Sec. 1.2107 Submission of down payment and filing of long-form
applications.
(a) After bidding has ended, the Commission will identify and notify
the high bidder and declare the bidding closed.
(b) Within ten (10) business days after being notified that it is a
high bidder on a particular license(s), a high bidder must submit to the
Commission's lockbox bank such additional funds (the ``down payment'')
as are necessary to bring its total deposits (not including upfront
payments applied to satisfy penalties) up to twenty (20) percent of its
high bid(s). (In single round sealed bid auctions conducted under
Sec. 1.2103, however, bidders may be required to submit their down
payments with their bids.) This down payment must be made by wire
transfer in U.S. dollars from a financial institution whose deposits are
insured by the Federal Deposit Insurance Corporation and must be made
payable to the Federal Communications Commission. Winning bidders who
are qualified designated entities eligible for installment payments
under Sec. 1.2110(d) are only required to bring their total deposits up
to ten (10) percent of their winning bid(s). Such designated entities
must pay the remainder of the twenty (20) percent down payment within
ten (10) business days of grant of their application. See Sec. 1.2110(e)
(1) and (2). Down payments will be held by the Commission until the high
bidder has been awarded the license and has paid the remaining balance
due on the license or authorization, in which case it will not be
returned, or until the winning bidder is found unqualified to be a
licensee or has defaulted, in which case it will be returned, less
applicable payments. No interest on any down payment will be paid to the
bidders.
[[Page 304]]
(c) A high bidder that meets its down payment obligations in a
timely manner must, within ten (10) business days after being notified
that it is a high bidder, submit an additional application (the ``long-
form application'') pursuant to the rules governing the service in which
the applicant is the high bidder (unless it has already submitted such
an application, as contemplated by Sec. 1.2105(a)(1)(b). Notwithstanding
any other provision in title 47 of the Code of Federal Regulations to
the contrary, high bidders need not submit an additional application
filing fee with their long-form applications. Specific procedures for
filing electronically and manually filed applications will be set out by
Public Notice. While Form 600 may be filed either electronically or
manually, beginning January 1, 1998, all applications must be filed
electronically. Those applicants who file applications manually must
also include a copy of all attachments and any other supporting
documents on a 3.5 inch diskette in separate ASCII text (.TXT) file
formats. An applicant that fails to submit the required long-form
application under this paragraph and fails to establish good cause for
any late-filed submission, shall be deemed to have defaulted and will be
subject to the payments set forth in Sec. 1.2104.
(d) As an exhibit to its long-form application, the applicant must
provide a detailed explanation of the terms and conditions and parties
involved in any bidding consortia, joint venture, partnership or other
agreement or arrangement it had entered into relating to the competitive
bidding process prior to the time bidding was completed. Such agreements
must have been entered into prior to the filing of short-form
applications pursuant to Sec. 1.2105.
[59 1997 FR 44293 , Aug. 26, 1994, as amended at 61 FR 49075 , Sept. 18, 1996;
62 FR 13543 , Mar. 21, 1997]
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