Sec. 100.74  Withdrawal, default and disqualification payments.

    (a) When the Commission conducts a sequential multiple round 
electronic auction or simultaneous multiple round auction pursuant to 
Sec. 100.72, the Wireless Telecommunications Bureau will impose payments 
on a bidder who withdraws a high bid during the course of the auction, 
who defaults on payments due, or who is disqualified.
    (b) A bidder who withdraws a high bid during the course of such an 
auction will be assessed a payment equal to the difference between the 
amount bid and the amount of the winning bid the next time the 
construction permit is offered for auction by the Commission. No 
withdrawal payment will be assessed if the subsequent winning bid 
exceeds the withdrawn bid. This payment amount will be deducted from

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any upfront payments or down payments that the withdrawing bidder has 
deposited with the Commission.
    (c) If a high bidder defaults or is disqualified after the close of 
such an auction, the defaulting bidder will be subject to the payment in 
paragraph (b) of this section plus an additional payment equal to three 
(3) percent of the subsequent winning bid. If the subsequent winning bid 
exceeds the defaulting bidder's bid amount, the 3 percent payment will 
be calculated based on the defaulting bidder's bid amount. These amounts 
will be deducted from any upfront payments or down payments that the 
defaulting or disqualified bidder has deposited with the Commission.
    (d) When the Commission conducts a sequential multiple round 
electronic auction, the Wireless Telecommunications Bureau will bar a 
bidder who withdraws a bid from continued participation in the auction 
of the withdrawn construction permit. When the Commission conducts any 
other type of auction, the Wireless Telecommunications Bureau may bar a 
bidder who withdraws a bid from continued participation in the bidding 
for the same construction permit or other construction permits offered 
in the same auction.
    (e) When the Commission conducts any type of auction other than 
those provided for in paragraphs (a), (b), (c), and (d) of this section, 
the Wireless Telecommunications Bureau may modify the payments to be 
paid in the event of bid withdrawal, default or disqualification; 
provided, however, that such payments shall not exceed the payments 
specified above.