Sec. 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 transfer in U.S. dollars 
from a financial institution whose deposits are insured by the Federal 
Deposit Insurance Corporation and must be made payable to the Federal 
Communications Commission.
    (c) If an upfront payment is not in compliance with the Commission's 
Rules, or if insufficient funds are tendered to constitute a valid 
upfront payment, the applicant shall have a limited opportunity to 
correct its submission to bring it up to the minimum valid upfront 
payment prior to 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.
    (d) The upfront payment(s) of a bidder will be credited toward any 
down payment required for licenses on which the bidder is the high 
bidder. Where the upfront payment amount exceeds the required deposit of 
a winning bidder, the Commission may refund the excess amount after 
determining that no bid withdrawal penalties are owed by that bidder.
    (e) In accordance with the provisions of paragraph (d), in the event 
a penalty is assessed pursuant to Sec. 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 penalty 
before being applied toward any additional payment obligations that the 
high bidder may have.
[ 59 FR 44293 , Aug. 26, 1994, as amended at  62 FR 13543 , Mar. 21, 1997]