Goto Section: 1.2103 | 1.2105 | Table of Contents
FCC 1.2104
Revised as of
Goto Year:1996 |
1998
Sec. 1.2104 Competitive bidding mechanisms.
(a) Sequencing. The Commission will establish the sequence in which
multiple licenses will be auctioned.
(b) Grouping. In the event the Commission uses either a simultaneous
multiple round competitive bidding design or combinatorial bidding, the
Commission will determine which licenses will be auctioned
simultaneously or in combination.
(c) Reservation Price. The Commission may establish a reservation
price, either disclosed or undisclosed, below which a license subject to
auction will not be awarded.
(d) Minimum Bid Increments. The Commission may, by announcement
before or during an auction, require minimum bid increments in dollar or
percentage terms. The Commission may also establish suggested minimum
opening bids on a service-specific basis.
(e) Stopping Rules. The Commission may establish stopping rules
before or during multiple round auctions in order to terminate the
auctions within a reasonable time.
(f) Activity Rules. The Commission may establish activity rules
which require a minimum amount of bidding activity.
(g) Withdrawal, Default and Disqualification Penalties. As specified
below, when the Commission conducts a simultaneous multiple round
auction pursuant to Sec. 1.2103, the Commission will impose penalties on
bidders who withdraw high bids during the course of an auction, or who
default on payments due after an auction closes or who are disqualified.
(1) Bid withdrawal prior to close of auction. A bidder who withdraws
a high bid during the course of an auction will be subject to a penalty
equal to the difference between the amount bid and the amount of the
winning bid the next time the license is offered by the Commission. No
withdrawal penalty would be assessed if the subsequent winning bid
exceeds the withdrawn bid. This penalty amount will be deducted from any
upfront payments or down payments that the withdrawing bidder has
deposited with the Commission.
(2) Default or disqualification after close of auction. If a high
bidder defaults or is disqualified after the close of such an auction,
the defaulting bidder will be subject to the penalty in paragraph (g)(1)
plus an additional penalty equal to 3 percent of the subsequent winning
bid. If the subsequent winning bid exceeds the defaulting bidder's bid
amount, the 3 percent penalty 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. When the Commission 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 concerning the
identities of bidders before each auction but may choose, on an auction-
by-auction basis, to withhold the identity of the bidders associated
with bidder identification numbers.
(i) The Commission may delay, suspend, or cancel an auction in the
event of a natural disaster, technical obstacle, evidence of security
breach, unlawful bidding activity, administrative necessity, or for any
other reason that affects the fair and efficient conduct of the
competitive bidding. The Commission also has the authority, at its sole
discretion, to resume the competitive bidding starting from the
beginning of
[[Page 301]]
the current or some previous round or cancel the competitive bidding in
its entirety.
Goto Section: 1.2103 | 1.2105
Goto Year: 1996 |
1998
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