Sec. 100.79  Prohibition of collusion.

    (a) Bidders are required to identify on their short-form 
applications any parties with whom they have entered into any consortium 
arrangements, joint ventures, partnerships or other agreements or 
understandings which relate in any way to the competitive bidding 
process. Bidders are also required to certify on their short-form 
applications that they have not entered into any explicit or implicit 
agreements, arrangements or understandings of any kind with any parties, 
other than those identified, regarding the amount of their bid, bidding 
strategies or the particular properties on which they will or will not 
bid.
    (b)(1) Except as provided in paragraphs (b)(2), (b)(3) and (b)(4) of 
this section, after the filing of short-form applications, all 
applicants are prohibited from cooperating, collaborating, discussing or 
disclosing in any manner the substance of their bids or bidding 
strategies, or discussing or negotiating settlement agreements, with 
other applicants until after the high bidder submits its downpayment, 
unless such applicants are members of a bidding consortium or other 
joint bidding arrangement identified on the bidder's short-form 
application.
    (2) Applicants may modify their short-form applications to reflect 
formation of consortia or changes in ownership at any time before or 
during an auction, provided that such changes do not result in a change 
in control of the applicant, and provided that the parties forming 
consortia or entering into ownership agreements have not applied for 
construction permits that may be used to serve the same or overlapping 
geographic areas. Such changes will not be considered major 
modifications of the application.
    (3) After the filing of short-form applications, applicants may make 
agreements to bid jointly for construction permits, provided that the 
parties to the agreement have not applied for construction permits that 
may be used to serve the same or overlapping geographic areas.
    (4) After the filing of short-form applications, a holder of a non-
controlling attributable interest in an entity submitting a short-form 
application may acquire an ownership interest in, form a consortium 
with, or enter into a joint bidding arrangement with, other applicants 
for construction permits that may be used to serve the same or 
overlapping geographic areas, provided that:
    (i) The attributable interest holder certifies to the Commission 
that it has not communicated and will not communicate with any party 
concerning the bids or bidding strategies of more than one of the 
applicants in which it holds an attributable interest, or with which it 
has a consortium or joint bidding arrangement, and which have applied 
for construction permits that may be used to serve the same or 
overlapping geographic areas; and
    (ii) The arrangements do not result in any change in control of an 
applicant.
    (5) Applicants must modify their short-form applications to reflect 
any changes in ownership or in the membership of consortia or joint 
bidding arrangements.
    (c) Winning bidders are required to submit a detailed explanation of 
the terms and conditions and parties involved in any bidding consortia, 
joint venture, partnership or other agreement or arrangement they have 
entered into relating to the competitive bidding process prior to the 
close of bidding. Such arrangements must have been entered into prior to 
the filing of short-form applications pursuant to paragraphs (a) and (b) 
of this section.