support and Website Issues [62]Auctions Contact Information - [63]Forgot Your Password? -
• http://wireless.fcc.gov/auctions/default.htm?job=releases_general&y=2004
  • Wireless Liquidating Trust This MO&O grants the applications seeking consent for the assignment of C and F block PCS licenses from the Summit DIPs to the Liquidating 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
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2004&m=11
  • 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 NOTICE (DA 04-3596) Auction [65]84 AM Auction No. 84 Singleton Applications Media Bureau Announces Form 301 Application Deadline and Ten-Day Petition to Deny
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2008&m=1
  • 214 Bidders Qualified to Participate in Auction 73 This Public Notice identifies 214 applicants found to be qualified to bid in the upcoming auction of 700 MHz Band licenses (Auction 73). [78]pdf - [79]Word Attachment A: [80]pdf Attachment B: [81]pdf 1/7/2008 LETTER (DA 08-40) Auction [82]73 Walter Iwachiw Re: World Network International Services, Inc. -- Request for Waiver of Sections 1.2106 and 1.2109(c) of the Commission's Rules Denied the Petition. Denied the request for a waiver of the upfront payment requirement and the default payment rule. [83]pdf - [84]Word 1/2/2008 PUBLIC NOTICE (DA 08-13) Auction [85]73, [86]76 WTB Reminds 700 MHz Auction Applicants of Confidential Nature of Upfront Payment and Other Bidding-Related Information [87]pdf - [88]Word Go to an Auction: [Select
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2009&m=7
  • Downloadable forms for use 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 2009 [43]FCC Site Map Auctions Releases for July 2009 7/23/2009 LETTER (DA 09-1578) Auction [44]79 Hye C. Kim Denied the Request for Waiver of Section 1.2106(a) of the Commission's Rules for Auction 79 (FM Broadcast). [45]pdf - [46]Word 7/22/2009 PUBLIC NOTICE (DA 09-1548) Auction [47]79 Auction of FM Broadcast Construction Permits; Status of Short-Form Applications to Participate in Auction 79 The Media Bureau and WTB announce the status of 121 FCC Form 175 applications to participate in Auction 79, the auction of 122 FM broadcast construction
• http://wireless.fcc.gov/auctions/general/releases/DA-12-440.doc
  • Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and section 1.2104(g)(2) of the Commission's rules, 47 C.F.R. � 1.2104(g)(2), Spectrum Acquisitions, Inc. is ASSESSED a final default payment obligation as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to sections 1.2104 and 1.2106 of the Commission's rules, 47 C.F.R. �� 1.2104 and 1.2106, Spectrum Acquisitions, Inc's interim payment or funds on deposit will be applied towards the final default payment. IT IS FURTHER ORDERED that Spectrum Acquisition Inc.'s debt of $110,800.00 is payable in full and without further demand, and it must be paid within 30 days of the date of this Order
• http://wireless.fcc.gov/auctions/general/releases/DA-12-441.doc
  • IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and section 1.2104(g)(2) of the Commission's rules, 47 C.F.R. � 1.2104(g)(2), Golden Arrow Paging, Inc. is ASSESSED a final default payment obligation as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to sections 1.2104 and 1.2106 of the Commission's rules, 47 C.F.R. �� 1.2104 and 1.2106, Golden Arrow Paging, Inc.'s interim payment or funds on deposit will be applied towards the final default payment. IT IS FURTHER ORDERED that Golden Arrow Paging, Inc.'s debt of $25,011.50 is payable in full and without further demand, and it must be paid within 30 days of the date of
• http://wireless.fcc.gov/auctions/general/releases/DA-12-442.doc
  • IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and section 1.2104(g)(2) of the Commission's rules, 47 C.F.R. � 1.2104(g)(2), Longstreet Communications International, Inc. is ASSESSED a final default payment obligation as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to sections 1.2104 and 1.2106 of the Commission's rules, 47 C.F.R. �� 1.2104 and 1.2106, Longstreet Communications International, Inc.'s interim payment or funds on deposit will be applied towards the final default payment. IT IS FURTHER ORDERED that Longstreet Communications International, Inc.'s debt of $1,045,600.89 is payable in full and without further demand, and it must be paid within 30 days of the date of
• http://wireless.fcc.gov/auctions/general/releases/DA-12-443.doc
  • Clauses Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and section 1.2104(g)(2) of the Commission's rules, 47 C.F.R. � 1.2104(g)(2), Mary Vargas is ASSESSED a final default payment obligation as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to sections 1.2104 and 1.2106 of the Commission's rules, 47 C.F.R. �� 1.2104 and 1.2106, Mary Vargas's interim payment or funds on deposit will be applied towards the final default payment. IT IS FURTHER ORDERED that Mary Vargas's debt of $201,908.75 is payable in full and without further demand, and it must be paid within 30 days of the date of this Order (the Due
• http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
  • removed in whole or in part: 21.952; 22.209; 22.227; 22.964; 24.709(a)(4)-(5); 27.204(a)-(b); 90.806; 90.906; 90.1009; 100.75; 101.531(a); 101.1104; and 101.1204.45 Also, the following service-specific rules, which are redundant with all or part of the prohibition on collusion in section 1.2105,46 are modified or removed in whole or in part: 21.953; 25.405; 27.204(c); and 100.79.47 10. Submission of upfront payments. Section 1.2106 of the Commission's rules describes the procedures for submitting upfront payments, i.e., the sums an applicant that complies with the short-form application requirements tenders to the Commission before an auction in order to be qualified to bid.48 The following service-specific rules, which conflict or are redundant with all or part of section 1.2106 of the Commission's rules,49 are removed in
• 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
  • is the interest rate that would apply to corporate debt, i.e., rates on corporate bonds offered by Qualcomm or similarly situated firms. We believe that 11.5% is a reasonable estimate of this market cost of debt at the time the payment stream would have begun. Third Report and Order, 9 FCC Rcd at 1339 (para. 8). See 47 C.F.R. � 1.2106. See 47 C.F.R. �� 1.2104(g)(1),(2). See Part 1 of the Commission's Rules, Subpart Q, Competitive Bidding Proceedings, 47 C.F.R. � 1.2101 et seq. 47 C.F.R. � 1.2105. 47 C.F.R. � 1.2112. 47 C.F.R. � 1.2107. See 47 C.F.R. � 1.2108(b). See 47 C.F.R. � 1.2109(a). Commission staff will provide further guidance regarding notification procedures. (continued....) Federal Communications Commission FCC 00-189
• 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
  • participate in future C block auctions, the Commission reasoned that "the integrity of the auctions program and the licensing process dictates requiring a more stringent financial showing from applicants with a poor Federal financial track record." We believe that this reasoning applies with equal force to "former defaulters" seeking to participate in any Commission auction. Consequently, we will amend Section 1.2106(a) of our general competitive bidding rules to require that "former defaulters" pay an upfront payment amount of 1.5 times the normal amount set by the Bureau for any given license in a Commission auction. So that the Bureau may implement this rule, we will require applicants to make an additional certification revealing whether they have ever been in default on
• 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
  • delinquent debts to federal agencies will afford additional assurance that the applicant will be able to meet its future obligations by indicating whether it may later be subject to a monetary judgment or collection procedures that may impair its ability to provide service. Bidders who cannot make this certification may be ineligible for installment payment plans.14 8. Payment procedures. Section 1.2106(b) of our rules addresses the submission of upfront payments by bidders in an auction. Section 1.2107(b) of our rules addresses submission of down payments by high bidders at the end of the auction. Section 1.2110(e)(1) of our rules addresses down payments made by entities eligible for installment payments. These rules currently allow for submission of payments to the Commission by
• 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
  • applications. In the Notice, we proposed to 225 explicitly reserve this right for all auctionable services. 82. Discussion. The only commenters to address this proposal, PageNet and Airadigm, Federal Communications Commission FCC 97-413 PageNet Comments at 9. 226 Airadigm Comments at 11-12. 227 47 U.S.C. �� 403, 308(b). 228 See 5 U.S.C. � 551 et seq. 229 47 C.F.R. � 1.2106(a). See also 47 C.F.R. � 1.2110(g). 230 Competitive Bidding Second Report and Order, 9 FCC Rcd at 2377, � 169. 231 Id. 232 50 support this proposal. Airadigm requests that applicants and licensees subject to audit be 226 afforded sufficient time to provide information to the Commission and that the Commission issue written findings following its examination. We therefore adopt
• http://wireless.fcc.gov/auctions/general/releases/part1rul.doc http://wireless.fcc.gov/auctions/general/releases/part1rul.pdf
  • has communicated with and will communicate neither with Company A or anyone else concerning Company A's bids or bidding strategy, nor with Company C or anyone else concerning Company C's bids or bidding strategy, or (2) that it has not communicated with and will not communicate with Company D or anyone else concerning Company D's bids or bidding strategy. � 1.2106 Submission of upfront payments. (a) The Commission may require applicants for licenses subject to competitive bidding to submit an upfront payment. In that event, the amount of the upfront payment and the procedures for submitting it will be set forth in a Public Notice. No interest will be paid on upfront payments. (b) Upfront payments must be made by wire
• http://wireless.fcc.gov/index.htm?job=headlines&y=2004
  • S. Foster, President, Golden Arrow Paging, Inc. [177]pdf - [178]Word 11/23/2004 PUBLIC NOTICE (DA 04-3673) WTB Grants Lower 700 MHz Band Licenses; Auction Event No. 44 [179]pdf - [180]Word 11/23/2004 PUBLIC NOTICE (DA 04-3677) WTB Reminder of Anti-Collusion Rule Obligations [181]pdf - [182]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 [183]pdf - [184]Word 11/22/2004 LETTER (DA 04-3668) Letter Denying Golden Arrow Paging's Reconsideration Request Claiming Eligibility for a Bidding Credit in Auction No. 40 [185]pdf - [186]Word 11/18/2004 ORDER (DA 04-3617) Federal-State Joint Board on Universal Service/Sprint Corporation/Application for Designation as an Eligible Telecommunications Carrier in the State of Alabama, et al [187]pdf - [188]Word 11/17/2004
• http://wireless.fcc.gov/index.htm?job=headlines&y=2008
  • Local Multipoint Distribution Service (LMDS) Seeking Waivers of Section 101.1011 of the Commission's Rules and Extensions of Time to Construction and Demonstrate Substantial Service [733]pdf - [734]Word Appendix A: [735]pdf - [736]Word Appendix B: [737]pdf - [738]xls Appendix C: [739]pdf - [740]xls 1/7/2008 LETTER (DA 08-40) Walter Iwachiw Re: World Network International Services, Inc. -- Request for Waiver of Sections 1.2106 and 1.2109(c) of the Commission's Rules [741]pdf - [742]Word 1/2/2008 PUBLIC NOTICE (DA 08-13) WTB Reminds 700 MHz Auction Applicants of Confidential Nature of Upfront Payment and Other Bidding-Related Information [743]pdf - [744]Word [745]FCC Home [746]Search [747]RSS [748]Updates [749]E-Filing [750]Initiatives [751]Consumers [752]Find People [753]Licensing, Technical Support and Website Issues - [754]Forgot Your Password? - [755]Submit eSupport request Phone: 1-877-480-3201 TTY:
• http://wireless.fcc.gov/index.htm?job=releases_page&t=Order&y=2009
  • to Google concerning Apple's rejection of the Google Voice for iPhone Application DA-09-1739A1_Rcd: [57]pdf DA-09-1739A1: [58]pdf - [59]word - [60]txt 07/28/2009 WTB Orders (DA 09-1623) NATIONAL SCIENCE AND TECHNOLOGY NETWORK, INC Modified the license for Station WPMP967 DA-09-1623A1_Rcd: [61]pdf DA-09-1623A1: [62]pdf - [63]word - [64]txt 07/23/2009 WTB Orders (DA 09-1578) Hye C. Kim Denied the Request for Waiver of Section 1.2106(a) of the Commission's Rules for Auction 79 (FM Broa... DA-09-1578A1_Rcd: [65]pdf DA-09-1578A1: [66]pdf - [67]word - [68]txt 07/21/2009 WTB Orders (DA 09-1555) NATIONAL SCIENCE AND TECHNOLOGY NETWORK, INC Denied the Petition DA-09-1555A1_Rcd: [69]pdf DA-09-1555A1: [70]pdf - [71]word - [72]txt 07/15/2009 WTB Orders (DA 09-1536) Applications of American Samoa Telecommunications Authority (Auction 78), Application of AST Telecom, LLC (Auction 78), and
• http://wireless.fcc.gov/rss/index.htm?job=ainf&id=37
  • 05:00:00 GMTThis letter denies the request from Horizon Broadcasting Group, LLC to re-evaluate the eligibility of a bidder in Auction No. 37.http://wireless.fcc.gov/auctions/default.htm?job=release&id=88&y=200 4Fri, 12 Nov 2004 05:00:00 GMTThis Memorandum Opinion and Order denies the Application for Review filed by Richard Hodson on October 4, 2004, seeking reversal of the Bureau's decision to deny Hodson Broadcasting's request for waiver of Section 1.2106(a) of the Commission's Rules.http://wireless.fcc.gov/auctions/default.htm?job=release&id=82&y= 2004Tue, 02 Nov 2004 05:00:00 GMTWithdrawal of Application for Review and a Motion of Stay of Auction 37 filed by Minority Media and Telecommunications Council.http://wireless.fcc.gov/auctions/default.htm?job=release&id=76& y=2004Fri, 22 Oct 2004 04:00:00 GMTThe Federal Communications Commission identifies 456 applicants found to be qualified to bid in the upcoming auction for 288 FM Broadcast construction permits -- Auction No.
• http://wireless.fcc.gov/rss/index.htm?job=ainf&id=58
  • 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 2004 04:00:00 GMTThis MO&O dismisses the petition for reconsideration filed by Verizon Wireless, denies the petition for rulemaking and request for waiver filed by CTIA, and denies the request for
• http://wireless.fcc.gov/rss/index.htm?job=ainf&id=79
  • Held Permits: 43 Eligible Bidders: 75 (of 77 qualified bidders) * PWBs = Provisionally Winning Bidders http://wireless.fcc.gov/auctions/default.htm?job=auction_summary&id=79T ue, 01 Sep 2009 21:05:02 GMTThe Wireless Telecommunications and Media Bureaus identify 77 applicants found to be qualified to bid in the upcoming auction of FM broadcast construction permits (Auction 79).http://wireless.fcc.gov/auctions/default.htm?job=release&id=198&y=2 009Wed, 19 Aug 2009 04:00:00 GMTDenied the Request for Waiver of Section 1.2106(a) of the Commission's Rules for Auction 79 (FM Broadcast).http://wireless.fcc.gov/auctions/default.htm?job=release&id= 189&y=2009Thu, 23 Jul 2009 04:00:00 GMTThe Media Bureau and WTB announce the status of 121 FCC Form 175 applications to participate in Auction 79, the auction of 122 FM broadcast construction permits scheduled to begin on September 1, 2009.http://wireless.fcc.gov/auctions/default.htm?job=release&id=188&y= 2009Wed, 22 Jul 2009 04:00:00 GMThttp://wireless.fcc.gov/auctions/default.htm?job=release&id=112&y=20 09Fri, 29 May 2009 04:00:00 GMTThe
• http://wireless.fcc.gov/wtb/index.htm?job=headlines&y=2004
  • S. Foster, President, Golden Arrow Paging, Inc. [177]pdf - [178]Word 11/23/2004 PUBLIC NOTICE (DA 04-3673) WTB Grants Lower 700 MHz Band Licenses; Auction Event No. 44 [179]pdf - [180]Word 11/23/2004 PUBLIC NOTICE (DA 04-3677) WTB Reminder of Anti-Collusion Rule Obligations [181]pdf - [182]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 [183]pdf - [184]Word 11/22/2004 LETTER (DA 04-3668) Letter Denying Golden Arrow Paging's Reconsideration Request Claiming Eligibility for a Bidding Credit in Auction No. 40 [185]pdf - [186]Word 11/18/2004 ORDER (DA 04-3617) Federal-State Joint Board on Universal Service/Sprint Corporation/Application for Designation as an Eligible Telecommunications Carrier in the State of Alabama, et al [187]pdf - [188]Word 11/17/2004
• http://wireless.fcc.gov/wtb/index.htm?job=headlines&y=2008
  • Local Multipoint Distribution Service (LMDS) Seeking Waivers of Section 101.1011 of the Commission's Rules and Extensions of Time to Construction and Demonstrate Substantial Service [733]pdf - [734]Word Appendix A: [735]pdf - [736]Word Appendix B: [737]pdf - [738]xls Appendix C: [739]pdf - [740]xls 1/7/2008 LETTER (DA 08-40) Walter Iwachiw Re: World Network International Services, Inc. -- Request for Waiver of Sections 1.2106 and 1.2109(c) of the Commission's Rules [741]pdf - [742]Word 1/2/2008 PUBLIC NOTICE (DA 08-13) WTB Reminds 700 MHz Auction Applicants of Confidential Nature of Upfront Payment and Other Bidding-Related Information [743]pdf - [744]Word [745]FCC Home [746]Search [747]RSS [748]Updates [749]E-Filing [750]Initiatives [751]Consumers [752]Find People [753]Licensing, Technical Support and Website Issues - [754]Forgot Your Password? - [755]Submit eSupport request Phone: 1-877-480-3201 TTY:
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2004&m=11&t=Order
  • 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... DA-04-3668A1: [97]pdf
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2004&m=9&t=Order
  • the Havens filings. Denied both of Mobex's motions for stays and its motion to dismiss, an... DA-04-2983A1: [84]pdf - [85]word - [86]txt 09/14/2004 WTB Orders (DA 04-2969) EXELON GENERATION COMPANY, LLC/FULTON CONTRACTING COMPANY Denied the Waiver Requests and Dismissed the Applications DA-04-2969A1: [87]pdf - [88]word - [89]txt 09/14/2004 WTB Orders (DA 04-2975) Hodson Broadcasting - Request for Waiver of Section 1.2106(a) Former Defaulter Upfront Payment Requirement for Participation in FM Broadcast Auction No. 37 Denied the Waiver Request DA-04-2975A1: [90]pdf - [91]word - [92]txt 09/13/2004 WTB Orders (FCC 04-213) MESTER'S TV Dismissed the Petition and denied the Informal Objection FCC-04-213A1: [93]pdf - [94]word - [95]txt 09/10/2004 WTB Orders (DA 04-2962) Improving Public Safety in the 800 MHz band Extended the deadline
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2008&m=1&t=Order
  • WQBI856, WQBI... DA-08-89A1: [103]pdf - [104]word - [105]txt 01/14/2008 WTB Orders (DA 08-90) JACK IN THE BOX, INC. AND TACO BELL OF AMERICA, INC Modified the authorizations of Industrial/Business Pool Stations WPTC451, WPVM527, WPVS418, Bakersfi... DA-08-90A1: [106]pdf - [107]word - [108]txt 01/07/2008 WTB Orders (DA 08-40) Walter Iwachiw re: World Network International Services, Inc. -- Request for Waiver of Sections 1.2106 and 1.2109(c) of the Commission's Rules Denied the Petition. Denied the request for a waiver of the upfront payment requirement and the def... DA-08-40A1: [109]pdf - [110]word - [111]txt WTB Orders, January - 2008 has 21 Records. Return to Top Arrow [112]Return to Top Last reviewed/updated on 07/16/2012 Wireless Index Categories [113]Jan-2008 News Releases [114]Jan-2008 Notices *** Jan-2008 Orders [115]Jan-2008
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2009&m=7&t=Order
  • to Google concerning Apple's rejection of the Google Voice for iPhone Application DA-09-1739A1_Rcd: [57]pdf DA-09-1739A1: [58]pdf - [59]word - [60]txt 07/28/2009 WTB Orders (DA 09-1623) NATIONAL SCIENCE AND TECHNOLOGY NETWORK, INC Modified the license for Station WPMP967 DA-09-1623A1_Rcd: [61]pdf DA-09-1623A1: [62]pdf - [63]word - [64]txt 07/23/2009 WTB Orders (DA 09-1578) Hye C. Kim Denied the Request for Waiver of Section 1.2106(a) of the Commission's Rules for Auction 79 (FM Broa... DA-09-1578A1_Rcd: [65]pdf DA-09-1578A1: [66]pdf - [67]word - [68]txt 07/21/2009 WTB Orders (DA 09-1555) NATIONAL SCIENCE AND TECHNOLOGY NETWORK, INC Denied the Petition DA-09-1555A1_Rcd: [69]pdf DA-09-1555A1: [70]pdf - [71]word - [72]txt 07/15/2009 WTB Orders (DA 09-1536) Applications of American Samoa Telecommunications Authority (Auction 78), Application of AST Telecom, LLC (Auction 78), and
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2009&t=Order
  • to Google concerning Apple's rejection of the Google Voice for iPhone Application DA-09-1739A1_Rcd: [57]pdf DA-09-1739A1: [58]pdf - [59]word - [60]txt 07/28/2009 WTB Orders (DA 09-1623) NATIONAL SCIENCE AND TECHNOLOGY NETWORK, INC Modified the license for Station WPMP967 DA-09-1623A1_Rcd: [61]pdf DA-09-1623A1: [62]pdf - [63]word - [64]txt 07/23/2009 WTB Orders (DA 09-1578) Hye C. Kim Denied the Request for Waiver of Section 1.2106(a) of the Commission's Rules for Auction 79 (FM Broa... DA-09-1578A1_Rcd: [65]pdf DA-09-1578A1: [66]pdf - [67]word - [68]txt 07/21/2009 WTB Orders (DA 09-1555) NATIONAL SCIENCE AND TECHNOLOGY NETWORK, INC Denied the Petition DA-09-1555A1_Rcd: [69]pdf DA-09-1555A1: [70]pdf - [71]word - [72]txt 07/15/2009 WTB Orders (DA 09-1536) Applications of American Samoa Telecommunications Authority (Auction 78), Application of AST Telecom, LLC (Auction 78), and
• 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
  • auctions), and 90 C.F.R. �� 90.801 et seq. (rules for 900 MHz SMR auctions). Since the competitive bidding for universal service support contemplated in the instant proceeding does not involve choosing from among mutually exclusive applications for licenses to use the electromagnetic spectrum, Section 309(j) of the Act, and the Commission's rules adopted pursuant thereto, would not apply. In Section 1.2106 of the Commission's rules, 47 C.F.R. � 1.2106, the Commission authorized the collection of upfront payments and set forth general rules concerning them. Service-specific rules require upfront payments in particular auctions. See, e.g., 47 C.F.R. � 24.706 (upfront payment rule for broadband PCS auctions). Public Notice, Report No. AUC-94-04, released September 19, 1994 (setting forth auction procedures, including activity requirements,
• 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
  • as the Commission. By shortening the time required for the Commission to process applications before the auction, electronic filing will increase the lead time available to applicants to finalize their business plans and arrange necessary financing before the short-form filing deadline. Federal Communications Commission FCC 97-50 Second Report and Order, 9 FCC Rcd at 2375. 369 See 47 C.F.R. � 1.2106. 370 86 173. We also proposed in the NPRM that an applicant's electronic submission of FCC Form 175 include a certification that the applicant is not in default on any Commission licenses and that it is not delinquent on any extension of credit from any federal agency. No commenters addressed this issue. We therefore adopt this certification requirement for the
• 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
  • 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 the reauction of C block
• http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98046.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98046.wp
  • explicit authority to pay interest to licensees, which was one of DiGiPH's suggestions. Id. at 8. For example, unsuccessful bidders in Commission auctions do not earn interest on their upfront payments or down payments. Rather, the accrued interest on these funds is transferred to the Telecommunications Development Fund. See Communications Act � 309(j)(8)(C), 47 U.S.C. � 309(j)(8)(C); 47 C.F.R. �� 1.2106(a) and 1.2107(b). - 13 - an array of alternative payment options, designed to accommodate licensees' various needs. These options were developed and are now being modified in an effort to balance complex and competing interests, with the recognition that it is impossible to devise alternatives that satisfy every entity with an interest in this proceeding. The record before us does
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000556.doc
  • Nevertheless, we note that if any of the subject licenses are won at auction for amounts greater than LMDSC's bid for these licenses, the default payment due will only be three percent of LMDSC's defaulted bid. Consequently, we will require a deposit of three percent of LMDSC's defaulted net high bid for the subject licenses, or $11,962.50. Pursuant to Sections 1.2106(e) and 1.22104(g) of the Commission's Rules, the $11,962.50 initial default payment will be deducted from the $633,952.00 on deposit with the Commission, leaving a balance of $621,989.50. This amount is sufficient to satisfy LMDSC's payment obligation of $591,800.00 on the eight licenses it wishes to retain. This also leaves LMDSC with $6,517.50 on deposit in excess of the amount owed
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001716.doc
  • established at the close of the auction. A winning bidder that defaults on its full payment obligation will, therefore, be required to make the Commission whole for the amount of the winning bid, subject to any mitigation of damages produced by the subsequent auction of the license (or licenses) for the same spectrum. 12. Accordingly, pursuant to sections 1.2104(g)(2) and 1.2106(c) the Commission's rules, Metro-Trak is subject to default payment obligations. Specifically, Metro-Trak is required to pay the difference between the amount bid and the amount of the winning bid the next time the license is offered by the Commission (so long as the subsequent winning bid is less than the defaulted bid), plus an additional payment equal to three percent
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00189.doc
  • is the interest rate that would apply to corporate debt, i.e., rates on corporate bonds offered by Qualcomm or similarly situated firms. We believe that 11.5% is a reasonable estimate of this market cost of debt at the time the payment stream would have begun. Third Report and Order, 9 FCC Rcd at 1339 (para. 8). See 47 C.F.R. � 1.2106. See 47 C.F.R. �� 1.2104(g)(1),(2). See Part 1 of the Commission's Rules, Subpart Q, Competitive Bidding Proceedings, 47 C.F.R. � 1.2101 et seq. 47 C.F.R. � 1.2105. 47 C.F.R. � 1.2112. 47 C.F.R. � 1.2107. See 47 C.F.R. � 1.2108(b). See 47 C.F.R. � 1.2109(a). Commission staff will provide further guidance regarding notification procedures. (continued....) Federal Communications Commission FCC 00-189
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00274.doc
  • participate in future C block auctions, the Commission reasoned that "the integrity of the auctions program and the licensing process dictates requiring a more stringent financial showing from applicants with a poor Federal financial track record." We believe that this reasoning applies with equal force to "former defaulters" seeking to participate in any Commission auction. Consequently, we will amend Section 1.2106(a) of our general competitive bidding rules to require that "former defaulters" pay an upfront payment amount of 1.5 times the normal amount set by the Bureau for any given license in a Commission auction. So that the Bureau may implement this rule, we will require applicants to make an additional certification revealing whether they have ever been in default on
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00299.doc
  • 165 F.3d 965, 971 (D.C. Cir. 1999) (upholding Commission's decision not to allow small businesses to pay by installment for licenses won in an 800 MHz Specialized Mobile Radio Service auction). DEF Report and Order, 11 FCC Rcd at 7858, para. 73. Id. Part 1 Third Report and Order, 13 FCC Rcd at 425, para. 86; see 47 C.F.R. � 1.2106; see Competitive Bidding Second Report and Order, 9 FCC Rcd at 2378, para. 171. Part 1 Third Report and Order, 13 FCC Rcd at 427, para. 91; see 47 C.F.R. � 1.2107. C Block Fourth Report and Order, 13 FCC Rcd at 15,761, para. 32; see 47 C.F.R. �� 24.711, 24.716. We note that the Balanced Budget Act of 1997
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da980572.pdf
  • (FCC Forms 175 and 175-S). Each applicant to participate in competitive bidding for LMDS licenses must submit an application (FCC Forms 175 and 175-S) pursuant to the provisions of Sec. 1.2105 of this chapter. Sec. 101.1105 Submission of payments. (a) Each applicant to participate in an LMDS auction will be required to submit an upfront payment in accordance with Sec. 1.2106 of this chapter as announced by the Wireless Telecommunications Bureau by Public Notice. (b) Winning bidders in LMDS auctions must submit a down payment to the Commission in an amount sufficient to bring their total deposits up to 20 percent of their winning bids within ten business days following the release of a Public Notice announcing the close of the
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da990375.pdf
  • Wireless Telecommunications Bureau (the "Bureau") resolves a pending assignment application filed by a subsidiary of Leap and AirGate Wireless, L.L.C. The Bureau expects to resolve this matter prior to the commencement of Auction No. 22 on March 23, 1999 and reserves the right to reject Leap's short- form application based on its decision therein. See 47 C.F.R. �� 1.65 and 1.2106. 3 See 47 C.F.R. �� 1.65 and 1.2106. 4 See "Auction of C, D, E, and F Block Broadband PCS Licenses; Notice and Filing Requirements for Auction of 5 C, D, E, and F Block Broadband Personal Communications Services Licenses Scheduled for March 23, 1999; Minimum Opening Bids and Other Procedural Issues," Public Notice, DA 98-2604 (rel. December 23, 1998);
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da990528.pdf
  • granted only after full payment is made.11 For additional information regarding this Public Notice, please contact Jeff Garretson, Auctions Operations Branch, Auctions and Industry Analysis Division, at (202) 418-0660, or Audrey Bashkin, Legal Branch, Auctions and Industry Analysis Division, at (202) 418-0660. Questions about software or hardware should be directed to Technical Support at (202) 414-1250. 10 See 47 C.F.R. �1.2106. 11 A high bidder is required to pay the balance of its high bids in a lump sum within ten (10) business days following an award of the license. There is an opportunity for a high bidder to pay its balance ten (10) days after the payment deadline, provided it also pays a late fee equal to five percent (5%)
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da990904.pdf
  • 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 applicants will become qualified bidders only if they: (1) resubmit their applications by 5:30 p.m. ET on 1 See 47 C.F.R. �� 1.65 and 1.2106. 2 Monday May 24, 1999 and provide the requested information or correct the deficiencies indicated; and (2) make the required upfront payments by 6:00 p.m. ET on Monday, May 24, 1999, as discussed below. They must also keep their applications up-to-date as required.2 Applicants are also advised that Attachment B includes FCC account numbers for each applicant. FCC account numbers
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000173.doc
  • designated attorney identified in the correspondence sent to the applicant by overnight mail. For additional information, contact: Rosemary Cabral, Legal Branch at (202) 418-0660 (regarding legal questions); Lisa Hartigan, Auction Operations at (202) 418-0695 (regarding bidding and general filing status); and Bob Reagle, Analyst, Auction Operations at (717) 338-2807 (regarding bidding). - FCC - See 47 C.F.R. �� 1.65 and 1.2106. Id. See "Auction of 929 and 931 MHz Paging Service Spectrum; Auction Notice and Filing Requirements for 2,499 Paging Upper Band Licenses Scheduled for February 24, 2000; Minimum Opening Bids and Other Procedural Issues," Public Notice, DA 99-1591 (rel. August 12, 1999)(``Auction No. 26 Public Notice'') for detailed remittance and upfront payment information. This and other documents, including the Bidder
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000615.doc
  • should contact the designated attorney identified in the correspondence sent to the applicant by overnight mail. For additional information, contact: Kenneth Burnley, Legal Branch at (202) 418-0660 (regarding legal questions); Lisa Stover, Auction Operations (regarding bidding and general filing status) or Bob Reagle, Analyst, Auction Operations (regarding bidding) at (717) 338-2888. - FCC - See 47 C.F.R. �� 1.65 and 1.2106. Id. See "Auction of Licenses for Fixed Point-to-Point Microwave Services 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 Auction 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'') for detailed
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001800.doc
  • the applicant should contact the staff attorney identified in the correspondence sent to the applicant by overnight mail. For additional information, contact: Howard Davenport, Auctions Legal Branch at (202) 418-0660 (regarding legal questions); Lisa Stover, Auctions Operations (regarding bidding and general filing status) or Bob Reagle, Analyst, Auctions Operations (regarding bidding) at (717) 338-2888. FCC - See 47 C.F.R. � 1.2106. See 47 C.F.R. � 1.65. Id. ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). $ $ U V 0) (``Auction No. 33 Announcing Public Notice''). See 47 C.F.R. �� 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. �1.2108. See 47 C.F.R. �1.202(d) note (1); see also ``Commission Announces that
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001854.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001854.txt
  • (amending the Commission's Part 1 competitive bidding rules); see also 47 C.F.R. � 1.2109(a) (as amended). See 47 C.F.R. � 1.2109(a). See 47 C.F.R. �� 1.2104(g)(2) (as amended), 1.2109, 1.2107(b), 101.1105; see also Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, DA 96-481, Public Notice, 11 FCC Rcd 10853 (1996). See 47 C.F.R. � 1.2104(g)(2). See 47 C.F.R. � 1.2106(e). See 47 C.F.R. � 1.2109(b). Copies of the FCC Form 159 may be obtained by calling the Commission's Forms Distribution Center at 1-800-418-3676 (outside Washington, D.C.) or 202-418-3676 (in the Washington area). Copies of the FCC Form 159 can also be obtained via the Internet <> or by Fax-On-Demand (202-418-2830). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington,
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002038.doc
  • Communications Services Licenses Scheduled for March 23, 1999; Minimum Opening Bids and Other Procedural Issues,'' Public 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
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002242.doc
  • (amending the Commission's Part 1 competitive bidding rules); see also 47 C.F.R. � 1.2109(a) (as amended). See 47 C.F.R. � 1.2109(a). See 47 C.F.R. �� 1.2104(g)(2) (as amended), 1.2109, 1.2107(b), 101.1105; see also Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, DA 96-481, Public Notice, 11 FCC Rcd 10853 (1996). See 47 C.F.R. � 1.2104(g)(2). See 47 C.F.R. � 1.2106(e). See 47 C.F.R. � 1.2109(b). Copies of the FCC Form 159 may be obtained by calling the Commission's Forms Distribution Center at 1-800-418-3676 (outside Washington, D.C.) or 202-418-3676 (in the Washington area). Copies of the FCC Form 159 can also be obtained via the Internet <> or by Fax-On-Demand (202-418-2830). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington,
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002259.doc
  • in default on any Commission licenses or is delinquent on any non-tax debt owed to any Federal agency at the deadline for filing FCC Form 175 application for Auction No. 35, the applicant will not be able to make the certification required by 47 C.F.R. � 1.2105(a)(2)(x) and will not be eligible to participate in the auction. 47 C.F.R. � 1.2106(a). See 47 C.F.R. � 24.839. 47 C.F.R. � 1.2111(d), (e)(2)-(3). Licensees are not subject to unjust enrichment payments for transfer or assignment of licenses won in Auction No. 5 and No. 10. See C/F Block Sixth Report and Order, � 51. C/F Block Sixth Report and Order, � 51; 47 C.F.R. � 24.712(c). See Verizon Comments at 4-5; BellSouth/SBC Reply
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002260.doc
  • 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. 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 found in Section 1.2106 of the Commission's rules. Mock Auction: All applicants found to be qualified bidders are eligible to participate in a mock electronic auction on Monday, October 30, 2000. In the Qualified Bidders Public Notice, the Bureau will announce when software for the mock auction will be posted on the World Wide Web. Remote Bidding Software: Applicants are reminded that qualified bidders
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002614.pdf
  • to the FCC Form 175 applications, these applicants need take no further action except as may be necessary to maintain the accuracy of their applications.2 Also, applicants are advised that Attachment A includes FCC account numbers that were automatically created by the FCC software system for each applicant, and which are applicable for bidding only. 1 See 47 C.F.R. � 1.2106. 2 See 47 C.F.R. � 1.65. 2 Incomplete: Applications found to be incomplete are listed alphabetically in Attachment B. Applicants whose FCC Form 175 applications have been deemed incomplete will receive overnight correspondence indicating what information is required to make the applications acceptable for filing. These applicants may become qualified bidders only if they: (1) make the required upfront payments
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2004/dd040915.html
  • Chief, Enforcement Bureau. Adopted: 09/14/2004 by NALF. (DA No. 04-2981). EB [58]DA-04-2981A1.doc [59]DA-04-2981A1.pdf [60]DA-04-2981A1.txt EXELON GENERATION COMPANY, LLC/FULTON CONTRACTING COMPANY. Denied the Waiver Requests and Dismissed the Applications. Action by: Deputy Chief, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau. Adopted: 09/13/2004 by ORDER. (DA No. 04-2969). WTB [61]DA-04-2969A1.doc [62]DA-04-2969A1.pdf [63]DA-04-2969A1.txt HODSON BROADCASTING - REQUEST FOR WAIVER OF SECTION 1.2106(A) FORMER DEFAULTER UPFRONT PAYMENT REQUIREMENT FOR PARTICIPATION IN FM BROADCAST AUCTION NO. 37. Denied the Waiver Request. Action by: Deputy Chief, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau. Adopted: 09/14/2004 by LETTER. (DA No. 04-2975). WTB [64]DA-04-2975A1.doc [65]DA-04-2975A1.pdf [66]DA-04-2975A1.txt References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-252157A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-252157A1.txt 3. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-252155A1.pdf 4. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-252155A1.txt 5. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-252114A1.pdf 6. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-252114A1.txt 7. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-252152A1.pdf 8. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-252152A1.txt 9. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2978A1.doc 10.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2004/dd041124.html
  • 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 * * * * * ----------------------------------------------------------------------- --- CORRECTIONS
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080108.html
  • date on which the petitions requesting forbearance filed by AT&T Inc. and BellSouth Telecommunications, Inc., shall be deemed granted in the absence of a Commission decision. (Dkt No. 07-21). Action by: Chief, Wireline Competition Bureau. Adopted: 01/07/2008 by ORDER. (DA No. 08-37). WCB [11]DA-08-37A1.doc [12]DA-08-37A1.pdf [13]DA-08-37A1.txt WALTER IWACHIW RE: WORLD NETWORK INTERNATIONAL SERVICES, INC. -- REQUEST FOR WAIVER OF SECTIONS 1.2106 AND 1.2109(C) OF THE COMMISSION'S RULES. Denied the Petition. Denied the request for a waiver of the upfront payment requirement and the default payment rule. Action by: Chief, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau by LETTER. (DA No. 08-40). WTB [14]DA-08-40A1.doc [15]DA-08-40A1.pdf [16]DA-08-40A1.txt References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279323A2.txt 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279323A1.pdf 3. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279322A2.txt 4. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279322A1.pdf 5. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-43A1.doc 6. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-43A1.pdf 7. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-43A1.txt
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2009/dd090723.html
  • COMMISSIONER. The Commission appoints Chairman Julius Genachowski to be Defense Commissioner. The Commission also appoints Commissioner Michael J. Copps to be Alternate Defense Commissioner for a term of one year from the date of adoption. Action by: the Commission. Adopted: 07/22/2009 by ORDER. (FCC No. 09-61). PSHSB [20]FCC-09-61A1.doc [21]FCC-09-61A1.pdf [22]FCC-09-61A1.txt HYE C. KIM. Denied the Request for Waiver of Section 1.2106(a) of the Commission's Rules for Auction 79 (FM Broadcast). Action by: Deputy Chief, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau by LETTER. (DA No. 09-1578). WTB [23]DA-09-1578A1.doc [24]DA-09-1578A1.pdf [25]DA-09-1578A1.txt * * * * * ADDENDA: THE FOLLOWING ITEMS, RELEASED JULY 22, 2009, DID NOT APPEAR IN DIGEST NO. 145: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: 07/22/2009. AUCTION OF
• http://www.fcc.gov/DiversityFAC/041004/RichardDeanHodson.pdf
  • year until the eighth year, when the obligation would be paid in full. Similar procedures can be adopted for other services that are under the Commission=s jurisdiction. Regarding default criteria guidelines,13 Hodson agrees with current applicant certification and Aformer defaulter@ statements, but must directly differ on the 150% down payment as a blanket requirement for all former defaulters, as Section 1.2106(a) of the Commission=s Rules currently instructs. Instead, if the required disclosure reflects that a previous defaulter has cured outstanding infractions and has remained debt free for at least a decade,14 then that bidder would just pay the standard fare in lieu of the higher upfront payment. Speaking of upfront payments, the Commission should both encourage baseline participation from any qualified
• http://www.fcc.gov/eb/Orders/2003/DA-03-2722A1.html
  • Inc., dated November 25, 2002. A listing of the communications-related entities in which Northeast holds an interest, based upon the entities named in the FCC Form 602 and the Commission's licensing records, is provided as Attachment A. 31 See Northeast FCC Form 175, Ex. B. 32 Id. 33 See May 24 Status Public Notice at 2; see also 47 C.F.R. 1.2106. 34 See June 7 Qualified Bidders Public Notice, Attachment A at 6. 35 Northeast Response at A6. 36 See June 7 Qualified Bidders Public Notice, Attachment A. 37 See Auction No, 44-Revised Schedule, License Inventory, and Procedures, Public Notice, DA 02-1491 at 1(WTB rel. June 26, 2002). 38 See Northeast Response at A4. Mr. Schneider left the employ of Northeast
• http://www.fcc.gov/eb/Orders/2003/DA-03-2723A1.html
  • Inc., dated November 25, 2002. A listing of the communications-related entities in which Northeast holds an interest, based upon the entities named in the FCC Form 602 and the Commission's licensing records, is provided as Attachment A. 31 See Northeast FCC Form 175, Ex. B. 32 Id. 33 See May 24 Status Public Notice at 2; see also 47 C.F.R. 1.2106. 34 See June 7 Qualified Bidders Public Notice, Attachment A at 6. 35 Northeast Response at A6. 36 See June 7 Qualified Bidders Public Notice, Attachment A. 37 See Auction No, 44-Revised Schedule, License Inventory, and Procedures, Public Notice, DA 02-1491 at 1(WTB rel. June 26, 2002). 38 See Northeast Response at A4. Mr. Schneider left the employ of Northeast
• http://www.fcc.gov/eb/Orders/2007/FCC-07-80A1.html
  • longer remained an applicant in the auction. Although the Commission's rules state that an applicant that does not submit the auction's minimum upfront payment "will be ineligible to bid" and the applicant's application "will be dismissed," that language does not circumscribe the definition of applicant for purposes of the anti-collusion rule contained in section 1.2105. Moreover, the language of section 1.2106(c) indicates future, not immediate or automatic, action. Because the dismissal requires future action by the Commission, the rule is not self-effectuating. Similarly, the dismissal provisions of sections 24.203(b) and (c) of the Commission's rules, upon which Star and Northeast rely, are not self-effectuating because the termination provisions are not solely contained in the rule. Instead, sections 1.946(c) and 1.955(a)(2) of
• http://www.fcc.gov/fcc-bin/audio/DA-07-3517A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-3517A1.pdf
  • on FM broadcast construction permit FM269 for which it was the high bidder in Auction No. 37, its long-form application is dismissed, and it is subject to the applicable default payment. Pursuant to Section 1.2104(g)(2) of the Rules, College owes an interim default payment of $10,800, which is three-percent (3%) of its net winning bid of $360,000. Pursuant to Section 1.2106(e) of the Rules, we will apply College's payment on deposit to satisfy this interim default payment obligation. Once a subsequent high bid is established for the relevant spectrum, we will determine College's final default payment obligation. If an additional payment is required, a further order will assess such payment. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to Sections 4(i)
• http://www.fcc.gov/fcc-bin/audio/DA-08-1915A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1915A1.pdf
  • amounting to between three and twenty percent of the net winning bid. The remainder, if any, is assessed once a subsequent winning bid for the defaulted permit is established. Pursuant to Section 1.2104(g)(2) of the rules, Walton Stations owes an interim default payment totaling $18,120.00, which is three-percent (3%) of its total net winning bid of $604,000.00. Pursuant to Section 1.2106(e) of the Rules, we will apply Walton Stations' payments on deposit to satisfy this interim default payment obligation. Once a subsequent high bid is established for the relevant spectrum, we will determine Walton Stations' final default payment obligation. If an additional payment is required, a further order will assess such payment. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to
• http://www.fcc.gov/fcc-bin/audio/DA-08-323A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-323A1.pdf
  • payment amounting to between three and twenty percent of the net winning bid. The remainder, if any, is assessed once a subsequent winning bid for the defaulted permit is established. Pursuant to Section 1.2104(g)(2) of the Rules, you owe an interim default payment totaling $7,254.00, which is three-percent (3%) of your total net winning bid of $241,800.00. Pursuant to Section 1.2106(e) of the Rules, we will apply your payments on deposit to satisfy the interim default payment obligation. Once a subsequent high bid is established for the relevant spectrum, we will determine your final default payment obligation. If an additional payment is required, a further order will assess such payment. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to Sections 4(i)
• http://www.fcc.gov/fcc-bin/audio/DA-08-324A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-324A1.pdf
  • interim payment amounting to between three and twenty percent of the net winning bid. The remainder, if any, is assessed once a subsequent winning bid for the defaulted permit is established. Pursuant to Section 1.2104(g)(2) of the Rules, you owe interim default payments totaling $9,496.50, which is three-percent (3%) of your total net winning bids of $316,550.00. Pursuant to Section 1.2106(e) of the Rules, we will apply your payments on deposit to satisfy the interim default payment obligations. Once subsequent high bids are established for the relevant spectrum, we will determine your final default payment obligations. If additional payments are required, a further order will assess such payment. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309
• http://www.fcc.gov/fcc-bin/audio/DA-09-1578A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-1578A1.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 09-1578 Ms. Hye C. Kim 16 Radio Road Dahlonega, GA 30533 Re: Hye C. Kim - Request for Waiver of Section 1.2106(a) of the Commission's Rules for Auction 79 (FM Broadcast) Dear Ms. Kim: The Commission has received your application (FCC Form 175) to participate in the Commission's upcoming auction of FM broadcast permits (Auction 79). In this letter, we address your request for waiver of the requirement in Section 1.2106(a) of the Commission's rules that an applicant that has previously been
• http://www.fcc.gov/fcc-bin/audio/DA-10-1270A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-1270A1.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � � � � � ' � � � � July 8, 2010 DA 10-1270 Mr. Lee G. Petro Fletcher, Heald & Hildreth, PLC 11th Floor 1300 North 17th Street Arlington, VA 22209 Re: Four Corners Broadcasting, LLC - Request for Waiver of Section 1.2106(a), Closed Broadcast Auction 88 Dear Mr. Petro: This letter denies the request of Four Corners Broadcasting, LLC (Four Corners) submitted on June 28, 2010, for a waiver of the upfront payment deadline for the upcoming closed auction of broadcast construction permits (Auction 88). Four Corners, an applicant for an FM radio station construction permit in Durango, Colorado, timely filed a
• http://www.fcc.gov/fcc-bin/audio/DA-11-1845A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1845A1.pdf
  • prosecution. Applicants are encouraged to review the Bureaus' previous guidance on default and delinquency disclosure requirements in the context of the short-form application process. For example, it has been determined that, to the extent that Commission rules permit late payment of regulatory or application fees accompanied by late fees, such debts will become delinquent for purposes of sections 1.2105(a) and 1.2106(a) only after the expiration of a final payment deadline. Therefore, with respect to regulatory or application fees, the provisions of sections 1.2105(a) and 1.2106(a) regarding default and delinquency in connection with competitive bidding are limited to circumstances in which the relevant party has not complied with a final Commission payment deadline. Parties are also encouraged to consult with the Wireless
• http://www.fcc.gov/fcc-bin/audio/DA-12-148A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-148A1.pdf
  • 2012; Notice and Filing Requirements, Minimum Opening Bids, Upfront 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). See section I.B., below; see also 47 C.F.R. � 1.2106 (upfront payment rule). 47 C.F.R. �� 1.65, 1.2105(c). Sections 1.65(a) and 1.2105(c) of the Commission's rules require each applicant in competitive bidding proceedings to furnish additional or corrected information within five days of a significant occurrence, or to amend its short-form application no more than five days after the applicant becomes aware of the need for amendment. See Procedural Amendments
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  • IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and section 1.2104(g)(1) of the Commission's rules, 47 C.F.R. � 1.2104(g)(1), Sheila Callahan and Friends, Inc. is ASSESSED a final bid withdrawal payment as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to sections 1.2104 and 1.2106 of the Commission's rules, 47 C.F.R. �� 1.2104 and 1.2106, Sheila Callahan and Friends, Inc.'s interim bid withdrawal payment or funds on deposit will be applied towards the sum of the final bid withdrawal payment. IT IS FURTHER ORDERED that Sheila Callahan and Friends, Inc.'s debt of $47,340.00 is payable in full and without further demand, and it must be
• http://www.fcc.gov/fcc-bin/audio/DA-12-965A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-965A1.pdf
  • IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act of 1934 as amended, 47 U.S.C. �� 154(i), 309, and section 1.2104(g)(2) of the Commission's rules, 47 C.F.R. � 1.2104(g)(2), Kankakee Valley Broadcasting Company, Inc. is ASSESSED a final default payment obligation as computed in Attachment A. IT IS FURTHER ORDERED that, pursuant to sections 1.2104 and 1.2106 of the Commission's rules, 47 C.F.R. �� 1.2104 and 1.2106, Kankakee Valley Broadcasting Company, Inc.'s interim payment or funds on deposit will be applied towards the final default payment. IT IS FURTHER ORDERED that Kankakee Valley Broadcasting Company, Inc.'s debt of $89,200.00 is payable in full and without further demand, and it must be paid within 30 days of the
• http://www.fcc.gov/fcc-bin/audio/DA-12-967A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-967A1.pdf
  • Notice and Filing Requirements, Minimum Opening Bids, Reserve Prices, Upfront Payments, and Other Procedures for Auctions 73 and 76, Public Notice, 22 FCC Rcd 18,141, 18,211 �� 267-68 (2007). See also Implementation of Section 309(j) of the Communications Act-Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5563 n. 51 (1994). See 47 C.F.R. � 1.2106(d) and (e). See 47 C.F.R. � 1.2104(g)(1). Id. Id. See Entertainment Unlimited, Inc., Request for Refund of Late Payment Fees for PCS Licenses Purchased in Auction 22, Memorandum Opinion and Order, 16 FCC Rcd 10,030 (2001) (noting that the Commission does not accept instructions regarding the refund of excess upfront payments from entities or individuals other than the payor of
• http://www.fcc.gov/fcc-bin/audio/FCC-11-190A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-11-190A1.pdf
  • Order, 13 FCC Rcd 15920, 15974, 15979-80 (1998) (``Broadcast First Report and Order'') (applications specifying the same vacant FM allotment are mutually exclusive; mutually exclusive applicants identified by public notice are required to submit the full amount of their upfront payment to the Commission's lock-box bank by the date specified in the public notice, in accordance with 47 C.F.R. � 1.2106), on recon., Memorandum Opinion and Order, 14 FCC Rcd 8724 (1999), on further recon., Memorandum Opinion and Order, 14 FCC Rcd 14521 (1999). See also, e.g., 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, Public Notice, 25 FCC Rcd 16787, 16790 (MB/WTB
• http://www.fcc.gov/mb/audio/ssi/audio_pub.htm
  • for not timely filing the renewal of license application. July 9, 2010 Texas Southern University, re renewal of license for KTSU (FM), Houston, TX, Forfeiture Order, DA 10-1281, released July 13, 2010. [ [434]PDF | [435]Word ]. $7,000 forfeiture for not timely filing the renewal of license application. July 8, 2010 Four Corners Broadcasting, LLC, request for waiver of Section 1.2106(a) in Closed Auction No. 88, Letter, DA 10-1270, released July 8, 2010. [ [436]PDF | [437]Word ]. Denied the request for waiver of the upfront payment deadline for the upcoming auction of broadcast construction permits in Auction No. 88. July 8, 2010 Christian Action Team, Inc., re renewal of license for KJLG (FM), Emporia, KS, Letter, Forfeiture Order, DA 10-1273,
• http://www.fcc.gov/ogc/documents/opinions/2000/99-11294.html
  • bidders were required to deposit "qualifying amounts" in order to participate in the auction. See 47 C.F.R. 24.711(a)(1) (1995) ("Each eligible bidder for licenses on frequency Block C subject to auction shall pay an upfront payment of $0.015 per MHz per pop for the maximum number of licenses (in terms of MHz-pops) on which it intends to bid pursuant to 1.2106 of this chapter and procedures specified by Public Notice."). [42]^3 The C-block auction resulted in the awarding of 493 C-block licenses to approximately 90 designated entities for a total bid amount of approximately $10.2 billion. [43]^4 47 C.F.R. 24.707 states as follows: "Each winning bidder will be required to submit a long-form application on FCC Form 600, as modified, within
• http://www.fcc.gov/ogc/documents/opinions/2004/03-1295-111004.pdf
  • Application of Abundant Life, 17 FCC Rcd 4006, 4008 (2002). 3 At several stages in the auction process participants are required to make payments to ensure their continued finan- cial capability and sincerity. Before bidders may participate, they must submit an upfront payment to be held on deposit with the FCC until the end of the auction. 47 C.F.R. � 1.2106; 47 U.S.C. � 309(j)(8)(C); Implementation at 15,- 951. Within ten days of being notified that it is the high bidder, the auction winner must deposit a 20% down payment to prove that it is still financially capable of building a station. 47 C.F.R. at � 1.2107(b); Implementation at 15,983. The final payment deadline is set by Public Notice once the