FCC Web Documents citing 1.2107
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- Phythyon, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, dated January 6, 1998. See Small Business Administration Tabulation File, SBA Size Standards Table 2C, January 23, 1996, SBA, Standard Industrial Code (SIC) categories 8050 (Nursing and Personal Care Facilities) and 8060 (Hospitals). (SBA Tabulation File). 47 C.F.R. 1.2105. 47 C.F.R. 1.913(a)(1). 47 C.F.R. 1.2107. 47 C.F.R. 1.1307. See, e.g., 47 C.F.R. 1.928 (regarding frequency coordination arrangements between the U.S. and Canada). 47 C.F.R. 1.924. We discuss FAS coordination in the section describing coordination with Government incumbents. See supra Section III.E.3. See 5 U.S.C. 603(c). See supra Section III.B.5 See supra Section III.A.3. (continued....) Federal Communications Commission FCC 02-15 Federal Communications
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- Census, Table 6 (special tabulation of data under contract to Office of Advocacy of the U.S. Small Business Administration). See 13 C.F.R. 121.201, NAICS Code 334220. See U.S. Department of Commerce, 1992 Census of Transportation, Communications and Utilities (issued May 1995), NAICS category 334220. See para. 91. 47 C.F.R. 2.901, 2.1093. 47 C.F.R. 1.913(a)(1). 47 C.F.R. 1.2107. 47 C.F.R. 1.1307. See e.g., 47 C.F.R. 1.928 (regarding frequency coordination arrangements between the U.S. and Canada). Currently, these special small business size standards are being coordinated with the U.S. Small Business Administration. (continued....) Federal Communications Commission FCC 02-180 Federal Communications Commission oet-02xxx Federal Communications Commission FCC 02-180 Federal Communications Commission FCC 02-180 Federal Communications Commission FCC 02-XX
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- entities for 1997, which was 1,089. U.S. Census Bureau, 1997 Economic Census, Industry Series: Manufacturing, "Industry Statistics by Employment Size," Table 4, NAICS code 334220 (issued Aug. 1999). Id. Table 5, "Industry Statistics by Industry and Primary Product Class Specialization: 1997." See 47 C.F.R. 1.913(a)(1). See 47 C.F.R. 1.2105. See 47 C.F.R. 1.913(a)(1). See 47 C.F.R. 1.2107. 47 C.F.R. 1.1307. See, e.g., 47 C.F.R. 1.928 (regarding frequency coordination arrangements between the U.S. and Canada). 47 C.F.R. 1.924. FAS coordination is required for DSRCS stations within 75 kilometers of certain government radar locations listed in 47 C.F.R. 90.371(b). See 5 U.S.C. 603(c). . As proposed by ITS America. See Second Proposed Band Plan at
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- 309(j). For these pre-auction licenses, the applicable standard is SBA's small business size standard for "other telecommunications" (annual receipts of $11 million or less)). See 13 C.F.R. 121.201, NAICS code 513220. 13 C.F.R. 121.201. See 5 U.S.C. 601 (3)-(5). See 13 C.F.R. 121.210 (SIC 4833, 4841, and 4899). supra. 47 C.F.R. 1.913(a)(1). 47 C.F.R. 1.2107. 47 C.F.R. 1.1307. See e.g., 47 C.F.R. 1.928 (regarding frequency coordination arrangements between the U.S. and Canada). , supra. See 5 U.S.C. 603(c). See supra para. 234. Coalition Proposal at 14. The Coalition states that ``high-power, high-site one-way operations tend to cause two types of problems. First, high-power, high-site one-way operations tend to cause interference to co-channel
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- to or less than eighty-five (85) percent based on the most recently available U.S. Census Data.'' 47 C.F.R. 1.2110(f)(3)(i). Not all Commission auctions include licenses covering qualifying tribal lands. See, e.g., ``Auction of Lower 700 MHz Band Licenses Scheduled for July 20, 2005,'' Public Notice, DA 05-737, at 13 (rel. Mar. 22, 2005). 47 C.F.R. 1.2110(f)(3)(iii)-(iv). Id. 1.2107(e). The Commission requires that winning bidders intending to apply for tribal land bidding credits do so by the filing deadline for long-form applications and does not permit applicants to amend their applications after the filing deadline to indicate their intention to seek a credit. See, e.g., ``Broadband PCS Spectrum Auction Closes; Winning Bidders Announced for Auction No. 58,'' Public Notice,
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- Private Partnership License, including the practices and procedures listed in Part 1 of our rules. For example, the down payment requirement, the obligation of the winning bidder for the D Block license to file a ``long form'' license application, and the consequences of a default prior to grant of the license will be in accordance with Sections 1.2104, 1.2105, 1.2106, 1.2107, and 1.2109 of the Commission's rules. If the long form application is denied, the procedures under Section 1.2109 of the Commission's rules will generally apply. We note that we may complete review of the long form application and deny the application without regard to the NSA, if the application is deficient or the grant of the license would otherwise be
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- applicable default payments. See 47 C.F.R. 22.207, 22.215(a), 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as proscribed by sections 22.207, 22.215(a), 1.2104(g), and 1.2109(c) of the Commission's rules. See 47 C.F.R. 22.207, 22.215(a), 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received Mellon Bank by 6:00 p.m. Eastern Time, on May 19, 2000 (or 6:00 p.m. Eastern Time, June 5, 2000, along with the five percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and for the
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- winning bidders in Auction No. 30 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids, if applicable. If a bidder's upfront payment is not sufficient to meet both of these requirements, the bidder must deposit additional funds. See 47 C.F.R. 1.2107(b), 1.2104(g). The amount now due from each bidder, if any, is set out in the last column of Attachment B. Note that a payment and FCC Form 159 are necessary only if a bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each bidder's down payment must be
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- bidder's construction permit. Pending applications which are subject to further review are not listed in Attachment A. Disposition of the Auction 25 construction permit applications not listed in Attachment A will be announced in subsequent public notices or orders. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Standard Time, on June 1, 2000 (or 6:00 p.m. Eastern Standard Time, June 15, 2000, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated
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- listing withdrawn bid payments due. Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. 1.2104(g), as discussed in "Bid Removal and Bid Withdrawal," Part IV.B.6. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) Long-Form Application Within ten business days after release of the auction closing notice,
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- listing withdrawn bid payments due. Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. 1.2104(g), as discussed in "Bid Removal and Bid Withdrawal," Part IV.B.6. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) Long-Form Application Within ten business days after release of the auction closing notice,
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- Metro- Trak's application for Market BEA107C on public notice as ready for grant. Issuance of License Following the timely payment of the balance of Metro-Irak's winning bid amount, the Commission will issue the multilateration LMS license for BEA107C to Metro-Irak. Payment Instructions Payment must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payment must be received by 6:00 p.m. Eastern Time, June 12,2000 (or 6:00 p.m. Eastern Time, June 26,2000, along with the five percent late fee). Metro-Trak should allow sufficient time for the wire transfer to be initiated and for the transmission to be completed prior
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- construction permit. Within ten business days after release of the auction closing public notice, the winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the United States Government to 20 percent of its net winning bid (actual bid less any applicable bidding credit). See 47 C.F.R. 1.2107(b). Long-Form Application Within ten business days after release of the auction closing public notice, the winning bidder must electronically submit a properly completed long-form application and required exhibits for the construction permit won through the auction. If the winning bidder is claiming new entrant status it must include an exhibit demonstrating their eligibility for the bidding credit. See 47 C.F.R.
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- Docket No. 93-253, Second Report and Order, 9 FCC Rcd. 2348 (1994) (Competitive Bidding Second Report and Order). See Public Notice, Announcing High Bidders for 594 Interactive Video and Data Services (IVDS) Licenses, Mimeo No. 44160 (rel. Aug. 2, 1994), erratum, Public Notice, Mimeo No. 44265 (rel. Aug. 9, 1994). Id. 47 C.F.R. 1.2110(e), 95.816(d)(2)(1994). 47 C.F.R. 95.816(c)(4), 1.2107(b), and 1.2110(e)(2)(1994). Id. See Public Notice, Announcing High Bidders for 594 Interactive Video and Data Services (IVDS) Licenses, Mimeo No. 44160 (rel. Aug. 2, 1994), erratum, Public Notice, Mimeo No. 44265 (rel. Aug. 9, 1994). Id; see 47 C.F.R. 1.2107(b)(1994). See Public Notice, Interactive Video and Data Service (IVDS) Applications to be Granted February 28, 1995, DA 95-152 (rel.
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- applicable default payments. See 47 C.F.R. 22.207, 22.215(a), 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as proscribed by sections 22.207, 22.215(a), 1.2104(g), and 1.2109(c) of the Commission's rules. See 47 C.F.R. 22.207, 22.215(a), 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received Mellon Bank by 6:00 p.m. Eastern Time, on June 21, 2000 (or 6:00 p.m. Eastern Time, July 6, 2000, along with the five percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and for the
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- applicable default payments. See 47 C.F.R. 22.207, 22.215(a), 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as proscribed by sections 22.207, 22.215(a), 1.2104(g), and 1.2109(c) of the Commission's rules. See 47 C.F.R. 22.207, 22.215(a), 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received Mellon Bank by 6:00 p.m. Eastern Time, on June 21, 2000 (or 6:00 p.m. Eastern Time, July 6, 2000, along with the five percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and for the
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- payment of the winning bid amount(s). Individual facility authorizations will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction 28 will be dismissed following grant of the winning bidder's construction permit. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Standard Time, on June 29, 2000 (or 6:00 p.m. Eastern Standard Time, July 14, 2000, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated
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- withdrawn bid payments due. Within ten business days after release of the auction closing public notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. 1.2104(g), as discussed in "Bid Removal and Bid Withdrawal," Part IV.B.6. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) Long-Form Application Within ten business days after release of the auction closing public
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- this case by 6:00 p.m. ET on August 1, 2000, the winning bidder in Auction No. 80 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover the down payment on its winning bid. If the bidder's upfront payment is not sufficient to meet this requirement, the bidder must deposit additional funds. See 47 C.F.R. 1.2107(b), 1.2104(g). The amount now due from the bidder is set out in the last column of Attachment B. The bidder's down payment must be a total of twenty (20) percent of its net winning bid. Final payment. After the termination of the pleading cycle for petitions to deny (see 47 C.F.R. 73.5006), the Commission will issue a public notice
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- bidder's construction permit. Pending applications which are subject to further review are not listed in Attachment A. Disposition of the Auction 25 construction permit applications not listed in Attachment A will be announced in subsequent public notices or orders. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Standard Time, on August 1, 2000 (or 6:00 p.m. Eastern Standard Time, August 15, 2000, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated
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- Notice, DA 00-1100 (rel. May 18, 2000) ("Auction No. 34 Announcing Public Notice") for detailed remittance and upfront payment information. This and other documents are available on the FCC website at: http://www.fcc.gov/wtb/auctions. 6 "Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules," Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Red 9645 (1995). 7 See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 8 47 C.F.R. 1.2108. 13229 Mock Auction: All applicants found to be qualified bidders are eligible to participate in a mock electronic auction on Monday, August 14, 2000. In the Qualified Bidders Public Notice, the Bureau will announce when software for the mock auction will be posted on the World Wide Web. Remote Bidding Software: Applicants are reminded
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- FCC website at: http://www.fcc.gov/wtb/auctions. See Auction No. 26 Public Notice; ``Auction Notice for 2,499 Paging Upper Band Licenses Scheduled for February 24, 2000, Due Diligence Issues,'' Public Notice, DA 99-2988 (rel. December 23, 1999). ``Wireless Telecommunications Bureau clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. 1.202(d) note (1); See also ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). See 47 C.F.R. 1.2112(b). $ B PNG !R>^SS߿"Kker4 JdMOO ,I TV5
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- (1995). See Auction of Licenses for the 700 MHz Guard Bands, Scheduled for June 14, 2000, Auction Notice and Filing Requirements for 104 Licenses in the 700 MHz Guard Band, Minimum Opening Bids and Other Procedural Issues, Public Notice, DA 00-781, 15 FCC Rcd 6124 (rel. April 10, 2000) (``Auction No. 33 Announcing Public Notice''). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2108. See 47 C.F.R. 1.202(d) note (1); see also ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). See 47 C.F.R. 1.2112(b). $ B PNG !R>^SS߿"Kker4 JdMOO
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- Part 1 of the Commission's Rules -- Competitive Bidding Procedures, WT Docket No. 97-82, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997) (amending the Commission's Part 1 competitive bidding rules); see also 47 C.F.R. 1.2109(a) (as amended). See 47 C.F.R. 1.2109(a). See 47 C.F.R. 1.2104(g)(2) (as amended), 1.2109, 1.2107(b), 101.1105; see also Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, DA 96-481, Public Notice, 11 FCC Rcd 10853 (1996). See 47 C.F.R. 1.2104(g)(2). See 47 C.F.R. 1.2106(e). See 47 C.F.R. 1.2109(b). Copies of the FCC Form 159 may be obtained by calling the Commission's Forms Distribution Center at 1-800-418-3676 (outside Washington, D.C.) or 202-418-3676 (in
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- in Auction No. 34 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids, if applicable. If a winning bidder's upfront payment is not sufficient to meet both of these requirements, the winning bidder must deposit additional funds. See 47 C.F.R. 1.2107(b), 1.2104(g). The amount now due from each winning bidder, if any, is set out in the last column of Attachment B. Note that a payment and FCC Form 159 are necessary only if a winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down
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- See 47 C.F.R. 1.65. An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on September 20, 2000, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in 47 C.F.R. 1.2104. See 47 C.F.R. 1.2107(c). Number of Forms To Be Filed. Filers applying for multiple licenses are not required to submit a separate application for each market if all filing requirements associated with the application are identical except for the market designator and market name. Under these circumstances, applicants may submit one FCC Form 601 Main Form and Schedule B. Frivolous Pleadings. The Commission reminds
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- in Auction No. 33 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids, if applicable. If a winning bidder's upfront payment is not sufficient to meet both of these requirements, the winning bidder must deposit additional funds. See 47 C.F.R. 1.2107(b), 1.2104(g). The amount now due from each winning bidder, if any, is set out in the last column of Attachment B. Note that a payment and FCC Form 159 are necessary only if a winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down
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- Such payment shall be made within thirty (30) days of the third anniversary of the initial grant of its license. Failure to repay the tribal land bidding credit will result in automatic cancellation of the license. For further information, See the Commission's Report and Order and Further Notice of Proposed Rule Making, WT Docket NO. 99-266, 47 C.F. R. 1.2107(e) and 1.2110(e) and , Interested parties may also contact Davida Grant of the Commercial Wireless Division at 202-418-7050 or dgrant@fcc.gov. Extending Wireless Telecommunications Services to Tribal Lands, Report and Order and Further Notice of Proposed Rule Making, WT Docket No. 99-266, 15 FCC Rcd. 11,794 (rel. June 30, 2000). The ``Prepared to Grant Public Notice'' also lists those applications that
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- Part 1 of the Commission's Rules -- Competitive Bidding Procedures, WT Docket No. 97-82, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997) (amending the Commission's Part 1 competitive bidding rules); see also 47 C.F.R. 1.2109(a) (as amended). See 47 C.F.R. 1.2109(a). See 47 C.F.R. 1.2104(g)(2) (as amended), 1.2109, 1.2107(b), 101.1105; see also Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, DA 96-481, Public Notice, 11 FCC Rcd 10853 (1996). See 47 C.F.R. 1.2104(g)(2). See 47 C.F.R. 1.2106(e). See 47 C.F.R. 1.2109(b). Copies of the FCC Form 159 may be obtained by calling the Commission's Forms Distribution Center at 1-800-418-3676 (outside Washington, D.C.) or 202-418-3676 (in
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- Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable small and very small business bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. 1.2104(g), as discussed in ``Bid Removal and Bid Withdrawal,'' Part IV.B.6. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) Long-Form Application Within ten business days after release of the auction closing notice,
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- (regarding legal questions); Linda Sanderson, Auctions Operations (regarding bidding and general filing status) at (717) 338-2888. FCC - See 47 C.F.R. 1.2106. See 47 C.F.R. 1.65. Id. See 47 C.F.R. 1.2106. See ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). See 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2105(c), and 1.2109(d). See 47 C.F.R. 1.2106. See 47 C.F.R. 1.204; see also ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). See 47 C.F.R. 1.2112(b). D E $ B
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- bidder's construction permit. Pending applications which are subject to further review are not listed in Attachment A. Disposition of the Auction 25 construction permit applications not listed in Attachment A will be announced in subsequent public notices or orders. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Standard Time, on November 2, 2000 (or 6:00 p.m. Eastern Standard Time, November 17, 2000, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated
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- bidders for each license. Within ten business days after release of the auction closing public notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable bidding credits). See 47 C.F.R. 1.2107(b). Long-Form Application Within ten business days after release of the auction closing public notice, winning bidders must file: (1) FCC Form 601 and all required exhibits electronically via the Universal Licensing System (``ULS''); and (2) FCC Form 602 manually pursuant to Section 1.919 of the Commission's Rules. Winning bidders may file a single application for all markets won at auction.
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- applicable default payments. See 47 C.F.R. 90.905, 90.909(b), 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as prescribed by sections 90.905, 90.909(b), 1.2104(g), and 1.2109(c) of the Commission's rules. See 47 C.F.R. 90.905, 90.909(b), 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, December 4, 2000 (or 6:00 p.m. Eastern Time, December 18, 2000, along with the five percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and
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- and F Block Broadband PCS Spectrum Auction Scheduled for December 12, 2000; Auction Notice and Filing Requirements for 422 Licenses in the C and F Block Broadband PCS Spectrum Auction; Minimum Opening Bids and Other Procedures Issues For Final Auction Inventory, Public Notice, DA 00-2259 (rel. October 5, 2000) (``Auction No. 35 Procedures Public Notice''). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109 (d). See Qualcomm Incorporated Petition for Declaratory Ruling Giving Effect to the Mandate of the District of Columbia Circuit Court of Appeals, Order, FCC 00-189 (rel. June 8, 2000). 47 C.F.R. 1.1208. See 47 C.F.R. 1.1200(a) note (1); see also ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process
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- Status of FCC Form 175 Applications to Participate in the Auction,'' Public Notice, DA 00-2614 (released October 5, 2000) (``Auction No. 35 Status Public Notice''). ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). See Auction No. 35 Procedures Public Notice at 4-5. See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109 (d). See 47 C.F.R. 1.2112(b). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov # A K [ # A K [ v v 0 +D +D` +D`
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- in default and subject to the applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, December 20, 2000 (or 6:00 p.m. Eastern Time, January 5, 2000, along with the five-percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and for
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- Auction No. 36 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids, if applicable. If a winning bidder's upfront payment is not sufficient to meet both of these requirements, the winning bidder must deposit additional funds. See 47 C.F.R. 1.2104(g), 1.2107(b). The amount now due from each winning bidder, if any, is set out in the last column of Attachment B. Note that a payment and FCC Form 159 are necessary only if a winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down payment
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- 1.65. An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on December 21, 2000, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in section 1.2104(g) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Filers applying for multiple licenses are not required to submit a separate application for each market if all filing requirements associated with the application are identical except for the market designator and market name. Under these circumstances, applicants may submit one FCC Form 601 Main Form and Schedule B. Applicants seeking a tribal land
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- of the winning bid amount. The individual facility authorization will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction 27 will be dismissed following grant of the winning bidder's construction permit. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Standard Time, on December 27, 2000 (or 6:00 p.m. Eastern Standard Time, January 11, 2001, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated
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- bidder's construction permit. Pending applications which are subject to further review are not listed in Attachment A. Disposition of the Auction 25 construction permit applications not listed in Attachment A will be announced in subsequent public notices or orders. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Standard Time, on December 27, 2000 (or 6:00 p.m. Eastern Standard Time, January 11, 2001, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated
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- bid withdrawal payments due. Within ten business days after release of the auction closing public notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. 1.2104(g), as discussed in ``Bid Removal and Bid Withdrawal,'' Section IV.B.6. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) Long-Form Application Within ten business days after release of the auction closing public
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- Network's short-form (Form 175) application in SST10. See ``Supplemental Closed Broadcast Auction Public Notice,'' DA 99-2958 (rel. December 23, 1999). See ``Wireless Telecommunications Bureau clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). Section 73.5005(a) of the Commission's rules requires that post-auction filings include the exhibits required by 47 C.F.R. Section 1.2107(d) (concerning any bidding consortia, joint bidding arrangements or other agreements relating to the competitive bidding process); Section 1.2110(i) (concerning designated entity status, if applicable); and Section 1.2112(a) & (b) (concerning disclosure of ownership and real party in interest information.) See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. 1.1202(d) note (1); see also "Commission Announces that Mutually
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- winning bidders in Auction No. 26 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids, if applicable. If a bidder's upfront payment is not sufficient to meet both of these requirements, the bidder must deposit additional funds. See 47 C.F.R. 1.2107(b), 1.2104(g). The amount now due from each bidder, if any, is set out in the last column of Attachment B. Note that only if a bidder's upfront payment covers the required total of down payments and withdrawn bid payments (as reflected in Attachment B) is no payment or FCC Form 159 necessary at this time. Each bidder's down payment must
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- bidder's construction permit. Pending applications which are subject to further review are not listed in Attachment A. Disposition of the Auction 25 construction permit applications not listed in Attachment A will be announced in subsequent public notices or orders. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Standard Time, on March 24, 2000 (or 6:00 p.m. Eastern Standard Time, April 7, 2000, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated
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- Procedural Issues," Public Notice, DA 00-112 (rel. January 21, 2000) (``Auction No. 30 Public Notice'') for detailed remittance and upfront payment information. This and other documents are available on the FCC website at: http://www.fcc.gov/wtb/auctions. ``Wireless Telecommunications Bureau clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. 1.202(d) note (1); See also ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). See 47 C.F.R. 1.2112(b). $ B PNG !R>^SS߿"Kker4 JdMOO ,I TV5 0z̪ %o
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- 6:00 p.m. ET on April 10, 2000, winning bidders in the Supplemental Closed Broadcast Auction (Auction No. 28) must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required down payments on winning bids. If a bidder's upfront payment is not sufficient to meet this requirement; the bidder must deposit additional funds. See 47 C.F.R. 1.2107(b) and 73.5003(b). The amount now due from each bidder, if any, is set out in the last column of Attachment B. Note that only if a bidder's upfront payment covers the required total of down payments (as reflected in Attachment B) is no payment or FCC Form 159 necessary at this time. Each bidder's down payment must be a total
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- bidder's construction permit. Pending applications which are subject to further review are not listed in Attachment A. Disposition of the Auction 25 construction permit applications not listed in Attachment A will be announced in subsequent public notices or orders. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Standard Time, on April 20, 2000 (or 6:00 p.m. Eastern Standard Time, May 4, 2000, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated
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- bid withdrawal payments due. Within ten business days after release of the auction closing public notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. 1.2104(g), as discussed in ``Bid Removal and Bid Withdrawal,'' Part IV.B.6. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) In the 700 MHz Second Report and Order, in light of the statutory
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- rules. See 47 C.F.R. 1.2104(g), 1.2109(b), 90.1007. Issuance of Individual Licenses Following the timely payment of the balance of the applicant's winning bid amount(s), the Commission will issue individual multilateration LMS licenses for each market to the applicant. Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by 6:00 p.m. Eastern Time, May 18, 2000 (or 6:00 p.m. Eastern Time, June 2, 2000, along with the five percent late fee). The applicant should allow sufficient time for the wire transfer to be initiated and for the transmission to
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- and Monitoring Service Spectrum Auction Scheduled for June 6, 2001; Notice and Filing Requirements for 16 Licenses in the VHF Public Coast and 241 Licenses in the Location and Monitoring Service Auction; Minimum Opening Bids Upfront Payments and Other Procedural Issues, Public Notice, DA 01-746 (rel. March 26, 2001) (``Auction No. 39 Procedural Public Notice''). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. 1.2109 (d). See Qualcomm Incorporated Petition for Declaratory Ruling Giving Effect to the Mandate of the District of Columbia Circuit Court of Appeals, Order, FCC 00-189 (rel. June 8, 2000). See Letter from Kevin J. Kelley, Senior Vice President, Qualcomm, Inc., to Auctions Accounting Group, Federal Communications Commission (March 9, 2001). See Letter from James
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- payments due. Within ten business days after release of the auction closing public notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the United States Government to 20 percent of its net winning bid (actual bids less any applicable bidding credit). See 47 C.F.R. 1.2107(b) and 73.5003. In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. 1.2104(g), as discussed in ``Bid Removal and Bid Withdrawal,'' Part IV.B.6.supra. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) Long-Form Application Within thirty days following the release of the FM
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- Status of FCC Form 175 Applications to Participate in the Auction,'' Public Notice, DA 01-1177 (released May 11, 2001) (``Auction No. 39 Status Public Notice''). ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). See Auction No. 39 Procedural Public Notice at 4-5. See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. 1.2109 (d). See 47 C.F.R. 1.2112(b). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov - . u - - . u - v v v 0 +D CJ +D` PNG > !R>^SS߿"Kker4
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- Tribal Land Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a telephone service penetration rate equal to or below 70 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. 1.2107 and 1.2110(e). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal land bidding credit after winning the auction when it files its long-form application (FCC Form 601). In
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- Opinion and Order, FCC 01-129 (released May 29, 2001), will become effective upon release of the above-described Public Notice announcing the grant of a construction permit for a new FM broadcast station on Channel 243A at Biltmore Forest, North Carolina. PAYMENT INSTRUCTIONS Payment must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Time, on June 15, 2001 (or 6:00 p.m. Eastern Time, June 25, 2001, along with the five percent late fee). All applicants must allow sufficient time for the wire transfer to be initiated and
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- 11 FCC Rcd 9645 (1995). See Auction of Licenses for the 700 MHz Guard Bands Scheduled for February 13, 2001; Auction Notice and Filing Requirements for 8 Licenses in the 700 MHz Guard Bands; Minimum Opening Bids and Other Procedural Issues, Public Notice, DA 00-2571 (rel. November 14, 2000) (``Auction No. 38 Procedures Public Notice''). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109 (d). See Qualcomm Incorporated Petition for Declaratory Ruling Giving Effect to the Mandate of the District of Columbia Circuit Court of Appeals, Order, FCC 00-189 (rel. June 8, 2000). 47 C.F.R. 1.1208. See ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex
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- After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2107(b), 1.2109. Licenses will be granted only after the full and timely payment of winning bids and any applicable late fees, in accordance with Section 1.2109(a). See 47 C.F.R. 1.2109(a). Method of Payment. All payments must be in U.S. dollars and made in the form of a wire transfer. No personal checks, credit card payments, or other forms of payment will
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- 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on June 29, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses are not required to submit a separate application for each market if all filing requirements associated with the application are identical except for the market designator and market name. Under these circumstances, applicants may submit one FCC Form 601 (including all required schedules, attachments, and exhibits). Applicants seeking tribal
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- 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on June 29, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An Applicant seeking tribal lands bidding credits in one or more, but not all markets, however, is encouraged
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- bidder's construction permit. Pending applications which are subject to further review are not listed in Attachment A. Disposition of the Auction 25 construction permit applications not listed in Attachment A will be announced in subsequent public notices or orders. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Daylight Time, on July 3, 2001 (or 6:00 p.m. Eastern Daylight Time, July 18, 2001, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated
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- of the winning bid amount. A facility authorization will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction No. 25 will be dismissed following grant of the winning bidder's construction permit. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Time, on July 12, 2001 (or 6:00 p.m. Eastern Time, July 26, 2001, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated and for
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- considered in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, February 5, 2001 (or 6:00 p.m. Eastern Time, February 19, 2001, along with the five-percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and for
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- considered in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, February 5, 2001 (or 6:00 p.m. Eastern Time, February 19, 2001, along with the five-percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and for
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- of the winning bid amount. A facility authorization will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction No. 25 will be dismissed following grant of the winning bidder's construction permit. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Time, on July 18, 2001 (or 6:00 p.m. Eastern Time, August 1, 2001, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated and for
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- Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable small and very small business bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any bid withdrawal payments due under 47 C.F.R. 1.2104(g), as discussed in ``Bid Removal and Bid Withdrawal,'' Part IV.B.6. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) Long-Form Application Within ten business days after release of the auction closing notice,
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- until we re-auction the spectrum associated with the license upon which Citifone defaulted, we assess a deposit toward the default payment in the amount of three percent of the total amount of its defaulted bid. Accordingly, by this Order, we assess an initial default payment of $3,555.00, three percent of Citifone's $118,500.00 winning bid in the auction. Pursuant to section 1.2107(b) of the Commission's rules, we will apply Citifone's upfront payment to satisfy this initial default payment obligation. The remaining default payment will be assessed once a new bid price for the spectrum associated with the defaulted license is established in a subsequent auction. If an additional payment is required, a further order will assess such payment. Ordering Clauses ACCORDINGLY, IT
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- and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c), 24.708(b). Such applicants will be assessed default penalties as prescribed by sections 1.2104(g), 1.2109(c), and 24.708(b) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c), 24.708(b). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, August 10, 2001 (or 6:00 p.m. Eastern Time, August 24, 2001, along with the five-percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and for
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- Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable small and very small business bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any bid withdrawal payments due under 47 C.F.R. 1.2104(g), as discussed in ``Bid Removal and Bid Withdrawal,'' Part IV.B.6. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) Long-Form Application Within ten business days after release of the auction closing notice,
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit & b Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of TPS UTILICOM, INC. Request for Waiver of Sections 1.2109 and 1.2107 of the Commission's Rules Regarding BTA043, BTA127, BTA215, and BTA330 ) ) ) ) ) ) ) File Nos. 0000365277 0000365279 ORDER Adopted: July 30, 2001 Released: July 31, 2001 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. On February 23, 2001, TPS Utilicom, Inc. (TPS) filed a request for waiver of
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- final payment of the winning bid amounts. Facility authorizations will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction 25 will be dismissed following grant of the winning bidders' construction permits. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Standard Time, on February 9, 2001 (or 6:00 p.m. Eastern Standard Time, February 26, 2001, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated
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- Spectrum Auction Scheduled for October 3, 2001; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedural Issues, Public Notice, DA 01-1592 (rel. July 9, 2001), (``Auction No. 41 Procedures Public Notice''). ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109 (d). See Qualcomm Incorporated Petition for Declaratory Ruling Giving Effect to the Mandate of the District of Columbia Circuit Court of Appeals, Order, FCC 00-189 (rel. June 8, 2000). See Supplement to Public Notice Released August 22, 2001 By Wireless Telecommunications Bureau Announcing It Is Prepared To Grant Four C and F Block Broadband Personal
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- construction permit. Pending applications which are subject to further review are not listed in Attachment A. Disposition of the Auction No. 25 construction permit applications not listed in Attachment A will be announced in subsequent public notices or orders. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Daylight Time, on September 17, 2001 (or 6:00 p.m. Eastern Daylight Time, October 1, 2001, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated
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- October 2, 2001, will be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g). Such applicants will be assessed default penalties as prescribed by section 1.2104(g) of the Commission's rules. See 47 C.F.R. 1.2104(g). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, September 18, 2001 (or 6:00 p.m. Eastern Time, October 2, 2001, along with the five-percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and for
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- Part 1 of the Commission's Rules -- Competitive Bidding Procedures, WT Docket No. 97-82, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997) (amending the Commission's Part 1 competitive bidding rules); see also 47 C.F.R. 1.2109(a) (as amended). See 47 C.F.R. 1.2109(a). See 47 C.F.R. 1.2104(g)(2) (as amended), 1.2109, 1.2107(b), 101.1105; see also Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, DA 96-481, Public Notice, 11 FCC Rcd 10853 (1996). See 47 C.F.R. 1.2104(g)(2). See 47 C.F.R. 1.2106(e). 7 Copies of the FCC Form 159 may be obtained by calling the Commission's Forms Distribution Center at 1-800-418-3676 (outside Washington, D.C.) or 202-418-3676 (in the Washington area). Copies
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- applicable default payments. See 47 C.F.R. 90.905, 90.909(b), 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as prescribed by sections 90.905, 90.909(b), 1.2104(g), and 1.2109(c) of the Commission's rules. See 47 C.F.R. 90.905, 90.909(b), 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, February 12, 2001 (or 6:00 p.m. Eastern Time February 26, 2001, along with the five percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and
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- Auction No. 35 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids, if applicable. If a winning bidder's upfront payment is not sufficient to meet both of these requirements, the winning bidder must deposit additional funds. See 47 C.F.R. 1.2104(g), 1.2107(b). The amount now due from each winning bidder, if any, is set out in the last column of Attachment B. Note that a payment and FCC Form 159 are necessary only if a winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down payment
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- 1.65. An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on February 12, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in section 1.2104(g) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses are not required to submit a separate application for each market if all filing requirements associated with the application are identical except for the market designator and market name. Under these circumstances, applicants may submit one FCC Form 601 (including all required schedules, attachments, and exhibits). Applicants seeking a
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- 41, see Auction No. 41 Procedures Public Notice, Attachment A. 47 C.F.R 1.65. 47 C.F.R. 1.2105(b). Id. Auction No. 41 Procedures Public Notice at 5-7. ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). Auction No. 41 Procedures Public Notice at 4-5. 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109 (d). 47 C.F.R. 1.2112(b). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov ... ... v +D +D` CJ PNG > !R>^SS߿"Kker4 JdMOO ,I TV5 0z̪ %o
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- and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c), 24.708(b). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g), 1.2109(c), and 24.708(b) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c), 24.708(b). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, October 5, 2001 (or 6:00 p.m. Eastern Time, October 22, 2001, along with the five-percent late fee). The applicant should allow sufficient time for the wire transfer to be initiated and
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- and Upper Paging Bands Scheduled for June 26, 2001, Public Notice, DA 01-1144 (rel. May 7, 2001). For reference to relevant agreements, see Auction No. 40 Procedures Public Notice at 7, nn.22 & 23. ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109 (d). See Qualcomm Incorporated Petition for Declaratory Ruling Giving Effect to the Mandate of the District of Columbia Circuit Court of Appeals, Order, FCC 00-189 (rel. June 8, 2000). See Supplement to Public Notice Released August 22, 2001 By Wireless Telecommunications Bureau Announcing It Is Prepared to Grant Four C and F Block Broadband Personal
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- requirements. Winning bidders were required to file long-form applications (FCC Form 601) and were required to submit to the Commission such additional funds as were necessary to bring their total deposits up to twenty percent of their high bid(s) by May 28, 1999. As the winning bidder for seven licenses, AirCom's net winning bids totaled $1,545,500.00. To comply with section 1.2107(b) of the Commission's down payment rules, AirCom was therefore required to deposit an additional $267,761.00 by May 28, 1999. On May 26, 1999, the Navajo Nation submitted $68,848.00 to the Commission on the behalf of Aircom. This remittance brought the total amount of money on deposit for Aircom to $110,187.00. Although Aircom timely filed its long-form application, no further deposits
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- Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable small and very small business bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any bid withdrawal payments due under 47 C.F.R. 1.2104(g), as discussed in ``Bid Removal and Bid Withdrawal,'' Part IV.B.6. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) Long-Form Application Within ten business days after release of the auction closing notice,
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- the communication occurs. Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, FCC 00-1270, at 10 (rel. Sept. 27, 2001). This rule takes effect upon the later of 30 days after publication in the Federal Register or approval by the Office of Management and Budget. Id. at 11. See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109 (d). See Qualcomm Incorporated Petition for Declaratory Ruling Giving Effect to the Mandate of the District of Columbia Circuit Court of Appeals, Order, 16 FCC Rcd 4042 (2000). See Supplement to Public Notice Released August 22, 2001 By Wireless Telecommunications Bureau Announcing It Is Prepared to Grant Four C and F Block Broadband Personal Communications
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- 5-6 and Attachment G, 16 FCC Rcd at 7664-66 and 7750-52; see also Wireless Telecommunications Bureau Staff Provide Guidance on Completing the Short-Form Application (FCC Form 175) for Auction No. 40, Auction of Licenses for Lower and Upper Paging Bands, Public Notice, DA 01-2122 (rel. Sept. 10, 2001) (``Auction No. 40 Guidance Public Notice'') at 2-3. 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109 (d). 47 C.F.R. 1.2112(b)(2). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov Q R } ~ v +D CJ +D` PNG >
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- After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2107(b), 1.2109. Licenses will be granted only after the full and timely payment of winning bids and any applicable late fees, in accordance with Section 1.2109(a). See 47 C.F.R. 1.2109(a). Method of Payment. All payments must be in U.S. dollars and made in the form of a wire transfer. No personal checks, credit card payments, or other forms of payment will
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- 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on November 1, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An Applicant seeking tribal lands bidding credits in one or more, but not all markets, however, is encouraged
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- payment until we reauction the spectrum associated with the licenses upon which Trompex defaulted, we assess a deposit toward the default payment in the amount of three percent of the total amount of its defaulted bids. Accordingly, by this Order, we assess an initial default payment of $26,343, three percent of Trompex's winning bids in the auction. Pursuant to section 1.2107(b) of the Commission's rules, we will apply Trompex's upfront payment to satisfy this initial default payment obligation. The remaining default payment will be assessed once a new bid price for the spectrum associated with the defaulted licenses is established in a subsequent auction. If an additional payment is required, a further order will assess such payment. IV. ORDERING CLAUSES 7.
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- business days after the communication occurs. Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, FCC 00-1270, at 10 (rel. Sept. 27, 2001). This rule takes effect 30 days after publication in the Federal Register. Id. at 11. Auction No. 42 Procedures Public Notice at 4-5 and Attachment I. 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109 (d). 47 C.F.R. 1.2112(b)(2). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov 7 8 c d e ... v +D CJ +D` PNG >
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- Status of FCC Form 175 Applications to Participate in the Auction,'' Public Notice, DA 01-138 (released January 19, 2001) (``Auction No. 38 Status Public Notice''). ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). See Auction No. 38 Procedures Public Notice at 6-7. See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. 1.2109 (d). See 47 C.F.R. 1.2112(b). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov v v v v 0 +D CJ +D` PNG > !R>^SS߿"Kker4 JdMOO ,I TV5 0z̪ %o
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- and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c), 24.708(b). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g), 1.2109(c), and 24.708(b) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c), 24.708(b). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. 1 See C and F Block Broadband PCS Auction Closes: Winning Bidders Announced, Public Notice, DA 01-211 (rel. Jan. 29, 2001). 2 See C and F Block Broadband PCS Auction: Applications Accepted for Filing, Public Notice, DA 01-520 (rel. Feb. 27, 2001). 2 Wire transfer payments must
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- and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c), 24.708(b). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g), 1.2109(c), and 24.708(b) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c), 24.708(b). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, December 6, 2001 (or 6:00 p.m. Eastern Time, December 20, 2001, along with the five-percent late fee). The applicant should allow sufficient time for the wire transfer to be initiated and
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- recently amended Section 1.2105 to require auction applicants to report prohibited communications in writing to the Commission immediately, but in no case later than five business days after the communication occurs. Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, FCC 00-1270, at 10 (rel. Sept. 27, 2001). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109 (d). See Qualcomm Incorporated Petition for Declaratory Ruling Giving Effect to the Mandate of the District of Columbia Circuit Court of Appeals, Order, 16 FCC Rcd 4042 (2000). See Supplement to Public Notice Released August 22, 2001 By Wireless Telecommunications Bureau Announcing It Is Prepared to Grant Four C and F Block Broadband Personal Communications
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- Dates at 202-418-1995 Wireless Telecommunications Bureau, Steve Buenzow, Engineer, at 717-338-2646 Public Safety and Private Wireless Division Michael Pollak, Engineer, at 202-418-0680 (FCC Form 601and 602 questions) Shellie Blakeney, Attorney, at 202-418-0680 Wireless Telecommunications Bureau, Auctions and Industry Analysis Division (Auction-related questions) Barbara Sibert, Project Manager at 717-338-2888 Francis Gutierrez, Attorney, at 202-418-0660 - FCC - 47 C.F.R. 1.2104(g), 1.2107(b). In the event a bidder has withdrawn a bid(s) and is subject to a bid withdrawal payment(s), the bidder's upfront payment will be first applied to satisfy the withdrawal payment(s) before being applied toward its down payment. 47 C.F.R. 1.2108. 47 C.F.R. 1.2107(b) and 1.2109. 47 C.F.R. 1.2109(a). Copies of the FCC Form 159 may be obtained by
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- 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on December 14, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104 of the Commission's Rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An applicant seeking tribal lands bidding credits in one or more, but not all markets, however, is encouraged
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- construction permit. Pending applications which are subject to further review are not listed in Attachment A. Disposition of the Auction No. 25 construction permit applications not listed in Attachment A will be announced in subsequent public notices or orders. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Standard Time, on December 14, 2001 (or 6:00 p.m. Eastern Standard Time, December 31, 2001, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated
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- After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2107(b), 1.2109. Licenses will be granted only after the full and timely payment of winning bids and any applicable late fees, in accordance with Section 1.2109(a). See 47 C.F.R. 1.2109(a). Method of Payment All payments must be in U.S. dollars and made in the form of a wire transfer. No personal checks, credit card payments, or other forms of payment will
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- 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on December 27, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An applicant seeking tribal lands bidding credits in one or more, but not all markets, however, is encouraged
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- decision to waive these rules in this instance should not suggest that such waivers will be routine. On the contrary, in the future, absent extraordinary circumstances, we will not allow winning bidders to submit untimely exhibits to long-form applications. Further, in instances where the untimely submitted exhibits disclose ownership information, the application will be dismissed immediately in accordance with Section 1.2107(c) of the Commission's Rules. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(r), and Section 1.925(b)(3) of the Commission's Rules, 47 C.F.R. 1.925(b)(3), that the request to waive Sections 1.919, 1.2107(e), 1.2110(i), and 1.2112 of the Commission's Rules, 47 C.F.R. 1.919,
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- and any withdrawn payments due. Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable bidding credit). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any bid withdrawal payments due under 47 C.F.R. 1.2104(g), as discussed in ``Bid Removal and Bid Withdrawal,'' Part IV.B.6. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) Long-Form Application Within ten business days after release of the auction closing public
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- prohibited communications in writing to the Commission immediately, but in no case later than five business days after the communication occurs. Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, FCC 00-1270, at 10 (rel. Sept. 27, 2001). Auction No. 43 Procedures Public Notice at 5-6 and Attachment H. 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). 47 C.F.R. 1.2112(b)(2). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov +D CJ +D` PNG > !R>^SS߿"Kker4 JdMOO ,I TV5 0z̪ %o a%
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- 6:00 p.m. ET on March 8, 2001, winning bidders in Auction No. 38 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover down payments on winning bids for Auction No. 38. If a winning bidder's upfront payment is not sufficient to meet this requirement, the winning bidder must deposit additional funds. See 47 C.F.R. 1.2107(b). The amount now due from each winning bidder, if any, is set out in the last column of Attachment B. Note that a payment and FCC Form 159 are necessary only if a winning bidder's upfront payment does not cover the required total of down payments (as reflected in Attachment B). Each winning bidder's down payment must be a total
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- 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on March 8, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses are not required to submit a separate application for each market if all filing requirements associated with the application are identical except for the market designator and market name. Under these circumstances, applicants may submit one FCC Form 601 (including all required schedules, attachments, and exhibits). Applicants seeking tribal
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- F Before the Federal Communications Commission Washington, D.C. 20554 In re Application of ) ) PCS Partners, L.P. ) File No. 0000369312 ) ORDER Adopted: February 27, 2001 Released: February 27, 2001 By the Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: I. Introduction 1. On February 16, 2001, PCS Partners, L.P. (PCS Partners) filed a request for waiver of section 1.2107(c) of the Commission's Rules, asking the Commission to allow it to submit its long-form application, FCC Form 601, after the deadline of February 12, 2001 for filing long-form applications in the C and F Block Personal Communications Services (PCS) Auction (Auction No. 35) (C&F Block PCS Auction). For the reasons discussed below, we grant PCS Partners' waiver request. II. Background
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- date for oppositions. See 47 C.F.R. 1.2108(c). All pleadings filed regarding C&F Block PCS long-form applications should refer to Report No. AUC-35 (Auction No. 35), as well as to the specific file number of the individual application. Certain applicants failed to file an original FCC Form 602 in our Gettysburg office by February 12, 2001, as required by sections 1.2107(f), 1.913(a)(2), (d)(4) and 1.919(b) of the Commission's Rules and have sought waivers to allow late filing of their Form 602. 47 C.F.R. 1.2107(f), 1.913(a)(2), (d)(4), 1.919(b). Because the Form 602 filing requirement became effective only recently, and some applicants may have been unfamiliar with the new filing procedures, we hereby grant the waiver requests associated with these long-form applications,
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- bidder's construction permit. Pending applications which are subject to further review are not listed in Attachment A. Disposition of the Auction 25 construction permit applications not listed in Attachment A will be announced in subsequent public notices or orders. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Standard Time, on March 26, 2001 (or 6:00 p.m. Eastern Standard Time, April 9, 2001, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated
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- Part 1 of the Commission's Rules -- Competitive Bidding Procedures, WT Docket No. 97-82, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997) (amending the Commission's Part 1 competitive bidding rules); see also 47 C.F.R. 1.2109(a) (as amended). See 47 C.F.R. 1.2109(a). See 47 C.F.R. 1.2104(g)(2) (as amended), 1.2109, 1.2107(b), 101.1105; see also Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, DA 96-481, Public Notice, 11 FCC Rcd 10853 (1996). See 47 C.F.R. 1.2104(g)(2). See 47 C.F.R. 1.2106(e). 7 Copies of the FCC Form 159 may be obtained by calling the Commission's Forms Distribution Center at 1-800-418-3676 (outside Washington, D.C.) or 202-418-3676 (in the Washington area). Copies
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- By the Chief, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture, we find that PCS Partners, L.P. (``PCS Partners'') failed to timely file its ``long-form'' application (FCC Form 601) and accompanying ownership report (FCC Form 602) following completion of the Commission's C and F Block Broadband PCS Auction, in apparent willful and repeated violation of Sections 1.2107(c) and 1.2107(f) of the Commission's rules. We conclude that PCS Partners is apparently liable for a forfeiture in the amount of $3,000. II. BACKGROUND On January 26, 2001, the Commission staff completed the auction of 422 licenses in the C and F Block Broadband PCS Auction. PCS Partners was among the participants in that auction. On January 29, 2001, the
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- and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c), 90.905(c). Such applicants will be assessed default penalties as prescribed by sections 1.2104(g), 1.2109(c) and 90.905(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c), 90.905(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, April 2, 2001 (or 6:00 p.m. Eastern Time, April 16, 2001, along with the five-percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and for
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- Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable small and very small business bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. 1.2104(g), as discussed in ``Bid Removal and Bid Withdrawal,'' Part IV.B.(6). (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) Long-Form Application Within ten business days after release of the auction closing notice,
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- Auction of C, D, E, and F Block Broadband PCS Licenses, Notice and Filing Requirements for Auction of C, D, E, and F Block Broadband Personal Communications Services Licenses Scheduled for March 23, 1999, Minimum Opening Bids and Other Procedural Issues, Public Notice, DA 98-2604, 13 FCC Rcd 24540 (1998). See 47 C.F.R. 20.6(e)(4) (1999). See 47 C.F.R. 1.2107(b)-(c). See 47 C.F.R. 1.2104(g)(2). Petition at 5. See PCS MO&O, 9 FCC Rcd at 4984, 67 (1994); 47 C.F.R. 24.204 (1994). Petition at 5. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7869,
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- and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c), 24.708(b). Such applicants will be assessed default penalties as prescribed by sections 1.2104(g), 1.2109(c), and 24.708(b) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c), 24.708(b). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, April 20, 2001 (or 6:00 p.m. Eastern Time, May 4, 2001, along with the five-percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and for
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- bidder's construction permit. Pending applications which are subject to further review are not listed in Attachment A. Disposition of the Auction 25 construction permit applications not listed in Attachment A will be announced in subsequent public notices or orders. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Daylight Time, on April 27, 2001 (or 6:00 p.m. Eastern Daylight Time, May 11, 2001, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated
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- be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, May 2, 2001 (or 6:00 p.m. Eastern Time, May 16, 2001, along with the five-percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and for
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- be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, May 2, 2001 (or 6:00 p.m. Eastern Time, May 16, 2001, along with the five-percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and for
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- prohibited communications in writing to the Commission immediately, but in no case later than five business days after the communication occurs. Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, 16 FCC Rcd 17546, 17555, 17 (2001). Auction No. 45 Procedures Public Notice at 3-4 and Attachment G. 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). 47 C.F.R. 1.2112(b)(2). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 ( ' ( F b } ' ( F b } F PNG r v "r9 I'6 dY͆aX ; Wh X,aXy]\\.W`hva6l! v"]Vat-``````"m(c)x
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- to require auction applicants to report prohibited communications in writing to the Commission immediately, but in no case later than five business days after the communication occurs. In the Matter of Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, 16 FCC Rcd 17546, 17555, 17 (2001). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109 (d). Qualcomm Incorporated Petition for Declaratory Ruling Giving Effect to the Mandate of the District of Columbia Circuit Court of Appeals, Order, 16 FCC Rcd 4042 (2000) (``Qualcomm Order''). See Supplement to Public Notice Released August 22, 2001 By Wireless Telecommunications Bureau Announcing It Is Prepared to Grant Four C and F Block Broadband Personal
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- in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such an applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, June 14, 2002 (or 6:00 p.m. Eastern Time, June 28, 2002, along with the five percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and
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- 202-418-0496 Wireless Telecommunications Bureau, Commercial Wireless Division Dwain Livingston, Engineer, at 202-418-1338 Michael Kleeb, Analyst, at 202-418-1306 (FCC Form 601and 602 questions) Evan Baranoff, Attorney, at 202-418-7142 Amal Abdallah, Attorney, at 202-418-7307 Wireless Telecommunications Bureau, Auctions and Industry Analysis Division (Auction-related questions) Barbara Sibert, Project Manager at 717-338-2888 Denise Coca, Attorney, at 202-418-0660 - FCC - 47 C.F.R. 1.2104(g), 1.2107(b). In the event a bidder has withdrawn a bid(s) and is subject to a bid withdrawal payment(s), the bidder's upfront payment will be first applied to satisfy the withdrawal payment(s) before being applied toward its down payment. 47 C.F.R. 1.2104(g)(1). 47 C.F.R. 1.2108. 47 C.F.R. 1.2107(b), 1.2109. 47 C.F.R. 1.2109(a). Copies of the FCC Form 159
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- 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on June 20, 2002, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An applicant seeking tribal lands bidding credits in one or more, but not all markets, however, is encouraged
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- prohibited communications in writing to the Commission immediately, but in no case later than five business days after the communication occurs. Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, 16 FCC Rcd 17546, 17555, 17 (2001). Auction No. 44 Procedures Public Notice at 7-8 and Attachment G. 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). 47 C.F.R. 1.2112(b)(2). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 , - 9 : , , - F PNG r v "r9 I'6 dY͆aX ; Wh X,aXy]\\.W`hva6l! v"]Vat-``````"m(c)x
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- prohibited communications in writing to the Commission immediately, but in no case later than five business days after the communication occurs. Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, FCC 00-1270, at 10 (rel. Sept. 27, 2001). Auction No. 82 Procedures Public Notice at 4-5 and Attachment E. 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). See 47 C.F.R. 73.5007; 73.5008; 73.3555. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov +D +D` CJ PNG > !R>^SS߿"Kker4 JdMOO ,I TV5 0z̪ %o
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- After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2107(b), 1.2109. Licenses will be granted only after the full and timely payment of winning bids and any applicable late fees, in accordance with Section 1.2109(a). See 47 C.F.R. 1.2109(a). Method of Payment All payments must be in U.S. dollars and made in the form of a wire transfer. No personal checks, credit card payments, or other forms of payment will
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- 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on February 5, 2002, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An applicant seeking tribal lands bidding credits in one or more, but not all markets, however, is encouraged
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- be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, July 26, 2002 (or 6:00 p.m. Eastern Time, August 9, 2002, along with the five percent late fee). The applicant should allow sufficient time for the wire transfer to be initiated
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- in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such an applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, August 7, 2002 (or 6:00 p.m. Eastern Time, August 21, 2002, along with the five percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and
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- Within ten business days after release of the auction closing notice, the winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bid (actual bid less any applicable small or very small business bidding credit). See 47 C.F.R. 1.2107(b). Auction Discount Voucher On June 8, 2000, the Commission awarded Qualcomm, Inc. a transferable Auction Discount Voucher (``ADV'') in the amount of $125,273,878.00. This ADV may be used by Qualcomm or its transferee, in whole or in part, to adjust a winning bid in any spectrum auction prior to June 8, 2003, subject to terms and conditions set forth in
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- 2002, will be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, February 7, 2002 (or 6:00 p.m. February 22, 2002, along with the five percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and for the
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- in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such an applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, August 20, 2002 (or 6:00 p.m. Eastern Time, September 4, 2002, along with the five percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and
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- to report prohibited communications in writing to the Commission immediately, but in no case later than five business days after the communication occurs. Amendment of Part 1 of the Commission's Rules-Competitive Bidding Procedures, Seventh Report and Order, 16 FCC Rcd 17546, 17555, 17 (2001). Auction No. 44 Procedures Public Notice at 7-8 and Attachment G. 47 C.F.R. 1.211(5)(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). 47 C.F.R. 1.2112(b)(2). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 PNG r v "r9 I'6 dY͆aX ; Wh X,aXy]\\.W`hva6l! v"]Vat-``````"m(c)x
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- in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such an applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, September 4, 2002 (or 6:00 p.m. Eastern Time, September 18, 2002, along with the five percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and
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- the Commission's rules. Margaret W. Wiener Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau cc: Anne G. Crump, Esq. Joint Emergency Motion for Partial Stay of Central Wyoming College and the State Board of Education, State of Idaho (filed June 14, 2002). See, e.g., 47 C.F.R. 1.2104(g) (withdrawal, default, and disqualification payments), 1.2106 (requirement to submit upfront payments); 1.2107 (requirement of high bidders to submit downpayments). See 47 C.F.R. 1.2110(b) (requirement of applicants to disclose gross revenues). Central Wyoming and the State Board's waiver requests are premised on a notion that, in seeking to obtain licenses included in the Auction No. 44 inventory without making any payments, they are essentially seeking a 100 percent bidding credit. Central Wyoming
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- Order, and the staff will issue a subsequent Order setting forth the default payment and any required refund or deficiency. IT IS FURTHER ORDERED that the Motion for Declaratory Ruling filed by Mondy-Burke Broadcasting Network IS DENIED. The Greenville construction permit is offered to MBN at its net final bid of $270,750. Pursuant to the provisions of 47 C.F.R. 1.2107, Mondy-Burke Broadcasting Network shall have ten (10) business days from the date of this letter to make its down payment by depositing with Mellon Bank in Pittsburgh, Pennsylvania, such funds as are necessary to bring its total deposits up to $54,150, twenty percent (20%) of its final net bid. If, after submitting its down payment, MBN defaults on its final
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- in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such an applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, September 16, 2002 (or 6:00 p.m. Eastern Time, September 30, 2002, along with the five percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and
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- or Tim Dates at 202-418-0578 or 202-418-0496 Wireless Telecommunications Bureau, Commercial Wireless Division Joanne Epps, Analyst, at 202-418-1342 Melvin Spann, Engineer, at 202-418-1333 (FCC Form 601and 602 questions) Amal Abdallah, Attorney, at 202-418-7307 Wireless Telecommunications Bureau, Auctions and Industry Analysis Division (Auction-related questions) Linda Sanderson, Project Manager at 717-338-2888 Howard Davenport, Attorney, at 202-418-0660 - FCC - 47 C.F.R. 1.2107(b). In the event a bidder has withdrawn a bid(s) and is subject to a bid withdrawal payment(s), the bidder's upfront payment will be first applied to satisfy the withdrawal payment(s) before being applied toward its down payment. 47 C.F.R. 1.2104(g)(1). 47 C.F.R. 1.2108. 47 C.F.R. 1.2107(b), 1.2109. 47 C.F.R. 1.2109(a). Copies of the FCC Form 159
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- 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on October 4, 2002, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An applicant seeking tribal lands bidding credits in one or more, but not all markets, however, is encouraged
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- in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such an applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, October 11, 2002 (or 6:00 p.m. Eastern Time, October 28, 2002, along with the five percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and
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- application was dismissed and, pursuant to Commission rules, the Greenville construction permit was offered to the second-highest bidder, Mondy-Burke Broadcasting Network. (``MBN''), at its final net bid amount. In the Staff Decision, we instructed MBN as follows: The Greenville construction permit is offered to MBN at its net final bid of $270,750. Pursuant to the provisions of 47 C.F.R. 1.2107, Mondy-Burke Broadcasting Network shall have ten (10) business days from the date of this letter to make its down payment by depositing with Mellon Bank in Pittsburgh, Pennsylvania, such funds as are necessary to bring its total deposits up to $54,150, twenty percent (20%) of its final net bid. If, after submitting its down payment, MBN defaults on its final
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- at 5. Id at 6. Bidders must have sufficient eligibility to place a bid on the particular construction permit. See Section III.C.3 ``Amount of Upfront Payment,'' supra. Bidders must have sufficient eligibility to place a bid on the particular construction permit. See Section III.C.3 ``Amount of Upfront Payment,'' supra. Auction No. 32 Comment Public Notice at 6. 47 C.F.R. 1.2107(b), 73.5003. 47 C.F.R. 73.5005. 47 C.F.R. 1.2112(b), 73.5005, 73.5007. 47 C.F.R. 1.2109(b) and (c). 47 C.F.R. 1.2109(d). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet:
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- Telesaurus filed the instant Petition. Auction No. 39 commenced on June 6, 2001 and closed on June 13, 2001. PCS Partners was the winning bidder on 32 licenses and Telesaurus was the winning bidder on 79 licenses. On August 8, 2001, PCS Partners' FCC Form 601 (``long-form application'') was accepted for filing commencing the petition to deny period under section 1.2107 of the Commission's rules. On August 20, 2001, Telesaurus filed a petition to deny PCS Partners' long-form application. DISCUSSION In its petition, Telesaurus contends that PCS Partners has not met the threshold requirements for participation in the auction and that the Bureau should reject PCS Partners short-form application. Specifically, Telesaurus contends that pursuant to Section 1.2110(b)(1) of the Commission's rules
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- be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, November 18, 2002 (or 6:00 p.m. Eastern Time, December 3, 2002, along with the five percent late fee). The applicant should allow sufficient time for the wire transfer to be initiated
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- writing to the Commission immediately, but in no case later than five business days after the communication occurs. Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, 16 FCC Rcd 17546, 17555, 17 (2001). Section 73.5005(a) of the Commission's rules requires that post-auction filings include the exhibits required by 47 C.F.R. Section 1.2107(d) (concerning any bidding consortia, joint bidding arrangements or other agreements relating to the competitive bidding process); Section 1.2110(i) (concerning designated entity status, if applicable); and Section 1.2112(a) and (b) (concerning disclosure of ownership and real party in interest information.) 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109 (d). 47 C.F.R. 1.1202(d) note (1); see also Commission Announces
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- oppositions. See 47 C.F.R. 1.2108(c). All pleadings filed regarding Lower 700 MHz Band long-form applications should refer to Report No. AUC-44 (Auction No. 44), as well as to the specific FCC file number of the individual application. Certain applicants failed to file an original FCC Form 602 in our Gettysburg office by October 4, 2002, as required by sections 1.2107(f), 1.913(a)(2), (d)(4) and 1.919(b) of the Commission's rules, 47 C.F.R. 1.2107(f), 1.913(a)(2), (d)(4), 1.919(b). These applicants subsequently filed their Form 602s. Because we recently made available the option of filing Form 602 electronically and some applicants may have been unfamiliar with the new filing procedures, we will waive the Form 602 filing deadline for these applicants sua sponte. We
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- notice declaring the auction closed, identifying winning bidders and any down payments due. Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its winning bids. See 47 C.F.R. 1.2107(b). Long-Form Applications Within an MX Group, the previously filed long-form applications(s) of the unsuccessful bidder will be dismissed following the grant of the winning bidder's license. Tribal Land Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a
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- Commission recently amended Section 1.2105 to require auction applicants to report prohibited communications in writing to the Commission immediately, but in no case later than five business days after the communication occurs. Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, 16 FCC Rcd 17546, 17555, 17 (2001). 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). 47 C.F.R. 73.5005. 47 C.F.R. 1.2112(b), 73.5005, 73.5007. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov ... CJ +D +D` PNG > !R>^SS߿"Kker4 JdMOO ,I TV5 0z̪
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- with all of the requirements for relief as set forth in the Final Refund Order. Accordingly, we hereby dismiss their Pending Applications, with prejudice. Additionally, as provided in the Final Refund Order, the applicants listed in Attachment A are released from all payment obligations associated with their Pending Applications, including default payments. Pursuant to the Final Refund Order, sections 1.934, 1.2107 and 1.2109 of the Commission's rules are waived with regard to such Pending Applications. In addition, the Commission is prepared to process refunds of the remainder of the down payments associated with the applications listed in Attachment A, provided that the Commission has received requests for refunds made by the payors of record with respect to such applications in accordance
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- with all of the requirements for relief as set forth in the Final Refund Order. Accordingly, we hereby dismiss their Pending Applications, with prejudice. Additionally, as provided in the Final Refund Order, the applicants listed in Attachment A are released from all payment obligations associated with their Pending Applications, including default payments. Pursuant to the Final Refund Order, sections 1.934, 1.2107 and 1.2109 of the Commission's rules are waived with regard to such Pending Applications. In addition, the Commission is prepared to process refunds of the remainder of the down payments associated with the applications listed in Attachment A, provided that the Commission has received requests for refunds made by the payors of record with respect to such applications in accordance
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- in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such an applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, December 23, 2002 (or 6:00 p.m. Eastern Time, January 8, 2003, along with the five percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and
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- in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such an applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, December 23, 2002 (or 6:00 p.m. Eastern Time, January 8, 2003, along with the five percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and
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- with all of the requirements for relief as set forth in the Final Refund Order. Accordingly, we hereby dismiss their Pending Applications, with prejudice. Additionally, as provided in the Final Refund Order, the applicants listed in Attachment A are released from all payment obligations associated with their Pending Applications, including default payments. Pursuant to the Final Refund Order, sections 1.934, 1.2107 and 1.2109 of the Commission's rules are waived with regard to such Pending Applications. In addition, the Commission is prepared to process refunds of the remainder of the down payments associated with the applications listed in Attachment A, provided that the Commission has received requests for refunds made by the payors of record with respect to such applications in accordance
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- Director Auctions Accounting Group (Payment, FCC Form 159 and refund questions) Gail Glasser or Tim Dates at 202-418-0578 or 202-418-0496 Media Bureau, (FCC Form 301) Lisa Scanlan or Jim Bradshaw at 202-418-2700 Wireless Telecommunications Bureau, Auctions and Industry Analysis Division (Auction-related questions) Linda Sanderson, Project Manager at 717-338-2888 Kenneth Burnley, Attorney at 202-418-0660 - FCC - See 47 C.F.R. 1.2107(b). See 47 C.F.R. 73.5006. In cases where petitions to deny are filed, final payment public notices shall be promptly issued for the associated construction permits after the Media Bureau disposes of petitions to deny and is otherwise satisfied that an applicant is qualified to hold the construction permit. See 47 C.F.R. 73.5006(d). 47 C.F.R. 1.2109 and 73.5003(c).
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- in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such an applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, January 2, 2003 (or 6:00 p.m. Eastern Time, January 16, 2003, along with the five percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and
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- with all of the requirements for relief as set forth in the Final Refund Order. Accordingly, we hereby dismiss their Pending Applications, with prejudice. Additionally, as provided in the Final Refund Order, the applicants listed in Attachment A are released from all payment obligations associated with their Pending Applications, including default payments. Pursuant to the Final Refund Order, sections 1.934, 1.2107 and 1.2109 of the Commission's rules are waived with regard to such Pending Applications. In addition, the Commission is prepared to process refunds of the remainder of the down payments associated with the applications listed in Attachment A, provided that the Commission has received requests for refunds made by the payors of record with respect to such applications in accordance
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- with all of the requirements for relief as set forth in the Final Refund Order. Accordingly, we hereby dismiss their Pending Applications, with prejudice. Additionally, as provided in the Final Refund Order, the applicants listed in Attachment A are released from all payment obligations associated with their Pending Applications, including default payments. Pursuant to the Final Refund Order, sections 1.934, 1.2107 and 1.2109 of the Commission's rules are waived with regard to such Pending Applications. In addition, the Commission is prepared to process refunds of the remainder of the down payments associated with the applications listed in Attachment A, provided that the Commission has received requests for refunds made by the payors of record with respect to such applications in accordance
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- 1.2104 (g)(2), 1.2109(a). By public notice, the Media Bureau will announce the grant of Unity's construction permit after the Commission has received timely final payment of the high bid amount. An individual facility authorization will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Standard Time, on January 7, 2003 (or 6:00 p.m. Eastern Standard Time, January 22, 2003, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated
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- File Nos. 0000727428, 0000727951 File Nos. 0000729400, 0000729484 File Nos. 0000730960, 0000730981, 0000730994 File Nos. 0000729873, 0000729897 File Nos. 0000729806, 0000729833 File No. 0000729856 File No. 0000730894 ORDER Adopted: December 20, 2002 Released: December 23, 2002 By the Deputy Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: The above-captioned seven applicants filed requests for waiver of section 1.2107(c) of the Commission's Rules, asking the Commission to allow them to submit their long-form applications, FCC Form 601s, after the December 27, 2001 deadline for filing long-form applications in the Lower and Upper Paging Bands Auction (``Auction No. 40''). The seven applicants and the filing dates of their respective waiver requests are as follows: City Page & Cellular Services, Inc.
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- auction about bids, bidding strategies, or settlements. As explained more fully in the Auction No. 82 Procedures Public Notice,11 this prohibition began with the filing of short-form applications and ends on the down payment due date, or March 4, 2002.12 The prohibition ends on the down payment due date whether or not a high bidder must 8 47 C.F.R. 1.2107(c). 9 Pub. L. 105-33, 111 Stat. 251 (1997). 10 See Commission Taking Tough Measures Against Frivolous Pleadings, Public Notice, 11 FCC Rcd 3030 (1996). 11 See Auction No. 82 Construction Permits for New Analog Television Stations Scheduled for February 5, 2002; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedural Issues, Public Notice, DA 01-2882 (rel. December
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- bid payments due. Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable small business bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any bid withdrawal payments due under 47 C.F.R. 1.2104(g), as discussed in ``Bid Removal and Bid Withdrawal,'' Part IV.B.6. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) Auction Discount Voucher On June 8, 2000, the Commission awarded Qualcomm, Inc. a
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- with all of the requirements for relief as set forth in the Final Refund Order. Accordingly, we hereby dismiss their Pending Applications, with prejudice. Additionally, as provided in the Final Refund Order, the applicants listed in Attachment A are released from all payment obligations associated with their Pending Applications, including default payments. Pursuant to the Final Refund Order, sections 1.934, 1.2107 and 1.2109 of the Commission's rules are waived with regard to such Pending Applications. In addition, the Commission is prepared to process refunds of the remainder of the down payments associated with the applications listed in Attachment A, provided that the Commission has received requests for refunds made by the payors of record with respect to such applications in accordance
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- of Apparent Liability for Forfeiture (``NAL''), we find that City Page & Cellular Services, Inc. d/b/a City Beepers (``City Page'') failed to timely file its two ``long-form'' applications (FCC Form 601s) and accompanying ownership report (FCC Form 602) following completion of the Commission's Lower and Upper Paging Bands Auction (``Auction No. 40''), in apparent willful and repeated violation of Sections 1.2107(c) and 1.2107(f) of the Commission's rules. We conclude that City Page is apparently liable for a forfeiture in the amount of $3,000. BACKGROUND On December 5, 2001, Commission staff completed the auction of 15,514 licenses in Auction No. 40. City Page was among the participants in that auction. On December 11, 2001, the Wireless Telecommunications Bureau issued a Public Notice
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- 2002 By the Chief, Investigations and Hearings Division, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Gabriel Wireless LLC (``Gabriel'') failed to timely file its two ``long-form'' applications (FCC Form 601s) following completion of the Commission's Lower and Upper Paging Bands Auction (``Auction No. 40''), in apparent willful and repeated violation of Section 1.2107(c) of the Commission's rules. We conclude that Gabriel is apparently liable for a forfeiture in the amount of $3,000. BACKGROUND On December 5, 2001, Commission staff completed the auction of 15,514 licenses in Auction No. 40. Gabriel was among the participants in that auction. On December 11, 2001, the Wireless Telecommunications Bureau issued a Public Notice that provided detailed information
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- the Chief, Investigations and Hearings Division, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Golden Arrow Paging, Inc. (``Golden Arrow'') failed to timely file its three ``long-form'' applications (FCC Form 601s) following completion of the Commission's Lower and Upper Paging Bands Auction (``Auction No. 40''), in apparent willful and repeated violation of Section 1.2107(c) of the Commission's rules. We conclude that Golden Arrow is apparently liable for a forfeiture in the amount of $3,000. BACKGROUND On December 5, 2001, Commission staff completed the auction of 15,514 licenses in Auction No. 40. Golden Arrow was among the participants in that auction. On December 11, 2001, the Wireless Telecommunications Bureau issued a Public Notice that provided
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- the Chief, Investigations and Hearings Division, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that SelectPath Holding, Inc. (``SelectPath'') failed to timely file two of its three ``long-form'' applications (FCC Form 601s) following completion of the Commission's Lower and Upper Paging Bands Auction (``Auction No. 40''), in apparent willful and repeated violation of Section 1.2107(c) of the Commission's rules. We conclude that SelectPath is apparently liable for a forfeiture in the amount of $3,000. BACKGROUND On December 5, 2001, Commission staff completed the auction of 15,514 licenses in Auction No. 40. SelectPath was among the participants in that auction. On December 11, 2001, the Wireless Telecommunications Bureau issued a Public Notice that provided detailed information
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- Chief, Investigations and Hearings Division, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Telephone & Two-Way Inc. (``TTW'') failed to timely file two of its three ``long-form'' applications (FCC Form 601s) following completion of the Commission's Lower and Upper Paging Bands Auction (``Auction No. 40''), in apparent willful and repeated violation of Section 1.2107(c) of the Commission's rules. We conclude that TTW is apparently liable for a forfeiture in the amount of $3,000. BACKGROUND On December 5, 2001, Commission staff completed the auction of 15,514 licenses in Auction No. 40. TTW was among the participants in that auction. On December 11, 2001, the Wireless Telecommunications Bureau issued a Public Notice that provided detailed information
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- and Hearings Division, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that UHF-DE, LLC (``UHF'') failed to timely file its ``long-form'' application (FCC Form 601) and accompanying ownership report (FCC Form 602) following completion of the Commission's Lower and Upper Paging Bands Auction (``Auction No. 40''), in apparent willful and repeated violation of Sections 1.2107(c) and 1.2107(f) of the Commission's rules. We conclude that UHF is apparently liable for a forfeiture in the amount of $3,000. II. BACKGROUND On December 5, 2001, Commission staff completed the auction of 15,514 licenses in Auction No. 40. UHF was among the participants in that auction. On December 11, 2001, the Wireless Telecommunications Bureau issued a Public Notice that
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- Division, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Wharton Telecom Holdings, Inc. (``Wharton'') failed to timely file its ``long-form'' application (FCC Form 601) and accompanying ownership report (FCC Form 602) following completion of the Commission's Lower and Upper Paging Bands Auction (``Auction No. 40''), in apparent willful and repeated violation of Sections 1.2107(c) and 1.2107(f) of the Commission's rules. We conclude that Wharton is apparently liable for a forfeiture in the amount of $3,000. BACKGROUND On December 5, 2001, Commission staff completed the auction of 15,514 licenses in Auction No. 40. Wharton was among the participants in that auction. On December 11, 2001, the Wireless Telecommunications Bureau issued a Public Notice that provided
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- ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable entrepreneur, small, and very small business bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any bid withdrawal payments due under 47 C.F.R. 1.2104(g), as discussed in ``Bid Removal and Bid Withdrawal,'' Part IV.B.6. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) Long-Form Application Within ten business days after release of the auction closing notice,
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- writing to the Commission immediately, but in no case later than five business days after the communication occurs. Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, FCC 00-1270, at 10 (rel. Sept. 27, 2001). Section 73.5005(a) of the Commission's rules requires that post-auction filings include the exhibits required by 47 C.F.R. Section 1.2107(d) (concerning any bidding consortia, joint bidding arrangements or other agreements relating to the competitive bidding process); Section 1.2110(i) (concerning designated entity status, if applicable); and Section 1.2112(a) and (b) (concerning disclosure of ownership and real party in interest information.) See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109 (d). Qualcomm Incorporated Petition for Declaratory Ruling Giving Effect to
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- on its obligation to submit the down payment necessary to bring its total deposits up to twenty percent of its high bids by February 12, 2001. See TPS Utilicom, 16 FCC Rcd. at 14,835 (denying a request for waiver of the Commission's rules requiring a down payment and assessing initial default payments, obligations, and procedures); see also 47 C.F.R. 1.2107(b). We note that TPS Utilicom has filed a Petition for Reconsideration of the denial of its waiver request. See TPS Utilicom, Inc., Petition for Reconsideration, filed Aug. 30, 2001. Although TPS Utilicom did not provide facts to support its allegation in its Petition, we note that Alaska Native Wireless did participate initially in competitive bidding for the Binghamton (BTA043, block
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- and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c), 24.708(b). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g), 1.2109(c), and 24.708(b) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c), 24.708(b). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, March 18, 2002 (or 6:00 p.m. Eastern Time, April 1, 2002, along with the five-percent late fee). The applicant should allow sufficient time for the wire transfer to be initiated and
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- the winning bid amount. An individual facility authorization will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction No. 25 will be dismissed following grant of the winning bidder's construction permit. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Standard Time, on March 21, 2002 (or 6:00 p.m. Eastern Standard Time, April 4, 2002, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated
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- ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable small, very small business or entrepreneur bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any bid withdrawal payments due under 47 C.F.R. 1.2104(g), as discussed in ``Bid Removal and Bid Withdrawal,'' Part IV.B.6. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) Auction Discount Voucher On June 8, 2000, the Commission awarded Qualcomm, Inc. a
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- of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997) (amending the Commission's Part 1 Competitive Bidding Rules); see also 47 C.F.R. 1.2109(a) (as amended). See 47 C.F.R. 1.2109(a). See 47 C.F.R. 1.2104(g)(2)(as amended), 1.2109, 1.2107(b), 101.1105; see also Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (1996). See 47 C.F.R. 1.2104(g)(2). See 47 C.F.R. 1.2106(e). See 47 C.F.R. S 1.2109(b). > or by Fax-On-Demand at 202-418-2830. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202
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- of resolving the petition to deny with the Commission less than two months after the second down payment deadline and prior to grant of the license. Thus, any harm relating to the timing of the release of the Ready to Grant Public Notice was inconsequential and did not relieve MRA from submitting its second down payment in accordance with Sections 1.2107, 1.2109 and 90.811 of the Commission's rules. Therefore, MRA's untimely request is dismissed. C. Request to Change the Grant Date. Finally, MRA requests that the Commission change the grant date on the license and accordingly, recalculate the amount of the first installment payment. MRA bases its request upon its contention that it first received notice of the grant in the
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- Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable small and very small business bidding credits). See 47 C.F.R. 1.2107(b). Auction Discount Voucher On June 8, 2000, the Commission awarded Qualcomm, Inc. a transferable Auction Discount Voucher (``ADV'') in the amount of $125,273,878.00. This ADV may be used by Qualcomm or its transferee, in whole or in part, to adjust a winning bid in any spectrum auction prior to June 8, 2003, subject to terms and conditions set forth in
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- Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable small and very small business bidding credits). See 47 C.F.R. 1.2107(b). Auction Discount Voucher On June 8, 2000, the Commission awarded Qualcomm, Inc. a transferable Auction Discount Voucher (``ADV'') in the amount of $125,273,878.00. This ADV may be used by Qualcomm or its transferee, in whole or in part, to adjust a winning bid in any spectrum auction prior to June 8, 2003, subject to terms and conditions set forth in
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- be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, April 19, 2002 (or 6:00 p.m. May 3, 2002, along with the five percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and for the
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- be qualified to bid. The following service-specific rules, which conflict or are redundant with all or part of section 1.2106 of the Commission's rules, are removed in whole or in part: 21.954; 22.211(a); 22.965(a); 24.706(a), (c); 24.711(a)(1); 24.716(a)(1); 26.206; 27.205; 73.5003(a); 90.807(a); 90.907(a); 90.1011(a); 100.76(a); 101.1105(a); and 101.1205(a). Submission of down and full payments, and filing of long-form applications. Section 1.2107 of the Commission's rules describes the procedures for submitting down and full payments, and filing the long-form application (``FCC Form 601''). The down payment is the sum that the winning bidder(s) must tender to the Commission after the auction closes to bring its total deposit(s) up to twenty (20) percent of its high bid(s). This payment assures the Commission that
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- be qualified to bid. The following service-specific rules, which conflict or are redundant with all or part of section 1.2106 of the Commission's rules, are removed in whole or in part: 21.954; 22.211(a); 22.965(a); 24.706(a), (c); 24.711(a)(1); 24.716(a)(1); 26.206; 27.205; 73.5003(a); 90.807(a); 90.907(a); 90.1011(a); 100.76(a); 101.1105(a); and 101.1205(a). Submission of down and full payments, and filing of long-form applications. Section 1.2107 of the Commission's rules describes the procedures for submitting down and full payments, and filing the long-form application (``FCC Form 601''). The down payment is the sum that the winning bidder(s) must tender to the Commission after the auction closes to bring its total deposit(s) up to twenty (20) percent of its high bid(s). This payment assures the Commission that
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- Communications Commission Washington, D.C. 20554 In the matter of Silver Palm Communications, Inc. ) ) ) File No. 0000233574 ORDER Adopted: April 10, 2002 Released: April 12, 2002 By the Deputy Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. On October 4, 2000, Silver Palm Communications, Inc. (Silver Palm) filed a request for waiver of section 1.2107(c) of the Commission's Rules, asking the Commission to allow it to submit its long-form application, FCC Form 601, after the deadline of September 20, 2000 for filing long-form applications in the 800 SMR General Category Service (800 SMR) Auction (Auction No. 34). For the reasons set forth below, we grant Silver Palm's waiver request. 2. Silver Palm, a winning bidder
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- 1.65. The Commission amended Section 1.2105 to require auction applicants to report prohibited communications in writing to the Commission immediately, but in no case later than five business days after the communication occurs. Amendment of Part 1 of the Commission's Rules--Competitive Bidding Procedures, Seventh Report and Order, 16 FCC Rcd 17546, 17555, 17 (2001). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). Qualcomm Incorporated Petition for Declaratory Ruling Giving Effect to the Mandate of the District of Columbia Circuit Court of Appeals, Order, 16 FCC Rcd 4042 (2000) (``Qualcomm Order''). See Supplement to Public Notice Released August 22, 2001 By Wireless Telecommunications Bureau Announcing It Is Prepared to Grant Four C and F Block Broadband Personal
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- with all of the requirements for relief as set forth in the Final Refund Order. Accordingly, we hereby dismiss its Pending Application, with prejudice. Additionally, as provided in the Final Refund Order, the applicant listed in Attachment A is released from all payment obligations associated with its Pending Application, including default payments. Pursuant to the Final Refund Order, sections 1.934, 1.2107 and 1.2109 of the Commission's rules are waived with regard to such Pending Applications. In addition, the Commission is prepared to process a refund of the remainder of the down payment associated with the application listed in Attachment A, provided that the Commission has received a request for a refund made by the payor of record with respect to the
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- 1.65. The Commission amended Section 1.2105 to require auction applicants to report prohibited communications in writing to the Commission immediately, but in no case later than five business days after the communication occurs. Amendment of Part 1 of the Commission's Rules--Competitive Bidding Procedures, Seventh Report and Order, 16 FCC Rcd 17546, 17555, 17 (2001). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). Qualcomm Inc. Petition for Declaratory Ruling Giving Effect to the Mandate of the District of Columbia Circuit Court of Appeals, Order, 16 FCC Rcd 4042 (2000) (``Qualcomm Order''). See Supplement to Public Notice Released August 22, 2001 By Wireless Telecommunications Bureau Announcing It Is Prepared to Grant Four C and F Block Broadband Personal
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- to require auction applicants to report prohibited communications in writing to the Commission immediately, but in no case later than five business days after the communication occurs. In the Matter of Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, 16 FCC Rcd 17546, 17555, 17 (2001). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109 (d). Qualcomm Incorporated Petition for Declaratory Ruling Giving Effect to the Mandate of the District of Columbia Circuit Court of Appeals, Order, 16 FCC Rcd 4042 (2000) (``Qualcomm Order''). Id. See also Qualcomm, Inc. Petition for Waiver of Certain Terms and Conditions of its Auction Discount Voucher, Order, FCC 02-321, 17 FCC Rcd. 24311 (WTB
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- prohibited communications in writing to the Commission immediately, but in no case later than five business days after the communication occurs. Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, 16 FCC Rcd 17546, 17555, 17 (2001). Auction No. 46 Procedures Public Notice at 5-6 and Attachment G. 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). 47 C.F.R. 1.2112(b)(2). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 h h h h h h h h h h h h h h h h h h 2 3 F h h h h h h
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- to require auction applicants to report prohibited communications in writing to the Commission immediately, but in no case later than five business days after the communication occurs. In the Matter of Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, 16 FCC Rcd 17546, 17555, 17 (2001). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109 (d). Qualcomm Incorporated Petition for Declaratory Ruling Giving Effect to the Mandate of the District of Columbia Circuit Court of Appeals, Order, 16 FCC Rcd 4042 (2000) (``Qualcomm Order''). Id. See also Qualcomm, Inc. Petition for Waiver of Certain Terms and Conditions of its Auction Discount Voucher, Order, FCC 02-321, 17 FCC Rcd. 24311 (WTB
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- with all of the requirements for relief as set forth in the Final Refund Order. Accordingly, we hereby dismiss its Pending Application, with prejudice. Additionally, as provided in the Final Refund Order, the applicant listed in Attachment A is released from all payment obligations associated with its Pending Application, including default payments. Pursuant to the Final Refund Order, sections 1.934, 1.2107 and 1.2109 of the Commission's rules are waived with regard to such Pending Application. In addition, the Commission is prepared to process a refund of the remainder of the down payment associated with the application listed in Attachment A, provided that the Commission has received a request for a refund made by the payor of record with respect to the
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- prohibited communications in writing to the Commission immediately, but in no case later than five business days after the communication occurs. Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, 16 FCC Rcd 17546, 17555, 17 (2001). Auction No. 48 Procedures Public Notice at 6-8 and Attachment F. 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). 47 C.F.R. 1.2112(b)(2). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 h F F F F h gd h h h h h h PNG r v "r9 I'6 dY͆aX ; Wh X,aXy]\\.W`hva6l! v"]Vat-``````"m(c)x
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- the winning bid amount. An individual facility authorization will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction No. 25 will be dismissed following grant of the winning bidder's construction permit. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Time, on May 12, 2003 (or 6:00 p.m. Eastern Time, May 27, 2003, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated and for
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- in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such an applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, January 31, 2003 (or 6:00 p.m. Eastern Time, February 14, 2003, along with the five percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and
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- 202-418-0578 or 202-418-0496 Wireless Telecommunications Bureau, Public Safety & Private Wireless Division Cheryl Black, Analyst, at 717-338-2617 Brian Marenco, Electronics Engineer, at 202-418-0838 (FCC Form 601and 602 questions) Keith Fickner, Attorney, at 202-418-7308 Wireless Telecommunications Bureau, Auctions and Industry Analysis Division (Auction-related questions) Lisa Stover, Project Manager at 717-338-2888 Francis Gutierrez, Attorney, at 202-418-0660 - FCC - 47 C.F.R. 1.2107(b). 47 C.F.R. 1.2108. 47 C.F.R. 1.2107(b), 1.2109. 47 C.F.R. 1.2109(a). Copies of the FCC Form 159 may be obtained by calling the Commission's Forms Distribution Center at 1-800-418-3676 (outside Washington, D.C.) or 202-418-3676 (in the Washington D.C. area). Copies of the FCC Form 159 can also be obtained via the Internet (http://www.fcc.gov/formpage.html) or by calling the Commission's
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- 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on May 16, 2003, and fails to establish good cause for any late-filed submission, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. 1.2104(g), 1.2107(c). II. FILING FCC FORM 601 ELECTRONICALLY Access the Commission's Universal Licensing System (ULS) Online Filing through the Internet at http://wireless.fcc.gov/uls. Select the Online Filing button from this page. You may also connect to ULS Online Filing by establishing a direct dial-up connection to ULS, by pointing your web browser to http://wireless.fcc.gov/uls, and selecting the ULS Online Filing button. (Follow the
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- be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, May 21, 2003 (or 6:00 p.m. Eastern Time, June 5, 2003, along with the five percent late fee). The applicant should allow sufficient time for the wire transfer to be initiated
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- particular construction permit. See Section III.D.3. (``Upfront Payments and Initial Maximum Eligibility''), supra. See Section IV.A.2 ``Activity Rules,'' supra. Auction No. 54 Comment Public Notice at 6. Bidders must have sufficient eligibility to place a bid on the particular license. See Section III.D.3 ``Amount of Upfront Payment,'' infra. Auction No. 54 Comment Public Notice at 7. See 47 C.F.R. 1.2107(b) and 73.5003. See 47 C.F.R. 1.2109(b) and (c). See also Broadcast First Report and Order, 13 FCC Rcd at 15952. See 47 C.F.R. 1.2109(d). See id. 73.5007(a). See id. 73.5007(b). See Minnesota Christian Broadcasters, Inc., FCC 03-5, rel. January 17, 2003. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 Y Y
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- prohibited communications in writing to the Commission immediately, but in no case later than five business days after the communication occurs. Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, 16 FCC Rcd 17546, 17555, 17 (2001). Auction No. 49 Procedures Public Notice at 4-6 and Attachment G. 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). 47 C.F.R. 1.2112(b)(2). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 F F F F PNG r v "r9 I'6 dY͆aX ; Wh X,aXy]\\.W`hva6l! v"]Vat-``````"m(c)x
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- of the winning bid amount. A facility authorization will be issued shortly thereafter. The previously filed long form application of the unsuccessful competing bidder in Auction No. 82 will be dismissed following grant of the winning bidder's construction permit. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Time, on January 17, 2003 (or 6:00 p.m. Eastern Time, February 3, 2003, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated and for
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- 1.2104 (g)(2), 1.2109(a). By public notice, the Media Bureau will announce the grant of Mondy-Burke's construction permit after the Commission has received timely final payment of the high bid amount. An individual facility authorization will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Time, on June 2, 2003 (or 6:00 p.m. Eastern Time, June 16, 2003, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated and for
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- North Carolina license. See In the Matter of Tel-Com Wireless Cable TV Corporation, BTA No. B189 Multipoint Distribution Service, Order, 12 FCC Rcd 6747 (1997) (``Tel-Com Wireless Order''). The Commission has distinguished defaults at the initial down payment deadline from those that arise later in the post auction process. See TPS Utilicom, Inc. Request for Waiver of Sections 1.2109 and 1.2107 of the Commission's Rules Regarding BTA043, BTA127, BTA215, and BTA330, Order on Reconsideration, DA 03-480 (rel. Feb. 21, 2003); TPS Utilicom, Inc. Request for Waiver of Sections 1.2109 and 1.2107 of the Commission's Rules Regarding BTA043, BTA127, BTA215, and BTA330, Order, 16 FCC Rcd 14,835 (2001). ``FCC Announces Grant of MDS Authorizations,'' Public Notice, Report No. D-941-A (rel. July 25,
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- be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, June 5, 2003 (or 6:00 p.m. Eastern Time, June 19, 2003, along with the five percent late fee). The applicant should allow sufficient time for the wire transfer to be initiated
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- in default on any license for which it is the winning bidder, and subject to default payments under Sections 1.2104(g) and 1.2109(c) of the Commission's rules. 47 C.F.R. 1.2104(g), 1.2109(c). See ``Auction of Licenses for Lower and Upper Paging Bands, 104 Qualified Bidders,'' Public Notice, DA 03-1268 (April 29, 2003)(``Auction No. 48 Qualified Bidders Public Notice''). 47 C.F.R. 1.2107(b). In the event a bidder has withdrawn a bid(s) and is subject to a bid withdrawal payment(s), the bidder's upfront payment will be first applied to satisfy the withdrawal payment(s) before being applied toward its down payment. 47 C.F.R. 1.2104(g)(1). 47 C.F.R. 1.2108. 47 C.F.R. 1.2107(b), 1.2109. 47 C.F.R. 1.2109(a). Copies of the FCC Form 159
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- 1.933(b). An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on June 13, 2003, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants winning licenses in multiple radio services must complete a separate FCC Form 601 application for each radio service. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market
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- be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, July 2, 2003 (or 6:00 p.m. Eastern Time, July 17, 2003, along with the five percent late fee). The applicant should allow sufficient time for the wire transfer to be initiated
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- at 202-418-0578 Wireless Telecommunications Bureau, Commercial Wireless Division Joanne Epps, Analyst, at 202-418-1342 Keith Harper, Electronics Engineer, at 202-418-2759 (FCC Form 601and 602 questions) Amal Abdallah, Attorney, at 202-418-7307 Evan Baranoff, Attorney, 202-418-7142 Wireless Telecommunications Bureau, Auctions and Industry Analysis Division (Auction-related questions) Linda Sanderson, Project Manager at 717-338-2888 Howard Davenport, Attorney, at 202-418-0660 - FCC - 47 C.F.R. 1.2107(b). In the event a bidder has withdrawn a bid(s) and is subject to a bid withdrawal payment(s), the bidder's upfront payment will be first applied to satisfy the withdrawal payment(s) before being applied toward its down payment. 47 C.F.R. 1.2104(g)(1). 47 C.F.R. 1.2108. 47 C.F.R. 1.2107(b), 1.2109. 47 C.F.R. 1.2109(a). Copies of the FCC Form 159
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- 1.933(b). An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on July 2, 2003, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An applicant seeking tribal lands bidding credits in one or more, but not all markets, however, is encouraged
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- Tribal Land Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a telephone service penetration rate equal to or below 70 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. 1.2107 and 1.2110(f). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal land bidding credit after winning the auction when it files its long-form application (FCC Form 601). When
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- C.F.R. 1.65. The Commission recently amended Section 1.2105 to require auction applicants to report prohibited communications in writing to the Commission immediately, but in no case later than five business days after the communication occurs. See Seventh Report and Order, 16 FCC Rcd at 17555. $ $ 8 Z _ b d e l m 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109 (d). 47 C.F.R. 1.1208. See ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). See 47 C.F.R. 1.2112(b)(2); see also 47 C.F.R. 73.5007 (new entrant bidding eligibility). PNG !R>^SS߿"Kker4 JdMOO
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- Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244, 11 FCC Rcd 9645 (1995) (rel. October 26, 1995). See 47 C.F.R. 1.65. 47 C.F.R. 1.2105(c)(6); see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, 16 FCC Rcd 17546, 17555, 17 (2001). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109 (d). 47 C.F.R. 73.5005. 47 C.F.R. 1.2112(b), 73.5005, 73.5007. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 Z [ ' [ g F F F F h[f h[f h[f h[f h[f tmtmvkvZZTMT h[f h[f h[f h[f h[f
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- Land Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally recognized tribal lands that are unserved by any telecommunications carrier or that have a telephone service penetration rate equal to or below 70 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. 1.2107 and 1.2110(f). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal land bidding credit after winning the auction when it files its long-form application (FCC Form 601). When
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- be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, August 1, 2003 (or 6:00 p.m. Eastern Time, August 15, 2003, along with the five percent late fee). The applicant should allow sufficient time for the wire transfer to be initiated
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- be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, August 8, 2003 (or 6:00 p.m. Eastern Time, August 22, 2003, along with the five percent late fee). The applicant should allow sufficient time for the wire transfer to be initiated
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- payment of the winning bid amounts. Facility authorizations will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction No. 82 will be dismissed following grant of the winning bidder's construction permit. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Time, on August 13, 2003 (or 6:00 p.m. Eastern Time, August 27, 2003, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated and for
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- contractor, Vistronix, Inc., will receive hand-delivered and messenger-delivered paper filings for the Office of the Secretary at 236 Massachusetts Avenue, N.E., Suite 110, Washington, DC 20002. The filing hours at this location are 8:00 a.m. to 7:00 p.m. Additional Post-Auction Filing Requirements. Section 73.5005(a) of the Commission's rules requires that post-auction filings include the exhibits mandated by 47 C.F.R. 1.2107(d) (concerning any bidding consortia, or joint bidding arrangements, if applicable); 47 C.F.R. 1.2110(j) (concerning designated entity status, if applicable); and 47 C.F.R. 1.2112(a) and (b) (concerning ownership and real party in interest information). Where applicable, such exhibits must be filed with the amendment to the previously filed Form 301 application and must be filed no later than August
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- Commission amended Section 1.2105 to require auction applicants to report prohibited communications in writing to the Commission immediately, but in no case later than five business days after the communication occurs. Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, 16 FCC Rcd 17546, 17555, 17 (2001). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109 (d). Qualcomm Incorporated Petition for Declaratory Ruling Giving Effect to the Mandate of the District of Columbia Circuit Court of Appeals, WT Docket No. 99-168, Order, 16 FCC Rcd 4042 (2000). Id. See also Qualcomm Incorporated Petition for Waiver of Certain Terms and Conditions of its Auction Discount Voucher, WT Docket No. 02-234, Order, 17
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- Commission amended Section 1.2105 to require auction applicants to report prohibited communications in writing to the Commission immediately, but in no case later than five business days after the communication occurs. Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, 16 FCC Rcd 17546, 17555, 17 (2001). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109 (d). Qualcomm Incorporated Petition for Declaratory Ruling Giving Effect to the Mandate of the District of Columbia Circuit Court of Appeals, WT Docket No. 99-168, Order, 16 FCC Rcd 4042 (2000). Id. See also Qualcomm Incorporated Petition for Waiver of Certain Terms and Conditions of its Auction Discount Voucher, WT Docket No. 02-234, Order, 17
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- Clarifies Spectrum Auction Anti-Collusion Rules, Public Notice, DA 95-2244, 11 FCC Rcd 9645 (1995). 47 C.F.R. 1.2105(c). See Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules, Public Notice, 11 FCC Rcd 9645 (1995). 47 C.F.R. 1.65. 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555, 17. 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2109(d). Id. 47 C.F.R. 1.2112(b)(2). Auction of Regional Narrowband PCS Licenses Scheduled for September 24, 2003: Notice and Filing Requirements, Minimum Opening Bids Upfront Payments, Package Bidding and Other Auction Procedures, Public Notice, DA 03-1994 at 11, 36 (rel. June 18, 2003). 47 C.F.R. 1.2110(f)(3)(iii). Id. 1.2110(f)(3)(iv). See Geographic Partitioning and Spectrum Disaggregation
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- Clarifies Spectrum Auction Anti-Collusion Rules, Public Notice, DA 95-2244, 11 FCC Rcd 9645 (1995). 47 C.F.R. 1.2105(c). See Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules, Public Notice, 11 FCC Rcd 9645 (1995). 47 C.F.R. 1.65. 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555, 17. 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2109(d). Id. 47 C.F.R. 1.2112(b)(2). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 $ $ 0 O P W d ` ' 1 F F F F h[f * PNG r v "r9 I'6 dY͆aX
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- Glasser at 202-418-0578 Wireless Telecommunications Bureau, Commercial Wireless Division Joanne Epps, Analyst, at 202-418-1342 Dwain Livingston, Electronics Engineer, at 202-418-1338 (FCC Form 601and 602 questions) Evan Baranoff, Attorney, 202-418-7142 Nicole Dumangane, Attorney, 202-418-7531 Wireless Telecommunications Bureau, Auctions and Industry Analysis Division (Auction-related questions) Lisa Stover, Project Manager at 717-338-2888 Christopher Shields, Attorney, at 202-418-0660 - FCC - 47 C.F.R. 1.2107(b). 47 C.F.R. 1.2108. 47 C.F.R. 1.2107(b), 1.2109. 47 C.F.R. 1.2109(a). Copies of the FCC Form 159 may be obtained by calling the Commission's Forms Distribution Center at 1-800-418-3676 (outside Washington, D.C.) or 202-418-3676 (in the Washington D.C. area). Copies of the FCC Form 159 can also be obtained via the Internet (http://www.fcc.gov/formpage.html) or by calling the Commission's
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- 1.933(b). An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on October 16, 2003, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms To Be Filed. An applicant applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An applicant seeking tribal lands bidding credits in one or more, but not all markets, however, is
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- Glasser at 202-418-0578 Wireless Telecommunications Bureau, Commercial Wireless Division Joanne Epps, Analyst, at 202-418-1342 Dwain Livingston, Electronics Engineer, at 202-418-1338 (FCC Form 601and 602 questions) Evan Baranoff, Attorney, 202-418-7142 Nicole Dumangane, Attorney, 202-418-7531 Wireless Telecommunications Bureau, Auctions and Industry Analysis Division (Auction-related questions) Linda Sanderson, Project Manager at 717-338-2888 Christopher Shields, Attorney, at 202-418-0660 - FCC - 47 C.F.R. 1.2107(b). In the event a bidder has withdrawn a bid(s) and is subject to a bid withdrawal payment(s), the bidder's upfront payment will be first applied to satisfy the withdrawal payment(s) before being applied toward its down payment. 47 C.F.R. 1.2104(g)(1). 47 C.F.R. 1.2108. 47 C.F.R. 1.2107(b), 1.2109. 47 C.F.R. 1.2109(a). Copies of the FCC Form 159
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- 1.933(b). An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on October 17, 2003, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An applicant seeking tribal lands bidding credits in one or more, but not all markets, however, is encouraged
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- in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such an applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, October 27, 2003 (or 6:00 p.m. Eastern Time, November 10, 2003, along with the five percent late fee). The applicant should allow sufficient time for the wire transfer to be initiated
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- Land Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally recognized tribal lands that are unserved by any telecommunications carrier or that have a telephone service penetration rate equal to or below 70 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. 1.2107 and 1.2110(f). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal land bidding credit after winning the auction when it files its long-form application (FCC Form 601). When
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- pursuant to authority delegated by Section 0.331 of the Commission's rules. Sincerely, Margaret Wiener, Chief Auctions and Industry Analysis Division Wireless Telecommunications Bureau Letter dated February 21, 2003, Raymond J. Quianzon, Counsel to TPS Utilicom, Inc. to To Whom It May Concern, Office of the Managing Director (``TPS Refund Letter''). TPS Utilicom, Inc. Request for Waiver of Sections 1.2109 and 1.2107 of the Commission's Rules Regarding BTA043, BTA127, BTA215, and BTA330, DA 01-1833, Order, 16 FCC Rcd 14,835, 14,836 (WTB 2001) (``Order''). Order, 16 FCC Rcd at 14,842. Order, 16 FCC Rcd at 14,836. TPS Refund Letter at 1-2. Order, 16 FCC Rcd at 14,835-6. Order, 16 FCC Rcd at 14,836-7. Order, 16 FCC Rcd 14,835. Order 16 FCC Rcd at
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- notices of apparent liability for forfeiture (each an ``NAL'') against each of the captioned parties, all winning bidders in the Commission's Lower and Upper Paging Bands Auction (``Auction No. 40''), for their failure to timely file their ``long-form'' auction applications (FCC Form 601) and accompanying ownership reports (FCC Form 602) following completion of the auction, in apparent violation of Sections 1.2107(c) and 1.2107(f) of the Commission's rules. In response to issuance of the NALs several of the parties argued that the Wireless Telecommunications Bureau (``WTB'') granted the waiver requests submitted with their late-filed long-form applications and ownership reports and, as a consequence, waived application of Section 1.2107(c) of the Commission's rules. 2. As noted in responses to the NALs, on December
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- 11973, 11977 11 (1998). See id., at 11978. 47 C.F.R. 1.2105(c). See Public Notice, ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' 11 FCC Rcd 9645 (1995). 47 C.F.R. 1.2105(c), 73.5002 47 C.F.R. 1.65. 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555, 17. 47 C.F.R. 1.2107(d), 73.5005(a). See 47 C.F.R. 1.2109(d). Id. See id. 73.3571(h)(2). All mutually exclusive applications will be considered under the relevant procedures for conflict resolution. See id. 73.5002 (c)&(d). If a mutually exclusive group which is eligible to submit engineering solutions or settlement does not do so by the settlement deadline date, and the applications in that group propose
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- be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, November 21, 2003 (or 6:00 p.m. Eastern Time, December 8, 2003, along with the five percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and
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- be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, December 5, 2003 (or 6:00 p.m. Eastern Time, December 19, 2003, along with the five percent late fee). The applicant should allow sufficient time for the wire transfer to be initiated
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- be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, December 5, 2003 (or 6:00 p.m. Eastern Time, December 19, 2003, along with the five percent late fee). The applicant should allow sufficient time for the wire transfer to be initiated
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- Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable small and very small business bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any bid withdrawal payments due under 47 C.F.R. 1.2104(g), as discussed in ``Bid Removal and Bid Withdrawal,'' Section IV.B.6. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) Long-Form Application (FCC Form 601) Within ten business days after release of the
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- be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). The applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, December 8, 2003 (or 6:00 p.m. Eastern Time, December 22, 2003, along with the five percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and
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- Commission amended Section 1.2105 to require auction applicants to report prohibited communications in writing to the Commission immediately, but in no case later than five business days after the communication occurs. Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, 16 FCC Rcd 17546, 17555, 17 (2001). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109 (d). Qualcomm Incorporated Petition for Declaratory Ruling Giving Effect to the Mandate of the District of Columbia Circuit Court of Appeals, WT Docket No. 99-168, Order, 16 FCC Rcd 4042 (2000). Id. See also Qualcomm Incorporated Petition for Waiver of Certain Terms and Conditions of its Auction Discount Voucher, WT Docket No. 02-234, Order, 17
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- be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). The applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, December 30, 2003 (or 6:00 p.m. Eastern Time, January 14, 2004, along with the five percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and
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- Clarifies Spectrum Auction Anti-Collusion Rules, Public Notice, DA 95-2244, 11 FCC Rcd 9645 (1995). 47 C.F.R. 1.2105(c). See Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules, Public Notice, 11 FCC Rcd 9645 (1995). 47 C.F.R. 1.65. 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555, 17. 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2109(d). Id. 47 C.F.R. 1.2112(b)(2). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 $ $ - * + - E d e l y 0 F F F F h[f PNG r v "r9 I'6 dY͆aX
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- Arizona (BTA 486A); and Las Cruces, New Mexico (BTA 244B) markets. AirCom's net winning bids totaled $1,545,500.00. Winning bidders were required to file long-form applications (FCC Form 601) and submit to the Commission such additional funds as were necessary to bring their total deposits up to twenty percent of their high bid(s) by May 28, 1999. To comply with Section 1.2107(b) of the Commission's Rules, AirCom was therefore required to deposit an additional $267,761.00 by May 28, 1999. On May 26, 1999, the Navajo Nation submitted $68,848.00 to the Commission on behalf of AirCom. This remittance brought the total amount of money on deposit for AirCom to $110,187.00, leaving a balance of $198,913.00 needed to satisfy AirCom's down payment obligation. Although
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit r Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of TPS UTILICOM, INC. Request for Waiver of Sections 1.2109 and 1.2107 of the Commission's Rules Regarding BTA043, BTA127, BTA215, and BTA330 Petition for Reconsideration ) ) ) ) ) ) ) ) ) ORDER ON RECONSIDERATION Adopted: February 21, 2003 Released: February 21, 2003 By the Deputy Chief, Wireless Telecommunications Bureau: Introduction TPS Utilicom, Inc. (``TPS'') seeks reconsideration of an Order issued by the Wireless Telecommunications Bureau, Commercial Wireless Division (``Division'').
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- Tribal Land Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a telephone service penetration rate equal to or below 70 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. 1.2107 and 1.2110(f). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal land bidding credit after winning the auction when it files its long-form application (FCC Form 601). When
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- of the winning bid amount. A facility authorization will be issued shortly thereafter. The previously filed long form application of the unsuccessful competing bidder in Auction No. 82 will be dismissed following grant of the winning bidder's construction permit. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Time, on March 14, 2003 (or 6:00 p.m. Eastern Time, March 28, 2003, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated and for
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- licenses for which it was the winning bidder in Auction No. 26, and was therefore in default, and our dismissal of Supra's long-form application. Trompex properly was deemed disqualified (and thus ineligible to acquire the licenses) and subject to default payments, because it failed to file a timely long-form application for the licenses won at auction, as required by section 1.2107(c) of the Commission's rules. Supra's long-form application was properly dismissed because Supra was neither a winning bidder nor an applicant in Auction No. 26 and thus had no right under section 1.2107(c) to file a long-form application. Supra's long-form application also was properly dismissed because Supra violated section 22.213 of the Commission's rules, which prohibits the filing of any long-form
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- with all of the requirements for relief as set forth in the Final Refund Order. Accordingly, we hereby dismiss their Pending Applications, with prejudice. Additionally, as provided in the Final Refund Order, the applicants listed in Attachment A are released from all payment obligations associated with their Pending Applications, including default payments. Pursuant to the Final Refund Order, sections 1.934, 1.2107 and 1.2109 of the Commission's rules are waived with regard to such Pending Applications. In addition, the Commission is prepared to process refunds of the remainder of the down payments associated with the applications listed in Attachment A, provided that the Commission has received requests for refunds made by the payors of record with respect to such applications in accordance
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- in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such an applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions: All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, March 26, 2003 (or 6:00 p.m. Eastern Time, April 9, 2003, along with the five percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-751A1_Erratum.doc
- in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such an applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions: All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, March 26, 2003 (or 6:00 p.m. Eastern Time, April 9, 2003, along with the five percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and
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- it will be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, April 10, 2003 (or 6:00 p.m. April 24, 2003, along with the five percent late fee). The applicant should allow sufficient time for the wire transfer to be initiated and for
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- be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, May 5, 2004 (or 6:00 p.m. Eastern Time, May 19, 2004, along with the five percent late fee). The applicant should allow sufficient time for the wire transfer to be initiated
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- be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). The applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, May 19, 2004 (or 6:00 p.m. Eastern Time, June 3, 2003, along with the five percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and
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- of the winning bid amount. The individual facility authorization will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction 54 will be dismissed following grant of the winning bidder's construction permit. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Time, on May 25, 2004 (or 6:00 p.m. Eastern Time, June 9, 2004, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated and for
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- be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, June 1, 2004 (or 6:00 p.m. Eastern Time, June 15, 2004, along with the five percent late fee). The applicant should allow sufficient time for the wire transfer to be initiated
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- NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd 11973, 11977, 11 (WTB 1998). 47 C.F.R. 1.65. 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555, 17. See Auction No. 55 Procedures Public Notice, 18 FCC Rcd at 21181-83. See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). 47 C.F.R. 1.2112(b)(2). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 $ $ : ; < q r F F F F h[f PNG r v "r9
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- bids totaled $393,000. Silver Palm timely made its down payment, which brought its deposits to $78,600, and left it with a remaining balance due of $314,400. Silver Palm did not timely file its long-form application. On October 4, 2000, fourteen days after the long-form filing deadline, Silver Palm filed its long-form application together with a request for waiver of Section 1.2107(c) of the Commission's rules, which requires a winning bidder to submit its long-form application within ten (10) business days after being notified that it is a high bidder. On April 12, 2002, the Bureau granted Silver Palm's waiver request. On August 30, 2002, the Bureau announced that it was prepared to grant Silver Palm's long-form application and established a September
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- Land Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally recognized tribal lands that are unserved by any telecommunications carrier or that have a telephone service penetration rate equal to or below 70 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. 1.2107 and 1.2110(f). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal land bidding credit after winning the auction when it files its long-form application (FCC Form 601). When
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- to Provide 800 MHz Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd. 11973, 11977, 11 (1998) (``Nevada Wireless''). 47 C.F.R. 1.65. 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555, 17. See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). 47 C.F.R. 1.1208; See ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). See 47 C.F.R. 1.2112(b)(2). 47 C.F.R. 1.2105(a)(2)(v). $ h h h h{ h{ h{
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- 11973, 11977, 11 (1998) (``Nevada Wireless''). See id. at 11978. See 47 C.F.R. 1.2105(c)(7)(i). See ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244, 11 FCC Rcd 9645 (1995). 47 C.F.R. 1.65. 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555, 17. 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2109(d). Id. One commenter suggests that we allow potential applicants time to perform due diligence before the short-form application deadline. Langley Comments at 1. The list of FM allotments available for auction was released with the 2004 Auction No. 37 Revised Comment Public Notice on April 15, 2004, providing sufficient time for potential applicants to perform
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- in writing to the Commission immediately, but in no case later than five business days after the communication occurs. Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, 16 FCC Rcd 17546, 17555, 17 (2001). See Auction No. 55 Procedures Public Notice, 18 FCC Rcd at 21181-83. See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). Qualcomm Incorporated Petition for Declaratory Ruling Giving Effect to the Mandate of the District of Columbia Circuit Court of Appeals, WT Docket No. 99-168, Order, 16 FCC Rcd 4042 (2000). Id. See also Qualcomm Incorporated Petition for Waiver of Certain Terms and Conditions of its Auction Discount Voucher, WT Docket No. 02-234, Order, 17
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- Band A, Memorandum Opinion and Order, 13 FCC Rcd. 11973, 11977, 11 (1998) (``Nevada Wireless''). 47 C.F.R. 1.65. $ h ? @ ] ` y { h@ h{ h9 h9 h9 ^gd9 h9 h see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555, 17. See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). 47 C.F.R. 1.1208; see ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). See 47 C.F.R. 1.2112(b)(2). PNG !R>^SS߿"Kker4 JdMOO ,I TV5 0z̪ %o a% Tf(c)
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1957A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1957A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1957A1.txt
- Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd. 11973, 11977, 11 (1998) (``Nevada Wireless''). 47 C.F.R. 1.65. 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555, 17. See Auction No. 52 Procedures Public Notice, 18 FCC Rcd at 2024-2026. See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 $ * 6 7 8 9 Q p q x ... F h[f PNG r v "r9 I'6 dY͆aX ; Wh X,aXy]\\.W`hva6l! v"]Vat-``````"m(c)x
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1957A1_Erratum.doc
- Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd. 11973, 11977, 11 (1998) (``Nevada Wireless''). 47 C.F.R. 1.65. 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555, 17. See Auction No. 52 Procedures Public Notice, 18 FCC Rcd at 2024-2026. See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 $ * 6 7 8 9 Q p q x ... F h[f PNG r v "r9 I'6 dY͆aX ; Wh X,aXy]\\.W`hva6l! v"]Vat-``````"m(c)x
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2086A6.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2086A6.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2086A6.txt
- to Provide 800 MHz Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd. 11973, 11977 11 (1998) (``Nevada Wireless''). 47 C.F.R. 1.65. 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). 47 C.F.R. 1.2112(b)(2). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 $ $ h " . / 0 1 I h i p } (c) " h h "" F F F F h
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2158A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2158A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2158A1.txt
- Auctions Accounting Group (Payment, FCC Form 159 and refund questions) Gail Glasser at 202-418-0578 International Bureau (FCC Form 312, including Schedule S) Selina Khan at (202) 418-7282 or Chip Fleming at 202-418-1247 Wireless Telecommunications Bureau, Auctions and Spectrum Access Division (Auction-related questions) Lisa Stover Project Manager at 717-338-2888 Brian Carter, Special Counsel at 202-418-0660 - FCC - 47 C.F.R. 1.2107(b). Id. See ``Auction of Direct Broadcast Satellite Service Licenses Rescheduled for July 14, 2004, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures,'' Public Notice, 19 FCC Rcd 2018 (2004) (``Auction No. 52 Procedures Public Notice''); 47 C.F.R. 1.2109(a). 47 C.F.R. 1.2107(c), 1.2109(a). Copies of the FCC Form 159 may be obtained by calling the
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- Telecommunications Bureau, Broadband Division (FCC Form 601 and 602 questions) Beth Fishel, Analyst, at 717-338-2687 Michael Pollak, Electronics Engineer, at 202-418-2467 Steve Buenzow, Electronics Engineer, at 717-338-2687 Mindy Littell, Attorney, at 202-418-2467 Wireless Telecommunications Bureau, Auctions and Spectrum Access Division (Auction-related questions) Barbara Sibert, Project Manager, at 717-338-2888 Brian Carter, Special Counsel, at 202-418-0660 - FCC - 47 C.F.R. 1.2107(b). In the event a bidder has withdrawn a bid(s) and is subject to a bid withdrawal payment(s), the bidder's upfront payment will be first applied to satisfy the withdrawal payment(s) before being applied toward its down payment. 47 C.F.R. 1.2104(g)(1). See Auction of Licenses in the Multichannel Video Distribution and Data Service rescheduled for January 14, 2004, Notice and
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- 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on February 17, 2004, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An applicant seeking tribal lands bidding credits in one or more, but not all markets, however, is encouraged
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- be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, January 26, 2004 (or 6:00 p.m. Eastern Time, February 9, 2004, along with the five percent late fee). The applicant should allow sufficient time for the wire transfer to be initiated
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- be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, January 26, 2004 (or 6:00 p.m. Eastern Time, February 9, 2004, along with the five percent late fee). The applicant should allow sufficient time for the wire transfer to be initiated
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- default. Late-filed applications will not be accepted without a showing of good cause. F. Tribal Land Bidding Credit The Commission has implemented a tribal land bidding credit to encourage the growth of wireless services in federally recognized tribal lands. For information relating to the tribal land bidding credit, see Attachment C. G. FCC Form 602 Pursuant to Sections 1.919 and 1.2107(f) of the Commission's rules, an applicant for a license in an auctionable service must have on file with the Commission a current FCC Form 602 regarding ownership information of the applicant. Therefore, unless the applicant already has a current FCC Form 602 on file with the Commission, the applicant must submit one at the time the FCC Form 601 is
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- 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on August 16, 2004, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An applicant seeking tribal lands bidding credits in one or more, but not all markets, however, is encouraged
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- 13 FCC Rcd. 11973, 11977, 11 (1998) (``Nevada Wireless''). 47 C.F.R. 1.65. 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555, 17. $ h 6 8 B C (c) " h@ h{ h9 h9 h9 ^gd9 h 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). 47 C.F.R. 1.1208; see ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). See 47 C.F.R. 1.2112(b)(2). PNG !R>^SS߿"Kker4 JdMOO ,I TV5 0z̪ %o a% Tf(c)
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- a License to Provide 800 MHz Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd. 11973, 11977 11 (1998). 47 C.F.R. 1.65. 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). 47 C.F.R. 1.2112(b)(2). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 $ $ 8 D E F G _ ~ `` $ F F F F h[f h{ h h h h
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- 11977 11 (1998). See id. at 11978. 47 C.F.R. 1.2105(c)(2) & (3). 47 C.F.R. 1.2105(c). See Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules, Public Notice, 11 FCC Rcd 9645 (1995). 47 C.F.R. 1.65. 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555, 17. 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2109(d). Id. Amendment of Parts 2 and 25 of the Commission's Rules to Permit Operation of NGSO FSS Systems Co-Frequency with GSO and Terrestrial Systems in the Ku-Band Frequency Range; Amendment of the Commission's Rules to Authorize Subsidiary Terrestrial Use of the 12.2-12.7 GHz Band by Direct Broadcast Satellite Licensees and Their Affiliates; and Applications of
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- a License to Provide 800 MHz Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd. 11973, 11977, 11 (1998) (``Nevada Wireless''). 47 C.F.R. 1.65. 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). 47 C.F.R. 1.1208; see ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). $ h 8 : F G H I x y
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2948A1_Erratum.doc
- a License to Provide 800 MHz Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd. 11973, 11977, 11 (1998) (``Nevada Wireless''). 47 C.F.R. 1.65. 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). 47 C.F.R. 1.1208; see ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). $ h 8 : F G H I x y
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- Land Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally recognized tribal lands that are unserved by any telecommunications carrier or that have a telephone service penetration rate equal to or below 70 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. 1.2107 and 1.2110(f). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal land bidding credit after winning the auction when it files its long-form application (FCC Form 601). When
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- in default. Late-filed applications will not be accepted without a showing of good cause. Tribal Land Bidding Credit The Commission has implemented a tribal land bidding credit to encourage the growth of wireless services in federally recognized tribal lands. For information relating to the tribal land bidding credit, see Attachment C. G. FCC Form 602 Pursuant to Sections 1.919 and 1.2107(f) of the Commission's rules, an applicant for a license in an auctionable service must have on file with the Commission a current FCC Form 602 regarding ownership information of the applicant. Therefore, unless the applicant already has a current FCC Form 602 on file with the Commission, the applicant must submit one at the time the FCC Form 601 is
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- 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on October 1, 2004, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An applicant seeking tribal lands bidding credits in one or more, but not all markets, however, is encouraged
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- MHz Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd 11973, 11977, 11 (1998) (``Nevada Wireless''). 47 C.F.R. 1.65. See also supra at 5. 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). 47 C.F.R. 73.5005. 47 C.F.R. 1.2112(b), 73.5005, 73.5007. See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section I: General Information, paragraph G: Item 10: Auction Authorization for auction-related exhibit filing requirements. PUBLIC NOTICE Federal Communications Commission 445 12th
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- payment of the winning bid amount. Facility authorizations will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction No. 54 will be dismissed following grant of the winning bidder's construction permit. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Time, on December 1, 2004 (or 6:00 p.m. Eastern Time, December 15, 2004, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated and for
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- Auction No. 58,'' Public Notice, DA 04-3005 (rel. Sept. 16, 2004) (``Auction No. 58 Procedures Public Notice''). Applicants that are winning bidders will be required to disclose in their long-form applications the specific terms, conditions, and parties involved in all bidding consortia, joint ventures, partnerships, and other arrangements entered into relating to the competitive bidding process. See 47 C.F.R. 1.2107(d). 47 C.F.R. 1.2105(a)(2)(viii), (c)(1). See also Auction No. 58 Procedures Public Notice at 10-11 (outlining requirements for completing Exhibit B disclosure of bidding agreements). 47 C.F.R. 1.2105(a)(2)(ix). See Western PCS BTA 1 Corp., 14 FCC Rcd 21571 (1999). Section 1.2105(c)(6) requires any such report to be submitted immediately but in no case later than five business days after
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- have defaulted and shall be subject to the payments set forth in Section 1.2104(g) of the Commission's rules. Applicants are encouraged to pay the FCC Form 301 application filing fee promptly in order to avoid processing delays. G. Additional Post-Auction Filing Requirements. Section 73.5005(a) of the Commission's rules requires that post-auction long form applications include the exhibits mandated by: Section 1.2107(d) (providing a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement the applicant had entered into relating to the competitive bidding process); Section 1.2110(j) (requiring an applicant claiming designated entity status to describe how it satisfies the eligibility requirements for such designated entity status, and to list and
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- be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, December 15, 2004 (or 6:00 p.m. Eastern Time, December 30, 2004, along with the five percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and
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- be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, December 15, 2004 (or 6:00 p.m. Eastern Time, December 30, 2004, along with the five percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and
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- be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, December 27, 2004 (or 6:00 p.m. Eastern Time, January 11, 2005, along with the five percent late fee). The applicant should allow sufficient time for the wire transfer to be initiated
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- Report and Order, 13 FCC Rcd at 434; see also 47 C.F.R. 1.2106(e) (In the event a payment ``is assessed pursuant to 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 payment . . .''); see also 47 C.F.R. 1.2104, 1.2109, 1.2107 See Letter from Margaret W. Wiener, Chief, Auctions and Industry Analysis Division, to Raymond Quianzon, counsel to TPS Utilicom, Inc, 18 FCC Rcd 21332 (WTB 2003). 47 C.F.R. 0.331. Janet Fitzpatrick Moran, Esq. DA 04-3884 December 13, 2004 Federal Communications Commission Washington, D.C. 20554 December 13, 2004 K W X h$
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- for a License to Provide 800 MHz Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd. 11973, 11977 11 (1998) . 47 C.F.R. 1.65. 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). 47 C.F.R. 1.1208. See Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes, Public Notice, 9 FCC Rcd 6760 (1994). See 47 C.F.R. 1.2112(b)(2). $ h h. - !
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- Tribal Lands Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally recognized tribal lands that are unserved by any telecommunications carrier or that have a wireline penetration rate equal to or below 85 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. 1.2107 and 1.2110(f). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal land bidding credit after winning the auction when it first files its long-form application (FCC Form 601).
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- be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). The applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, March 11, 2004 (or 6:00 p.m. Eastern Time, March 25, 2004, along with the five percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and
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- default. Late-filed applications will not be accepted without a showing of good cause. G. Tribal Land Bidding Credit The Commission has implemented a tribal land bidding credit to encourage the growth of wireless services in federally recognized tribal lands. For information relating to the tribal land bidding credit, see Attachment D. H. FCC Form 602 Pursuant to Sections 1.919 and 1.2107(f) of the Commission's rules, an applicant for a license in an auctionable service must have on file with the Commission a current FCC Form 602 regarding ownership information of the applicant. Therefore, unless the applicant already has a current FCC Form 602 on file with the Commission, the applicant must submit one at the time the FCC Form 601 is
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-578A5.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-578A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-578A5.txt
- 601 electronically. An applicant who fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on March 16, 2004, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An applicant seeking tribal lands bidding credits in one or more, but not all markets, however, is encouraged
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-61A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-61A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-61A1.txt
- be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, January 30, 2004 (or 6:00 p.m. Eastern Time, February 13, 2003, along with the five percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and
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- Land Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally recognized tribal lands that are unserved by any telecommunications carrier or that have a telephone service penetration rate equal to or below 70 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. 1.2107 and 1.2110(f). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal land bidding credit after winning the auction when it files its long-form application (FCC Form 601). When
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-666A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-666A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-666A1.txt
- be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, March 25, 2004 (or 6:00 p.m. Eastern Time, April 8, 2004, along with the five percent late fee). The applicant should allow sufficient time for the wire transfer to be initiated
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- be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, April 2, 2004 (or 6:00 p.m. Eastern Time, April 16, 2004, along with the five percent late fee). The applicant should allow sufficient time for the wire transfer to be initiated
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- be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, February 4, 2004 (or 6:00 p.m. Eastern Time, February 19, 2004, along with the five percent late fee). The applicant should allow sufficient time for the wire transfer to be initiated
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- the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permit for which the Commission has received timely final payments of the winning bid amount. A facility authorization will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by Mellon Bank by 6:00 p.m. ET, April 19, 2005. Late payments, which must include the five percent late fee, must be received by Mellon Bank by 6:00 p.m. ET, May 3, 2005. Applicants must allow sufficient time for the
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- Tribal Land Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally recognized tribal lands that are unserved by any telecommunications carrier or that have a wireline penetration rate equal to or below 85 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. 1.2107 and 1.2110(f). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal land bidding credit after winning the auction when it files its long-form application (FCC Form 601). When
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- a License to Provide 800 MHz Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd. 11973, 11977 11 (1998). 47 C.F.R. 1.65. 47 C.F.R. 1.65, 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. See 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. 1.2109(d). See 47 C.F.R. 1.2112(b)(2). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 h h $ $ h , . F F F F h[f
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- a License to Provide 800 MHz Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd. 11973, 11977 11 (1998). 47 C.F.R. 1.65. 47 C.F.R. 1.65, 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. See 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. 1.2109(d). See 47 C.F.R. 1.2112(b)(2). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 h h $ $ h , . F F F F h[f
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- B licenses for the Northern Atlantic, Mid-Atlantic, Southern Atlantic, and Mountain regions (as well as the Alaska region); and Telesaurus was the high bidder for the Channel Block B licenses for the Mississippi River, Southern Pacific, and Northern Pacific regions. The long-form application is submitted by the high bidder for a license after the bidding closes. See 47 C.F.R. 1.2107. See Wireless Telecommunications Bureau Announces That Applications for Automated Maritime Telecommunications System Licenses Are Accepted for Filing, Public Notice, 19 FCC Rcd 22067, 22070 (WTB 2004). Petitions to deny were due November 22, 2004. Id. (citing 47 C.F.R. 1.2108(b)). PSI filed an opposition. Opposition to Petition to Deny (filed Nov. 30, 2004) (Opposition). Petitioners filed a reply. Reply to
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- for April 26, 2005; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedures for Auction No. 59,'' Public Notice, 19 FCC Rcd 24,445, 24,456-57 (2004) (``Auction No. 59 Procedures Public Notice''). Your E-mail Motion does not comply with the deadlines and requirements set forth in the Auction No. 59 Procedures Public Notice and the Commission's rules. Section 1.2107 of the Commission's Rules governs the due date for down payments. 47 C.F.R. 1.2107. A down payment is the additional amount owed by a winning bidder after the close of an auction as may be necessary to bring the bidder's total deposits up to 20 percent of the high bid. Because we find that you have not established eligibility
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- in Value of Bids Placed By Ameer Flippin, An Individual, in Auction #58, In Accordance With 47 CFR 1.2108; Attached Listing of Long Form Applicants Being Motioned To Deny; By Pro Se Bidder, Ameer Flippin (received Mar. 1, 2005, by the Commission's Gettysburg, PA, office, and received Mar. 24, 2005 by the Commission's Mailroom, Washington, DC). See 47 C.F.R. 1.2107(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.''). For the list of applicants that applied to participate in
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- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by Mellon Bank by 6:00 p.m. ET, June 6, 2005. Late payments, which must include the five percent late fee, must be received by Mellon Bank by 6:00 p.m. ET, June 20, 2005. Applicants must allow sufficient time for the
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- result in default. Late-filed applications will not be accepted without a showing of good cause. Tribal Land Bidding Credit The Commission has implemented a tribal land bidding credit to encourage the growth of wireless services in federally recognized tribal lands. For information relating to the tribal land bidding credit, see Attachment E. FCC Form 602 Pursuant to sections 1.919 and 1.2107(f) of the Commission's rules, an applicant for a license in an auctionable service must have on file with the Commission a current FCC Form 602 reporting the applicant's complete and accurate ownership information. Therefore, unless the applicant already has a current FCC Form 602 on file with the Commission, the applicant must submit one at the time the FCC Form
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- 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on June 9, 2005, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). However, an applicant seeking tribal lands bidding credits in one or more, but not all markets, is encouraged
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- variety of applicants, including small businesses, rural telephone companies, and businesses owned by members of minority groups and women.'' Legal Basis: 47 U.S.C. 309(j). Section Number and Title: 1.2101 Purpose. 1.2102 Eligibility of applications for competitive bidding. 1.2103 Competitive bidding design options. 1.2104 Competitive bidding mechanisms. 1.2105 Bidding application and certification procedures; prohibition of collusion. 1.2106 Submission of upfront payments. 1.2107 Submission of down payment and filing of long-form applications. 1.2108 Procedures for filing petitions to deny against long-form applications. 1.2109 License grant, denial, default, and disqualifications. 1.2110 Designated entities. 1.2111 Assignment or transfer of control: unjust enrichment. PART 2 -- FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS SUBPART B -- ALLOCATION, ASSIGNMENT, AND USE OF RADIO FREQUENCIES
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- 11 (1998). Id., 13 FCC Rcd at 11978 13. See 47 C.F.R. 1.2105(c)(7)(i). See ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244, 11 FCC Rcd 9645 (1995). 47 C.F.R. 1.65. 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2109(d). Id. See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). See 47 C.F.R. 73.202. See, e.g., Charlotte Amalie, Frederiksted, and Christiansted, U.S. Virgin Islands, 19 FCC Rcd 30 (MB 2004); Cheyenne, Wyoming and Gering, Nebraska, 15 FCC Rcd 7528 (MMB 2000); Circleville, Ohio, 9 F.C.C.2d 159 (1967). See, e.g., Ammon, Idaho,
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- (g)(2), 1.2109(a), 73.5004. By public notice, the Media Bureau will announce the grant of the construction permit if the Commission has received the timely final payment of the winning bid amount. A construction permit will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Time, on June 28, 2005 (or 6:00 p.m. Eastern Time, July 13, 2005, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated and for
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- Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd 11973, 11977 11 (1998). Id., 13 FCC Rcd at 11978 13. 47 C.F.R. 1.65. 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). 47 C.F.R. 1.1208. See ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). . See 47 C.F.R. 1.2112(b)(2). $ h h. & (
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- Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd 11973, 11977 11 (1998). Id., 13 FCC Rcd at 11978 13. 47 C.F.R. 1.65. 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). 47 C.F.R. 1.1208. See ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). $ h J L X Y Z [ j o
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- a License to Provide 800 MHz Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd. 11973, 11977 11 (1998). 47 C.F.R. 1.65. 47 C.F.R. 1.65, 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. See 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. 1.2109(d). See 47 C.F.R. 1.2112(b)(2). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 h h $ $ $ h ; G I J b c d ' -
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- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by Mellon Bank by 6:00 p.m. ET, July 28, 2005. Late payments, which must include the five percent late fee, must be received by Mellon Bank by 6:00 p.m. ET, August 11, 2005. Applicants must allow sufficient time for the
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- a License to Provide 800 MHz Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd. 11973, 11977 11 (1998). 47 C.F.R. 1.65. 47 C.F.R. 1.65, 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. See 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. 1.2109(d). See 47 C.F.R. 1.2112(b)(2). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 h h $ $ $ h " # $ E F G H F F
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- Tribal Land Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally recognized tribal lands that are unserved by any telecommunications carrier or that have a wireline penetration rate equal to or below 85 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. 1.2107 and 1.2110(f). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal land bidding credit after winning the auction when it files its long-form application (FCC Form 601). When
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- Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd 11973, 11977 11 (1998). Id., 13 FCC Rcd at 11978 13. 47 C.F.R. 1.65. 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). 47 C.F.R. 1.1208. See ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). . See 47 C.F.R. 1.2112(b)(2), 73.5005. For auction-related long-form application exhibit
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- the growth of wireless services in federally recognized tribal lands by adopting a bidding credit program, we note that there are no such lands within the geographic area covered by the licenses offered in this auction. Thus, tribal lands bidding credits will not be available to winning bidders in Auction No. 60. FCC Form 602 Pursuant to sections 1.919 and 1.2107(f) of the Commission's rules, an applicant for a license in an auctionable service must have on file with the Commission a current FCC Form 602 reporting the applicant's complete and accurate ownership information. Filing an FCC Form 602 is a separate requirement from, and in addition to, the ownership reporting requirements associated with filing FCC Form 601, Exhibit A, as
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- 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on August 19, 2005, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms to be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). II. FILING FCC FORM 601 ELECTRONICALLY . Select the Online Filing button from this page. and select the
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- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by Mellon Bank by 6:00 p.m. ET, August 29, 2005. Late payments, which must include the five percent late fee, must be received by Mellon Bank by 6:00 p.m. ET, September 13, 2005. Applicants must allow sufficient time for the
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- be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, September 9, 2005 (or 6:00 p.m. Eastern Time, September 23, 2005, along with the five percent late fee). The applicant should allow sufficient time for the wire transfer to be initiated
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- be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, September 9, 2005 (or 6:00 p.m. Eastern Time, September 23, 2005, along with the five percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and
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- result in default. Late-filed applications will not be accepted without a showing of good cause. Tribal Land Bidding Credit The Commission has implemented a tribal land bidding credit to encourage the growth of wireless services in federally recognized tribal lands. For information relating to the tribal land bidding credit, see Attachment D. FCC Form 602 Pursuant to sections 1.919 and 1.2107(f) of the Commission's rules, an applicant for a license in an auctionable service must have on file with the Commission a current FCC Form 602 reporting the applicant's complete and accurate ownership information. Filing an FCC Form 602 is a separate requirement from, and in addition to, the ownership reporting requirements associated with filing FCC Form 601, Exhibit A, as
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- 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on September 7, 2005, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms to be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). However, an applicant seeking tribal lands bidding credits in one or more, but not all markets, is encouraged
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- Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd 11973, 11977 11 (1998). Id., 13 FCC Rcd at 11978 13. 47 C.F.R. 1.65. 47 C.F.R. 1.65, 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. See 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. 1.2109(d). See 47 C.F.R. 1.2107 and 73.5005. See also Broadcast First Report and Order, 13 FCC Rcd at 15984-85 163-64. See Broadcast First Report and Order, 13 FCC Rcd at 15984 164. See 47 C.F.R. 1.2112(b), 73.5005, 73.5007 and 73.5008. See 47 C.F.R.
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- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permit for which the Commission has received timely final payment of the winning bid amount. The facility authorization will be issued shortly thereafter. PAYMENT INSTRUCTIONS Payment must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal check, cashier's check or other form of payment will be accepted. Timely wire transfer payments must be received by Mellon Bank by 6:00 p.m. ET, September 23, 2005. Late payment, which must include the five percent late fee, must be received by Mellon Bank by 6:00 p.m. ET, October 7, 2005. The applicant must allow sufficient time for
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2442A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2442A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2442A1.txt
- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by Mellon Bank by 6:00 p.m. ET, October 6, 2005. Late payments, which must include the five percent late fee, must be received by Mellon Bank by 6:00 p.m. ET, October 21, 2005. Applicants must allow sufficient time for the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2478A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2478A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2478A1.txt
- Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd 11973, 11977 11 (1998). Id., 13 FCC Rcd at 11978 13. 47 C.F.R. 1.65. 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 PNG r v "r9 I'6 dY͆aX ; Wh X,aXy]\\.W`hva6l! v"]Vat-``````"m(c)x
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2543A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2543A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2543A1.txt
- be subject to the payments set forth in Section 1.2104(g) of the Commission's rules. Applicants are encouraged to pay the FCC Form 346 or 301-CA application filing fee electronically using CDBS filing system in order to avoid processing delays. Additional Post-Auction Filing Requirements Section 73.5005(a) of the Commission's rules requires that post-auction long-form applications include the exhibits mandated by: Section 1.2107(d) (providing a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement the applicant had entered into relating to the competitive bidding process); Section 1.2110(j) (requiring an applicant claiming designated entity status to describe how it satisfies the eligibility requirements for such designated entity status, and to list and
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 05-2686 October 13 , 2005 Bruce A. Henoch, Esq. Shulman Rogers Gandal Pordy & Ecker, P.A. 11921 Rockville Pike Rockville, MD 20852 Re: Requests for Waiver of 47 C.F.R. 1.2107(c) Nevada Power Company, File No. 0002204752 Sierra Pacific Power Company, File No. 0002204776 Dear Mr. Henoch: This letter responds to your letter of June 15, 2005, which seeks a waiver of Section 1.2107(c) of the Commission's rules to permit the late filing of long-form applications for authorization (FCC Form 601) by Auction No. 59 winning bidders Nevada Power Company (NPC)
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 05-2687 October 13, 2005 Bruce A. Henoch, Esq. Shulman Rogers Gandal Pordy & Ecker, P.A. 11921 Rockville Pike Rockville, MD 20852 Re: Request for Waiver of 47 C.F.R. 1.2107(c) Repeater Network LLC, File No. 0002217644 Dear Mr. Henoch: This letter responds to your letter of June 15, 2005, which seeks a waiver of Section 1.2107(c) of the Commission's rules to permit the late filing of a long-form application for authorization (FCC Form 601) by Auction No. 59 winning bidder Repeater Network LLC (RN). For the reasons stated below, we
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2688A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2688A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2688A1.txt
- Content-Type: text/plain Content-Transfer-Encoding: 8bit P` DA 05-2688 October 13, 2005 Audrey P. Rasmussen, Esq. Hall, Estill, Hardwick, Gable, Golden & Nelson 1120 20th Street, N.W., Suite 700 Washington, D.C. 20036-3406 Re: Request for Waiver of 47 C.F.R. 1.2107(c) Paging Systems, Inc., File No. 0002232564 Dear Ms. Rasmussen: This letter responds to your letter of July 7, 2005, which seeks a waiver of Section 1.2107(c) of the Commission's rules to permit the late filing of the long-form application for authorization (FCC Form 601) by Auction No. 59 winning bidder Paging Systems, Inc. (PSI). For the reasons stated below, we
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2700A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2700A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2700A1.txt
- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by Mellon Bank by 6:00 p.m. ET, October 31, 2005. Late payments, which must include the five percent late fee, must be received by Mellon Bank by 6:00 p.m. ET, November 15, 2005. Applicants must allow sufficient time for the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2732A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2732A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2732A1.txt
- Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd 11973, 11977 11 (1998). Id., 13 FCC Rcd at 11978 13. 47 C.F.R. 1.65. 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). 47 C.F.R. 1.1208. See ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). $ h ^ ` l m n o ~
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-277A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-277A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-277A1.txt
- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by Mellon Bank by 6:00 p.m. EST, February 18, 2005. Late payments, which must include the five percent late fee, must be received by Mellon Bank by 6:00 p.m. EST, March 7, 2005. Applicants must allow sufficient time for the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2892A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2892A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2892A1.txt
- Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd 11973, 11977 11 (1998). Id., 13 FCC Rcd at 11978 13. 47 C.F.R. 1.65. 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). 47 C.F.R. 1.1208. See ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). . See 47 C.F.R. 1.2112(b)(2), 73.5005. See also Instructions for Form
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2960A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2960A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2960A1.txt
- Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd 11973, 11977 11 (1998). Id., 13 FCC Rcd at 11978 13. 47 C.F.R. 1.65. 47 C.F.R. 1.65, 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. See 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. 1.2109(d). See 47 C.F.R. 1.2112(b)(2). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 h h $ $ $ h h 9 : ; < n q r s F F
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2987A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2987A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2987A1.txt
- to the applicant. It will be considered to be a material misrepresentation of fact to the Commission by the applicant if the facsimile, as received, fails to clearly and accurately identify the name of the Auction No. 64 applicant. 47 C.F.R. 1.2105(c)(6); see also Seventh Report and Order, 16 FCC Rcd at 17555 17 . 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). In cases where specific instances of collusion in the competitive bidding process are alleged in the petition to deny process, the Commission may conduct an investigation or refer such matters to the United States Department of Justice for investigation. See Competitive Bidding Second Report and Order, 9 FCC Rcd at 2388
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- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by Mellon Bank by 6:00 p.m. ET, December 6, 2005. Late payments, which must include the five percent late fee, must be received by Mellon Bank by 6:00 p.m. ET, December 20, 2005. Applicants must allow sufficient time for the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3164A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3164A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3164A1.txt
- result in default. Late-filed applications will not be accepted without a showing of good cause. Tribal Land Bidding Credit The Commission has implemented a tribal land bidding credit to encourage the growth of wireless services in federally recognized tribal lands. For information relating to the tribal land bidding credit, see Attachment D. FCC Form 602 Pursuant to sections 1.919 and 1.2107(f) of the Commission's rules, an applicant for a license in an auctionable service must have on file with the Commission a current FCC Form 602 reporting the applicant's complete and accurate ownership information. Filing an FCC Form 602 is a separate requirement from, and in addition to, the ownership reporting requirements associated with filing FCC Form 601, Exhibit A, as
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3164A5.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3164A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3164A5.txt
- 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on December 29, 2005, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms to be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). However, an applicant seeking tribal lands bidding credits in one or more, but not all markets, is encouraged
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3204A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3204A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3204A1.txt
- Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd 11973, 11977 11 (1998). Id., 13 FCC Rcd at 11978 13. 47 C.F.R. 1.65. 47 C.F.R. 1.65, 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. See 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. 1.2109(d). See 47 C.F.R. 1.2107 and 73.5005. See also Broadcast First Report and Order, 13 FCC Rcd at 15984-85 163-64. See Broadcast First Report and Order, 13 FCC Rcd at 15984 164. See 47 C.F.R. 1.2112(b), 73.5005, 73.5007 and 73.5008. See also Instructions for
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3204A1_Erratum.doc
- Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd 11973, 11977 11 (1998). Id., 13 FCC Rcd at 11978 13. 47 C.F.R. 1.65. 47 C.F.R. 1.65, 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. See 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. 1.2109(d). See 47 C.F.R. 1.2107 and 73.5005. See also Broadcast First Report and Order, 13 FCC Rcd at 15984-85 163-64. See Broadcast First Report and Order, 13 FCC Rcd at 15984 164. See 47 C.F.R. 1.2112(b), 73.5005, 73.5007 and 73.5008. See also Instructions for
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-356A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-356A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-356A1.txt
- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by Mellon Bank by 6:00 p.m. EST, February 28, 2005. Late payments, which must include the five percent late fee, must be received by Mellon Bank by 6:00 p.m. EST, March 14, 2005. Applicants must allow sufficient time for the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-426A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-426A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-426A1.txt
- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by Mellon Bank by 6:00 p.m. EST, March 7, 2005. Late payments, which must include the five percent late fee, must be received by Mellon Bank by 6:00 p.m. EST, March 21, 2005. Applicants must allow sufficient time for the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-459A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-459A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-459A1.txt
- result in default. Late-filed applications will not be accepted without a showing of good cause. Tribal Land Bidding Credit The Commission has implemented a tribal land bidding credit to encourage the growth of wireless services in federally recognized tribal lands. For information relating to the tribal land bidding credit, see Attachment E. FCC Form 602 Pursuant to sections 1.919 and 1.2107(f) of the Commission's rules, an applicant for a license in an auctionable service must have on file with the Commission a current FCC Form 602 reporting the applicant's complete and accurate ownership information. Therefore, unless the applicant already has a current FCC Form 602 on file with the Commission, the applicant must submit one at the time the FCC Form
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-459A6.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-459A6.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-459A6.txt
- 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on March 7, 2005, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). However, an applicant seeking tribal lands bidding credits in one or more, but not all markets, is encouraged
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-474A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-474A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-474A1.txt
- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by Mellon Bank by 6:00 p.m. EST, March 11, 2005. Late payments, which must include the five percent late fee, must be received by Mellon Bank by 6:00 p.m. EST, March 25, 2005. Applicants must allow sufficient time for the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-51A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-51A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-51A1.txt
- a License to Provide 800 MHz Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd. 11973, 11977 11 (1998). 47 C.F.R. 1.65. 47 C.F.R. 1.65, 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. See 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. 1.2109(d). See 47 C.F.R. 1.2112(b)(2). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 h h h (R) $ $ h h a b (R) '(R) F h h h[f h{
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-529A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-529A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-529A1.txt
- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by Mellon Bank by 6:00 p.m. EST, March 18, 2005. Late payments, which must include the five percent late fee, must be received by Mellon Bank by 6:00 p.m. EST, April 1, 2005. Applicants must allow sufficient time for the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-615A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-615A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-615A1.txt
- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by Mellon Bank by 6:00 p.m. EST, March 25, 2005. Late payments, which must include the five percent late fee, must be received by Mellon Bank by 6:00 p.m. EST, April 8, 2005. Applicants must allow sufficient time for the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-693A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-693A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-693A1.txt
- re Application of Nevada Wireless for a License to Provide 800 MHz Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd. 11973, 11977 11 (1998) . 47 C.F.R. 1.65. $ 4 5 § B, 16 FCC Rcd at 17555 17. 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). 47 C.F.R. 1.1208. See Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes, Public Notice, 9 FCC Rcd 6760 (1994). See 47 C.F.R. 1.2112(b)(2). PNG !R>^SS߿"Kker4 JdMOO ,I TV5 0z̪
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-737A1_Erratum.pdf
- web page. 17 47 C.F.R. 1.2105(c)(2) & (3). 18 47 C.F.R. 1.2105(c). 19 See Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules, Public Notice, 11 FCC Rcd 9645 (1995). 20 47 C.F.R. 1.65. 21 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. 22 47 C.F.R. 1.2107(d). 23 See 47 C.F.R. 1.2109(d). 24 Id. 5 3. Interference Protection of Television Services Among other licensing and technical rules, new Lower 700 MHz band licensees must comply with the interference protection requirements set forth in Section 27.60 of the Commission's rules.25 Generally, Section 27.60 establishes standards for protection of co- and adjacent-channel analog TV and DTV facilities. Thus,
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- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by Mellon Bank by 6:00 p.m. ET, April 19, 2005. Late payments, which must include the five percent late fee, must be received by Mellon Bank by 6:00 p.m. ET, May 3, 2005. Applicants must allow sufficient time for the
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- requirements to enable the Commission to monitor Verizon Airfone's migration of its narrowband subscribers to a new broadband system. Recordkeeping and Other Compliance Requirements The Report and Order does not establish new reporting, recordkeeping, or other compliance requirements but extends the Commission's existing Part 1 competitive bidding rules to the Air-Ground Radiotelephone Service. See 47 C.F.R. 1.2105 (short-form applications), 1.2107 (long-form applications). While these application requirements are new with respect to applicants in the air-ground services, they are the same application requirements the Commission has applied to other auctionable services for a number of years. The requirement of filing applications on appropriate forms is necessary in order to ensure that applicants are qualified to participate in auctions and hold licenses.
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- Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, WT Docket No. 97-82, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997) (amending the Commission's Part 1 competitive bidding rules); see also 47 C.F.R. 1.2109(a) (as amended). See 47 C.F.R. 1.2109(a). See e.g. 47 C.F.R. 1.2104(g), 1.2107(b), 1.2109, 73.5003(c); see also Broadcast First Report and Order, 13 FCC Rcd at 15960 160; Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (WTB 1996). See generally 47 C.F.R. 1.2104 (g)(2), 1.2109(a), 73.5004. See 47 C.F.R. 1.2107(b). gd gd $ $ h h h
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- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by Mellon Bank by 6:00 p.m. ET, June 21, 2006. Late payments, which must include the five percent late fee, must be received by Mellon Bank by 6:00 p.m. ET, July 6, 2006. Applicants must allow sufficient time for the
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- application before the specified deadline and fails to establish good cause for any late-filed submission shall be deemed to have defaulted and shall be subject to the payments set forth in Section 1.2104(g) of the Commission's rules. Tribal Lands Bidding Credit Tribal Lands Bidding Credit is not available in Auction No. 65. FCC Form 602 Pursuant to Sections 1.919 and 1.2107(f) of the Commission's rules, an applicant for a license in an auctionable service must have on file with the Commission a current FCC Form 602 reporting the applicant's complete and accurate ownership information. Filing an FCC Form 602 is a separate requirement from, and in addition to, the ownership reporting requirements associated with filing FCC Form 601, Exhibit A, as
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- An applicant that fails to submit the required FCC Form 601 application(s) before 6:00 p.m. Eastern Time (ET) on June 21, 2006, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2107(c). II. FILING FCC FORM 601 ELECTRONICALLY . Select the Log In button in the Online Filing section from this page. and select the Log In button in the Online Filing section. . On the ULS License Manager Login page, enter the applicant's FCC Registration Number (FRN) and password. Click Submit. ULS will verify you have a valid FRN or otherwise
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- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by Mellon Bank by 6:00 p.m. ET, June 26, 2006. Late payments, which must include the five percent late fee, must be received by Mellon Bank by 6:00 p.m. ET, July 11, 2006. Applicants must allow sufficient time for the
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- Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, WT Docket No. 97-82, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997) (amending the Commission's Part 1 competitive bidding rules); see also 47 C.F.R. 1.2109(a) (as amended). See 47 C.F.R. 1.2109(a). See e.g. 47 C.F.R. 1.2104(g), 1.2107(b), 1.2109, 73.5003(c); see also Broadcast First Report and Order, 13 FCC Rcd at 15960 160; Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (WTB 1996). See generally 47 C.F.R. 1.2104 (g)(2), 1.2109(a), 73.5004. See 47 C.F.R. 1.2107(b). gd gd $ $ h h h
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- for Auction No. 66,'' Public Notice, 21 FCC Rcd 5598 (2006). See 47 C.F.R. 1.2106. See 47 C.F.R. 1.65 (an applicant must maintain the accuracy and completeness of information furnished in its pending application and notify the Commission within 30 days of any substantial change that may be of decisional significance to that application). See 47 C.F.R. 1.2107 - 1.2110; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Second Report and Order, 9 FCC Rcd 2348, 2376-77 163-168 (1994). As indicated in the attachments to this public notice, three applicants have requested waivers of Commission rules in their applications: (i) Allcom Communications, Inc.; (ii) Scott D. Reiter; and (iii) Shoreline Investments
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- Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, WT Docket No. 97-82, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997) (amending the Commission's Part 1 competitive bidding rules); see also 47 C.F.R. 1.2109(a) (as amended). See 47 C.F.R. 1.2109(a). See e.g. 47 C.F.R. 1.2104(g), 1.2107(b), 1.2109, 73.5003(c); see also Broadcast First Report and Order, 13 FCC Rcd at 15960 160; Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (WTB 1996). See generally 47 C.F.R. 1.2104 (g)(2), 1.2109(a), 73.5004. See 47 C.F.R. 1.2107(b). gd gd $ $ h h h
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- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by Mellon Bank by 6:00 p.m. ET, August 1, 2006. Late payments, which must include the five percent late fee, must be received by Mellon Bank by 6:00 p.m. ET, August 15, 2006. Applicants must allow sufficient time for the
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- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by Mellon Bank by 6:00 p.m. ET, February 9, 2006. Late payments, which must include the five percent late fee, must be received by Mellon Bank by 6:00 p.m. ET, February 24, 2006. Applicants must allow sufficient time for the
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- FCC Rcd 6606, 6607 (WTB 2002); City Page & Cellular Services, Inc., 17 FCC Rcd 26109, 22611-12 (WTB 2002); Pinpoint Communications, Inc., 14 FCC Rcd 6421 (WTB 1999). Winning bidders in Auction No. 62 were required to have on deposit, by February 23, 2006, sufficient funds to cover twenty percent of their respective total winning bids. See 47 C.F.R. 1.2107(b); Auction No. 62 Closing Public Notice. 47 U.S.C. 503(b)(1)(B). See also 47 C.F.R. 1.80(a)(1). 47 U.S.C. 312(f)(1). See H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982). See Southern California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991). See Forfeiture Policy Statement and Amendment of Section 1.80(b) of the Rules to Incorporate
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- eligible for a bidding credit. Dakota Wireless amended its application and requested the 15% bidding credit instead of 25% bidding credit. Therefore, it is qualified to bid in the auction at the decreased bidding credit level as shown in Attachment A. See 47 C.F.R. 1.2105(c); Auction No. 66 Procedures Public Notice at 4569-71 15-19. See 47 C.F.R. 1.2107 - 1.2110; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Second Report and Order, 9 FCC Rcd 2348, 2376-77 163-168 (1994). As indicated in Attachment A to this public notice, two qualified bidders have requested waiver of Commission rules in their applications: (i) Allcom Communications, Inc. and (ii) Shoreline Investments LLC. Listing these
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- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by Mellon Bank by 6:00 p.m. ET, August 18, 2006. Late payments, which must include the five percent late fee, must be received by Mellon Bank by 6:00 p.m. ET, September 1, 2006. Applicants must allow sufficient time for the
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- are provided in Section 27.15 of the Commission's Rules, 47 C.F.R. 27.15. Application and Auction Regulations The AWS-1 Report and Order and AWS-1 Order on Reconsideration do not establish new reporting, recordkeeping, or other compliance requirements, but extend the Commission's existing Part 1 application and competitive bidding rules to Advanced Wireless Services. See 47 C.F.R. 1.2105 (short-form applications), 1.2107 (long-form applications); see also 47 C.F.R. 1.901-1.981 (application requirements and procedures). While these application requirements are new with respect to applicants in Advanced Wireless Services, they are substantially consistent with the application requirements the Commission has applied to other auctionable services for several years. The requirement of filing applications on appropriate forms is necessary in order to ensure that
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- shall be subject to the payments set forth in Section 1.2104(g) of the Commission's rules. Tribal Lands Bidding Credit The Commission has implemented a tribal lands bidding credit to encourage the growth of wireless services in federally recognized tribal lands. For information relating to the tribal lands bidding credit, see Attachment D. FCC Form 602 Pursuant to Sections 1.919 and 1.2107(f) of the Commission's rules, an applicant for a license in an auctionable service must have on file with the Commission a current FCC Form 602 reporting the applicant's complete and accurate ownership information. Filing an FCC Form 602 is a separate requirement from, and in addition to, the ownership reporting requirements associated with filing FCC Form 601, Exhibit A, as
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- An applicant that fails to submit the required FCC Form 601 application(s) before 6:00 p.m. Eastern Time (ET) on October 4, 2006, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms to be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market names(s). However, an applicant seeking tribal lands bidding credits in one or more markets, but not all markets, is
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- Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, WT Docket No. 97-82, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997) (amending the Commission's Part 1 competitive bidding rules); see also 47 C.F.R. 1.2109(a) (as amended). See 47 C.F.R. 1.2109(a). See e.g. 47 C.F.R. 1.2104(g), 1.2107(b), 1.2109, 73.5003(c); see also Broadcast First Report and Order, 13 FCC Rcd at 15960 160; Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (WTB 1996). See generally 47 C.F.R. 1.2104 (g)(2), 1.2109(a), 73.5004. See 47 C.F.R. 1.2107(b). gd gd $ $ h h h
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- Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules, Public Notice, 11 FCC Rcd 9645 (1995) (``Anti-Collusion Public Notice''). Nevada Wireless Order, 13 FCC Rcd at 11978 13. Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Memorandum Opinion and Order, 9 FCC Rcd 7684, 7689 12 (1994). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Third Further Notice of Proposed Rule Making, 14 FCC Rcd 21558, 21560 4 and n. 4 (1999) citing Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Memorandum Opinion and Order, 9 FCC Rcd
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- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by Mellon Bank by 6:00 p.m. ET, October 26, 2006. Late payments, which must include the five percent late fee, must be received by Mellon Bank by 6:00 p.m. ET, November 9, 2006. Applicants must allow sufficient time for the
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- Tribal Lands Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally recognized tribal lands that are unserved by any telecommunications carrier or that have a wireline penetration rate equal to or below 85 percent is eligible to receive a tribal lands bidding credit as set forth in 47 C.F.R. 1.2107 and 1.2110(f). A tribal lands bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal lands bidding credit after winning the auction when it files its long-form application (FCC Form 601). When
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- Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, WT Docket No. 97-82, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997) (amending the Commission's Part 1 competitive bidding rules); see also 47 C.F.R. 1.2109(a) (as amended). See 47 C.F.R. 1.2109(a). See e.g., 47 C.F.R. 1.2104(g), 1.2107(b), 1.2109, 73.5003; see also Broadcast Competitive Bidding First Report and Order, 13 FCC Rcd at 15983 161; Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (WTB 1996). See generally 47 C.F.R. 1.2104 (g)(2), 1.2109(a). See 47 C.F.R. 1.2107(b). gd gd $ $ h h h
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- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by Mellon Bank by 6:00 p.m. ET, November 13, 2006. Late payments, which must include the five percent late fee, must be received by Mellon Bank by 6:00 p.m. ET, November 28, 2006. Applicants must allow sufficient time for the
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- Released: October 26, 2006 By the Chief, Broadband Division, Wireless Telecommunications Bureau: Three winning bidders in Auction No. 66 for licenses in the Advanced Wireless Services (``AWS-1'') - AST Telecom, LLC (``AST''); Public Service Wireless Services, Inc. (``Public Service''); and Cavalier Wireless, LLC (``Cavalier'') (collectively ``Applicants'') - individually filed requests for waiver of the long-form application deadline specified in section 1.2107(c) of the Commission's rules. The three Applicants request that the Commission allow them to complete submission of their long-form applications, FCC Form 601s, after the October 4, 2006 deadline for filing applications in Auction No. 66. AST and Public Service also request that the Commission not disqualify them from holding AWS licenses and otherwise not hold them in default under
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- Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules, Public Notice, 11 FCC Rcd 9645 (1995) (``Anti-Collusion Public Notice''). Nevada Wireless Order, 13 FCC Rcd at 11978 13. Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Memorandum Opinion and Order, 9 FCC Rcd 7684, 7689 12 (1994). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Third Further Notice of Proposed Rule Making, 14 FCC Rcd 21558, 21560 4 and n. 4 (1999) citing Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Memorandum Opinion and Order, 9 FCC Rcd
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- 0.283 and 0.331 of the Commission's rules, 47 C.F.R. 0.283 and 0.331. Sincerely, Margaret Wiener Chief, Auctions and Spectrum Access Division Wireless Telecommunications Bureau See ``Auction of FM Broadcast Construction Permits Closes, Winning Bidders Announced for Auction No. 62,'' Public Notice, 21 FCC Rcd. 1071 (Feb 08, 2006) (``Auction No. 62 Closing Public Notice''). See 47 C.F.R. 1.2104(g), 1.2107(c), 73.5005(c). See 47 C.F.R 1.2104(g)(2). Id. Id. Id. See Part 1 Third Report and Order, 13 FCC Rcd 374, 434 102; Competitive Bidding Fifth Report and Order, 9 FCC Rcd at 5563 n.51; see also Competitive Bidding Second Report and Order, 9 FCC Rcd at 2382-83 197. See Auction No. 62 Closing Public Notice. See 47 C.F.R.
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- Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, WT Docket No. 97-82, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997) (amending the Commission's Part 1 competitive bidding rules); see also 47 C.F.R. 1.2109(a) (as amended). See 47 C.F.R. 1.2109(a). See e.g., 47 C.F.R. 1.2104(g), 1.2107(b), 1.2109, 73.5003; see also Broadcast Competitive Bidding First Report and Order, 13 FCC Rcd at 15983 161; Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (WTB 1996). See generally 47 C.F.R. 1.2104 (g)(2), 1.2109(a). See 47 C.F.R. 1.2107(b). gd gd $ $ h h h
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- our competitive bidding rules for participation in the auction. We note that under the Commission's two-phased auction application process, a winning bidder must submit a long-form application after the close of the auction to demonstrate its qualifications to hold a Commission license and, if a bidding credit is requested, its eligibility for the bidding credit requested. See 47 C.F.R. 1.2107 - 1.2109, 73.5002 - 73.5009; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Second Report and Order, 9 FCC Rcd 2348, 2376-77 163-168 (1994). Thus a determination that a short-form application is complete and complies with the Commission's competitive bidding rules and policies is not determinative of an applicant's qualifications to hold a
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- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by Mellon Bank by 6:00 p.m. ET, December 27, 2006. Late payments, which must include the five percent late fee, must be received by Mellon Bank by 6:00 p.m. ET, January 11, 2007. Applicants must allow sufficient time for the
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- and shall be subject to the payments set forth in Section 1.2104(g) of the Commission's rules. Applicants are encouraged to pay the FCC Form 301 application filing fee electronically using CDBS filing system in order to avoid processing delays. Additional Post-Auction Filing Requirements Section 73.5005(a) of the Commission's rules requires that post-auction long-form applications include the exhibits mandated by: Section 1.2107(d) (providing a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement the applicant had entered into relating to the competitive bidding process); Section 1.2110(j) (requiring an applicant claiming designated entity status to describe how it satisfies the eligibility requirements for such designated entity status, and to list and
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- of mass communications or any existing media of mass communications in the ``same area'' as the broadcast facility proposed by the applicant. 47 C.F.R. 73.5007. See 47 C.F.R. 73.5007(b)(1)-(3) for the specific service definitions of ``same area.'' See 47 C.F.R. 1.2105(c); Auction No. 68 Procedures Public Notice, 21 FCC Rcd 11150-53 10-18. See 47 C.F.R. 1.2107 - 1.2109, 73.5002 - 73.5009; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Second Report and Order, 9 FCC Rcd 2348, 2376-77 163-168 (1994). Requests concerning application qualifications and eligibility for the new entrant bidding credit are generally considered after the auction during the long-form application process. In the event that an applicant
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- of mass communications or any existing media of mass communications in the ``same area'' as the broadcast facility proposed by the applicant. 47 C.F.R. 73.5007. See 47 C.F.R. 73.5007(b)(1)-(3) for the specific service definitions of ``same area.'' See 47 C.F.R. 1.2105(c); Auction No. 68 Procedures Public Notice, 21 FCC Rcd 11150-53 10-18. See 47 C.F.R. 1.2107 - 1.2109, 73.5002 - 73.5009; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Second Report and Order, 9 FCC Rcd 2348, 2376-77 163-168 (1994). Requests concerning application qualifications and eligibility for the new entrant bidding credit are generally considered after the auction during the long-form application process. In the event that an applicant
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- Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd 11973, 11977 11 (1998). Id., 13 FCC Rcd at 11978 13. 47 C.F.R. 1.65. 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). 47 C.F.R. 1.1208. See ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). . See 47 C.F.R. 1.2112(b)(2), 73.5005. See also Instructions for Form
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- and reported having no bidding agreement). See ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice DA 95-2244, 11 FCC Rcd 9645 (1995). Nevada Wireless MO&O, 13 FCC Rcd at 11978 13. 47 C.F.R. 1.65. 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). In cases where specific instances of collusion in the competitive bidding process are alleged in the petition to deny process, the Commission may conduct an investigation or refer such matters to the United States Department of Justice for investigation. See Competitive Bidding Second Report and Order, 9 FCC Rcd at 2388
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- Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd 11973, 11977 11 (1998). Id., 13 FCC Rcd at 11978 13. 47 C.F.R. 1.65. 47 C.F.R. 1.65, 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. See 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. 1.2109(d). See 47 C.F.R. 1.2107 and 73.5005. See also Broadcast Competitive Bidding First Report and Order, 13 FCC Rcd at 15984-85 163-64. See id., 13 FCC Rcd at 15984 164. See 47 C.F.R. 1.2112(b), 73.5005, 73.5007 and 73.5008. See also Instructions for Form 301,
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- payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction No. 81 will be dismissed following grant of the winning bidders' construction permits. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Time, on March 31, 2006 (or 6:00 p.m. Eastern Time, April 14, 2006, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated and for
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- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by Mellon Bank by 6:00 p.m. ET, April 5, 2006. Late payments, which must include the five percent late fee, must be received by Mellon Bank by 6:00 p.m. ET, April 19, 2006. Applicants must allow sufficient time for the
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- shall be subject to the payments set forth in Section 1.2104(g) of the Commission's rules. Applicants are encouraged to pay the FCC Form 301 application filing fee electronically using the CDBS filing system in order to avoid processing delays. Additional Post-Auction Filing Requirements Section 73.5005(a) of the Commission's rules requires that post-auction long-form applications include the exhibits mandated by: Section 1.2107(d) (providing a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement the applicant had entered into relating to the competitive bidding process); Section 1.2110(j) (requiring an applicant claiming designated entity status to describe how it satisfies the eligibility requirements for such designated entity status, and to list and
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- long-form filing deadline, requested a waiver of that deadline. On October 13, 2005, the Bureau's Public Safety and Critical Infrastructure Division (Division or PSCID) granted PSI's waiver request. The Division found that PSI had demonstrated that a waiver was warranted under Section 1.925(b)(3) of the Commission's Rules because granting such relief to PSI would not undermine the purpose of Section 1.2107(c), the rule which requires the timely filing of long-form applications, and would serve the public interest. The Division explained that ``[a]n underlying purpose of post-auction application deadlines is to ensure that winning bidders satisfy the Commission's qualification and eligibility requirements in a timely manner and so avoid `delays in the deployment of new services to the public that would result
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- Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd 11973, 11977 11 (1998). Id., 13 FCC Rcd at 11978 13. 47 C.F.R. 1.65. 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. 1.2109(d). See 47 C.F.R. 1.1208. See ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). . See 47 C.F.R. 1.2112(b)(2). PUBLIC NOTICE Federal Communications
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- 1.2105(c)(7)(i). See Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules, Public Notice, 11 FCC Rcd 9645 (1995) (``Anti-Collusion Public Notice''). Id., 13 FCC Rcd at 11978 13. Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Memorandum Opinion and Order, 9 FCC Rcd 7684, 7689 12 (1994). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Third Further Notice of Proposed Rule Making, 14 FCC Rcd 21558, 21560 4 and n. 4 (1999) citing Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Memorandum Opinion and Order, 9 FCC Rcd
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- Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd 11973, 11977 11 (1998). Id., 13 FCC Rcd at 11978 13. 47 C.F.R. 1.65. 47 C.F.R. 1.65, 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. See 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. 1.2109(d). See 47 C.F.R. 1.2107. See 47 C.F.R. 1.2112(b)(2). See 47 C.F.R. 1.2107, 1.2109(a). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 $ $ hd # $ 0 3 K L
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- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by Mellon Bank by 6:00 p.m. ET, May 22, 2006. Late payments, which must include the five percent late fee, must be received by Mellon Bank by 6:00 p.m. ET, June 6, 2006. Applicants must allow sufficient time for the
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- 2005 deadline for filing such applications, as set forth in the Auction Closing PN. PSI therefore requested a waiver of the long-form filing deadline. On October 13, 2005, the Division granted the waiver request, concluding that PSI had demonstrated that such relief was warranted under Section 1.925(b)(3) of the Commission's Rules because it would not undermine the purpose of Section 1.2107(c), the rule which requires the timely filing of long-form applications, and would serve the public interest. The Division explained that ``[a]n underlying purpose of post-auction application deadlines is to ensure that winning bidders satisfy the Commission's qualification and eligibility requirements in a timely manner and so avoid `delays in the deployment of new services to the public that would result
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- shall be subject to the payments set forth in Section 1.2104(g) of the Commission's rules. Tribal Lands Bidding Credit The Commission has implemented a tribal lands bidding credit to encourage the growth of wireless services in federally recognized tribal lands. For information relating to the tribal lands bidding credit, see Attachment C. FCC Form 602 Pursuant to Sections 1.919 and 1.2107(f) of the Commission's rules, an applicant for a license in an auctionable service must have on file with the Commission a current FCC Form 602 reporting the applicant's complete and accurate ownership information. Filing an FCC Form 602 is a separate requirement from, and in addition to, the ownership reporting requirements associated with filing FCC Form 601, Exhibit A, as
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- applicant that fails to submit the required FCC Form 601 application(s) prior to 6:00 p.m. Eastern Time (ET) on March 28, 2007, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms to be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market names(s). However, an applicant seeking tribal lands bidding credits in one or more markets, but not all markets, is
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- by bidders through their upfront payments divided by the total number of bidding units for the licenses in the auction. Id. at 12396. See id., 21 FCC Rcd at 12425-26. The eligibility ratio for Auction No. 69 equals 4.17. See 47 C.F.R. 1.2105(c); Auction No. 69 Procedures Public Notice, 21 FCC Rcd 12399-403 15-23. See 47 C.F.R. 1.2107 - 1.2109; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Second Report and Order, 9 FCC Rcd 2348, 2376-77 163-168 (1994). Requests concerning application qualifications and eligibility for a bidding credit are generally considered after the auction during the long-form application process. In the event that an applicant is found unqualified to be
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- Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, WT Docket No. 97-82, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997) (amending the Commission's Part 1 competitive bidding rules); see also 47 C.F.R. 1.2109(a) (as amended). See 47 C.F.R. 1.2109(a). See e.g., 47 C.F.R. 1.2104(g), 1.2107(b), 1.2109, 73.5003; see also Broadcast Competitive Bidding First Report and Order, 13 FCC Rcd at 15983 161; Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (WTB 1996). See generally 47 C.F.R. 1.2104 (g)(2), 1.2109(a). See 47 C.F.R. 1.2107(b). gd gd $ $ h h h
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- will return applications not submitted in accordance with the procedures described in this Public Notice. Applicants are encouraged to pay the FCC Form 301 application filing fee electronically using the CDBS filing system in order to avoid processing delays. Additional Post-Auction Filing Requirements Section 73.5005(a) of the Commission's rules requires that post-auction long-form applications include the exhibits mandated by: Section 1.2107(d) (providing a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement the applicant had entered into relating to the competitive bidding process); Section 1.2110(j) (requiring an applicant claiming designated entity status to describe how it satisfies the eligibility requirements for such designated entity status, and to list and
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- competitive bidding rules for participation in the auction. The Bureau notes that under the Commission's two-phased auction application process, a winning bidder must submit a long-form application after the close of the auction to demonstrate its qualifications to hold a Commission license and, if a bidding credit is requested, its eligibility for the bidding credit requested. See 47 C.F.R. 1.2107 - 1.2109; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Second Report and Order, 9 FCC Rcd 2348, 2376-77 163-168 (1994). Thus a determination that a short-form application is complete and complies with the Commission's competitive bidding rules and policies is not determinative of an applicant's qualifications to hold a license or entitlement
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- the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permit for which the Commission has received timely final payment of the winning bid amount. The facility authorization will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by Mellon Bank by 6:00 p.m. ET, April 26, 2007. Late payments, which must include the five percent late fee, must be received by Mellon Bank by 6:00 p.m. ET, May 10, 2007. Applicants must allow sufficient time for the
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- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by Mellon Bank by 6:00 p.m. ET, April 26, 2007. Late payments, which must include the five percent late fee, must be received by Mellon Bank by 6:00 p.m. ET, May 10, 2007. Applicants must allow sufficient time for the
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- Opinion and Order, 13 FCC Rcd 11973, 11977 11 (1998). Id., 13 FCC Rcd at 11978 13. 47 C.F.R. 1.65. See also Auction No. 70 Procedures Public Notice, 21 FCC Rcd at 12963-64 12-14. 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). See 47 C.F.R. 1.1208. See also ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). See also 47 C.F.R. 1.1202(d)(1) Note 1. . See
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- information and requested the 15% bidding credit instead of the 25% bidding credit. Therefore, it is qualified to bid in the auction with a 15% bidding credit, consistent with the bidding credit revenue range shown in Attachment A. See 47 C.F.R. 1.2105(c); see also Auction No. 71 Procedures Public Notice, 22 FCC Rcd at 439. See 47 C.F.R. 1.2107 - 1.2109; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Second Report and Order, 9 FCC Rcd 2348, 2376-77 163-168 (1994). Requests concerning application qualifications and eligibility for a bidding credit are generally considered after the auction during the long-form application process. In the event that an applicant is found unqualified to be
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- competitive bidding rules for participation in the auction. The Bureau notes that under the Commission's two-phased auction application process, a winning bidder must submit a long-form application after the close of the auction to demonstrate its qualifications to hold a Commission license and, if a bidding credit is requested, its eligibility for the bidding credit requested. See 47 C.F.R. 1.2107 - 1.2109; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Second Report and Order, 9 FCC Rcd 2348, 2376-77 163-168 (1994). Thus, a determination that a short-form application is complete and complies with the Commission's competitive bidding rules and policies is not determinative of an applicant's qualifications to hold a license or entitlement
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- would be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g). The applicant would be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, February 9, 2007 (or 6:00 p.m. Eastern Time, February 26, 2007, along with the five-percent late fee). The Applicant should allow sufficient time for the wire transfer to be initiated and
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- the requirements for participation in the auction and post-auction procedures, including deadlines for the submission of down payments and the filing of long-form applications (FCC Form 301). Among other things, the Procedures Public Notice specifically stated that down payments would be due by winning bidders ten business days after the release of the closing public notice, as required by Section 1.2107(b) of the Commission's rules. The Procedures Public Notice also made clear that long-form applications would be due thirty days after the release of the closing public notice, as required by Section 73.5005(a) of the Commission's rules. Kankakee timely filed its short-form application to participate in the auction (FCC Form 175) and timely submitted an upfront payment in the amount of
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- the Commission Rules. By public notice, the Media Bureau will announce the grant of the construction permit for which the Commission has received timely final payment of the winning bid amount. The facility authorization will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by Mellon Bank by 6:00 p.m. ET, May 31, 2007. Late payments, which must include the five percent late fee, must be received by Mellon Bank by 6:00 p.m. ET, June 14, 2007. Applicants must allow sufficient time for the
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- shall be subject to the payments set forth in Section 1.2104(g) of the Commission's rules. Tribal Lands Bidding Credit The Commission has implemented a tribal lands bidding credit to encourage the growth of wireless services in federally recognized tribal lands. For information relating to the tribal lands bidding credit, see Attachment F. FCC Form 602 Pursuant to Sections 1.919 and 1.2107(f) of the Commission's rules, an applicant for a license in an auctionable service must have on file with the Commission a current FCC Form 602 reporting the applicant's complete and accurate ownership information. Filing an FCC Form 602 is a separate requirement from, and in addition to, the ownership reporting requirements associated with filing FCC Form 601, Exhibit A, as
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- applicant that fails to submit the required FCC Form 601 application(s) prior to 6:00 p.m. Eastern Time (ET) on June 11, 2007, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms to be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market names(s). However, an applicant seeking tribal lands bidding credits in one or more markets, but not all markets, is
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- would not serve to deter attempts at signaling and retaliatory bidding behavior. We note that there are five qualified bidders, so that the circumstances described in the above footnote are not applicable in Auction No. 72. See 47 C.F.R. 1.2105(c); see also Auction No. 72 Procedures Public Notice, 22 FCC Rcd at 3410 13. See 47 C.F.R. 1.2107 - 1.2109; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Second Report and Order, 9 FCC Rcd 2348, 2376-77 163-168 (1994). Requests concerning application qualifications and eligibility for a bidding credit are generally considered after the auction during the long-form application process. In the event that an applicant is found unqualified to be
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- be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). The applicant would be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, February 14, 2007 (or 6:00 p.m. Eastern Time, March 1, 2007, along with the five percent late fee). The applicant should allow sufficient time for the wire transfer to be initiated
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- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by Mellon Bank by 6:00 p.m. ET, July 16, 2007. Late payments, which must include the five percent late fee, must be received by Mellon Bank by 6:00 p.m. ET, July 30, 2007. Applicants must allow sufficient time for the
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- Closes; Winning Bidders Announced for Auction No. 71, Public Notice, DA 07-2142 (WTB rel. May 25, 2007). Attachment A1 contains the same information as Attachment A, sorted by market and block rather than by applicant name. Certain applicants failed to file the required ownership information on the FCC Form 602 by June 11, 2007, as required by sections 1.913(a)(2), 1.919(b), 1.2107(f), and 1.2112 of the Commission's Rules, 47 C.F.R. 1.913(a)(2), 1.919(b), 1.2107(f), 1.2112, and have sought waivers to allow late filing of their Form 602. See The Tri-County Telephone Association, Inc., FCC Form 602, File No. 0003069888 (filed June 13, 2007); GreenFly LLC, Form 602, File No. 0003067744 (filed June 12, 2007); SKT, Inc., FCC Form 602, File No. 0003070377
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- shall be subject to the payments set forth in Section 1.2104(g) of the Commission's rules. Tribal Lands Bidding Credit The Commission has implemented a tribal lands bidding credit to encourage the growth of wireless services in federally recognized tribal lands. For information relating to the tribal lands bidding credit, see Attachment D. FCC Form 602 Pursuant to Sections 1.919 and 1.2107(f) of the Commission's rules, an applicant for a license in an auctionable service must have on file with the Commission a current FCC Form 602 reporting the applicant's complete and accurate ownership information. Filing an FCC Form 602 is a separate requirement from, and in addition to, the ownership reporting requirements associated with filing FCC Form 601, Exhibit A, as
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- applicant that fails to submit the required FCC Form 601 application(s) prior to 6:00 p.m. Eastern Time (ET) on July 18, 2007, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms to be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market names(s). However, an applicant seeking tribal lands bidding credits in one or more markets, but not all markets, is
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- competitive bidding rules for participation in the auction. The Bureau notes that under the Commission's two-phased auction application process, a winning bidder must submit a long-form application after the close of the auction to demonstrate its qualifications to hold a Commission license and, if a bidding credit is requested, its eligibility for the bidding credit requested. See 47 C.F.R. 1.2107 - 1.2109; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Second Report and Order, 9 FCC Rcd 2348, 2376-77 163-168 (1994). Thus a determination that a short-form application is complete and complies with the Commission's competitive bidding rules and policies is not determinative of an applicant's qualifications to hold a license or entitlement
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- Tribal Lands Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally recognized tribal lands that are unserved by any telecommunications carrier or that have a wireline penetration rate equal to or below 85 percent is eligible to receive a tribal lands bidding credit as set forth in 47 C.F.R. 1.2107 and 1.2110(f). A tribal lands bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal lands bidding credit after winning the auction when it files its long-form application (FCC Form 601). When
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- the Commission Rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payment of the winning bid amount. The facility authorization will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by Mellon Bank by 6:00 p.m. ET, July 30, 2007. Late payments, which must include the five percent late fee, must be received by Mellon Bank by 6:00 p.m. ET, August 13, 2007. Applicants must allow sufficient time for the
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- the Commission Rules. By public notice, the Media Bureau will announce the grant of the construction permit for which the Commission has received timely final payment of the winning bid amount. The facility authorization will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by Mellon Bank by 6:00 p.m. ET, August 8, 2007. Late payments, which must include the five percent late fee, must be received by Mellon Bank by 6:00 p.m. ET, August 22, 2007. Applicants must allow sufficient time for the
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- 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Services, First Report and Order in MM Docket No. 97-234, GC Docket No. 92-52 and GEN Docket No. 90-264, 13 FCC Rcd 15920 (1998) (``Broadcast First Report and Order''). 47 C.F.R. 1.2109(a). See Auction No. 37 Closing Public Notice at Attachment A. 47 C.F.R. 1.2107(b). 47 C.F.R. 1.2104(g)(2), 1.2109(c). 47 C.F.R. 1.2104(g)(2). 47 C.F.R. 1.2106(e). Id. See Mountain Solutions Ltd., Inc., FCC 98-220, Memorandum Opinion and Order, 13 FCC Rcd. 21,983, 21,997 25 (1998). College Creek Broadcasting, Inc. DA 07-3517 August 3, 2007 Federal Communications Commission Washington, D.C. 20554 August 3, 2007 h h h h h gd h h
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- also Competitive Bidding Second Report and Order, 9 FCC Rcd at 2382-83 197. See Wireless Telecommunications Bureau Announces It is Prepared to Grant Upper and Lower Paging Band Licenses Upon Full and Timely Payment, Public Notice, 22 FCC Rcd. 1181 (2007). 47 C.F.R. 1.2109(a). 47 C.F.R. 1.2109(a). See Closing Public Notice at Attachment A. 47 C.F.R. 1.2107(b). See Closing Public Notice at Attachment B. Golden Arrow's upfront payment was in the amount of $20,000. After applying the upfront payment to the withdrawal payment of $2,550.00 and the required down payment of $11,800.00, the Commission had an additional $5,650.00 remaining on deposit. See Closing Public Notice, Attachment B. 47 C.F.R. 1.2104(g)(2), 1.2109(c). 47 C.F.R. 1.2104(g)(2); see
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- p .p u z h 47 C.F.R. 1.2105(c). See Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules, Public Notice, 11 FCC Rcd 9645 (1995). 47 C.F.R. 1.2105(c), 73.5002. 47 C.F.R. 1.65. 47 C.F.R. 1.2105(c)(6); see also Seventh Report and Order, 16 FCC Rcd at 17555 17. 47 C.F.R. 1.2107(d), 73.5005(a). See 47 C.F.R. 1.2109(d). Id. 0 0 0 p R R ` y
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- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by Mellon Bank by 6:00 p.m. ET, September 18, 2007. Late payments, which must include the five percent late fee, must be received by Mellon Bank by 6:00 p.m. ET, October 2, 2007. Applicants must allow sufficient time for the
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- 171 (MB/WTB 2006). 47 C.F.R 1.2104(g)(2). 47 C.F.R 1.2104(g)(2). See Part 1 Third Report and Order, 13 FCC Rcd 374, 434 102; Competitive Bidding Fifth Report and Order, 9 FCC Rcd at 5563 n.51; see also Competitive Bidding Second Report and Order, 9 FCC Rcd at 2382-83 197. See Closing Public Notice. 47 C.F.R. 1.2107(b); 47 C.F.R. 1.2109(a). See Closing Public Notice at Attachment A. Id. at Attachment B. Id.; 47 C.F.R. 73.5005(a). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, 13 FCC Rcd 15920, 15984 164 (1998). 47 C.F.R.
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- 171 (MB/WTB 2006). 47 C.F.R 1.2104(g)(2). 47 C.F.R 1.2104(g)(2). See Part 1 Third Report and Order, 13 FCC Rcd 374, 434 102; Competitive Bidding Fifth Report and Order, 9 FCC Rcd at 5563 n.51; see also Competitive Bidding Second Report and Order, 9 FCC Rcd at 2382-83 197. See Closing Public Notice. 47 C.F.R. 1.2107(b); 47 C.F.R. 1.2109(a). See Closing Public Notice at Attachment A. Id. at Attachment B. Id.; 47 C.F.R. 73.5005(a). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, 13 FCC Rcd 15920, 15984 164 (1998). 47 C.F.R.
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- Tribal Lands Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally recognized tribal lands that are unserved by any telecommunications carrier or that have a wireline penetration rate equal to or below 85 percent is eligible to receive a tribal lands bidding credit as set forth in 47 C.F.R. 1.2107 and 1.2110(f). A tribal lands bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal lands bidding credit after winning the auction when it files its long-form application (FCC Form 601). When
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- Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, WT Docket No. 97-82, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997) (amending the Commission's Part 1 competitive bidding rules); see also 47 C.F.R. 1.2109(a) (as amended). See 47 C.F.R. 1.2109(a). See e.g. 47 C.F.R. 1.2104(g), 1.2107(b), 1.2109, 73.5003(c); see also Broadcast First Report and Order, 13 FCC Rcd at 15960 160; Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (WTB 1996). See generally 47 C.F.R. 1.2104 (g)(2), 1.2109(a), 73.5004. See 47 C.F.R. 1.2107(b). gd gd $ $ h h h
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- competitive bidding rules for participation in the auction. The Bureau notes that under the Commission's two-phased auction application process, a winning bidder must submit a long-form application after the close of the auction to demonstrate its qualifications to hold a Commission license and, if a bidding credit is requested, its eligibility for the bidding credit requested. See 47 C.F.R. 1.2107 - 1.2109; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Second Report and Order, 9 FCC Rcd 2348, 2376-77 163-168 (1994). Thus, a determination that a short-form application is complete and complies with the Commission's competitive bidding rules and policies is not determinative of an applicant's qualifications to hold a license or entitlement
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- Tribal Lands Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally recognized tribal lands that are unserved by any telecommunications carrier or that have a wireline penetration rate equal to or below 85 percent is eligible to receive a tribal lands bidding credit as set forth in 47 C.F.R. 1.2107 and 1.2110(f). A tribal lands bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal lands bidding credit after winning the auction when it files its long-form application (FCC Form 601). When
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- would be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g). The applicant would be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, March 14, 2007 (or 6:00 p.m. Eastern Time, March 28, 2007, along with the five percent late fee). The Applicant should allow sufficient time for the wire transfer to be initiated
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- FCC Rcd 1021 (2004) (``Closing Public Notice''). ``Media Bureau Is Prepared to Grant Certain Auction No. 37 Broadcast Construction Permit Applications,'' Public Notice, 20 FCC Rcd 9027, 9027 (2005) (``Prepared to Grant Public Notice''). Id. at 9027-28 (citing 47 C.F.R. 1.2109(a)). Prepared to Grant Public Notice, 20 FCC Rcd at 9028 (citing 47 C.F.R. 73.5003, 1.2104(g)(2), 1.2109, & 1.2107(b); In re Application of Delta Radio, Inc., Memorandum Opinion and Order, 18 FCC Rcd 16889 (2003) (``Delta Radio''); Abundant Life, Inc., Memorandum Opinion and Order, 16 FCC Rcd 4972 (2001); ``Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules,'' Public Notice, 11 FCC Rcd 10853 (1996)). Petition at 1, 2. Supplemental Petition at 1. Petition, Declaration of Scott Powell (``Powell
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- toward its down payment obligation, and the company made an additional payment that brought its total deposit up to the down payment amount of $78,600 by September 20, 2000. However, Silver Palm failed to submit its long-form application by the September 20, 2000, deadline. On October 4, 2000, Silver Palm filed its long-form application and requested a waiver of Section 1.2107(c) of the Commission's rules, which provides that winning bidders will be deemed to have defaulted if they fail to timely submit the required long-form application or establish good cause for any late-filed submission. Asking the Commission to allow it to submit its long-form application after the deadline, Silver Palm claimed that it missed the long-form deadline due to inadvertence and
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- short form application. The waiver request was denied on February 8, 2007. See Letter to Scott M. Knoblauch, DA 07-608 (WTB/MB Feb. 8, 2007). Scott M. Knoblauch did not qualify as a bidder in Auction No. 70. See 47 C.F.R. 1.2105(c); Auction No. 70 Procedures Public Notice, 21 FCC Rcd at 12961-64 6-14 . See 47 C.F.R. 1.2107 - 1.2109, 73.5002 - 73.5009; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2376-77 163-168 (1994). Requests concerning application qualifications and eligibility for the new entrant bidding credit are generally considered after the auction during the long-form application process. In the
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- The Commission staff will return applications not submitted in accordance with the procedures described above. Applicants are encouraged to pay the FCC Form 301 application filing fee electronically using the CDBS filing system in order to avoid processing delays. Additional Post-Auction Filing Requirements Section 73.5005(a) of the Commission's rules requires that post-auction long-form applications include the exhibits mandated by: Section 1.2107(d) (providing a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement the applicant had entered into relating to the competitive bidding process); Section 1.2110(j) (requiring an applicant claiming designated entity status to describe how it satisfies the eligibility requirements for such designated entity status, and to list and
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- closing notice. Tribal Lands Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally recognized tribal lands that are unserved by any telecommunications carrier or that have a wireline penetration rate equal to or below 85 percent is eligible to receive a tribal lands bidding credit as set forth in Sections 1.2107 and 1.2110(f). A tribal lands bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal lands bidding credit after winning the auction when it files its long-form application (FCC Form 601). When
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- to provide notification to stop such build-out, and cannot result in commercial operation unless and until the Commission has granted the D Block license. Timeframefor Negotiation.The Commission required the parties to commence negotiations on the terms of the NSA on the date that the winning bidder of the D Block license files its long form application (See 47 C.F.R. 1.2107-1.2109) or on the date on which the Commission designates the Public Safety Broadband Licensee, whichever is later, and the parties must conclude negotiations not later than six months after the commencement date. As soon as the parties havereached an agreement on all the terms of the NSA, but not later than five days after the six month period for negotiation
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- the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantive change that may be of decisional significance to that application. 47 C.F.R. 1.65. 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109(d). - - S, 9 FCC Rcd 6760 (1994). See also 47 C.F.R. 1.1202(d)(1) Note 1. PUBLIC NOTICE Federal Communications Commission News Media Information 202 / 418-0500 Washington, D.C. 20554 TTY: 1-888-835-5322 j PNG > !R>^SS߿"Kker4 JdMOO ,I TV5 0z̪ %o a% Tf(c) U~UyӚo=c {YAD Zv}YAD e/,-%E9
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- the Office of the Managing Director at (202) 418-2843. Any questions concerning refunds should be referred to Gail Glasser at (202) 418-0578. FCC Form 601 Within the mutually exclusive application group, the previously-filed applications (FCC Form 601) of the unsuccessful bidder will be dismissed following the grant of the winning bidder's license. FCC Form 602 Pursuant to Sections 1.919 and 1.2107(f) of the Commission's rules, an applicant for a license in an auctionable service must have on file with the Commission a current FCC Form 602 reporting the applicant's complete and accurate ownership information. Maintaining Accuracy of Information After the auction closes, applicants are required to make all changes in the Commission's Universal Licensing System (``ULS'') using FCC Form 601. With
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- the auction. The Bureau notes that under the Commission's two-phased auction application process, a winning bidder must submit a long-form application after the close of the auction to demonstrate its qualifications to hold a Commission license and, if a bidding credit and/or entrepreneur status is requested, its eligibility for the bidding credit requested and/or entrepreneur status. See 47 C.F.R. 1.2107 - 1.2109; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Second Report and Order, 9 FCC Rcd 2348, 2376-77 163-168 (1994). Thus, a determination that a short-form application is complete and complies with the Commission's competitive bidding rules and policies is not determinative of an applicant's qualifications to hold a license or of
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- Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997) (amending the Commission's Part 1 competitive bidding rules); see also 47 C.F.R. 1.2109(a) (as amended). See 47 C.F.R. 1.2109(a). See e.g., 47 C.F.R. 1.2104(g), 1.2107(b), 1.2109, 73.5003; see also Broadcast Competitive Bidding First Report and Order, 13 FCC Rcd at 15983 161; Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (WTB 1996). See generally 47 C.F.R. 1.2104 (g)(2), 1.2109(a). By letters dated July 9, 2008, the erroneous grants of these two construction permits were rescinded pursuant
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- the Commission Rules. By public notice, the Media Bureau will announce the grant of the construction permit for which the Commission has received timely final payment of the winning bid amount. The facility authorization will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by the U.S. Treasury by 6:00 p.m. ET, August 1, 2008. Late payments, which must include the five percent late fee, must be received by the U.S. Treasury by 6:00 p.m. ET, August 15, 2008. Applicants must allow sufficient time
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- and/or a bidding credit is requested, its eligibility for the closed license(s) won and/or requested bidding credit. Thus, a determination that a short-form application is complete and complies with the Commission's competitive bidding rules and policies is not determinative of an applicant's qualifications to hold a license or entitlement to entrepreneur status or a bidding credit. See 47 C.F.R. 1.2107 - 1.2109; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Second Report and Order, 9 FCC Rcd 2348, 2376-77 163-168 (1994). Requests concerning application qualifications and eligibility for a bidding credit are generally considered after the auction during the long-form application process. In the event that an applicant is found unqualified to be
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- Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Services, First Report and Order in MM Docket No. 97-234, GC Docket No. 91-52 and GEN Docket No. 90-264, 13 FCC Rcd 15920 (1998) (``Broadcast First Report and Order''). 47 C.F.R. 1.2109(a). See Closing Public Notice at Attachment A. See Closing Public Notice. See also 47 C.F.R. 1.2107(b). Winning bidders were required to have on deposit enough funds to cover the twenty percent (20%) down payment requirement within ten business days of the release of the Closing Public Notice. 47 C.F.R. 1.2104(g)(2), 1.2109(c). 47 C.F.R. 1.2104(g)(2), 1.2109(b). 47 C.F.R 1.2104(g)(2). Id. (2004). Pursuant to recent modifications to the rule governing default payments, the percentage of
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- Competitive Bidding, PP Docket No. 93-253, Memorandum Opinion and Order, 9 FCC Rcd 7684, 7689 12 (1994). Nevada Wireless Order, 13 FCC Rcd at 11978 13. Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Memorandum Opinion and Order, 9 FCC Rcd 7684, 7689 12 (1994). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Third Further Notice of Proposed Rule Making, 14 FCC Rcd 21558, 21560 4 and n. 4 (1999) citing Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Memorandum Opinion and Order, 9 FCC Rcd
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- shall be subject to the payments set forth in Section 1.2104(g) of the Commission's rules. Tribal Lands Bidding Credit The Commission has implemented a tribal lands bidding credit to encourage the growth of wireless services in federally recognized tribal lands. For information relating to the tribal lands bidding credit, see Attachment E. FCC Form 602 Pursuant to Sections 1.919 and 1.2107(f) of the Commission's rules, an applicant for a license in an auctionable service must have on file with the Commission a current ownership disclosure information report (FCC Form 602) providing the applicant's complete and accurate ownership information. As explained in Attachment E, filing an FCC Form 602 is a separate requirement from, and in addition to, the ownership reporting requirements
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- applicant that fails to submit the required FCC Form 601 application(s) prior to 6:00 p.m. Eastern Time (ET) on September 9, 2008, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market names(s). However, an applicant seeking tribal lands bidding credits in one or more markets, but not all markets, is
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- rules for participation in the auction. The Bureaus note that under the Commission's two-phased auction application process, a winning bidder must submit a long-form application after the close of the auction to demonstrate its qualifications to hold a Commission license or permit and, if a bidding credit is requested, its eligibility for the bidding credit requested. See 47 C.F.R. 1.2107 - 1.2109; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Second Report and Order, 9 FCC Rcd 2348, 2376-77 163-168 (1994). Thus, a determination that a short-form application is complete and complies with the Commission's competitive bidding rules and policies is not determinative of an applicant's qualifications to hold a license or permit
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- $50,000 after the upfront payment deadline. The Bureau applied the $60,000.00 that SAI had on deposit toward the down payment requirement and notified SAI that its additional amount due to meet its final payment was $142,300.00. SAI failed to submit the final payment due by April 17, 2008. The Auction 73 Closing Public Notice also announced that, pursuant to Section 1.2107(c) of the rules, all winning bidders were required to submit their long-form applications (FCC Form 601 and 602) on or before April 3, 2008. SAI submitted its long-form application one day late but requested a waiver to permit acceptance of the application. SAI failed to remit the balance of its winning bid. Section 1.2109(c) of the rules provides that a
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- VentureTel's net winning bids totaled $1,455,000.00. The Bureau applied the $705,500.00 that VentureTel had on deposit toward the down payment requirement and notified VentureTel that the additional amount due to meet its final payment was $749,500.00. VentureTel failed to submit the final payment due by April 17, 2008. The Auction 73 Closing Public Notice also announced that, pursuant to Section 1.2107(c) of the Rules, all winning bidders were required to submit their long-form applications (FCC Form 601 and 602) on or before April 3, 2008. VentureTel timely submitted its long-form application. VentureTel failed to remit the balance of its winning bids. Section 1.2109(c) of the rules provides that a winning bidder that ``fails to remit the balance of its winning bid
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- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by the U.S. Treasury, New York, NY by 6:00 p.m. ET, November 4, 2008. Late payments, which must include the five percent late fee, must be received by U.S. Treasury, New York by 6:00 p.m. ET, November 19, 2008. Applicants
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- qualifications to hold a Commission license and, if a bidding credit is requested, its eligibility for the requested bidding credit. Thus, a determination that a short-form application is complete and complies with the Commission's competitive bidding rules and policies is not determinative of an applicant's qualifications to hold a license or entitlement to a bidding credit. See 47 C.F.R. 1.2107 - 1.2109; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2376-77 163-168 (1994)(``Competitive Bidding Second Report and Order''). Requests concerning applicant qualifications and eligibility for a bidding credit are generally considered after the auction during the long-form application process. In the
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- required long-form application before the specified deadline and fails to establish good cause for any late-filed submission shall be deemed to have defaulted and shall be subject to the payments set forth in Section 1.2104(g) of the Commission's rules. Additional Post-Auction Filing Requirements Section 73.5005(a) of the Commission's rules requires that post-auction long-form applications include the exhibits mandated by Section 1.2107(d) (providing a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement the applicant had entered into relating to the competitive bidding process); Section 1.2110(j) (requiring an applicant claiming bidding credit eligibility to describe how it satisfies the eligibility requirements for such bidding credit, and to list and summarize
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- Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Services, First Report and Order in MM Docket No. 97-234, GC Docket No. 91-52 and GEN Docket No. 90-264, 13 FCC Rcd 15920 (1998) (``Broadcast First Report and Order''). 47 C.F.R. 1.2109(a). See Closing Public Notice at Attachment A. See Closing Public Notice. See also 47 C.F.R. 1.2107(b). Winning bidders were required to have on deposit enough funds to cover the twenty percent (20%) down payment requirement within ten business days of the release of the Closing Public Notice. 47 C.F.R. 1.2104(g)(2), 1.2109(c). 47 C.F.R. 1.2104(g)(2), 1.2109(b). 47 C.F.R 1.2104(g)(2). Id. Pursuant to recent modifications to the rule governing default payments, the percentage of the
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- Auction Closes; Winning Bidders Announced for Auction 62, Public Notice, DA 06-252, 21 FCC Rcd 1071 (MB/WTB 2006) (``Closing Public Notice''). The net winning bid for permit FM396-C3 was $287,300.00 and the net winning bid for permit FM407-C2 was $29,250.00. See Application File Nos. BNPH-20060310ADR and BNPH-20060310ADS. See Closing Public Notice. See Closing Public Notice. See also 47 C.F.R. 1.2107(b). Your total upfront payment on deposit was $99,000.00 and the total required down payment for both permits was $63,310.00. See Closing Public Notice, Attachment B. The Bureaus applied $63,310.00 ($57,460.00 for FM396-C3 and $5,850.00 to FM407-C2) of the upfront payment to cover the required down payment for both permits and then, consistent with its general practice, apportioned the remaining amount
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- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by the U.S. Treasury, New York, NY by 6:00 p.m. ET, March 4, 2008. Late payments, which must include the five percent late fee, must be received by U.S. Treasury, New York by 6:00 p.m. ET, March 18, 2008. Applicants
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- - Competitive Bidding, PP Docket No. 93-253, Memorandum Opinion and Order, 9 FCC Rcd 7684, 7689 12 (1994). Nevada Wireless Order, 13 FCC Rcd at 11978 13. Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Memorandum Opinion and Order, 9 FCC Rcd 7684, 7689 12 (1994). 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Third Further Notice of Proposed Rule Making, 14 FCC Rcd 21558, 21560 4 and n.4 (1999) citing Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Memorandum Opinion and Order, 9 FCC Rcd 7684, 7689
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- shall be subject to the payments set forth in Section 1.2104(g) of the Commission's rules. Tribal Lands Bidding Credit The Commission has implemented a tribal lands bidding credit to encourage the growth of wireless services in federally recognized tribal lands. For information relating to the tribal lands bidding credit, see Attachment D. FCC Form 602 Pursuant to Sections 1.919 and 1.2107(f) of the Commission's rules, an applicant for a license in an auctionable service must have on file with the Commission a current FCC Form 602 reporting the applicant's complete and accurate ownership information. Filing an FCC Form 602 is a separate requirement from, and in addition to, the ownership reporting requirements associated with filing an FCC Form 601, Exhibit A,
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- applicant that fails to submit the required FCC Form 601 application(s) prior to 6:00 p.m. Eastern Time (ET) on April 3, 2008, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in section 1.2104(g) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market names(s). We note that, if an applicant was the high bidder for licenses with different service codes (e.g., a
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- the Commission Rules. By public notice, the Media Bureau will announce the grant of the construction permit for which the Commission has received timely final payment of the winning bid amount. The facility authorization will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by the U.S. Treasury by 6:00 p.m. ET, April 21, 2008. Late payments, which must include the five percent late fee, must be received by the U.S. Treasury by 6:00 p.m. ET, May 5, 2008. Applicants must allow sufficient time
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- will determine NatTel's compliance with Section 1.2105(a)(2)(v) of the Commission's rules. 47 C.F.R. 1.2105(a)(2)(v). Based on that determination, the Bureau reserves the right to find NatTel not qualified to bid with respect to any license in Auction 73, and therefore subject to Sections 1.2104(g) and 1.2109(c) of the Commission's rules. 47 C.F.R. 1.2104(g), 1.2109(c). See 47 C.F.R. 1.2107 - 1.2109; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Second Report and Order, 9 FCC Rcd 2348, 2376-77 163-168 (1994). Requests concerning application qualifications and eligibility for a bidding credit are generally considered after the auction during the long-form application process. In the event that an applicant is found unqualified to be
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- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by the U.S. Treasury, New York, NY by 6:00 p.m. ET, May 5, 2008. Late payments, which must include the five percent late fee, must be received by U.S. Treasury, New York by 6:00 p.m. ET, May 19, 2008. Applicants
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- 1.2105(c)(7)(i). Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules, Public Notice, 11 FCC Rcd 9645 (1995) (``Anti-Collusion Public Notice''). Nevada Wireless Order, 13 FCC Rcd at 11978 13. Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Memorandum Opinion and Order, 9 FCC Rcd 7684, 7689 12 (1994). 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Third Further Notice of Proposed Rule Making, 14 FCC Rcd 21558, 21560 4 and n.4 (1999) citing Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Memorandum Opinion and Order, 9 FCC Rcd 7684, 7689
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- Winning Bidders Announced for Auction 73, Public Notice, DA 08-595 (WTB rel. Mar. 20, 2008). Attachment A1 contains the same information as Attachment A, sorted by market and block rather than by applicant name. Certain applicants failed to file the required long-form application (``FCC Form 601'') and Ownership Report (``FCC Form 602'') by April 3, 2008, as required by section 1.2107 of the Commission's Rules, 47 C.F.R. 1.2107(c), (f), and have sought waivers to allow late filing of these forms. See Bascom Long Distance Inc., FCC Forms 601 and 602, File Nos. 0003385275 and 0003385300 (filed April 4, 2008); Iowa Telecommunications Services, Inc., FCC Forms 601 and 602, File Nos. 0003387674 and 0003387670 (filed April 7, 2008); David Miller, FCC
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- be in default and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). The applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received no later than 6:00 p.m. Eastern Time, June 18, 2009 (or 6:00 p.m. Eastern Time, July 2, 2009, along with the five percent late fee). The applicant should allow sufficient time for the wire transfer to be initiated and for the
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- July 2, 2009, itwill bein default and subject to applicable default payments. See47 C.F.R. 1.2104(g), 1.2109(c). The applicant will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received no later than 6:00 p.m. Eastern Time, June 18, 2009 (or 6:00 p.m. Eastern Time, July 2, 2009, along with the five percent late fee). The applicant should allow sufficient time for the wire transfer to be initiated and for the
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- for certain initial licenses. Need: These rules are needed to implement the Commission's competitive bidding authority under Section 309(j) of the Communications Act of 1934, as amended. Legal Basis: 47 U.S.C. 154, 303, and 309(j). Section Number and Title: 1.2102 Eligibility of applications for competitive bidding. 1.2103 Competitive bidding design options. 1.2105 Bidding application and certification procedures; prohibition of collusion. 1.2107 Submission of down payment and filing of long-form applications. 1.2111 Assignment or transfer of control; unjust enrichment. PART 2-FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS SUBPART I-MARKETING OF RADIOFREQUENCY DEVICES Brief Description: The rules in part 2, subpart I, define radiofrequency devices and specify the requirements for marketing of such devices. Need: These rules provide exemption for
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- closing notice. Tribal Lands Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally recognized tribal lands that are unserved by any telecommunications carrier or that have a wireline penetration rate equal to or below 85 percent is eligible to receive a tribal lands bidding credit as set forth in Sections 1.2107 and 1.2110(f). A tribal lands bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal lands bidding credit after winning the auction when it files its long-form application (FCC Form 601). When
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- the United States Department of Justice for investigation.53If an applicant is found to have violated the antitrust laws or the Commission's rules in connection with its participation in the competitive bidding process, it may be 45Nevada Wireless Order, 13 FCC Rcd at 11,978 13. 46Memorandum Opinion and Order, 9 FCC Rcd at 7689 12. 4747 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 48Amendment of Part 1 of the Commission's Rules Competitive Bidding Procedures, WT Docket No. 97-82, Third Further Notice of Proposed Rule Making, FCC 99-384, 14 FCC Rcd 21,558, 21,560 4 and n.4 (1999) citing Implementation of Section 309(j) of the Communications Act Competitive Bidding, PP Docket No. 93-253, Memorandum Opinion andOrder, 9 FCC Rcd at 7689
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- Fixed Services, MM Docket No. 97-234, GC Docket No. 91-52, and GEN Docket No. 90-264, First Report and Order, FCC 98-194, 13 FCC Rcd 15,920 (1998) (``Broadcast First Report and Order''). 47 C.F.R. 1.2109(a). See Auction 64 Closing Public Notice at Attachment B. See Auction 64 Closing Public Notice, 21 FCC Rcd at 3010. See also 47 C.F.R. 1.2107(b). Winning bidders were required to have on deposit enough funds to cover the 20 percent down payment requirement within ten business days of the release of the Auction 64 Closing Public Notice. Following application of the funds to the down payment, WOGF had $1,199,200 on deposit with the Commission. Pursuant to the Commission's policy at the time, the Commission's Office
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- Television Fixed Services, MM Docket No. 97-234, GC Docket No. 91-52, and GEN Docket No. 90- 264, First Report and Order, FCC 98-194, 13 FCC Rcd 15,920 (1998) ("Broadcast First Report and Order"). 747 C.F.R. 1.2109(a). 8 See Auction 64 Closing Public Notice at Attachment B. 9 See Auction 64 Closing Public Notice, 21FCC Rcdat 3010. See also47 C.F.R. 1.2107(b). Winning bidders were required to have on deposit enough funds to cover the 20 percent down payment requirement within ten business days of the release of the Auction 64Closing Public Notice. Following application of the funds to the down payment, WOGF had $1,199,200 on deposit with the Commission. Pursuant to the Commission's policy at the time, the Commission's Office of
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- FCC Rcd at 21,8450. Id., 16 FCC Rcd at 21,842 See Lower and Upper Paging Bands Auction Closes; Winning Bidders Announced, Down Payments Due June 13, 2003, FCC Forms 601 and 602 Due June 13, 2003, Ten-Day Petition to Deny Period, DA 03-1836, Public Notice, 18 FCC Rcd 11,154, 11,183 (2001) (Auction 48 Closing Public Notice). See 47 C.F.R. 1.2107(b); Auction 40 Closing Public Notice, 16 FCC Rcd 21,842. Wireless Telecommunications Bureau Announces It Is Prepared To Grant Upper And Lower Paging Bands Licenses Upon Full And Timely Payment, DA 02-1217, Public Notice, 17 FCC Rcd 10,123 (2002). 47 C.F.R. 1.2109(a). Pursuant to Commission rules, Ozark was allowed ten additional business days, or until June 28, 2002, to make
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- FCC Rcd at 21,8450. 15 Id., 16 FCC Rcd at 21,842 16 SeeLower and Upper Paging Bands Auction Closes; Winning Bidders Announced, Down Payments Due June 13, 2003, FCC Forms 601 and 602 Due June 13, 2003, Ten-DayPetition to Deny Period, DA 03-1836, Public Notice, 18 FCC Rcd 11,154, 11,183 (2001) (Auction 48 Closing Public Notice). 17 See47 C.F.R. 1.2107(b); Auction 40 Closing Public Notice, 16 FCC Rcd 21,842. 18 Wireless Telecommunications Bureau Announces It Is Prepared To Grant Upper And Lower Paging Bands Licenses Upon Full And Timely Payment, DA 02-1217, Public Notice, 17 FCC Rcd 10,123 (2002). 19 47 C.F.R. 1.2109(a). Pursuant to Commission rules, Ozark was allowed ten additional business days, or until June 28, 2002,
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- rules for participation in the auction. The Bureaus note that under the Commission's two-phased auction application process, a winning bidder must submit a long-form application after the close of the auction to demonstrate its qualifications to hold a Commission license or permit and, if a bidding credit is requested, its eligibility for the bidding credit requested. See 47 C.F.R. 1.2107 - 1.2109; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2376-77 163-168, FCC 94-61 (1994). Thus, a determination that a short-form application is complete and complies with the Commission's competitive bidding rules and policies is not determinative of an applicant's qualifications
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- competitive bidding rules for participation in the auction. The Bureaus note that under the Commission's two-phased auction application process, a winning bidder must submita long-form application after the close of the auction to demonstrate its qualifications to hold a Commission license or permit and, if a bidding credit is requested, its eligibility for the bidding credit requested. See47 C.F.R. 1.2107 1.2109; seealsoAmendment of Part 1 of the Commission's Rules Competitive Bidding 9177 79 upon receipt of the required upfront payment by 6:00 p.m. Eastern Time (ET) on Friday, July 31, 2009.3Applicants also must maintain the accuracy of their short-form applications as required by Section 1.65 of the Commission's rules.4Attachment A also indicates the construction permits selected by each applicant on
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- qualifications to hold a Commission license and, if a bidding credit is requested, its eligibility for the requested bidding credit. Thus, a determination that a short-form application is complete and complies with the Commission's competitive bidding rules and policies is not determinative of an applicant's qualifications to hold a license or entitlement to a bidding credit. See 47 C.F.R. 1.2107 - 1.2109; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 163-168 (1994) (``Competitive Bidding Second Report and Order''). Requests concerning applicant qualifications and eligibility for a bidding credit are generally considered after the auction during the long-form application
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- competitive bidding rules for participation in the auction. The Bureau notes that under the Commission's two-phased auction application process, a winning bidder must submit a long-form application after the close of the auction to demonstrate its qualifications to hold a Commission license and, if a bidding credit is requested, its eligibility for the bidding credit requested. See 47 C.F.R. 1.2107 - 1.2109; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 163-168 (1994). Thus, a determination that a short-form application is complete and complies with the Commission's competitive bidding rules and policies is not determinative of an applicant's qualifications
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- our competitive bidding rules for participation in the auction. The Bureau notes that under the Commission's two-phased auction application process, a winning bidder must submit a long-form application after the close of the auction to demonstrate its qualifications to hold a Commission license and, if a bidding credit is requested, its eligibility for the bidding credit requested. See47 C.F.R. 1.2107 1.2109; see alsoAmendment of Part 1 of the Commission's Rules Competitive Bidding Procedures, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 163-168 (1994). Thus, a determination that a short-form application is complete and complies with the Commission's competitive bidding rules and policies is not determinative of an applicant's qualifications to hold a
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- will return applications not submitted in accordance with the procedures described in this Public Notice. Applicants are encouraged to pay the FCC Form 301 application filing fee electronically using the CDBS filing system in order to avoid processing delays. Additional Post-Auction Filing Requirements Section 73.5005(a) of the Commission's rules requires that post-auction long-form applications include the exhibits mandated by Section 1.2107(d) (providing a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement the applicant had entered into relating to the competitive bidding process); Section 1.2110(j) (requiring an applicant claiming bidding credit eligibility to describe how it satisfies the eligibility requirements for such bidding credit, and to list and summarize
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- accordance with Section 1.2109(a).7 C. Method of Payment for Down and Final Payments 6.All payments must be in U.S. dollars and made in the form of a wire transfer.8No personal checks, credit card payments, automated clearing house ("ACH"), or other forms of payment will be accepted. All payments must be accompanied by a completed FCC Form 159.9 247 C.F.R. 1.2107(b). 3Id. 447 C.F.R. 1.2109(a). 5Id. 647 C.F.R. 1.2109. A winning bidder that is found unqualified to be a Commission permitee will be deemed to have defaulted, its application will be dismissed, and it will be liable for the payment set forth in Section 1.2104(g)(2) of the Commission's rules. See47 C.F.R. 1.2104(g), 1.2109(c). 747 C.F.R. 1.2109(a). 8The
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- qualifications to hold a Commission license and, if a bidding credit is requested, its eligibility for the requested bidding credit. Thus, a determination that a short-form application is complete and complies with the Commission's competitive bidding rules and policies is not determinative of an applicant's qualifications to hold a license or entitlement to a bidding credit. See 47 C.F.R. 1.2107 - 1.2109; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 163-168 (1994). Requests concerning application qualifications and eligibility for a bidding credit are generally considered after the auction during the long-form application process. In the event that an
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- its qualifications to hold a Commission license and, if a bidding credit is requested, its eligibility for the requested bidding credit. Thus, a determination that a short-form application is complete and complies with the Commission's competitive bidding rules and policies is not determinative of an applicant's qualifications to hold a license or entitlement to a bidding credit. See47 C.F.R. 1.2107 1.2109; see also Amendment of Part 1 of the Commission's Rules Competitive Bidding Procedures, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 163-168 (1994). Requests concerning application qualifications and eligibility for a bidding credit are generally considered after the auction during the long-form application process. In the event that an applicant is
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- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by the U.S. Treasury, New York, NY by 6:00 p.m. ET, March 2, 2009. Late payments, which must include the five percent late fee, must be received by U.S. Treasury, New York by 6:00 p.m. ET, March 16, 2009. Applicants
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- shall be subject to the payments set forth in section 1.2104(g) of the Commission's rules. Tribal Lands Bidding Credit The Commission has implemented a tribal lands bidding credit to encourage the growth of wireless services in federally recognized tribal lands. For information relating to the tribal lands bidding credit, see Attachment E. FCC Form 602 Pursuant to sections 1.919 and 1.2107(f) of the Commission's rules, an applicant for a license in an auctionable service must have on file with the Commission a current ownership disclosure information report (FCC Form 602) providing the applicant's complete and accurate ownership information. As explained in Attachment E, filing an FCC Form 602 is a separate requirement from, and in addition to, the ownership reporting requirements
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- Due shown in Attachment B by 6:00 p.m. ET on December 8, 2009(or by 6:00 p.m. ET on December 22, 2009, along with the five percent late fee required by section 1.2109(a) of the Commission's rules).5Full and timely payment of winning bids and any applicable late fees must be made in accordance with section 1.2109(a) of the 247 C.F.R. 1.2107(b). 3Id. In the event a bidder has withdrawn a bid(s) and is subject to a bid withdrawal payment(s), the bidder's upfront payment will be first applied to satisfy the withdrawal payment(s) before being applied toward its down payment. See 47 C.F.R. 1.2104(g)(1). 447 C.F.R. 1.2109(a). 5Id. 13573 Commission's rules and must occur before action will be taken upon
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- applicant that fails to submit the required FCC Form 601 application(s) prior to 6:00 p.m. Eastern Time (ET) on November 23, 2009, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market names(s). However, an applicant seeking tribal lands bidding credits in one or more markets, but not all markets, is
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- applicant that fails to submit the required FCC Form 601 application(s) prior to 6:00 p.m. Eastern Time (ET) on November 23, 2009, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2107(c). 13589 Number of Forms To Be Filed.Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if allfiling requirements associated with the application are identicalexcept for the market designator(s) and market names(s). However, an applicant seeking tribal lands bidding credits in one or more markets, but not all markets, is encouraged to
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- Bureau Clarifies Spectrum Auction Anti-Collusion Rules, Public Notice, DA 95-2244, 11 FCC Rcd 9645 (1995) (``Anti-Collusion Public Notice''). Nevada Wireless Order, 13 FCC Rcd at 11978 13. Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Memorandum Opinion and Order, 9 FCC Rcd 7684, 7689 12 (1994). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2105(c)(6). See Service Rules for the 698-746, 747-762 and 777-792 MHz Bands, WT Docket No. 06-150, Second Report and Order, FCC 07-132, 22 FCC Rcd 15289, 15403-04 285-86 (2007). 47 C.F.R. 1.65; see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. See 47 C.F.R. 0.459 (requests
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- Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules, Public Notice, DA 95-2244, 11 FCC Rcd 9645 (1995) ("Anti-Collusion Public Notice"). 37Nevada Wireless Order, 13 FCC Rcd at 11978 13. 38Implementation of Section 309(j) of the Communications Act Competitive Bidding, PP Docket No. 93-253, Memorandum Opinion and Order, 9 FCC Rcd 7684, 7689 12 (1994). 39See47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 4047 C.F.R. 1.2105(c)(6). 41See Service Rules for the 698-746, 747-762 and 777-792 MHz Bands, WT Docket No. 06-150, Second Report andOrder, FCC 07-132, 22 FCC Rcd 15289, 15403-04 285-86 (2007). 4247 C.F.R. 1.65; see alsoPart 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. 4455 Federal Communications Commission DA 09-810 17.Parties reporting
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- and Governmental Affairs Bureau at (202) 418-0530 or (202) 418-0432 (TTY). -FCC- See ``Closed Auction of Broadcast Construction Permits Scheduled for July 20, 2010; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Procedures for Auction 88,'' AU Docket No. 10-31, Public Notice, DA 10-524 (rel. March 31, 2010) (``Auction 88 Procedures Public Notice''). See 47 C.F.R. 1.2107 - 1.2109; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 163-168 (1994). See generally 47 C.F.R. 1.2109. See Section I.B., below; see also 47 C.F.R. 1.2106 (upfront payment rule). 47 C.F.R. 1.65, 1.2105(c). The Commission
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- Each of these applicants may become a qualified bidder only if it takesthe following actions by the June 17, 2010,deadlines described below: (1) make the required upfront payments; and (2) resubmit itsapplication, having corrected the deficiencies indicated.7 Each applicant also must maintain the accuracy of its short-form application as required by Sections1.65and 1.2105 of the Commission's rules.8 2See47 C.F.R. 1.2107 1.2109; see alsoAmendment of Part 1 of the Commission's Rules Competitive Bidding Procedures, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 163-168 (1994). 3See generally 47 C.F.R. 1.2109. 4SeeSection I.B., below; see also 47 C.F.R. 1.2106(upfront payment rule). 547 C.F.R. 1.65, 1.2105(c). The Commission recently amended sections 1.65(a) and 1.2105(c)
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- and long-form applications by September 20, 2000. Silver Palm timely made the necessary down payment, bringing its deposits to $78,600, with a remaining balance due of $314,400. However, Silver Palm did not submit its long-form application by the September 20, 2000 deadline, doing so only on October 4, 2000. Along with its long-form application, Silver Palm requested waiver of section 1.2107(c), which provides that an applicant that fails to submit its long-form application on time, and does not establish good cause for doing so, will be deemed to have defaulted. In support of its waiver request, Silver Palm claimed that it had submitted its long-form application after the established deadline because of inadvertence and a lack of awareness of the deadline.
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- applications by September 20, 2000.9 6. Silver Palm timely made the necessary down payment, bringing its deposits to $78,600, with a remaining balance due of $314,400. However, Silver Palm did not submit its long-form application by the September 20, 2000 deadline, doing so only on October 4, 2000. Along with its long- form application, Silver Palm requested waiver of section 1.2107(c), which provides that an applicant that fails to submit its long-form application on time, and does not establish good cause for doing so, will be deemed to have defaulted.10In support of its waiver request, Silver Palm claimed that it had submitted its long-form application after the established deadline because of inadvertence and a lack of awareness of the deadline.11 7.
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- qualifications to hold a Commission license and, if a bidding credit is requested, its eligibility for the requested bidding credit. Thus, a determination that a short-form application is complete and complies with the Commission's competitive bidding rules and policies is not determinative of an applicant's qualifications to hold a license or entitlement to a bidding credit. See 47 C.F.R. 1.2107 - 1.2109; see also Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 163-168 (1994) (``Competitive Bidding Second Report and Order''). Any request concerning an applicant's qualifications and eligibility for a bidding credit is generally considered after the auction during the long-form
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- demonstrate its qualifications to hold a Commission license and, if a bidding credit is requested, its eligibility for the requested bidding credit. Thus, a determination that a short-form application is complete and complies with the Commission's competitivebidding rules and policies is not determinative of an applicant's qualifications to hold a license or entitlement to a bidding credit. See47 C.F.R. 1.2107 1.2109; see also Implementation of Section 309(j) of the Communications Act Competitive Bidding, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 163-168 (1994) ("Competitive BiddingSecond Report and Order"). Any request concerning an applicant's qualifications and eligibility for a bidding credit is generallyconsidered after the auction during the long-form application process. In 9001
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- avoid processing delays. Additional Post-Auction Filing Requirements Each Auction 88 winning bidder, whether filing an amendment to a previously-filed long-form application or filing a complete FCC Form 301-AM application for the first time, must submit the post-auction exhibits required by section 73.5005(a) of the Commission's rules. Specifically, section 73.5005(a) requires that post-auction long-form applications include the exhibits mandated by section 1.2107(d) (providing a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement the applicant had entered into relating to the competitive bidding process); section 1.2110(j) (requiring an applicant claiming bidding credit eligibility to describe how it satisfies the eligibility requirements for such bidding credit, and to list and summarize
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- 2010, along with the five percent late fee required by section 1.2109(a) of the Commission's rules).9Failure to complete the final payment, consistent with the payment method described in this Public Notice, by 6:00 p.m. ET on August 26, 2010 (or by6:00 p.m. ET on September 10, 2010,along with the five percent late fee) will result in default.10 247 C.F.R. 1.2107(b). 3Id. 4SeeSection III. D., "Default and Disqualification Payments," below. 547 C.F.R. 1.2109(a). 6Id. 747 C.F.R. 1.2109. A winning bidder that is found unqualified to be a Commission permittee will be deemed to have defaulted, its application will be dismissed, and it will be liable for the payment set forth in Section 1.2104(g)(2) of the Commission's rules. See47 C.F.R.
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- be subject to the payments set forth in section 1.2104(g) of the Commission's rules. Tribal Lands Bidding Credit The Commission has implemented a tribal lands bidding credit to encourage the growth of wireless services on the lands of federally-recognized tribes. For information relating to the tribal lands bidding credit, see Attachment F. FCC Form 602 Pursuant to sections 1.919 and 1.2107(f) of the Commission's rules, an applicant for a license in an auctionable service must, at the time of submitting its FCC Form 601, have on file with the Commission a current ownership disclosure information report (FCC Form 602) providing the applicant's complete and accurate ownership information. As explained in Attachment F, filing an ownership disclosure information report (FCC Form 602)
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- payment method described in this Public Notice, by 6:00 p.m. ET on August 26, 2010, will result in default.4 B. Final Payments 7. Each winning bidder will be required to submit the balance of the net amount of its winning bid(s) by September 10, 2010,5as set out in the "Final Balance Due by Sep 10, 2010 or 247 C.F.R. 1.2107(b). 3Id. In the event a bidder has withdrawn a bid(s) and is subject to a bid withdrawal payment(s), the bidder's upfront payment will be first applied to satisfy the withdrawal payment(s) before being applied toward its down payment(s). See 47 C.F.R. 1.2104(g)(1). 4SeeSection III. D., "Withdrawal, Default and Disqualification Payments," below. 547 C.F.R. 1.2109(a). 18165 (Refund)" column of
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- to provide you with this notice. This collection has been assigned an OMB control number of 3060-0798. THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, P.L. 104-13, OCTOBER 1, 1995, 44 U.S.C. 3507. See 47 C.F.R. 1.65. See 47 C.F.R. 1.934(a), (d), (f); see also 47 C.F.R. 1.933(b). See 47 C.F.R. 1.2104(g), 1.2107(c). The following three radio service codes apply to licenses available in Auction 87: ``CP'' is for Part 22 VHF/UHF Paging (excluding 931 MHz) licenses; ``CZ'' for Part 22 931 MHz Paging licenses; and ``GC'' for 929-931 MHz Band (Auctioned) licenses. Implementation of the Commercial Spectrum Enhancement Act and Modernization of the Commission's Competitive Bidding Rules and Procedures, WT Docket No.
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- "yes or no" questions. You must respond to all of the questions on the application. If you respond "Yes" to a question, you may be required to file an attachment explaining the specific circumstances (see form for specific instructions). An "Attachments" link is provided for uploading attachment files. You are responsible for filing all required attachments. 3See47 C.F.R. 1.2104(g), 1.2107(c). 4 The following three radio service codes apply to licenses available in Auction 87: "CP" is for Part 22 VHF/UHF Paging (excluding 931 MHz) licenses; "CZ" for Part 22 931 MHz Paging licenses; and "GC" for 929-931 MHz Band (Auctioned) licenses. 5 Implementation of the Commercial Spectrum Enhancement Act and Modernization of the Commission's Competitive Bidding Rules and Procedures, WT
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- Report No. AUC-87, as well as to the specific file number of the individual application. 1 Auction of Lower and Upper Paging Bands Licenses Closes; Winning Bidders Announced for Auction 87, Public Notice, DA 10-1463 (rel. Aug. 12, 2010) (WTB 2010). 2 Certain applicants failed to file the required FCC Form 601 by August 26, 2010, as required by section 1.2107 of the Commission's Rules, 47 C.F.R. 1.2107(c), and have sought waivers to allow late filing of their FCC Form 601. See Burlington Communications Service Center, Inc., File No. 0004371447 (filed Aug. 31, 2010); Communications Equipment, File No. 0004371681 (filed Aug. 31, 2010); Gabriel Wireless, LLC, File No. 0004372624 (filed Aug. 31, 2010); Indiana Paging Network, Inc., File No. 0004372008
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- Report No. AUC-87, as well as to the specific file number of the individual application. 1 Auction of Lower and Upper Paging Bands Licenses Closes; Winning Bidders Announced for Auction 87, Public Notice, DA 10-1463 (rel. Aug. 12, 2010) (WTB 2010). 2 Certain applicants failed to file the required FCC Form 601 by August 26, 2010, as required by section 1.2107 of the Commission's Rules, 47 C.F.R. 1.2107(c), and have sought waivers to allow late filing of their FCC Form 601. See Burlington Communications Service Center, Inc., File No. 0004371447 (filed Aug. 31, 2010); Communications Equipment, File No. 0004371681 (filed Aug. 31, 2010); Gabriel Wireless, LLC, File No. 0004372624 (filed Aug. 31, 2010); Indiana Paging Network, Inc., File No. 0004372008
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- public notice. Tribal Lands Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally recognized tribal lands that are unserved by any telecommunications carrier or that have a wireline penetration rate equal to or below 85 percent is eligible to receive a tribal lands bidding credit as set forth in sections 1.2107 and 1.2110(f). A tribal lands bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal lands bidding credit after the auction when it files its long-form application (FCC Form 601). When initially
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- and Order, FCC 98-203, 13 FCC Rcd 23,755, 23,760 11 (1998). 34See Section IV.A.2. "Information Available to Bidders Before and During the Auction," below. 35 47 C.F.R. 1.2105(c)(7)(i). 36See,generally,Anti-Collusion Public Notice. 37Nevada Wireless Order, 13 FCC Rcd at 11,978 13. 38Competitive BiddingMemorandum Opinion and Order, 9 FCC Rcd at 7689 12. 39 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 6340 Federal Communications Commission DA 10-18 7 f. Antitrust Laws 25. Applicants are also reminded that, regardless of compliance with the Commission's rules, they remain subject to the antitrust laws, which are designed to prevent anticompetitive behavior in the marketplace.40 Compliance with the disclosure requirements of section 1.2105(c) will not insulate a party from enforcement of the antitrust
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- Bureau Clarifies Spectrum Auction Anti-Collusion Rules, Public Notice, DA 95-2244, 11 FCC Rcd 9645 (1995) (``Anti-Collusion Public Notice''). Nevada Wireless Order, 13 FCC Rcd at 11978 13. Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Memorandum Opinion and Order, 9 FCC Rcd 7684, 7689 12 (1994). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. See Service Rules for the 698-746, 747-762 and 777-792 MHz Bands, WT Docket No. 06-150, Second Report and Order, FCC 07-132, 22 FCC Rcd 15,289, 15,403-04 285-86 (2007). 47 C.F.R. 1.65; see also Part 1 Seventh Report
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- Clarifies Spectrum Auction Anti-Collusion Rules, Public Notice, DA 95-2244, 11 FCC Rcd 9645 (1995) ("Anti-Collusion Public Notice"). 38Nevada Wireless Order, 13 FCC Rcd at 11978 13. 39 Implementation of Section 309(j) of the Communications Act Competitive Bidding, PP Docket No. 93-253, Memorandum Opinion and Order, 9 FCC Rcd 7684, 7689 12 (1994). 40See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 14887 Federal Communications Commission DA 10-2008 immediately, and in no case later than five business days after the communication occurs.41 The Commission has clarified that each applicant's obligation to report any such communication continues beyond the five-day period after the communication is made, even if the report is not made within the five-day period.42 19. In addition, section
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- Auction Anti-Collusion Rules, Public Notice, DA 95-2244, 11 FCC Rcd 9645 (WTB 1995) (``Anti-Collusion Public Notice''). Nevada Wireless Order, 13 FCC Rcd at 11978 13. Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Memorandum Opinion and Order, FCC 94-295, 9 FCC Rcd 7684, 7689 12 (1994). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. See Service Rules for the 698-746, 747-762 and 777-792 MHz Bands, WT Docket No. 06-150, Second Report and Order, FCC 07-132, 22 FCC Rcd 15,289, 15,395 285-86 (2007). 47 C.F.R. 1.65; see also Part 1 Seventh Report
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- take care to ensure that any report of a prohibited communication does not itself give 40Nevada Wireless Order, 13 FCC Rcd at 11978 13. 41 Implementation of Section 309(j) of the Communications Act Competitive Bidding, PP Docket No. 93-253, Memorandum Opinion and Order, FCC 94-295, 9 FCC Rcd 7684, 7689 12 (1994). 42See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 43 47 C.F.R. 1.2105(c)(6); see alsoPart 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. 44See Service Rules for the 698-746, 747-762 and 777-792 MHz Bands, WT Docket No. 06-150, Second Report and Order, FCC 07-132, 22 FCC Rcd 15,289, 15,395 285-86 (2007). 45 47 C.F.R. 1.65; see alsoPart 1 Seventh Report
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- payment, and the FCC Form 159, contact Gail Glasser, Office of the Managing Director, Financial Operations, Auctions Accounting Group, at (202) 418-0578. See TPS Utilicom, Inc. Request for Waiver of Sections 1.2109 and 1.207 of the Commission's Rules Regarding BTA043, BTA127, BTA215, and BTA330, Order, 16 FCC Rcd14835 (2001) (Order); TPS Utilicom, Inc. Request for Waiver of Sections 1.2109 and 1.2107 of the Commission's Rules Regarding BTA043, BTA127, BTA215, and BTA330, Order on Reconsideration, 18 FCC Rcd 2516 (2003) (Order on Reconsideration). TPS also defaulted on three other licenses in Auction 35: CW-BTA043-C1 (Binghamton, NY); CW-BTA215-C3 (Jamestown, NY-Warren, PA); and CW-BTA330-C3 (Olean, NY-Bradford, PA). Two of the licenses - CWBTA043-C1 and CWBTA215-C3 - were sold in Auction 58, and the Commission
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- the monies it had on deposit.4 A new license for the same spectrum was offered in a subsequent auction of broadband PCS 1See TPS Utilicom, Inc. Request for Waiver of Sections 1.2109 and 1.207 of the Commission's Rules Regarding BTA043, BTA127, BTA215, and BTA330, Order, 16 FCC Rcd14835 (2001) (Order); TPS Utilicom, Inc. Request for Waiver of Sections 1.2109 and 1.2107 of the Commission's Rules Regarding BTA043, BTA127, BTA215, and BTA330, Order on Reconsideration, 18 FCC Rcd 2516 (2003) (Order on Reconsideration). TPS also defaulted on three other licenses in Auction 35: CW-BTA043-C1 (Binghamton, NY); CW-BTA215-C3 (Jamestown, NY-Warren, PA); and CW-BTA330-C3 (Olean, NY-Bradford, PA). Two of the licenses CWBTA043-C1 and CWBTA215-C3 were sold in Auction 58, and the Commission assessed the
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- Wireless Telecommunications Bureau and Audio Division, Media Bureau: INTRODUCTION In this Order, we deny a Request for Waiver filed by Ted W. Austin, Jr., who was a winning bidder for one FM station construction permit in Baggs, Wyoming, (MM-FM477-A) in Auction 62. Mr. Austin failed to make his required down payment for the permit by the deadline established under section 1.2107(b) of the Commission's rules and now seeks waiver of that deadline. For the reasons set forth below, we deny Mr. Austin's Request for Waiver, assess an interim default payment, and dismiss his long-form application for the Baggs, Wyoming, FM permit. BACKGROUND On April 14, 2005, the Wireless Telecommunications Bureau and Media Bureau (collectively, the ``Bureaus'') announced that they would hold
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- Bureau and Audio Division, Media Bureau: I. INTRODUCTION 1. In this Order, we deny a Request for Waiver filed by Ted W. Austin, Jr., who was a winning bidder for one FM station construction permit in Baggs, Wyoming, (MM-FM477-A) in Auction 62. Mr. Austin failed to make his required down payment for the permit by the deadline established under section 1.2107(b) of the Commission's rules1and now seeks waiver of that deadline.2For the reasons set forth below, we deny Mr. Austin's Request for Waiver, assess an interim default payment, and dismiss his long-formapplication for the Baggs, Wyoming, FM permit. II. BACKGROUND 2. On April 14, 2005, the Wireless Telecommunications Bureau and Media Bureau (collectively, the "Bureaus") announced that they would hold an
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- Bureau Clarifies Spectrum Auction Anti-Collusion Rules, Public Notice, DA 95-2244, 11 FCC Rcd 9645 (1995) (``Anti-Collusion Public Notice''). Nevada Wireless Order, 13 FCC Rcd at 11978 13. Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Memorandum Opinion and Order, 9 FCC Rcd 7684, 7689 12 (1994). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. See Service Rules for the 698-746, 747-762 and 777-792 MHz Bands, WT Docket No. 06-150, Second Report and Order, FCC 07-132, 22 FCC Rcd 15,289, 15,403-04 285-86 (2007). 47 C.F.R. 1.65; see also Part 1 Seventh Report
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- or (202) 418-0432 (TTY). - FCC - See ``Auction of Lower and Upper Paging Bands Licenses Scheduled for May 25, 2010; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Procedures for Auction 87,'' AU Docket No. 09-205, Public Notice, DA 10-18 (rel. Jan. 22, 2010) (``Auction 87 Procedures Public Notice''). See, generally, id. See 47 C.F.R. 1.2107 - 1.2109; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 163-168 (1994). In the event that an applicant is found unqualified to be a Commission licensee or ineligible for claimed designated entity benefits, it will be liable for
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- of an applicant's qualifications to hold a license or of entitlement to a bidding credit.4 8. Complete Applications.Attachment A to this Public Noticelists the short-form applications for Auction 87 that are complete. These applicants will become qualified bidders in Auction 87 upon receipt of the required upfront payment by 6:00 p.m. ET on Friday, April 30, 2010.5 3See47 C.F.R. 1.2107 1.2109; see alsoAmendment of Part 1 of the Commission's Rules Competitive Bidding Procedures, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 163-168 (1994). In the event that an applicant is found unqualified to be a Commission licensee or ineligible for claimed designated entity benefits, it will be liable for any obligations incurred as
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- qualifications to hold a Commission license and, if a bidding credit is requested, its eligibility for the requested bidding credit. Thus, a determination that a short-form application is complete and complies with the Commission's competitive bidding rules and policies is not determinative of an applicant's qualifications to hold a license or entitlement to a bidding credit. See 47 C.F.R. 1.2107 - 1.2109; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 163-168 (1994). Requests concerning application qualifications and eligibility for a bidding credit are generally considered after the auction during the long-form application process. In the event that an
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- (877) 480-3201, option nine; (202) 414-1250; or (202) 414-1255 (TTY). bidding credit is requested, its eligibility for the requested bidding credit. Thus, a determination that a short-form application is complete and complies with the Commission's competitive bidding rules and policies is not determinative of an applicant's qualifications to hold a license or entitlement to a bidding credit. See47 C.F.R. 1.2107 1.2109; see also Amendment of Part 1 of the Commission's Rules Competitive Bidding Procedures, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 163-168 (1994). Requests concerning application qualifications and eligibility for a bidding credit are generally considered after the auction during the long-form application process. In the event that an applicant is
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- Rcd at 448-50 46-49. See Auction 71 Procedures Public Notice, 22 FCC Rcd at 448 42-45; Implementation of Section 309(j) of the Communications Act - Competitive Bidding, Second Report and Order, 9 FCC Rcd 2348, 2376 15 (1994). See, e.g., Winstar Broadcasting Corp., Order on Reconsideration, 20 FCC Rcd 2043, 2051 17 (2005). 47 C.F.R. 1.2107. If, during review of the long-form applications, an applicant is discovered to have made a false certification or to be ineligible for the license on which it bid, the Commission has a number of sanctions it can impose against the applicant, in penalties, including monetary forfeitures, license forfeitures, ineligibility to participate in future auctions, and/or criminal prosecution. See Auction 71
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- 78,124we find it instructive, particularly in considering Blue Sky's 119See Auction 71 Procedures Public Notice, 22 FCC Rcd at 448 42-45; Implementation of Section 309(j) of the Communications Act -Competitive Bidding, Second Report and Order,9 FCC Rcd 2348, 2376 15 (1994). 120See, e.g.,Winstar Broadcasting Corp., Order on Reconsideration,20 FCC Rcd 2043, 2051 17 (2005). 12147 C.F.R. 1.2107. If, during review of the long-form applications, an applicant is discovered to have made a false certification or to be ineligible for the license on which it bid, the Commission has a number of sanctions it can impose against the applicant, in penalties, including monetary forfeitures, license forfeitures, ineligibility to participate in future auctions, and/or criminal prosecution. See Auction 71
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- qualifications to hold a Commission license and, if a bidding credit is requested, its eligibility for the requested bidding credit. Thus, a determination that a short-form application is complete and complies with the Commission's competitive bidding rules and policies is not determinative of an applicant's qualifications to hold a license or entitlement to a bidding credit. See 47 C.F.R. 1.2107 - 1.2109; see also Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 163-168 (1994). Any request concerning an applicant's qualifications and eligibility for a bidding credit is generally considered after the auction during the long-form application review process. In the event
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- demonstrate its qualifications to hold a Commission license and, if a bidding credit is requested, its eligibility for the requested bidding credit. Thus, a determination that a short-form application is complete and complies with the Commission's competitive bidding rules and policies is not determinative of an applicant's qualifications to hold a license or entitlement to a biddingcredit. See47 C.F.R. 1.2107 1.2109; see also Implementation of Section 309(j) of the Communications Act Competitive Bidding, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 163-168 (1994). Any 9267 3.In order to participate effectively in the auction, each qualified bidder should again review the auction rules, procedures, and other information described in the Auction 92 Procedures
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- be subject to the payments set forth in section 1.2104(g) of the Commission's rules. Tribal Lands Bidding Credit The Commission has implemented a tribal lands bidding credit to encourage the growth of wireless services on the lands of federally-recognized tribes. For information relating to the tribal lands bidding credit, see Attachment E. FCC Form 602 Pursuant to sections 1.919 and 1.2107(f) of the Commission's rules, an applicant for a license in an auctionable service must, at the time of submitting its FCC Form 601, have on file with the Commission a current ownership disclosure information report (FCC Form 602) providing the applicant's complete and accurate ownership information. As explained in Attachment E, filing an ownership disclosure information report (FCC Form 602)
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- the net amount of its winning bid(s) as set out in the "Final Balance Due by August 25, 2011or (Refund)" column of Attachment B.5Each winning bidder must pay the full amount of the Final Balance Due shown in Attachment B by 6:00 p.m. ET on August 25, 2011(or by 6:00 p.m. ET on September 9, 2011, along 247 C.F.R. 1.2107(b). 3Id. In the event a bidder has withdrawn a bid and is subject to a bid withdrawal payment, the bidder's upfront payment will be first applied to satisfy the withdrawal payment before being applied toward its down payment. See 47 C.F.R. 1.2104(g)(1). 4SeeSection III. D., "Withdrawal, Default and Disqualification Payments," below. 547 C.F.R. 1.2109(a). 10495 with the five
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- to provide you with this notice. This collection has been assigned an OMB control number of 3060-0798. THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, P.L. 104-13, OCTOBER 1, 1995, 44 U.S.C. 3507. See 47 C.F.R. 1.65. See 47 C.F.R. 1.934(a), (d), (f); see also 47 C.F.R. 1.933(b). See 47 C.F.R. 1.2104(g), 1.2107(c). Implementation of the Commercial Spectrum Enhancement Act and Modernization of the Commission's Competitive Bidding Rules and Procedures, WT Docket No. 05-211, Report and Order, 21 FCC Rcd 891, 911-12 51-52 (2006) (``CSEA Report and Order''). 47 C.F.R. 1.2107(g). See 47 C.F.R. 1.2107(g)(1)(i). See 47 C.F.R. 1.2107(g)(1)(ii). 47 C.F.R. 1.927, 1.2107(c). An applicant applying for a
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- "yes or no" questions. You must respond to all of the questions on the application. If you respond "Yes" to a question, you may berequired to file an attachment explaining the specific circumstances (see form for specific instructions). An "Attachments" link is provided for uploading attachment files. You are responsible for filing all required attachments. 3See 47 C.F.R. 1.2104(g), 1.2107(c). 4Implementation of the Commercial Spectrum Enhancement Act and Modernization of the Commission's Competitive Bidding Rules and Procedures, WT Docket No. 05-211, Report and Order, 21 FCC Rcd 891, 911-12 51-52 (2006) ("CSEA Report and Order"). 547 C.F.R. 1.2107(g). 6See 47 C.F.R. 1.2107(g)(1)(i). 7See 47 C.F.R. 1.2107(g)(1)(ii). 10508 E- Applications mustbecompleted within the specific filing window of the
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- procedures to resolve mutually exclusive applications for certain initial licenses. Need: These rules are needed to implement the Commission's competitive bidding authority under Section 309(j) of the Communications Act of 1934, as amended, including the designated entity and tribal land bidding credit programs. Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 155, 157, 225, 303(r) and 309(j). Section Number and Title: 1.2107(e) Submission of down payment and filing of long-form applications. 1.2110(b), (c), (f)(3) Designated entities. SUBPART V-IMPLEMENTATION OF SECTION 706 OF THE TELECOMMUNICATIONS ACT OF 1996; COMMISSION COLLECTION OF ADVANCED TELECOMMUNICATIONS CAPABILITY DATA Brief Description: Part 1 contains rules relating to Commission practices and procedures. Subpart V sets forth the rules by which certain commercial and government-controlled entities report data to
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- or construction permit and, if a bidding credit is requested, its eligibility for the requested bidding credit. Thus, a determination that a short-form application is complete and complies with the Commission's competitive bidding rules and policies is not determinative of an applicant's qualifications to hold a license or construction permit, or entitlement to a bidding credit. See 47 C.F.R. 1.2107 - 1.2109; see also Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 163-168 (1994) (``Competitive Bidding Second Report and Order''). Any request concerning an applicant's qualifications and eligibility for a bidding credit is generally considered after the auction during the long-form
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- license or construction permit and, if a bidding credit is requested, its eligibility for the requested bidding credit. Thus, a determination that a short-form application is complete and complies with the Commission's competitive bidding rules and policies is not determinative of an applicant's qualifications to hold a license or construction permit, or entitlement to a bidding credit. See47 C.F.R. 1.2107 1.2109;see also Implementation of Section 309(j) of the Communications Act Competitive Bidding, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC 881 3.In order to participate effectively in the auction, each qualified bidder should again familiarize itself with the auction rules, procedures, and other information described in the Auction 90 Procedures Public Noticeand subsequent public notices.3These public
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- the Commission Rules. By public notice, the Media Bureau will announce the grant of the construction permit for which the Commission has received timely final payment of the winning bid amount. The facility authorization will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by the U.S. Treasury, New York, by 6:00 p.m. ET, September 29, 2011. Late payments, which must include the five percent late fee, must be received by the U.S. Treasury, New York, by 6:00 p.m. ET, October 14, 2011. Applicants
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- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by the U.S. Treasury, New York, by 6:00 p.m. ET, September 29, 2011. Late payments, which must include the five percent late fee, must be received by U.S. Treasury, New York, by 6:00 p.m. ET, October 14, 2011. Applicants must
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- Third Report and Order and Second Further Notice of Proposed Rule Making, FCC 97-413, 13 FCC Rcd 374, 467-68 163 (1997) (``Part 1 Third Report and Order''). 47 C.F.R. 1.2105(a)(2)(ix). Nevada Wireless Order, 13 FCC Rcd at 11978 13. Competitive Bidding Memorandum Opinion and Order, 9 FCC Rcd at 7689 12. See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17553-55 13-17. See Service Rules for the 698-746, 747-762 and 777-792 MHz Bands, WT Docket No. 06-150, Second Report and Order, FCC 07-132, 22 FCC Rcd 15,289, 15,395 285-86 (2007). 47 C.F.R. 1.65; see also Part 1 Seventh Report
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- of Commission filing procedures that would allow such materials to be made available for public inspection. 25. Section 1.2105(c) requires parties to file only a single report concerning a prohibited communication and to file that report with Commission personnel expressly charged with administering 39Competitive Bidding Memorandum Opinion and Order, 9 FCC Rcd at 7689 12. 40See47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 4147 C.F.R. 1.2105(c)(6); see alsoPart 1 Seventh Report and Order, 16 FCC Rcd at 17553-55 13-17. 42SeeService Rules for the 698-746, 747-762 and 777-792 MHz Bands, WT Docket No. 06-150, Second Report and Order, FCC 07-132, 22 FCC Rcd 15,289, 15,395 285-86 (2007). 4347 C.F.R. 1.65; see alsoPart 1 Seventh Report and Order, 16
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- Form 301 application filing fee electronically using the CDBS filing system in order to avoid processing delays. Additional Post-Auction Filing Requirements When filing complete FCC Form 301 applications, the Auction 90 winning bidder must submit the post-auction exhibits required by section 73.5005(a) of the Commission's rules. Specifically, section 73.5005(a) requires that post-auction long-form applications include the exhibits mandated by section 1.2107(d) (providing a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement the applicant had entered into relating to the competitive bidding process); section 1.2110(j) (requiring an applicant claiming bidding credit eligibility to describe how it satisfies the eligibility requirements for such bidding credit, and to list and summarize
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- payment method described in this Public Notice, by 6:00 p.m. ET on March29, 2011(or by6:00 p.m. ET on April 12, 2011,along with the five percent late fee) will result in default.10 C. Method of Payment for Down and Final Payments 8.All payments must be in U.S. dollars and made in the form of a wire transfer.11No checks, 247 C.F.R. 1.2107(b). 3Id. 4SeeSection III. D., "Default and Disqualification Payments," below. 547 C.F.R. 1.2109(a). 6Id. 7Id. 8Id. 9Id. 10Section III.D., "Default and Disqualification Payments," below. 11The wire transfer must be initiated by the winning bidder through its bank, authorizing the bank to wire funds from the bidder's account to the Commission's account, designated to receive payments for financial obligations resulting from
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- public notice. Tribal Lands Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally recognized tribal lands that are unserved by any telecommunications carrier or that have a wireline penetration rate equal to or below 85 percent is eligible to receive a tribal lands bidding credit as set forth in sections 1.2107 and 1.2110(f). A tribal lands bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal lands bidding credit after the auction when it files its long-form application (FCC Form 601). When initially
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- may well violate 47 C.F.R. 1.2105(c). 24See Section IV.A.2. "Information Available to Bidders Before and During the Auction," below. 25 47 C.F.R. 1.2105(c)(7)(i). 26Seegenerally,Anti-Collusion Public Notice, 11 FCC Rcd at 9645. 27Nevada Wireless Order, 13 FCC Rcd at 11,978 13. 28Competitive Bidding Memorandum Opinion and Order, 9 FCC Rcd at 7689 12. 29See47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 30 47 C.F.R. 1.2105(c)(6); see alsoPart 1 Seventh Report and Order, 16 FCC Rcd at 17,555 17. 3348 Federal Communications Commission DA 11-420 6 beyond the five-day period after the communication is made, even if the report is not made within the five day period.31 21. In addition, section 1.65 of the Commission's rules requires an
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- with an attributable interest in the applicant, has an attributable interest in more than three media of mass communications, or in any existing media of mass communications in the ``same area'' as the broadcast facility proposed in this auction. 47 C.F.R. 73.5007. See 47 C.F.R. 73.5007(b)(1)-(3) for the specific service definitions of ``same area.'' See 47 C.F.R. 1.2107,1.2109, 73.5005; see also Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 163-168 (1994). See generally 47 C.F.R. 1.2109. See 47 C.F.R. 1.2105(b), 1.2106. 47 C.F.R. 1.65, 1.2105. Each of these rejected applicants will retain its status as an
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- or entity with an attributable interest in the applicant, has an attributable interest in more than three media of mass communications, or in any existing media of mass communications in the "same area" as the broadcast facility proposed in this auction. 47 C.F.R. 73.5007. See47 C.F.R. 73.5007(b)(1)-(3) for the specific service definitions of "same area." 5See47 C.F.R. 1.2107,1.2109, 73.5005; see alsoImplementation of Section 309(j) of the Communications Act Competitive Bidding, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 163-168 (1994). 6See generally 47 C.F.R. 1.2109. 7See 47 C.F.R. 1.2105(b), 1.2106. 847 C.F.R. 1.65, 1.2105. 3422 disqualified from participation in Auction 91.9 In Auction 91, rejected short-form applications
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- or construction permit and, if a bidding credit is requested, its eligibility for the requested bidding credit. Thus, a determination that a short-form application is complete and complies with the Commission's competitive bidding rules and policies is not determinative of an applicant's qualifications to hold a license or construction permit, or entitlement to a bidding credit. See 47 C.F.R. 1.2107 - 1.2109; see also Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 163-168 (1994). Any request concerning an applicant's qualifications and eligibility for a bidding credit is generally considered after the auction during the long-form application process. In the event that
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- Commission license or construction permit and, if a bidding credit is requested, its eligibility for the requested bidding credit. Thus, a determination that a short-form application is complete and complies with the Commission's competitive bidding rules andpolicies is not determinative of an applicant's qualifications to hold a license or construction permit, or entitlement to a bidding credit. See47 C.F.R. 1.2107 1.2109; see also Implementation of Section 309(j) of the Communications Act Competitive Bidding, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC 5805 3.In order to participate effectively in the auction, each qualified bidder should again familiarize itself with the auction rules, procedures, and other information described in the Auction 91 Procedures Public Noticeand subsequent public notices.4
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- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by the U.S. Treasury, New York, NY by 6:00 p.m. ET, May 11, 2011. Late payments, which must include the five percent late fee, must be received by U.S. Treasury, New York by 6:00 p.m. ET, May 25, 2011. Applicants
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- with an attributable interest in the applicant, has an attributable interest in more than three media of mass communications, or in any existing media of mass communications in the ``same area'' as the broadcast facility proposed in this auction. 47 C.F.R. 73.5007. See 47 C.F.R. 73.5007(b)(1)-(3) for the specific service definitions of ``same area''. See 47 C.F.R. 1.2107 - 1.2109; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 163-168 (1994). See generally 47 C.F.R. 1.2109. See 47 C.F.R. 1.2105(b), 1.2106. 47 C.F.R. 1.65, 1.2105. See Auction 90 Procedures Public Notice at 94-98.
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- or entity with an attributable interest in the applicant, has an attributable interest in more than three media of mass communications, or in any existing media of mass communications in the "same area" as the broadcast facility proposed in this auction. 47 C.F.R. 73.5007. See47 C.F.R. 73.5007(b)(1)-(3) for the specific service definitions of "same area". 5See47 C.F.R. 1.2107 1.2109; see alsoAmendment of Part 1 of the Commission's Rules Competitive Bidding Procedures, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 163-168 (1994). 6See generally 47 C.F.R. 1.2109. 7See 47 C.F.R. 1.2105(b), 1.2106. 847 C.F.R. 1.65, 1.2105. 62 B. Upfront Payments 6.Upfront payments and accompanying FCC Remittance Advice forms (FCC
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- Form 301 application filing fee electronically using the CDBS filing system in order to avoid processing delays. Additional Post-Auction Filing Requirements When filing complete FCC Form 301 applications, each Auction 91 winning bidder must submit the post-auction exhibits required by section 73.5005(a) of the Commission's rules. Specifically, section 73.5005(a) requires that post-auction long-form applications include the exhibits mandated by section 1.2107(d) (providing a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement the applicant had entered into relating to the competitive bidding process); section 1.2110(j) (requiring an applicant claiming bidding credit eligibility to describe how it satisfies the eligibility requirements for such bidding credit, and to list and summarize
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- late fees, in accordance with section 1.2109(a).8 7.A wire transfer(s) of final payments must be received by the Commission by 6:00 p.m. ET on June 21,2011(or by 6:00 p.m. ET on July 6, 2011, along with the five percent late fee required by section 1.2109(a) of the Commission's rules).9Failure to complete the final payment, consistent with the 247 C.F.R. 1.2107(b). 3Id. 4SeeSection III. D., "Default and Disqualification Payments," below. 547 C.F.R. 1.2109(a). 6Id. 7Id. 8Id. 9Id. 7542 payment method described in this Public Notice, by 6:00 p.m. ET on June 21, 2011(or by6:00 p.m. ET on July 6, 2011,along with the five percent late fee) will result in default.10 C. Method of Payment for Down and Final Payments 8.All
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- Bidding Rules, WT Docket No. 10-18, Order, FCC 10-4, 25 FCC Rcd 521, 523 8 (2010) (``Part 1 Procedural Amendments Order''). See also 47 C.F.R. 1.2105(c)(6) (any applicant that makes or receives a prohibited communication must report such communication in writing to the Commission no later than five business days after the communication occurs). See 47 C.F.R. 1.2107 - 1.2109; see also Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 163-168 (1994). See generally 47 C.F.R. 1.2109. See 47 C.F.R. 1.2105(b), 1.2106. 47 C.F.R. 1.65, 1.2105. See Auction 92 Procedures Public Notice, 26 FCC Rcd at
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- wire transfer to be initiated and completed prior to the deadline. The Commission repeatedly has cautioned auction participants about the importance of planning ahead to 47 C.F.R. 1.2105(c)(6) (any applicant that makes or receives a prohibited communication must report such communication in writing to the Commission no later than five business days after the communication occurs). 4See47 C.F.R. 1.2107 1.2109; see alsoImplementation of Section 309(j) of the Communications Act Competitive Bidding, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 163-168 (1994). 5See generally47 C.F.R. 1.2109. 6See 47 C.F.R. 1.2105(b), 1.2106. 747 C.F.R. 1.65, 1.2105. 8See Auction 92 Procedures Public Notice, 26 FCC Rcd at 3367-68 102-07. A
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- with an attributable interest in the applicant, has an attributable interest in more than three media of mass communications, or in any existing media of mass communications in the ``same area'' as the broadcast facility proposed in this auction. 47 C.F.R. 73.5007. See 47 C.F.R. 73.5007(b)(1)-(3) for the specific service definitions of ``same area.'' See 47 C.F.R. 1.2107, 1.2109, 73.5005; see also Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 163-168 (1994). See generally 47 C.F.R. 1.2109. See 47 C.F.R. 1.2105(b), 1.2106. 47 C.F.R. 1.65, 1.2105. Each of these rejected applicants will retain its status as
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- or entity with an attributable interest in the applicant, has an attributable interest in more than three media of mass communications, or in any existing media of mass communications in the "same area" as the broadcast facility proposed in this auction. 47 C.F.R. 73.5007. See47 C.F.R. 73.5007(b)(1)-(3) for the specific service definitions of "same area." 5See47 C.F.R. 1.2107, 1.2109, 73.5005; see alsoImplementation of Section 309(j) of the Communications Act Competitive Bidding, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 163-168 (1994). 6See generally 47 C.F.R. 1.2109. 7See 47 C.F.R. 1.2105(b), 1.2106. 847 C.F.R. 1.65, 1.2105. 1301 disqualifiedfrom participation in Auction 93.9 Rejected short-form applications are applications in
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- or construction permit and, if a bidding credit is requested, its eligibility for the requested bidding credit. Thus, a determination that a short-form application is complete and complies with the Commission's competitive bidding rules and policies is not determinative of an applicant's qualifications to hold a license or construction permit, or entitlement to a bidding credit. See 47 C.F.R. 1.2107 - 1.2109; see also Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 163-168 (1994). Commission staff generally considers an applicant's qualifications and eligibility for a bidding credit after the auction during the long-form application process. In the event that an applicant
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- license or construction permit and, if a bidding credit is requested, its eligibility for the requested bidding credit. Thus, a determination that a short-form application is complete and complies with the Commission's competitive bidding rules and policies is not determinative of an applicant's qualifications to hold a license or construction permit, or entitlement to a bidding credit. See47 C.F.R. 1.2107 1.2109; see also Implementation of Section 309(j) of the Communications Act Competitive Bidding, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 163-168 (1994). Commission staff generally considers an applicant's qualifications and eligibility for a bidding credit after the auction during the long-form application process. In the event that an applicant is found
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- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by the U.S. Treasury, New York, by 6:00 p.m. ET, January 30, 2012. Late payments, which must include the five percent late fee, must be received by U.S. Treasury, New York, by 6:00 p.m. ET, February 13, 2012. Applicants must
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- Officer, Trident Global Communications, LLC to Marlene H. Dortch, Secretary, Federal Communications Commission (filed June 7, 2010) (``June 7th Letter''). 47 C.F.R. 1.2104(g)(2); see also Auction 86 Closing Public Notice, 24 FCC Rcd at 13,577 25. Auction 86 Closing Public Notice, 24 FCC Rcd 13,572. Id. at 13,573 4, 13,578 30; see also 47 C.F.R. 1.2107(b), (c). Auction 86 Closing Public Notice, 24 FCC Rcd at 13,573-74 6; see also 47 C.F.R. 1.2109(a). Auction 86 Closing Public Notice, 24 FCC Rcd at 13,573 4. See id. at 13,585-86. See id. at 13,586. Commission staff sent to Trident Global on November 6, 2009, a pre-filled Remittance Advice Form (Form 159) showing the amount of
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- Scott Chamberlain, Chief Financial Officer, Trident Global Communications, LLC to Marlene H. Dortch, Secretary, Federal Communications Commission (filed June 7, 2010) ("June 7thLetter"). 347 C.F.R. 1.2104(g)(2); see alsoAuction 86 Closing Public Notice, 24 FCC Rcd at 13,577 25. 4Auction 86 Closing Public Notice, 24 FCC Rcd 13,572. 5Id.at 13,573 4, 13,578 30; see also47 C.F.R. 1.2107(b), (c). 6Auction 86 Closing Public Notice, 24 FCC Rcd at 13,573-74 6; see also47 C.F.R. 1.2109(a). 7Auction 86 Closing Public Notice, 24 FCC Rcd at 13,573 4. 3193 Trident Global Communications, LLC DA 12-521 April2, 2012 Trident Global's net winning bid totaled $655,000.00.8The Bureau applied the $60,000.00 upfront payment amount that Trident Global had on deposit toward
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- Form 301 application filing fee electronically using the CDBS filing system in order to avoid processing delays. Additional Post-Auction Filing Requirements When filing complete FCC Form 301 applications, each Auction 93 winning bidder must submit the post-auction exhibits required by section 73.5005(a) of the Commission's rules. Specifically, section 73.5005(a) requires that post-auction long-form applications include the exhibits mandated by section 1.2107(d) (providing a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement the applicant had entered into relating to the competitive bidding process); section 1.2110(j) (requiring an applicant claiming bidding credit eligibility to describe how it satisfies the eligibility requirements for such bidding credit, and to list and summarize
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- late fee required by section 1.2109(a) of the Commission's rules).9If the winning bidder fails to complete the final payment, consistent with the payment method described in this Public Notice, by 6:00 p.m. ET on May 15, 2012 (or by6:00 p.m. ET on May 30, 2012, along with the five percent late fee) it will be in default.10 247 C.F.R. 1.2107(b). 3Id. 4SeeSection III. D., "Default and Disqualification Payments," below. 547 C.F.R. 1.2109(a). 6Id. 7Id. 8Id. 9Id. 10Section III.D., "Default and Disqualification Payments," below. 4057 C. Method of Payment for Down and Final Payments 8.All payments must be in U.S. dollars and made in the form of a wire transfer. No checks, credit card payments, automated clearing house ("ACH"), or
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- Co., Inc., Memorandum Opinion and Order, 22 FCC Rcd 8591 (WTB 2007) (``Kankakee MO&O''). 47 C.F.R. 1.2104(g)(2), 1.2109(b). 31 U.S.C. 3701(b)(1). See Request for Waiver of Kankakee Valley Broadcasting Co., Inc. (dated June 22, 2006) (``Request for Waiver''). Specifically, Kankakee sought a waiver of the requirement to make its down payment within the time period established by Section 1.2107(b), as well as a waiver of the application filing deadline prescribed by Section 73.5005(a). Id. See Kankakee MO&O, 22 FCC Rcd at 8593 5, 8598 16-18. See also 47 C.F.R. 1.2104(g)(2) and 1.2109(b). See Auction of FM Broadcast Construction Permits Closes; Winning Bidders Announced for Auction 93, Public Notice, DA 12-600 (rel. April 17, 2012) (``Auction 93
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- Broadcast Construction Permits Closes; Winning Bidders Announced for Auction No. 62, Public Notice, 21 FCC Rcd 1071 (WTB/MB 2006) (``Auction 62 Closing Public Notice''). 47 C.F.R. 1.2104(g)(2); see also Auction 62 Closing Public Notice, 21 FCC Rcd at 1074-75. See Auction 62 Closing Public Notice, 21 FCC Rcd at 1081. See id. at 1071-72; see also 47 C.F.R. 1.2107(b). See Auction 62 Closing Public Notice, 21 FCC Rcd at 1072. See id. at 1071, 1076; see also 47 C.F.R. 1.2107(c), 73.5005(a)(2006). See Auction 62 Closing Public Notice, 21 FCC Rcd at 1072. See id. at 1081. See id. at 1097. On February 8, 2006, Commission staff sent to Talkline a pre-filled Remittance Advice (Form 159) showing the amount
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- and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c), 24.708(b). Such applicants will be assessed default penalties as prescribed by sections 1.2104(g), 1.2109(c), and 24.708(b) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c), 24.708(b). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, September 6, 2001 (or 6:00 p.m. Eastern Time, September 20, 2001, along with the five-percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and for
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- with all of the requirements for relief as set forth in the Final Refund Order. Accordingly, we hereby dismiss their Pending Applications, with prejudice. Additionally, as provided in the Final Refund Order, the applicants listed in Attachment A are released from all payment obligations associated with their Pending Applications, including default payments. Pursuant to the Final Refund Order, sections 1.934, 1.2107 and 1.2109 of the Commission's rules are waived with regard to such Pending Applications. In addition, the Commission is prepared to process refunds of the remainder of the down payments associated with the applications listed in Attachment A, provided that the Commission has received requests for refunds made by the payors of record with respect to such applications in accordance
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- of Amendment of the Schedule of Application Fees Set Forth In Sections 1.1102 through 1.1109 of the Commission's Rules ) ) ) ) ) ) GEN Docket No. 86-285 ERRATUM Released: June 23, 2011 By the Deputy Managing Director: On June 20, 2011, the Commission released a Second Order, FCC 11-98, in the above captioned proceeding. This Erratum corrects section 1.2107(c) under paragraph 2 of the Appendix to read as follows: ``* * * * * (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
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- debt at the time the payment stream would have begun. Third Report and Order, 9 FCC Rcd at 1339 (para. 8). See 47 C.F.R. 1.2106. See 47 C.F.R. 1.2104(g)(1),(2). See Part 1 of the Commission's Rules, Subpart Q, Competitive Bidding Proceedings, 47 C.F.R. 1.2101 et seq. 47 C.F.R. 1.2105. 47 C.F.R. 1.2112. 47 C.F.R. 1.2107. See 47 C.F.R. 1.2108(b). See 47 C.F.R. 1.2109(a). Commission staff will provide further guidance regarding notification procedures. (continued....) Federal Communications Commission FCC 00-189 Federal Communications Commission FCC 00-189 @& 0 0 0 0 0 0 R
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- set forth by Congress. Accordingly, through our rulemaking process, we established rules to protect the integrity of the auction process. In the Competitive Bidding Second Report and Order, we established the requirement of full and timely down payment to ensure that bidders are financially capable of constructing and operating their systems. We indicated that the down payment provisions in Sections 1.2107(b) and 24.711(a)(2) of our rules were designed to ensure that the ultimate purpose of the auction, which is to encourage and facilitate the provision of reliable service to the public, is not undermined by winning bidders that lack the financial capability to pay for the license, construct systems, and provide service to the public. Timely payment of both upfront and
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- the applicant; (iii) List separately and in the aggregate the gross revenues, computed in accordance with 1.2110, for each of the following: the applicant, its affiliates, its controlling interests, and affiliates of its controlling interests; and if a consortium of small businesses, the members comprising the consortium; (2) As an exhibit to its long-form application (i.e., see 47 CFR 1.2107): (i) List and summarize all agreements or instruments (with appropriate references to specific provisions in the text of such agreements and instruments) that support the applicant's eligibility as a small business under the applicable designated entity provisions, including the establishment of de facto or de jure control; such agreements and instruments include articles of incorporation and bylaws, shareholder agreements, voting
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- Report and Order, 11 FCC Rcd at 7858, para. 73. Id. Part 1 Third Report and Order, 13 FCC Rcd at 425, para. 86; see 47 C.F.R. 1.2106; see Competitive Bidding Second Report and Order, 9 FCC Rcd at 2378, para. 171. Part 1 Third Report and Order, 13 FCC Rcd at 427, para. 91; see 47 C.F.R. 1.2107. C Block Fourth Report and Order, 13 FCC Rcd at 15,761, para. 32; see 47 C.F.R. 24.711, 24.716. We note that the Balanced Budget Act of 1997 provides that "before the issuance of bidding rules," the Commission must provide adequate time for parties to comment on proposed auction procedures. Balanced Budget Act of 1997, Pub. L. 105-33, 3002(a)(1)(B)(iv),
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- as long as it can be shown that such aggregation or partitioning will not adversely affect public safety. To facilitate the Commission's compliance with its statutory obligation to deposit the proceeds from the auction of licenses in the 700 MHz bands by September 30, 2000, we delegate to the Wireless Telecommunications Bureau authority to suspend our payment deadlines in Sections 1.2107(b) and 1.2109(a) of the Commission's Rules5 and require that winning bidders on all licenses in the 30 megahertz spectrum block and the Guard Bands pay the full balance of their winning bids upon submission of their long-form applications pursuant to Section 1.2107(c) of our rules.6 II. BACKGROUND 3. The 746-806 MHz band has historically been used exclusively by television stations
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- long as it can be shown that such aggregation or partitioning will not adversely affect public safety. To facilitate the Commission's compliance with its statutory obligation to deposit the proceeds from the auction of licenses in the 700 MHz bands by September 30, 2000, we delegate to the Wireless Telecommunications Bureau authority to suspend our payment deadlines in Sections 1.2107(b) and 1.2109(a) of the Commission's Rules and require that winning bidders on all licenses in the 30 megahertz spectrum block and the Guard Bands pay the full balance of their winning bids upon submission of their long-form applications pursuant to Section 1.2107(c) of our rules. Background The 746-806 MHz band has historically been used exclusively by television stations (Channels 60
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- diversity of license ownership and summarizing major findings of market barrier studies). See Part 1 Fifth Report and Order, 15 FCC Rcd at 15319-20 49. Any such race- or gender-based provisions must be consistent with constitutional standards. See Adarand Constructors, Inc. v. Pea, 515 U.S. 200 (1995); United States v. Virginia, 518 U.S. 515 (1996). See 47 C.F.R. 1.2107(c). See 47 U.S.C. 309(b)-(d); 47 C.F.R. 1.2107(b)-(c). See 47 C.F.R. 1.2107(b). Notice, 16 FCC Rcd at 7330 124. Id. See also 47 C.F.R. 1.2108(c) (long-form applications shall not be granted earlier than seven days following issuance of acceptance public notice). Id. 1.2108(b)-(c). See id. 1.2108(b). See 24 GHz Report and Order, 15 FCC
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- make it economically unreasonable. (d) DBS subject to competitive bidding. Mutually exclusive initial applications to provide DBS are subject to competitive bidding procedures. The general competitive bidding procedures set forth in Part 1, Subpart Q of this chapter will apply unless otherwise provided in this part. (e) DBS long form application. Winning bidders are subject to the provisions of 1.2107 of this chapter except that in lieu of a FCC Form 601 each winning bidder shall submit the long-form satellite service application (FCC Form 312) within thirty (30) days after being notified by Public Notice that it is the winning bidder. Each winning bidder will also be required to submit by the same deadline the information described in Part 25,
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- Phythyon, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, dated January 6, 1998. See Small Business Administration Tabulation File, SBA Size Standards Table 2C, January 23, 1996, SBA, Standard Industrial Code (SIC) categories 8050 (Nursing and Personal Care Facilities) and 8060 (Hospitals). (SBA Tabulation File). 47 C.F.R. 1.2105. 47 C.F.R. 1.913(a)(1). 47 C.F.R. 1.2107. 47 C.F.R. 1.1307. See, e.g., 47 C.F.R. 1.928 (regarding frequency coordination arrangements between the U.S. and Canada). 47 C.F.R. 1.924. We discuss FAS coordination in the section describing coordination with Government incumbents. See supra Section III.E.3. See 5 U.S.C. 603(c). See supra Section III.B.5 See supra Section III.A.3. (continued....) Federal Communications Commission FCC 02-15 Federal Communications
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- Census, Table 6 (special tabulation of data under contract to Office of Advocacy of the U.S. Small Business Administration). See 13 C.F.R. 121.201, NAICS Code 334220. See U.S. Department of Commerce, 1992 Census of Transportation, Communications and Utilities (issued May 1995), NAICS category 334220. See para. 91. 47 C.F.R. 2.901, 2.1093. 47 C.F.R. 1.913(a)(1). 47 C.F.R. 1.2107. 47 C.F.R. 1.1307. See e.g., 47 C.F.R. 1.928 (regarding frequency coordination arrangements between the U.S. and Canada). Currently, these special small business size standards are being coordinated with the U.S. Small Business Administration. (continued....) Federal Communications Commission FCC 02-180 Federal Communications Commission oet-02xxx Federal Communications Commission FCC 02-180 Federal Communications Commission FCC 02-180 Federal Communications Commission FCC 02-XX
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- entities for 1997, which was 1,089. U.S. Census Bureau, 1997 Economic Census, Industry Series: Manufacturing, "Industry Statistics by Employment Size," Table 4, NAICS code 334220 (issued Aug. 1999). Id. Table 5, "Industry Statistics by Industry and Primary Product Class Specialization: 1997." See 47 C.F.R. 1.913(a)(1). See 47 C.F.R. 1.2105. See 47 C.F.R. 1.913(a)(1). See 47 C.F.R. 1.2107. 47 C.F.R. 1.1307. See, e.g., 47 C.F.R. 1.928 (regarding frequency coordination arrangements between the U.S. and Canada). 47 C.F.R. 1.924. FAS coordination is required for DSRCS stations within 75 kilometers of certain government radar locations listed in 47 C.F.R. 90.371(b). See 5 U.S.C. 603(c). . As proposed by ITS America. See Second Proposed Band Plan at
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- associated license payments by NextWave and Urban Comm. These defaults occurred after both entities had filed for bankruptcy. Of the 35 winning bidders in Auction No. 35, 22 bidders won licenses for NextWave/Urban Comm Spectrum. The net amount bid for those licenses in Auction No. 35 was approximately $16.3 billion. Shortly after the close of the auction, pursuant to Section 1.2107 of the Commission's rules, each winning bidder was required to have on deposit a down payment amount equal to twenty percent of its net winning bids. After the conclusion of Auction No. 35, the United States Court of Appeals for the District of Columbia Circuit (``D.C. Circuit''), in NextWave v. FCC, ruled that Section 525 of the Bankruptcy Code, which
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- of the Commission's rules, the Commission is prepared to refund to the payor(s) of record the balance of $47,419.50. To obtain a refund, the payor(s) of record must contact the Office of Managing Director, Financial Operations, Auctions Accounting Group. 22. The Chief, Audio Services Division, Mass Media Bureau, IS HEREBY DIRECTED to proceed in accordance with 47 C.F.R. 1.2104, 1.2107, 1.2109, and 73.5004, and paragraph 86 of the Broadcast First Report and Order. In accordance with 47 C.F.R. 1.2107(b) and 73.5003(b), Unity Broadcasters must deposit with Mellon Bank in Pittsburgh, Pennsylvania, within ten (10) business days of the release date of this Memorandum Opinion & Order, such funds as are necessary to bring its total deposits up to twenty
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- with 47 C.F.R. 73.3513 and with the same number of copies as the originally filed long-form application. The amendment may not constitute a major change from either the technical or legal proposal specified in the previously filed long-form application. Any amendment shall include, to the extent not already provided by Copeland, the exhibits mandated by 47 C.F.R. 73.5005(a), 1.2107(d), 1.2110(j),and 1.2112(a) and (b). After the 30-day amendment period, Copeland's application will be placed on public notice, starting the period for filing any petitions to deny. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary Attachment A Requesting Refund Instructions In order to process refund requests, the FCC must receive wire transfer instructions that include the following information: Name and Address
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- the regulations of the Small Business Administration, the Commission establishes small business definitions for purposes of its auctions on a service-specific basis. See 47 C.F.R. 1.2110(c)(1); 15 U.S.C. 632(c)(2)(c); 13 C.F.R. 121.902(b). Statistics for broadcast license auctions are not available, and would be less relevant to the licenses at issue here. 47 C.F.R. 1.2105(a). Id. 1.2107(c). FCC Form 175, OMB Control No. 3060-0600 (effective until Apr. 30, 2004); FCC Form 601, OMB Control No. 3060-0798 (effective until Mar. 31, 2002). 47 C.F.R. 1.2110(f)(3). 5 U.S.C. 603(c)(1)-(4). As described in the Report and Order and Section E infra, the Commission defined an ``entrepreneur'' as an entity with average annual gross revenues not exceeding $40 million
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- by February 12, 2001. See TPS Utilicom, Inc., Order, 16 FCC Rcd. 14,835 (CWD Policy and Rules Br., 2001) (denying a request for waiver of the Commission's rules requiring a down payment and assessing initial default payments, obligations, and procedures), Order on Reconsideration, DA 03-480 (WTB, rel. Feb. 21, 2003) (``TPS Utilicom Order on Reconsideration''); see also 47 C.F.R. 1.2107(b). Commission records of the bidding in Auction No. 35 show the following information for the four markets in which TPS Utilicom was the high bidder. Alaska Native Wireless concluded active bidding in each of those markets in the early rounds. Thereafter, TPS Utilicom competed with many other auction participants before being determined the high bidder: CWB043C1 - Alaska Native Wireless'
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- 121.201, North American Industry Classification System (NAICS) code 513322 (changed to 517212 in October 2002). FCC, Wireline Competition Bureau, Industry Analysis and Technology Division, ``Trends in Telephone Service'', Table 5.3, page 5-5 (Aug. 2003). This source uses data that are current as of December 31, 2001. Id. See generally, 47 C.F.R. 1.2105. 47 C.F.R. 1.913(a)(1). 47 C.F.R. 1.2107. See 5 U.S.C. 603(c)(1)-(4). RCA Comments at 2-3; see also U.S. Cellular Comments at 5-7. While we did not receive any comments from Tribal governments, we remain interested in ensuring that the communication needs of these communities are met. See AWS Service Rules NPRM, 17 FCC Rcd at 24146-47 25; see also Statement of Policy on Establishing a
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- 309(j). For these pre-auction licenses, the applicable standard is SBA's small business size standard for "other telecommunications" (annual receipts of $11 million or less)). See 13 C.F.R. 121.201, NAICS code 513220. 13 C.F.R. 121.201. See 5 U.S.C. 601 (3)-(5). See 13 C.F.R. 121.210 (SIC 4833, 4841, and 4899). supra. 47 C.F.R. 1.913(a)(1). 47 C.F.R. 1.2107. 47 C.F.R. 1.1307. See e.g., 47 C.F.R. 1.928 (regarding frequency coordination arrangements between the U.S. and Canada). , supra. See 5 U.S.C. 603(c). See supra para. 234. Coalition Proposal at 14. The Coalition states that ``high-power, high-site one-way operations tend to cause two types of problems. First, high-power, high-site one-way operations tend to cause interference to co-channel
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- 309(j). For these pre-auction licenses, the applicable standard is SBA's small business size standard for "other telecommunications" (annual receipts of $11 million or less)). See 13 C.F.R. 121.201, NAICS code 513220. 13 C.F.R. 121.201. See 5 U.S.C. 601 (3)-(5). See 13 C.F.R. 121.210 (SIC 4833, 4841, and 4899). supra. 47 C.F.R. 1.913(a)(1). 47 C.F.R. 1.2107. 47 C.F.R. 1.1307. See e.g., 47 C.F.R. 1.928 (regarding frequency coordination arrangements between the U.S. and Canada). , supra. See 5 U.S.C. 603(c). See supra para. 234. Coalition Proposal at 14. The Coalition states that ``high-power, high-site one-way operations tend to cause two types of problems. First, high-power, high-site one-way operations tend to cause interference to co-channel
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- 1.2104(g)(2) or 1.2104(g)(3), whichever is applicable. In such event, the Commission, at its discretion, may either re-auction the license(s) to existing or new applicants or offer it to the other highest bidders (in descending order) at their final bids. If the license(s) is offered to the other highest bidders (in descending order), the down payment obligations set forth in 1.2107(b) will apply. However, in combinatorial bidding auctions, the Commission will only re-auction the license(s) to existing or new applicants. The Commission will not offer the package or licenses to the next highest bidder. (c) A winning bidder who is found unqualified to be a licensee, fails to remit the balance of its winning bid in a timely manner, or defaults
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- Within thirty (30) days following the close of bidding and notification to the winning bidders, each winning bidder must submit an appropriate long-form application (FCC Form 301, FCC Form 346, or FCC Form 349) for each construction permit or license for which it was the high bidder. Long-form applications filed by winning bidders shall include the exhibits required by 1.2107(d) of this chapter (concerning any bidding consortia or joint bidding arrangements); 1.2110(j) of this chapter (concerning designated entity status, if applicable); and 1.2112 of this chapter (concerning disclosure of ownership and real party in interest information, and, if applicable, disclosure of gross revenue information for small business applicants). * * * * * Section 73.5006 is amended by
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- days following a public notice announcing an auction's close, high bidders must make an initial down payment (a ``first down'') and must also file an application for license grant (a ``long-form'' application). Section 1.2110(g)(1) of the Commission's rules requires that installment payors make a first down of ten percent of their high bids; whereas, other payors must, pursuant to Section 1.2107(b), make a first down of twenty percent. A second payment is required of all bidders within ten days following release of a public notice establishing the payment deadline. For installment participants, this second payment is known as a ``second down'' and must equal another ten percent of the high bid. If installment payors miss the deadline for the second down,
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- to or less than eighty-five (85) percent based on the most recently available U.S. Census Data.'' 47 C.F.R. 1.2110(f)(3)(i). Not all Commission auctions include licenses covering qualifying tribal lands. See, e.g., ``Auction of Lower 700 MHz Band Licenses Scheduled for July 20, 2005,'' Public Notice, DA 05-737, at 13 (rel. Mar. 22, 2005). 47 C.F.R. 1.2110(f)(3)(iii)-(iv). Id. 1.2107(e). The Commission requires that winning bidders intending to apply for tribal land bidding credits do so by the filing deadline for long-form applications and does not permit applicants to amend their applications after the filing deadline to indicate their intention to seek a credit. See, e.g., ``Broadband PCS Spectrum Auction Closes; Winning Bidders Announced for Auction No. 58,'' Public Notice,
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- 13 C.F.R. 121.201, NAICS code 517212. 13 C.F.R. 121.201, NAICS code 517212. FCC, Wireline Competition Bureau, Industry Analysis and Technology Division, ``Trends in Telephone Service'' at Table 5.3, page 5-5 (May 2004). This source uses data that are current as of October 22, 2003. Id. See generally, 47 C.F.R. 1.2105. 47 C.F.R. 1.913(a)(1). 47 C.F.R. 1.2107. See 5 U.S.C. 603(c)(1)-(4). While we did not receive any comments from Tribal governments, we remain interested in ensuring that the communication needs of these communities are met. See AWS Service Rules NPRM, 17 FCC Rcd at 24146-47 25; see also Statement of Policy on Establishing a Government-to-Government Relationship with Indian Tribes, Policy Statement, 16 FCC Rcd 4078
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- 50 7 (Wireless Telecomm. Bur. 2002) (Telesaurus Order) (explaining the two-phase auction process in detail). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2376 163 (1994) (Competitive Bidding Second Report and Order). See 47 C.F.R. 73.5005; see also 47 C.F.R. 1.2107. Broadcast First Reconsideration Order, 14 FCC Rcd at 8750 52. 47 C.F.R. 1.2108. See Competitive Bidding Second Report and Order, 9 FCC Rcd at 2376 162 - 63 ("Submission of a short-form application prior to the auction, we noted, would reduce the administrative burdens of the initial stages of the auction process, avoid unnecessary delay in the
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- Tribal Lands Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally recognized tribal lands that are unserved by any telecommunications carrier or that have a wireline penetration rate equal to or below 85 percent is eligible to receive a tribal lands bidding credit as set forth in 47 C.F.R. 1.2107 and 1.2110(f). A tribal lands bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal lands bidding credit after winning the auction when it files its long-form application (FCC Form 601). When
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- license (i.e., portions of the license's service area or bandwidth, or both) when necessary to compare a bid on the original license or portions thereof with a bid on a corresponding reconfigured license for purposes of the Commission's rules or procedures, such as to calculate a bid withdrawal or default payment obligation in connection with the bid. 4. Amend 1.2107 by adding subparagraph (g) to read as follows: 1.2107 Submission of down payment and filing of long-form applications. * * * * * (g) (1) (A) A consortium participating in competitive bidding pursuant to 1.2110(b)(3)(i) that is a winning bidder may not apply as a consortium for licenses covered by the winning bids. Individual members of the consortium
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- Private Partnership License, including the practices and procedures listed in Part 1 of our rules. For example, the down payment requirement, the obligation of the winning bidder for the D Block license to file a ``long form'' license application, and the consequences of a default prior to grant of the license will be in accordance with Sections 1.2104, 1.2105, 1.2106, 1.2107, and 1.2109 of the Commission's rules. If the long form application is denied, the procedures under Section 1.2109 of the Commission's rules will generally apply. We note that we may complete review of the long form application and deny the application without regard to the NSA, if the application is deficient or the grant of the license would otherwise be
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- Private Partnership License, including the practices and procedures listed in Part 1 of our rules. For example, the down payment requirement, the obligation of the winning bidder for the D Block license to file a ``long form'' license application, and the consequences of a default prior to grant of the license will be in accordance with Sections 1.2104, 1.2105, 1.2106, 1.2107, and 1.2109 of the Commission's rules. If the long form application is denied, the procedures under Section 1.2109 of the Commission's rules will generally apply. We note that we may complete review of the long form application and deny the application without regard to the NSA, if the application is deficient or the grant of the license would otherwise be
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- 14, 1997). See ``C, D, E, and F Block Broadband PCS Auction Closes,'' Public Notice, 14 FCC Rcd 6688 (WTB 1999). See ``C and F Block Broadband PCS Auction Closes; Winning Bidders Announced,'' Public Notice, 16 FCC Rcd 2339 (2001). 13 C.F.R. 121.201, NAICS code 517210. See generally 47 C.F.R. 1.2105. 47 C.F.R. 1.913(a)(1). 47 C.F.R. 1.2107. 5 U.S.C. 603(c)(1) - (c)(4). See AWS-2 NPRM, 19 FCC Rcd at 19307-10 119-124; AWS-3 NPRM, 22 FCC Rcd at 17096-98 150-54. AWS-2 NPRM, 19 FCC Rcd at 19308-09 122; AWS-3 NPRM, 22 FCC Rcd at 17097 152. AWS-2 NPRM, 19 FCC Rcd at 19309-10 123-24; AWS-3 NPRM, 22 FCC Rcd at 17097-98
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- Jersey Shore, however, is misplaced since unlike this case, Jersey Shore addressed complete Form 301 applications in the comparative hearing context. See, e.g., AM Auction No. 84 Singleton Applications, Public Notice, 19 FCC Rcd 22569 (MB 2004). Zahn Petition at 4. See Broadcast First Report and Order, supra n. 15, 13 FCC Rcd 15979; see also 47 C.F.R. 1.2104(g)(2), 1.2107(b), 1.2109(c). See 47 U.S.C. 307(b); See also Concurring Statement of Commissioner Michael J. Copps, In re Applications of Jeffrey B. Bate for a New AM Broadcast Station at Mesquite, Nevada and Jeffrey Eustis for a New AM Broadcast Station at Johnstown, Colorado, and In re Applications of Jeffrey B. Bate for a New AM Broadcast Station at St. George,
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- frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) [i]n view of unique or unusual factual circumstances of the instant case, application of the rule(s) would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative.'' 47 C.F.R. 1.2107(c). See Letter Order, 20 FCC Rcd at 16195-96. PSCID also granted waivers of the long-form filing deadline to three other Auction No. 59 applicants. See Order, 21 FCC Rcd at 3033 n.10. See Letter Order, 20 FCC Rcd at 16195, quoting Implementation of Section 309(j) of the Communications Act, Competitive Bidding, Second Report and Order, PP Docket No. 93-253, 9
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- would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) [i]n viewofunique or unusual factual circumstances of the instant case, application of the rule(s) would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative." 947 C.F.R. 1.2107(c). 10SeeLetter Order, 20 FCCRcd at 16195-96. PSCID also granted waivers of the long-form filing deadline to three other Auction No. 59 applicants. See Order, 21 FCC Rcd at 3033 n.10. 11See Letter Order, 20 FCC Rcd at 16195, quotingImplementation of Section 309(j) of the Communications Act, Competitive Bidding, Second Report and Order, PP Docket No. 93-253, 9 FCC Rcd 2348,
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- Requirements, Minimum Opening Bids, Upfront Payments, and Other Procedures for Auction 91, Public Notice, 25 FCC Rcd 16787, 16790 (MB/WTB 2010) (once mutual exclusivity exists for auction purposes, even if only one applicant for a particular construction permit submits an upfront payment, that applicant is required to submit a bid in order to obtain the construction permit). See id. 1.2107, 1.2109, 1.2112, 73.5003, 73.5005. See First R&O, 25 FCC Rcd at 1586, 1593, 1596-97. Id. at 1593. Cf. 47 C.F.R. 73.7002(c). See supra paragraph 8 regarding qualifications for the Tribal Priority. The original Tribal Allotment proponent may make such a request by sending a letter to the staff of the Audio Division, Media Bureau, during the TQ Window. The
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- auctions of construction permits in the broadcast services in conjunction with their long-form applications. In the Broadcast Competitive Bidding First Report and Order, the Commission required the filing of application fees in such cases, and Section 1.1104, the Schedule of Charges for Media Bureau Service filings, requires the payment of a fee when the long-form application is filed. However, Section 1.2107(c) of the rules provides with regard to the filing of long-form applications by winning bidders in auctions that, "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." To resolve any inconsistency and to conform Section 1.2107(c) to the Commission's
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- square mile or less.'' See, e.g., Native Public Media and National Congress of American Indians November 2009 Joint Comments at 20; National Congress of American Indians, Native Public Media, New America Foundation's Open Technology Initiative, and Southern California Tribal Chairmen's Association December 2009 Ex Parte Joint Comments at 22-23; see also National Broadband Plan at 97. See 47 C.F.R. 1.2107(e), 1.2110(f)(3)(i); see also Extending Wireless Telecommunications Services to Tribal lands, WT Docket No. 99-266, Report and Order and Further Notice of Proposed Rule Making, 15 FCC Rcd 11,794 (2000); Extending Wireless Telecommunications Services to Tribal lands, WT Docket No. 99-266, Second Report and Order and Second Further Notice of Proposed Rulemaking, 18 FCC Rcd 4775, 4778-79 10 (2003); Extending
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- the broadcast services. We noted an inconsistency between the Broadcast Competitive Bidding First Report and Order, in which the Commission required that winning bidders pay filing fees with their post-auction long-form applications, Section 1.1104 of the Rules, the Schedule of Charges for Media Bureau Service filings, which requires payment of a fee when the long-form application is filed, and Section 1.2107(c) of the Rules, which suggests that a filing fee need not accompany a high bidder's long-form application. To rectify this inconsistency and conform the Rules to the Commission's stated intent in the Broadcast Competitive Bidding First Report and Order, we proposed to amend Section 1.2107(c) to read, ``Except as otherwise provided in Section 1.1104 of the rules, high bidders need
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- Y Z m n p q 7 W n ^b ` H* } ~ l m n kd '' $ F H* 47 C.F.R. 1.2107 5 U.S.C. 603(c)(1) - (c)(4). See supra Section III.B. (continued....) Federal Communications Commission FCC 12-32 Federal Communications Commission FCC 12-32 Federal Communications Commission FCC 12-32 Federal Communications Commission FCC 12-32 ; *PNG Kx'' QO\jo|;g.R8 9G:7(9nbgRg>-
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- The following chart provides a general comparison, for reference only, of the Part 100 auction rules with the relevant General Auction Rules in Part 1. Auction Rules Comparison Chart Part 1 Part 100 Auction Design 1.2103 100.72 Acct. Mechanism 1.2104 100.73 Bidder Eligibility 1.2105 100.75 Upfront Payments 1.2106 100.76 Winner Licensing 1.2107, 8, & 9 100.78 Anti-Collusion 1.2105(c) 100.79 Default 1.2109 100.74, 78 Assign or Transfer 1.2111 100.80 We seek comment on the few differences between the auction rules contained in Parts 1 and 100 and whether these differences should be maintained. For example, the transfer disclosure requirements for Section 100.80 have a six-year disclosure
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- Appendix F of this Report and Order, filed in conjunction with applications for the 928/952/956 MHz bands between July 1, 1999 and the release date of this Report and Order, are dismissed as moot, and any associated applications are dismissed without prejudice. See supra at note 12. See 47 C.F.R. 1.2105 (``Bidding application and certification procedures; prohibition of collusion''), 1.2107 (``Submission of down payment and filing of long-form applications''), 1.2109 (``License grant, denial, default, and disqualification''). See, e.g., Maritime Third Report and Order, 13 FCC Rcd at 19889; 800 MHz Second Report and Order, 12 FCC Rcd at 19096; Amendment of the Commission's Rules Regarding the 37.0 - 38.6 GHz and 38.6 - 40.0 GHz Bands, ET Docket No. 95-183,
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- audits. 2. As we have previously emphasized, the Commission is committed to creating a customer-friendly environment that uses the most current filing and processing technologies and promotes more efficient and speedy Federal Communications Commission FCC 98-281 2 See Electronic Filing of Documents in Rulemaking Proceedings, Report and Order, 13 FCC Rcd 11322 (1998). 3 See, e.g., 47 C.F.R. 1.2105(a); 1.2107(c) (as of January 1, 1999, requiring all applicants to file short-form applications to participate in an auction electronically and requiring all auction winners to file long-form applications electronically). Since October 1997, renewal applications for wireless radio services authorizations (FCC Form 900) have been required to be submitted electronically as well. See Biennial Regulatory Review -- Amendment of Parts 0, 1,
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- few years. In general, we have not made electronic filing of applications mandatory in the wireless radio services. Nevertheless, our policies have consistently encouraged electronic filing, and we have stated our intent to minimize the number of applications that are filed and processed manually. With respect to applications for licenses obtained through competitive bidding, we recently amended sections 1.2105(a) and 1.2107(c) of our rules to require electronic filing of all short-form and long-form applications beginning January 1, 1999, unless not feasible. 29 20. In addition, we note that the public has requested that the Commission implement electronic filing of information wherever feasible to facilitate more user-friendly queries of licensing data. We recently sought comment on various changes to our rules that
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- winning incumbents could subsequently partition and sell, even at a substantial loss, to entities that do not present a risk of direct competition with the incumbents' services.57 We find this scenario to be purely speculative and unlikely. The Commission addressed such activities in the Second Report and Order when it adopted the anti-collusion rules set forth in Sections 1.2105 and 1.2107 of our rules to apply to LMDS auctions.58 The rules prevent all parties participating in the auction from agreeing in advance to bidding strategies that divide the market according to their interests and that disadvantage other bidders, by prohibiting various discussions apart from bidding consortia or other approved arrangements. In addition, we note that the attribution rules include indirect ownership
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- to pay interest to licensees, which was one of DiGiPH's suggestions. Id. at 8. For example, unsuccessful bidders in Commission auctions do not earn interest on their upfront payments or down payments. Rather, the accrued interest on these funds is transferred to the Telecommunications Development Fund. See Communications Act 309(j)(8)(C), 47 U.S.C. 309(j)(8)(C); 47 C.F.R. 1.2106(a) and 1.2107(b). - 13 - an array of alternative payment options, designed to accommodate licensees' various needs. These options were developed and are now being modified in an effort to balance complex and competing interests, with the recognition that it is impossible to devise alternatives that satisfy every entity with an interest in this proceeding. The record before us does not provide
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- long as it can be shown that such aggregation or partitioning will not adversely affect public safety. To facilitate the Commission's compliance with its statutory obligation to deposit the proceeds from the auction of licenses in the 700 MHz bands by September 30, 2000, we delegate to the Wireless Telecommunications Bureau authority to suspend our payment deadlines in Sections 1.2107(b) and 1.2109(a) of the Commission's Rules and require that winning bidders on all licenses in the 30 megahertz spectrum block and the Guard Bands pay the full balance of their winning bids upon submission of their long-form applications pursuant to Section 1.2107(c) of our rules. Background The 746-806 MHz band has historically been used exclusively by television stations (Channels 60
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- 9, 1998, winning bidders in the LMDS auction must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids and (2) payments for withdrawn bids. If a bidder's upfront payment is not sufficient to meet both of these requirements, the bidder must deposit additional funds.3 See 47 C.F.R. 1.2107(b). The amount now due from each winning bidder, if any, is set out in the last column of 4 Copies of the FCC Form 159 may be obtained by calling the Commission's Forms Distribution Center at 1-800-418-3676 (outside Washington, D.C.) or 202-418-3676 (in the Washington area). Copies of the FCC Form 159 can also be obtained via the Internet <>
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- Such payment shall be made within thirty (30) days of the third anniversary of the initial grant of its license. Failure to repay the tribal land bidding credit will result in automatic cancellation of the license. For further information, See the Commission's Report and Order and Further Notice of Proposed Rule Making, WT Docket NO. 99-266, 47 C.F. R. 1.2107(e) and 1.2110(e) and , Interested parties may also contact Davida Grant of the Commercial Wireless Division at 202-418-7050 or dgrant@fcc.gov. Extending Wireless Telecommunications Services to Tribal Lands, Report and Order and Further Notice of Proposed Rule Making, WT Docket No. 99-266, 15 FCC Rcd. 11,794 (rel. June 30, 2000). The ``Prepared to Grant Public Notice'' also lists those applications that
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- F Block Broadband PCS Spectrum Auction Scheduled for December 12, 2000; Auction Notice and Filing Requirements for 422 Licenses in the C and F Block Broadband PCS Spectrum Auction; Minimum Opening Bids and Other Procedures Issues For Final Auction Inventory, Public Notice, DA 00-2259 (rel. October 5, 2000) ("Auction No. 35 Procedures Public Notice"). 11 See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 5 competitive behavior in the marketplace. If a bidder is found to have violated the antitrust laws in connection with its participation in the competitive bidding process, it may be subject to forfeiture of its upfront payment, down payment, or full bid amount and may be prohibited from participating in future auctions.12 Auction Discount Voucher: On June 8,
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- By the Chief, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture, we find that PCS Partners, L.P. (``PCS Partners'') failed to timely file its ``long-form'' application (FCC Form 601) and accompanying ownership report (FCC Form 602) following completion of the Commission's C and F Block Broadband PCS Auction, in apparent willful and repeated violation of Sections 1.2107(c) and 1.2107(f) of the Commission's rules. We conclude that PCS Partners is apparently liable for a forfeiture in the amount of $3,000. II. BACKGROUND On January 26, 2001, the Commission staff completed the auction of 422 licenses in the C and F Block Broadband PCS Auction. PCS Partners was among the participants in that auction. On January 29, 2001, the
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- of Apparent Liability for Forfeiture (``NAL''), we find that City Page & Cellular Services, Inc. d/b/a City Beepers (``City Page'') failed to timely file its two ``long-form'' applications (FCC Form 601s) and accompanying ownership report (FCC Form 602) following completion of the Commission's Lower and Upper Paging Bands Auction (``Auction No. 40''), in apparent willful and repeated violation of Sections 1.2107(c) and 1.2107(f) of the Commission's rules.1 We conclude that City Page is apparently liable for a forfeiture in the amount of $3,000. II. BACKGROUND 2. On December 5, 2001, Commission staff completed the auction of 15,514 licenses in Auction No. 40. City Page was among the participants in that auction. On December 11, 2001, the Wireless Telecommunications Bureau issued a
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- the Chief, Investigations and Hearings Division, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Gabriel Wireless LLC (``Gabriel'') failed to timely file its two ``long-form'' applications (FCC Form 601s) following completion of the Commission's Lower and Upper Paging Bands Auction (``Auction No. 40''), in apparent willful and repeated violation of Section 1.2107(c) of the Commission's rules.1 We conclude that Gabriel is apparently liable for a forfeiture in the amount of $3,000. II. BACKGROUND 2. On December 5, 2001, Commission staff completed the auction of 15,514 licenses in Auction No. 40. Gabriel was among the participants in that auction. On December 11, 2001, the Wireless Telecommunications Bureau issued a Public Notice that provided
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- Investigations and Hearings Division, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Golden Arrow Paging, Inc. (``Golden Arrow'') failed to timely file its three ``long-form'' applications (FCC Form 601s) following completion of the Commission's Lower and Upper Paging Bands Auction (``Auction No. 40''), in apparent willful and repeated violation of Section 1.2107(c) of the Commission's rules.1 We conclude that Golden Arrow is apparently liable for a forfeiture in the amount of $3,000. II. BACKGROUND 2. On December 5, 2001, Commission staff completed the auction of 15,514 licenses in Auction No. 40. Golden Arrow was among the participants in that auction. On December 11, 2001, the Wireless Telecommunications Bureau issued a Public Notice
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- Investigations and Hearings Division, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that SelectPath Holding, Inc. (``SelectPath'') failed to timely file two of its three ``long-form'' applications (FCC Form 601s) following completion of the Commission's Lower and Upper Paging Bands Auction (``Auction No. 40''), in apparent willful and repeated violation of Section 1.2107(c) of the Commission's rules.1 We conclude that SelectPath is apparently liable for a forfeiture in the amount of $3,000. II. BACKGROUND 2. On December 5, 2001, Commission staff completed the auction of 15,514 licenses in Auction No. 40. SelectPath was among the participants in that auction. On December 11, 2001, the Wireless Telecommunications Bureau issued a Public Notice that provided
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- and Hearings Division, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Telephone & Two-Way Inc. (``TTW'') failed to timely file two of its three ``long-form'' applications (FCC Form 601s) following completion of the Commission's Lower and Upper Paging Bands Auction (``Auction No. 40''), in apparent willful and repeated violation of Section 1.2107(c) of the Commission's rules.1 We conclude that TTW is apparently liable for a forfeiture in the amount of $3,000. II. BACKGROUND 2. On December 5, 2001, Commission staff completed the auction of 15,514 licenses in Auction No. 40. TTW was among the participants in that auction. On December 11, 2001, the Wireless Telecommunications Bureau issued a Public Notice that provided
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- Division, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that UHF-DE, LLC (``UHF'') failed to timely file its ``long-form'' application (FCC Form 601) and accompanying ownership report (FCC Form 602) following completion of the Commission's Lower and Upper Paging Bands Auction (``Auction No. 40''), in apparent willful and repeated violation of Sections 1.2107(c) and 1.2107(f) of the Commission's rules.1 We conclude that UHF is apparently liable for a forfeiture in the amount of $3,000. II. BACKGROUND 2. On December 5, 2001, Commission staff completed the auction of 15,514 licenses in Auction No. 40. UHF was among the participants in that auction. On December 11, 2001, the Wireless Telecommunications Bureau issued a Public Notice
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- Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Wharton Telecom Holdings, Inc. (``Wharton'') failed to timely file its ``long-form'' application (FCC Form 601) and accompanying ownership report (FCC Form 602) following completion of the Commission's Lower and Upper Paging Bands Auction (``Auction No. 40''), in apparent willful and repeated violation of Sections 1.2107(c) and 1.2107(f) of the Commission's rules.1 We conclude that Wharton is apparently liable for a forfeiture in the amount of $3,000. II. BACKGROUND 2. On December 5, 2001, Commission staff completed the auction of 15,514 licenses in Auction No. 40. Wharton was among the participants in that auction. On December 11, 2001, the Wireless Telecommunications Bureau issued a Public Notice
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- apparent liability for forfeiture (each an ``NAL'') 1 against each of the captioned parties, all winning bidders in the Commission's Lower and Upper Paging Bands Auction (``Auction No. 40''), for their failure to timely file their ``long- form'' auction applications (FCC Form 601) and accompanying ownership reports (FCC Form 602) following completion of the auction, in apparent violation of Sections 1.2107(c) and 1.2107(f) of the Commission's rules.2 In response to issuance of the NALs several of the parties3 argued that the Wireless Telecommunications Bureau (``WTB'') granted the waiver requests submitted with their late-filed long-form applications and ownership reports and, as a consequence, waived application of Section 1.2107(c) of the Commission's rules.4 2. As noted in responses to the NALs, on December
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- the Commission Rules. By public notice, the Media Bureau will announce the grant of the construction permit for which the Commission has received timely final payment of the winning bid amount. The facility authorization will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by the U.S. Treasury, New York, by 6:00 p.m. ET, September 29, 2011. Late payments, which must include the five percent late fee, must be received by the U.S. Treasury, New York, by 6:00 p.m. ET, October 14, 2011. Applicants
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- this chapter. Federal Communications Commission FCC 98-228 4 (c) The specific procedures applicable to auctioning particular 218-219 MHz Service licenses will be set forth by Public Notice. Generally, the following competitive bidding procedures will be used to auction mutually exclusive 218-219 MHz Service licenses. (1) Forms. (i) Short-form application. See 1.2105 of this chapter. (ii) Long-form application. See 1.2107(c) and (d) of this chapter. (2) Upfront payments. Each applicant to participate in a 218-219 MHz Service auction will be required to submit an upfront payment of $9,000 per Metropolitan Statistical Area license and $2,500 per Rural Service Area license for the maximum number of licenses on which it intends to bid pursuant to 1.2106 of this chapter and
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit Styles Interactive, Inc., Application for Review (filed May 29, 1996) ("Application for Review"). 1 Interactive Video and Data Service (IVDS) Licenses; Requests to Extend Payment Deadline, Memorandum 2 Opinion and Order, 11 FCC Rcd 5240 (Wireless Telecom. Bureau 1996) ("Memorandum Opinion and Order"). See 47 C.F.R. 95.816(c)(4) and 1.2107(b). Unless otherwise noted, all Commission Rules cited herein are 3 those which were in effect at the time of the July 28-29, 1994 auction. FCC 97-390 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Styles Interactive, Inc. ) Application for Review of ) Denial of Petition for Reconsideration ) Seeking Waiver of IVDS )
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- 88. For further information concerning this proceeding, contact Christina Eads Clearwater at (202) 418-0660 (Auctions Division, Wireless Telecommunications Bureau). FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary 36 APPENDIX A FINAL RULES Parts 1 and 95 of Chapter 1 of Title 47 of the Code of Federal Regulations are amended as follows: Part 1 - Practice and Procedure 1. Section 1.2107 is amended by revising paragraph (c) to read as follows: 1.2107 Submission of down payment and filing of long-form applications. * * * * * (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
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- to competitive bidding, and that only winning bidders should be required to submit a long-form license application after the auction. Because we believed that such a procedure would fulfill the statutory requirements and objectives and adequately protect the public interest, we incorporated these requirements into the rules adopted in the Second Report and Order. See 47 C.F.R. 1.2105 and 1.2107. We will extend the application of these rules to the competitive bidding process for broadband PCS. 61. We will be guided by the following procedures in conducting broadband PCS auctions. The Commission will release an initial Public Notice announcing that it will accept applications for specific broadband PCS licenses. This initial Public Notice will specify the 26 licenses and identify
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- Commission DA 97-891 We have generally succeeded in rapidly reauctioning defaulted C block licenses. See Public Notice, "18 Defaulted 21 PCS Licenses to be Reauctioned. Reauction to Begin July 3," DA 96-872 (rel. May 30, 1996). Second Supplement at 7-8. 22 See, e.g., Orders cited supra footnote 16. 23 See, e.g., Waiver Petition at 2. 24 See 47 C.F.R. 1.2107(b) and 24.711(a)(2). See also Second Report and Order, supra n. 13 , at 182-83 25 (rejecting the use of letters of credit for upfront payments). 7 10.We are not persuaded by Mountain Solutions's contention that its waiver request is warranted in order to avoid a default and reauction, which would result in a delay in the deployment of PCS
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- set forth by Congress. Accordingly, through our rulemaking process, we established rules to protect the integrity of the auction process. In the Competitive Bidding Second Report and Order, we established the requirement of full and timely down payment to ensure that bidders are financially capable of constructing and operating their systems. We indicated that the down payment provisions in Sections 1.2107(b) and 24.711(a)(2) of our rules were designed to ensure that the ultimate purpose of the auction, which is to encourage and facilitate the provision of reliable service to the public, is not undermined by winning bidders that lack the financial capability to pay for the license, construct systems, and provide service to the public. Timely payment of both upfront and
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- conformity with the general competitive bidding rules set forth in Part 1, Subpart Q of the Commission's Federal Communications Commission FCC 97-342 47 C.F.R. Part 1, Subpart Q. 168 We initiated a proceeding last February to revise our Part 1 rules. See Part 1 Proceeding. 169 47 C.F.R. 1.2104. 170 47 C.F.R. 1.2105. 171 47 C.F.R. 1.2106, 1.2107. 172 47 C.F.R. 1.2108. 173 47 C.F.R. 1.2109. 174 47 C.F.R. 1.2104(d). 175 41 rules, as revised, and substantially consistent with the auctions that have been employed 168 169 in other wireless services. We also propose to use our Part 24 rules applicable to the C block to the extent that such rules do not conflict with
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- pay interest to licensees, which was one of DiGiPH's 58 suggestions. Id. at 8. For example, unsuccessful bidders in Commission auctions do not earn interest on their upfront payments or down payments. Rather, the accrued interest on these funds is transferred to the Telecommunications Development Fund. See Communications Act 309(j)(8)(C), 47 U.S.C. 309(j)(8)(C); 47 C.F.R. 1.2106(a) and 1.2107(b). Second Report and Order, 12 FCC Rcd at 16,451 n.54 para. 27. 59 - 12 - payment options, designed to accommodate licensees' various needs. These options were developed and are now being modified in an effort to balance complex and competing interests, with the recognition that it is impossible to devise alternatives that satisfy every entity with an interest in
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- have defaulted or been delinquent in the past, but have since paid all of their Federal Communications Commission FCC 98-176 CIRI Comments at 7-9; see 47 C.F.R. 24.720(l)(11). 71 Part 1 Third Report and Order, 13 FCC Rcd at 392-393 para. 28; 47 C.F.R. 1.2110(b)(4)(xi). 72 47 C.F.R. 1.2104. 73 Id. 1.2105 74 Id. 1.2106, 1.2107. 75 Id. 1.2108. 76 Id. 1.2109; see C Block Further Notice, 12 FCC Rcd at 16,476 para. 90. 77 See Part 1 Third Report and Order, 13 FCC Rcd at 376 para. 1. 78 12 outstanding non-Internal Revenue Service Federal debts and all associated charges or penalties, to be eligible to participate in C block reauctions, provided that
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- 21. Id. at 16,451 n. 54, 24; see also First Reconsideration Order, 13 FCC Rcd at 8356, 30. 42 First Reconsideration Order, 13 FCC Rcd at 8356-57, 30. 43 See id., 13 FCC Rcd at 8357, 30, n. 58. See also Communications Act, 309(j)(8)(C), 47 U.S.C. 44 309(j)(8)(C); 47 C.F.R. 1.2106(a) and 1.2107(b). Id. 45 7 prior to the suspension date while other licensees have been permitted a lengthy period of non-payment. 36 Fortunet believes that it should be credited with interest in the calculation of the prepayment credit, in order to put it in a comparable position to those licensees that made no payments. DiGiPH makes a similar claim, 37 and requests
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- auction winner's BTA service area, must also include the following: (1) FCC Form 430; (2) an exhibit detailing the terms and conditions and parties involved in any bidding consortia, joint venture, partnership or other agreement or arrangement the winning bidder had entered into relating to the competitive bidding process prior to the time bidding was completed (see 47 C.F.R. 1.2107(d)); (3) an exhibit complying with 47 C.F.R. 1.2110(i) and 21.960(e), if the winning bidder submitting the long-form application or statement of intention claims status as a designated entity. (c) Subsequent long-form applications for additional MDS station licenses within the BTA service areas of winning bidders may be submitted at any time during the five year build-out period and need
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- winning bidder is found unqualified to be a station licensee or has defaulted, in which case it will be returned, less applicable default payments. During the period that deposits are held pending ultimate award of the BTA authorization, the interest that accrues, if any, will be retained by the government. See Second Report and Order at 2381-2382; 47 C.F.R. 1.2107(b). 143. Based upon our experience in conducting spectrum auctions, we will require winning bidders to make full payment of the balance of their winning bids prior to the issuance of their BTA authorizations. Specifically, the Commission will, when a BTA authorization is ready to be issued, release a public notice stating that fact. The auction winner for that BTA will
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- required under the Commission's rules.18 8 900 MHz Specialized Mobile Radio Service Information, Public Notice, 11 FCC Rcd 22447 (1996) ("May 20, 1996 Public Notice"). 9 Id. 10 October 14, 1997 Letter at 2. 11 FCC Prepared to Award 900 MHz MTA Licenses, Public Notice, 11 FCC Rcd 7701 (1996) ("Ready to Grant Public Notice"). 12 Id.; 47 C.F.R. 1.2107, 1.2109, 90.811 (1996). 13 October 14, 1997 Letter at 1. 14 October 14, 1997 at 2. Section 90.162 of the Commission's rules governs a request to withdraw or dismiss a petition to deny filed against a license application. 47 C.F.R. 90.162. 15 Commercial Wireless Division Accepts Settlement Agreement Between Mobile Relay Associates, Inc. and PCS Development Corporation, and Grants
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- MHz SMR MTA licenses are required to file a long-form application (FCC Form 600) by 5:30 P.M. (Eastern Time) on April 29, 1996 for each license upon which it was a high bidder. The winning bidders and the licenses associated with each winning bidder are listed in Attachment A. This Public Notice constitutes official notification to winning bidders under Sections 1.2107 and 90.808 of the Commission's Rules, 47 C.F.R. 1.2107 and 90.808, for purposes of triggering the 10 business day filing period for the FCC Form 600. Winning bidders may file the FCC Form 600 either manually or by electronic transmission. Detailed instructions for electronic and manual filers are included in Attachments C and D. Winning bidders must complete the
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- in advance to bidding strategies that divide the market according to their strategic interests and disadvantage other bidders. In the Second R&O and Second 164 Further Notice, we tentatively concluded that Section 1.2105(c) of the Commission's Rules would apply to 900 MHz SMR auctions. We also proposed that winning bidders in 900 MHz SMR 165 auctions be subject to Section 1.2107(d) of the Commission's Rules. 89. Comments. AMTA suggests that the Commission modify the collusion rules to reflect the differences between Section 1.2107(d) and Section 1.2105(c). Specifically, AMTA 166 requests that the Commission clarify that consortia agreements entered into after the filing of the Form 175 are permitted subject to the limitations set out in Section 1.2105(c)(2), which allows modification of
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- conformity with the general competitive bidding rules set forth in Part 1, Subpart Q of the Commission's Federal Communications Commission FCC 97-342 47 C.F.R. Part 1, Subpart Q. 168 We initiated a proceeding last February to revise our Part 1 rules. See Part 1 Proceeding. 169 47 C.F.R. 1.2104. 170 47 C.F.R. 1.2105. 171 47 C.F.R. 1.2106, 1.2107. 172 47 C.F.R. 1.2108. 173 47 C.F.R. 1.2109. 174 47 C.F.R. 1.2104(d). 175 41 rules, as revised, and substantially consistent with the auctions that have been employed 168 169 in other wireless services. We also propose to use our Part 24 rules applicable to the C block to the extent that such rules do not conflict with
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- have defaulted or been delinquent in the past, but have since paid all of their Federal Communications Commission FCC 98-176 CIRI Comments at 7-9; see 47 C.F.R. 24.720(l)(11). 71 Part 1 Third Report and Order, 13 FCC Rcd at 392-393 para. 28; 47 C.F.R. 1.2110(b)(4)(xi). 72 47 C.F.R. 1.2104. 73 Id. 1.2105 74 Id. 1.2106, 1.2107. 75 Id. 1.2108. 76 Id. 1.2109; see C Block Further Notice, 12 FCC Rcd at 16,476 para. 90. 77 See Part 1 Third Report and Order, 13 FCC Rcd at 376 para. 1. 78 12 outstanding non-Internal Revenue Service Federal debts and all associated charges or penalties, to be eligible to participate in C block reauctions, provided that
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- winning bidders qualifying as small or very small businesses must include an exhibit demonstrating their eligibility for the small business incentives. (Winning rural telco bidders that are partitioning their BTA service areas should note the special filing requirements in 47 C.F.R. 24.714.) A copy of FCC Form 600 is included in Tab D, Part 3. See 47 C.F.R. 1.2107(c) and (d), 24.707, and 24.709(c)(2). The FCC Form 600 may be filed electronically. Alternatively, a hard-copy plus required microfiche or 3.5-inch diskette copies must be sent to: FCC Form 600 Filing, Auction No. 11 Federal Communications Commission Office of Operations 1270 Fairfield Road Gettysburg, PA 17325-7245 C. Application Processing and Grant; Final Payments and Installment Payments Once a high bidder
- http://wireless.fcc.gov/auctions/11/releases/d1961026.pdf
- bidders qualifying as small or very small businesses must include an exhibit demonstrating their eligibility for the small business incentives. (Winning rural telco bidders that are partitioning their BTA service areas should note the special filing requirements in 47 C.F.R. 24.714.) A copy of FCC Form 600 will be included in the Bidder Information Package. See 47 C.F.R. 1.2107(c) and (d), 24.707, and 24.709(c)(2). The FCC Form 600 may be filed electronically. Alternatively, a hard copy plus required microfiche or 3.5" diskette copies must be sent to: FCC Form 600 Filing, Auction No. 11 Federal Communications Commission Office of Operations 1270 Fairfield Road Gettysburg, PA 17325-7245 C. Application Processing and Grant; Final Payments and Installment Payments Once a high
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- in the marketplace. Winning bidders will be required to disclose in their long-form applications (FCC Form 600) the specific terms, conditions and parties involved in all bidding consortia, joint ventures, partnerships and other arrangements entered into relating to the competitive bidding process. Bidders found to have violated the anti-collusion rule may be subject to sanctions. See 47 C.F.R. 1.2105(c), 1.2107(d) and 1.2109(d). Ex parte rule: Applicants should also be aware that the Commission has generally exempted auction proceedings from the strict requirements of the ex parte rule (47 C.F.R. 1.1208). See "Commission Announces that Mutually Exclusive Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (Auctions') Are Treated as Exempt for Ex Parte Purposes," Public Notice, 9 FCC
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- 1996). IV. Auction Agreements Applicants should attach and label as "Exhibit F: Agreements" a detailed explanation of the terms and conditions and parties involved in any bidding consortia, joint venture, partnerships or other agreement or arrangement into which the applicant has entered relating to the competitive bidding process prior to the time the bidding was completed. See 47 C.F.R. 1.2107(d). To comply with this requirement, applicants can either submit the agreements themselves, or can submit a detailed description of those agreements with proprietary information excluded. If applicants choose to submit the agreements, they can redact proprietary information or can seek confidentiality for those documents pursuant to Section 0.459 of the Commission's Rules (see discussion of confidentiality requests under "Confidentiality Requests"
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- down payments. (a) Where the Commission uses simultaneous multiple round auctions or oral sequential auctions, bidders will be required to submit an upfront payment in accordance with 1.2106 of this chapter, paragraph (c) of this section, and 24.711(a)(1) and 24.716(a)(1). (b) Winning bidders in an auction must submit a down payment to the Commission in accordance with 1.2107(b) of this chapter and 24.711(a)(2) and 24.716(a)(2). (c) Each eligible bidder for licenses on frequency Blocks D and E subject to auction shall pay an upfront payment of $0.06 per MHz per pop for the maximum number of licenses (in terms of MHz-pops) on which it intends to bid pursuant to 1.2106 of this chapter and procedures specified
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- conformity with the general competitive bidding rules set forth in Part 1, Subpart Q of the Commission's Federal Communications Commission FCC 97-342 47 C.F.R. Part 1, Subpart Q. 168 We initiated a proceeding last February to revise our Part 1 rules. See Part 1 Proceeding. 169 47 C.F.R. 1.2104. 170 47 C.F.R. 1.2105. 171 47 C.F.R. 1.2106, 1.2107. 172 47 C.F.R. 1.2108. 173 47 C.F.R. 1.2109. 174 47 C.F.R. 1.2104(d). 175 41 rules, as revised, and substantially consistent with the auctions that have been employed 168 169 in other wireless services. We also propose to use our Part 24 rules applicable to the C block to the extent that such rules do not conflict with
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- winning bids and bidders for each license, and listing withdrawn bid payments due. Within five business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring the total amount of money on deposit with the government to 20 percent of its winning bid. See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any bid withdrawal amounts due under 47 C.F.R. 1.2104(g), as discussed in Part IV.B(5) above. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) Procedures for submitting these payments are similar to those for making upfront payments, as described in Part
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- to disclose in their long-form applications (FCC Form 600) the specific terms, conditions and parties involved in all bidding consortia, joint ventures, partnerships and other arrangements entered into relating to the competitive bidding process. Bidders found to have violated the anti-collusion rule may be subject to sanctions. Any potential antitrust violations will also be enforced. See 47 C.F.R. 1.2105(c), 1.2107(d) and 1.2109(d). Ex parte rule: Applicants should also be aware that the Commission has generally exempted auction proceedings from the strict requirements of the ex parte rule (47 C.F.R. 1.1208).2 Mock auction: Likewise, all applicants whose short-form applications have been accepted for filing are eligible to participate in a mock electronic auction beginning on Thursday, January 9, 1997. When
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- date. II. Joint Venture Agreements/Bidding Consortia. Attach and label as "Exhibit C: Agreements" a detailed explanation of the terms and conditions and parties involved in any bidding consortia, joint venture, partnership or other agreement or arrangement into which the applicant has entered relating to the competitive bidding process prior to the time the bidding was completed. See 47 C.F.R. 1.2107. To comply with this requirement, applicants can either submit the agreements themselves, or can submit a detailed description of those agreements with proprietary information excluded. If applicants choose to submit the agreements, they can redact proprietary information or can seek confidentiality for those documents pursuant to Section 0.459 of the Commission's Rules (see discussion of confidentiality requests under the "General
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- its system has provided service to subscribers for at least one year. We believe that 96 these requirements are sufficient to address the spectrum warehousing concern. Therefore, we will not adopt additional performance requirements for the cellular unserved area licenses. c. Rules Prohibiting Collusion 41. We will subject cellular unserved area licensees to the rules prohibiting collusion embodied in Section 1.2107(d) and 1.2105(c) of the Commission's rules. Bidders will be 97 required by Section 1.2105(a)(2) to identify on their short-form applications all parties with whom they have entered into any consortium arrangements, joint ventures, partnerships, or other agreements or understandings that relate to the competitive bidding process. Bidders will be required to certify that they have not entered and will not
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- unless it is an eligible small or very small business who elected to bid using bidding credits, then it must submit sufficient funds to bring the total amount of money on deposit with the government (upfront payment less any withdrawal payments) to 20 percent of its net winning bids (actual bids less any applicable bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under Section 1.2104(g)(1) of the Commission's Rules, as discussed in Part 4.B(5) above. Upfront payments are applied first to satisfy any outstanding bid withdrawal payments before being applied toward down payments. 47 C.F.R 1.2104(g)(2). B. Long-Form Application (FCC Form 600) Within ten business days
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- to disclose in their long-form applications (FCC Form 600) the specific terms, conditions and parties involved in all bidding consortia, joint ventures, partnerships and other arrangements entered into relating to the competitive bidding process. Bidders found to have violated the anti-collusion rule may be subject to sanctions. Any potential antitrust violations will also be enforced. See 47 C.F.R. 1.2105(c), 1.2107(d), 1.2109(d) and 27.204(c). Ex parte rule: Applicants should also be aware that the Commission has generally exempted auction proceedings from the strict requirements of the ex parte rule (47 C.F.R. 1.1208).1 Bidder information packages: Applicants who do not yet have the Bidder Information Package for this auction (or need additional copies) can order it by calling the FCC National
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- we believe that requiring payment by wire transfer will benefit bidders by streamlining and expediting the administration of the auction. As we noted in the NPRM, our experience has shown that verification of payments remitted to us by cashier's check is time-consuming and cumbersome, and requires the allotment of extra processing Federal Communications Commission FCC 97-50 See 47 C.F.R. 1.2107(b). 371 See 47 C.F.R. 1.2107. 372 See Appropriations Act, 3001(c). 373 87 time prior to the start of the auction. Permitting payment by cashier's check would require that upfront payments be made at an earlier point, which would decrease applicants' lead time to pursue business plans and arrange necessary financing before the start of the auction. In addition,
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- unless it is an eligible small or very small business who elected to bid using bidding credits, then it must submit sufficient funds to bring the total amount of money on deposit with the government (upfront payment less any withdrawal payments) to 20 percent of its net winning bids (actual bids less any applicable bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under Section 1.2104(g)(1) of the Commission's Rules, as discussed in Part 4.B(5) above. Upfront payments are applied first to satisfy any outstanding bid withdrawal payments before being applied toward down payments. 47 C.F.R. 1.2104(g)(2). B. Long-Form Application (FCC Form 600) Within ten business days
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- B. Long-Form Application Within ten business days after release of the auction closing notice, winning bidders must submit a properly completed long-form application and required exhibits for each 800 MHz SMR license won through the auction. Winning small business or very small business bidders must include an exhibit demonstrating their eligibility for the small business provisions. See 47 C.F.R. 1.2107(c)(d). Further filing instructions will be provided to auction winners at the close of the auction. C. Application Processing and Grant; Final Payments Once a high bidder has submitted its down payment and filed an acceptable long-form application, the FCC will release a public notice announcing acceptance of the long-form application. Unless otherwise announced, parties will have thirty days following the
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- anti-competitive behavior in the marketplace. Winning bidders will be required to disclose in their long-form applications the specific terms, conditions and parties involved in all bidding consortia, joint ventures, partnerships, and other arrangements entered into relating to the competitive bidding process. Bidders found to have violated the anti- collusion rule may be subject to sanctions. See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.209(d). Ex parte rule: Applicants should also be aware that the Commission has generally exempted auction proceedings from the strict requirements of the ex parte rule (47 C.F.R. 1.1208). See "Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes," Public Notice, 9 FCC
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- 1997, winning bidders in the 800 MHz SMR auction must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required (1) down payments on winning bids and (2) payments for withdrawn bids. If a bidder's upfront payment is not sufficient to meet both of these requirements, the bidder must deposit additional funds. See 47 1.2107(b). 3 The amount now due from each bidder, if any, is set out in the last column of Attachment B. Note that if a bidder's upfront payment covers the required total of down payments and withdrawn bid payments (as reflected in Attachment B), no payment or FCC Form 159 is necessary at this time. Each winning bidder's down payment must
- http://wireless.fcc.gov/auctions/17/releases/d980141.pdf
- prevent anti-competitive behavior in the marketplace. Winning bidders will be required to disclose in their long-form applications the specific terms, conditions and parties involved in all bidding consortia, joint ventures, partnerships, and other arrangements entered into relating to the competitive bidding process. Bidders found to have violated the anti-collusion rule may be subject to sanctions. See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.209(d). Ex Parte Rule: Applicants should also be aware that the Commission has generally exempted auction proceedings from the strict requirements of the ex parte rule (47 C.F.R. 1.1208). See "Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes," Public Notice, 9 FCC
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- has communicated with and will communicate neither with Company A or anyone else concerning Company A's bids or bidding strategy, nor with Company C or anyone else concerning Company C's bids or bidding strategy, or (2) that it has not communicated with and will not communicate with Company D or anyone else concerning Company D's bids or bidding strategy. 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) Unless otherwise specified by public notice, 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
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- 9, 1998, winning bidders in the LMDS auction must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids and (2) payments for withdrawn bids. If a bidder's upfront payment is not sufficient to meet both of these requirements, the bidder must deposit additional funds. See 47 C.F.R. 1.2107(b). 3 The amount now due from each winning bidder, if any, is set out in the last column of Attachment B. Note that only if a winning bidder's upfront payment covers the required total of Copies of the FCC Form 159 may be obtained by calling the Commission's Forms Distribution Center at 1- 4 800-418-3676 (outside Washington, D.C.) or 202-418-3676
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- be computed on the lower of the net bids. However, if the differences between both the gross bids and the net bids are less than or equal to zero, the second component of the default payment will be computed on the lower of the net bids. Federal Communications Commission DA 99-1037 47 C.F.R. 1.2109. 21 47 C.F.R. 1.2104(g)(1)-(2); 1.2107(c); see Tel-com Wireless Cable TV, Order, 12 FCC Rcd 6747 (1997) 22 (permitting an auction winner who won three licenses to pay for two licenses and default on the third). See Auction 23 PN at Attachment D. 23 We note that Attachment D to the Auction No. 23 PN erroneously lists Baker Creek's total default payment 24 amount as $60,121.77.
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- any existing licenses held by the applicant.507 d. Regulatory Safeguards (1) Transfer Disclosure Federal Communications Commission FCC 97-82 47 U.S.C. 309(j)(4)(E). 508 Third NPRM, 11 Rcd at 115-16 (para. 172). 509 CellularVision Comments to Third NPRM at 20. 510 See paras. 350-351, 359-361, infra. 511 Third NPRM, 11 FCC Rcd at 116-17 (para. 174). 512 47 CFR 1.2105, 1.2107. 513 PAGE 139 337. The Communications Act directs us to require such transfer disclosures and anti- trafficking restrictions and payment schedules as may be necessary to prevent unjust enrichment as a result of the methods employed to issue licenses and permits.'' As we proposed in the 508 Third NPRM, we will adopt the transfer disclosure requirements contained in Section 1.2111(a)
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- shall append the following information as an exhibit to its short-form applications Federal Communications Commission FCC 97-323 APPENDIX A :: PAGE 3 (FCC Form 175): (1) The identities of the applicant's affiliates and controlling principals; and (2) The applicant's gross revenues, computed in accordance with Sec. 101.1112. (b) Long-form applications: certifications and disclosure. In addition to the requirements in Sec. 1.2107 of this chapter, each applicant submitting a long-form application for an LMDS license and qualifying as a very small business, small business or entrepreneur pursuant to Sec. 101.1112 shall, in an exhibit to its long-form application: (1) Disclose separately and in the aggregate the gross revenues, computed in accordance with Sec. 101.1112, for each of the following: the applicant, the
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- Commission FCC 97-82 See Competitive Bidding Second Report and Order, 9 FCC Rcd at 2382 (paras. 197-205). 507 47 U.S.C. 309(j)(4)(E). 508 Third NPRM, 11 Rcd at 115-16 (para. 172). 509 CellularVision Comments to Third NPRM at 20. 510 See paras. 350-351, 359-361, infra. 511 Third NPRM, 11 FCC Rcd at 116-17 (para. 174). 512 47 CFR 1.2105, 1.2107. 513 336. In addition, if a default or disqualification involves gross misconduct, misrepresentation or bad faith by an applicant, we retain the option to declare the applicant and its principals ineligible to bid in future auctions, or take any other action we deem necessary, including institution of proceedings to revoke any existing licenses held by the applicant.507 d. Regulatory Safeguards
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- the Commission may declare the applicant and its principals ineligible to bid in future auctions, and may take any other action that it deems necessary, including institution of proceedings to revoke any existing licenses held by the applicant. Federal Communications Commission FCC 97-57 Competitive Bidding Second Report and Order, 9 FCC Rcd at 2383 (para. 199). See also Sections 472 1.2107(c) and 1.2107(d) of the Commission's Rules, 47 C.F.R. 1.2107(c) and 1.2107(d). Third Notice, 11 FCC Rcd at 259-60 (para. 142). 473 This provision was slightly modified and recodified as Section 22.130 of the Commission's Rules. See 474 Part 22 Rewrite Order, 9 FCC Rcd 6599 (citing 47 C.F.R. 22.130). The text of this provision is identical to that
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- prevent anti-competitive behavior in the marketplace. Winning bidders will be required to disclose in their long-form applications the specific terms, conditions and parties involved in all bidding consortia, joint ventures, partnerships, and other arrangements entered into relating to the competitive bidding process. Bidders found to have violated the anti-collusion rule may be subject to sanctions. See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). Ex Parte Rule: Applicants should also be aware that the Commission has generally exempted auction proceedings from the strict requirements of the ex parte rule (47 C.F.R. 1.1208). See "Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes," Public Notice, 9 FCC
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- in the Phase II 220 MHz Service auction must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids. If a bidder's upfront payment is not sufficient to meet both of these requirements, the bidder must deposit additional funds. See 47 C.F.R. 1.2107(b), 90.1011(b).1 The amount now due from each winning bidder, if any, is set out in the last column of Attachment B. Note that only if a winning bidder's upfront payment covers the required total of down payments and withdrawn bid payments (as reflected in Attachment B) is no payment or FCC Form 159 necessary at this time. Each winning bidder's
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- (Auction No. 18). This Public Notice announced that Rush was the winning bidder 3 in this auction for the E Block in the following Economic Areas (EAs): BEA053, Pittsburgh, PA-WV; BEA067, Indianapolis, IN-IL; BEA099, Kansas City, MO-KS; BEA124, Tulsa, OK-KS; BEA125, Federal Communications Commission DA 98-2397 Id., Attachment A. 4 47 C.F.R. 90.1011, 90.1013; see also 47 C.F.R. 1.2107. 5 Pursuant to sections 90.1017(a) and 90.1021(b)(2) the Commission's Rules, Rush qualifies as a "very small 6 business" and is entitled to a 35 percent bidding credit. See 47 C.F.R. 90.1017(a), 90.1021(b)(2). Rush's total gross winning bid amount, excluding the 35 percent bidding credit, was $99,900. With the 35 percent bidding credit, Rush's total net winning bid amount was
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- the Commission may declare the applicant and its principals ineligible to bid in future auctions, and may take any other action that it deems necessary, including institution of proceedings to revoke any existing licenses held by the applicant. Federal Communications Commission FCC 97-57 Competitive Bidding Second Report and Order, 9 FCC Rcd at 2383 (para. 199). See also Sections 472 1.2107(c) and 1.2107(d) of the Commission's Rules, 47 C.F.R. 1.2107(c) and 1.2107(d). Third Notice, 11 FCC Rcd at 259-60 (para. 142). 473 This provision was slightly modified and recodified as Section 22.130 of the Commission's Rules. See 474 Part 22 Rewrite Order, 9 FCC Rcd 6599 (citing 47 C.F.R. 22.130). The text of this provision is identical to that
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- Section 90.1013 Long-form Application (FCC Form 601). Each successful bidder for a 220 MHz geographic area license must submit a long-form application (FCC Form 601) within ten (10) business days after being notified by Public Notice that it is the winning bidder. Applications for 220 MHz geographic area licenses on FCC Form 601 must be submitted in accordance with 1.2107 of this chapter, all applicable procedures set forth in the rules in this part, and any applicable Public Notices that the Commission may issue in connection with an auction. After an auction, the Commission will not accept long-form applications for 220 MHz geographic area licenses from anyone other than the auction winners and parties seeking partitioned licenses pursuant to agreements
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- and down payments. (a) Where the Commission uses simultaneous multiple round auctions or oral sequential auctions bidders will be required to submit an upfront payment pursuant to the procedures set forth in 1.2106 of this chapter. (b) Winning bidders in an auction must submit a down payment to the Commission in accordance with the procedures set forth in 1.2107 (a) and (b) of this chapter. (c) Notwithstanding paragraphs (a) and (b) of this section, eligible small businesses may submit a down payment of 5 percent of the winning bid five days after the auction closes and 5 percent five days after public notice that the license is ready for grant. 26.207 Long form applications. Winning bidders will be
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- concerning short-form and long-form applications (including the anti-collusion rule), withdrawal and default payments, down payments, full payment, late payment fees, and unjust enrichment will now replace all analogous rules previously Federal Communications Commission FCC 98-212 That is, all service-specific GWCS application and payment rules are now replaced by their Part 1 rule counterparts: 47 5 C.F.R. 1.2104, 1.2105, 1.2106, 1.2107, 1.2108, 1.2109, 1.2110, 1.2111, and 1.2112. See Appendix C. 47 C.F.R. 1.2113. 6 See 47 C.F.R. 1.2110(b)(4), m. 7 While we are adopting the proposed definition of "controlling interest" for GWCS, this decision is not dispositive of the 8 issue as it pertains to all other future auctions. The Part 1 designated entity provisions contained in proposed rules
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- listing withdrawn bid payments due. Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. 1.2104(g), as discussed in "Bid Removal and Bid Withdrawal," Part 4.B.(6). (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) B. Long-Form Application Within ten business days after release of the auction closing
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- FCC Form 175. However, applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement(s) in their Form 175 short-form applications. By 8 signing their FCC Form 175 short form applications, applicants are certifying their compliance See 47 C.F.R. 1.65. 9 See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 10 See "Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in 11 Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes," Public Notice, 9 FCC Rcd 6760 (1994). See 47 C.F.R. 1.2112(b). 12 5 with Section 1.2105(c). In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the
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- bidders in the VHF Public Coast Service auction must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids. If a bidder's upfront payment is not sufficient to meet both of these requirements, the bidder must deposit additional funds. See 47 C.F.R. 1.2107(b).1 The amount now due from each bidder, if any, is set out in the last column of Attachment B. Note that only if a bidder's upfront payment covers the required total of down payments and withdrawn bid payments (as reflected in Attachment B) is no payment or FCC Form 159 necessary at this time. Each bidder's down payment must be
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- listing withdrawn bid payments due. Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. 1.2104(g), as discussed in "Bid Removal and Bid Withdrawal," Part 4.B.(6). (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) B. Long-Form Application Within ten business days after release of the auction closing
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- 15, 1998 Auction Date for 528 1 Multilateration Location and Monitoring Service Licenses; Commencement of the Auction Postponed to February 23, 1999," Public Notice, DA 98-2246 (rel. November 10, 1998), 63 Fed. Reg. 63,730 (November 16, 1998) ("LMS Postponement Public Notice"). Beginning January 1, 1999, all short- and long-form applications must be electronically filed. 47 2 C.F.R. 1.2105(a) and 1.2107(c). PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 News Media Information: (202) 418-0500 Fax-On-Demand: (202) 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov DA 98-2582 December 23, 1998 ELECTRONIC FILING REQUIREMENT WAIVED FOR THE LOCATION AND MONITORING SERVICE AUCTION Report No. AUC-98-21-E (Auction No. 21) By public notice dated November 10, 1998, the Wireless Telecommunications Bureau ("Bureau") postponed the commencement
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- merely 5 filing a certifying statement as part of an application will not outweigh specific evidence that collusive behavior has occurred nor will it preclude the initiation of an investigation when See Nevada Wireless, 13 FCC Rcd at 11978, 13 (1998). 6 See 47 C.F.R. 1.2105(c). 7 See 47 C.F.R. 1.65. 8 See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 9 See "Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate 10 in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes," Public Notice, 9 FCC Rcd 6760 (1994). 4 warranted. In the LMS auction, for example, the rule would apply to any applicants bidding 6 for the same multilateration LMS license. Therefore,
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- 22, 1999, winning bidders in the LMS auction must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids. If a bidder's upfront payment is not sufficient to meet both of these requirements, the bidder must deposit additional funds. See 47 C.F.R. 1.2107(b).1 The amount now due from each bidder, if any, is set out in the last column of Attachment B. Note that only if a bidder's upfront payment covers the required total of down payments and withdrawn bid payments (as reflected in Attachment B) is no payment or FCC Form 159 necessary at this time. Each bidder's down payment must be
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit "Location and Monitoring Service Auction Closes," Public Notice, DA 99-405 (rel. March 8, 1999) ("LMS 1 Closing Public Notice"). Markets for which Progeny submitted winning bids are listed in Attachment A of the LMS Closing Public Notice. Id. 2 See 47 C.F.R. 1.2107(b). See also LMS Closing Public Notice, Attachment B. 3 See 47 C.F.R. 90.353(d), (f). 4 See LMS Closing Public Notice, Attachment A. 5 See 47 C.F.R. 90.353(d) and (f). See also 47 C.F.R. 1.2109(c). 6 1 August 30, 1999 DA 99-1731 Eric W. DeSilva Wiley, Rein & Fielding 1776 K Street, N.W. Washington, D.C. 20006 Dear Mr.
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- listing withdrawn bid payments due. Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. 1.2104(g), as discussed in "Bid Removal and Bid Withdrawal," page 76 Tab D. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) B. Long-Form Application Within ten business days after release of the
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- 47 C.F.R. 1.65. An applicant that fails to submit the required FCC Form 601 application by 5:30 p.m. ET on May 4, 1999, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in 47 C.F.R. 1.2104, 24.704. See 47 C.F.R. 1.2107(c). Number of Forms To Be Filed Filers applying for multiple licenses are not required to submit a separate application for each market if all filing requirements associated with the application are identical except for the market designator and market name. Under these circumstances, applicants may submit one FCC Form 601 Main Form and Schedule B. Frivolous Pleadings Pursuant to 47
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- such 17 payments and, accordingly, will not do so. We note, by way of example, that unsuccessful bidders in Commission auctions do not earn interest on their upfront payments or down payments. Rather, the accrued interest on these funds is transferred to the Telecommunications Development Fund. See Communications Act 309(j)(8)(C), 47 U.S.C. 309(j)(8)(C); 47 C.F.R. 1.2106(a) and 1.2107(b). Mountain Solutions Comments at 1-3; see Mountain Solutions Ltd., Inc. Emergency Petition for Waiver of 18 Section 24.711(a)(2) of the Commission's Rules Regarding Various BTA Markets in the Broadband Personal Communications Services (PCS) C Block Auction, Memorandum Opinion and Order, FCC 98-220 (rel. October 1, 1998), appeal docketed, No. 98-1503 (D.C. Cir. October 30, 1998). 47 C.F.R. 1.2104(g)(2). 19
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- 16 Commission of any violation of the anti-collusion rules upon learning of such violation. Bidders are therefore required to make such notification to the Commission immediately upon discovery. In addition, applicants are reminded that they are subject to the antitrust laws, which are designed to prevent anti-competitive behavior in the marketplace. Winning bidders will be See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 17 See 47 C.F.R. 1.1202(d) note (1); see also "Commission Announces that Mutually Exclusive 'Short-Form' 18 Applications (Form 175) to Participate in Competitive Bidding Process ('Auctions') Are Treated as Exempt for Ex Parte Purposes." Public Notice, 9 FCC Rcd 6760 (1994). See 47 C.F.R. 1.1200. 19 See 47 C.F.R. 1.2112(b). 20 7 required to disclose
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- March 10, 1999) ("Qualified Bidders Public Notice"). 6 See Qualified Bidders Public Notice at Att. G. 7 See Bidder Information Package at Tab D, pp. 127-34. 8 47 C.F.R. 1.2104(g)(2). 9 47 C.F.R. 1.2109, 1.2104. on deposit with the Government to 20 percent of its net high bids (actual bids less any applicable bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. 1.2104(g), as discussed in "Bid Removal and Bid Withdrawal," Tab D of the C, D, E, & F Broadband PCS Auction Bidder Information Package. Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.10
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- 4, 1999, winning bidders in Auction No. 22 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids. If a bidder's upfront payment is not sufficient to meet both of these requirements, the bidder must deposit additional funds. See 47 C.F.R. 1.2107(b).1 The amount now due from each bidder, if any, is set out in the last column of Attachment B. Note that only if a bidder's upfront payment covers the required total of down payments and withdrawn bid payments (as reflected in Attachment B) is no payment or FCC Form 159 necessary at this time. Each bidder's down payment must be
- http://wireless.fcc.gov/auctions/22/releases/e990757d.pdf http://wireless.fcc.gov/auctions/22/releases/e990757d.wp
- 47 C.F.R. 1.65. An applicant that fails to submit the required FCC Form 601 application by 5:30 p.m. ET on May 5, 1999, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in 47 C.F.R. 1.2104, 24.704. See 47 C.F.R. 1.2107(c). Number of Forms To Be Filed Filers applying for multiple licenses are not required to submit a separate application for each market if all filing requirements associated with the application are identical except for the market designator and market name. Under these circumstances, applicants may submit one FCC Form 601 Main Form and Schedule B. Frivolous Pleadings Pursuant to 47
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- 5, 1999, winning bidders in Auction No. 22 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids. If a bidder's upfront payment is not sufficient to meet both of these requirements, the bidder must deposit additional funds. See 47 C.F.R. 1.2107(b). By 5:30 p.m. ET on May 5, 1999, winning 2 bidders must submit completed long-form license application(s) covering each license for which they were the winning high bidder. Please refer to the Closing Public Notice for further information. For further information, contact: News Media: Meribeth McCarrick at 202-418-0654 Technical Support Hotline: Technical Support Personnel at 202-414-1250 (V) or 202-414-1255 (text
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- have defaulted or been delinquent in the past, but have since paid all of their Federal Communications Commission FCC 98-176 CIRI Comments at 7-9; see 47 C.F.R. 24.720(l)(11). 71 Part 1 Third Report and Order, 13 FCC Rcd at 392-393 para. 28; 47 C.F.R. 1.2110(b)(4)(xi). 72 47 C.F.R. 1.2104. 73 Id. 1.2105 74 Id. 1.2106, 1.2107. 75 Id. 1.2108. 76 Id. 1.2109; see C Block Further Notice, 12 FCC Rcd at 16,476 para. 90. 77 See Part 1 Third Report and Order, 13 FCC Rcd at 376 para. 1. 78 12 outstanding non-Internal Revenue Service Federal debts and all associated charges or penalties, to be eligible to participate in C block reauctions, provided that
- http://wireless.fcc.gov/auctions/22/releases/pcsbipe.pdf
- listing withdrawn bid payments due. Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. 1.2104(g), as discussed in "Bid Removal and Bid Withdrawal," in Tab D. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) B. Long-Form Application Within ten business days after release of the auction
- http://wireless.fcc.gov/auctions/22/releases/pcsbipg.pdf
- have defaulted or been delinquent in the past, but have since paid all of their Federal Communications Commission FCC 98-176 CIRI Comments at 7-9; see 47 C.F.R. 24.720(l)(11). 71 Part 1 Third Report and Order, 13 FCC Rcd at 392-393 para. 28; 47 C.F.R. 1.2110(b)(4)(xi). 72 47 C.F.R. 1.2104. 73 Id. 1.2105 74 Id. 1.2106, 1.2107. 75 Id. 1.2108. 76 Id. 1.2109; see C Block Further Notice, 12 FCC Rcd at 16,476 para. 90. 77 See Part 1 Third Report and Order, 13 FCC Rcd at 376 para. 1. 78 12 outstanding non-Internal Revenue Service Federal debts and all associated charges or penalties, to be eligible to participate in C block reauctions, provided that
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- listing withdrawn bid payments due. Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. 1.2104(g), as discussed in "Bid Removal and Bid Withdrawal," Part 4.B.(6). (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) B. Long-Form Application Within ten business days after release of the auction closing
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- a License to Provide 800 MHz Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd 11973, 11977, 11 (1998) ("Nevada Wireless"). See Nevada Wireless, 13 FCC Rcd at 11978, 13 (1998). See 47 C.F.R. 1.2105(c). See 47 C.F.R. 1.65. See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. 1.1202(d) note (1); see also "Commission Announces that Mutually Exclusive 'Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process ('Auctions') Are Treated as Exempt for Ex Parte Purposes." Public Notice, 9 FCC Rcd 6760 (1994). See 47 C.F.R. 1.2112(b). See 47 C.F.R. 1.1305-1.1319. V u U V t u U
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- 1999, winning bidders in the LMDS auction must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids, if applicable. If a bidder's upfront payment is not sufficient to meet both of these requirements, the bidder must deposit additional funds. See 47 C.F.R. 1.2107(b), 101.1105(b).1 The amount now due from each bidder, if any, is set out in the last column of Attachment B. Note that only if a bidder's upfront payment covers the required total of down payments and withdrawn bid payments (as reflected in Attachment B) is no payment or FCC Form 159 necessary at this time. Each bidder's down payment must
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- listing withdrawn bid payments due. Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. 1.2104(g), as discussed in "Bid Removal and Bid Withdrawal," Part 4.B.(6), supra. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) B. Long-Form Application Within ten business days after release of the auction
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- Band A, Memorandum Opinion and Order, 13 FCC Rcd 11973, 11977, 11 (WTB 1998) ("Nevada Wireless"). These and other documents addressing the Commission's anti-collusion rule are available on the FCC Web Site at: http://www.fcc.gov/wtb/auctions. See Nevada Wireless, 13 FCC Rcd at 11978, 13. See 47 C.F.R. 1.2105(c). See 47 C.F.R. 1.65. See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. 1.1202(d) note (1); see also "Commission Announces that Mutually Exclusive 'Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process ('Auctions') Are Treated as Exempt for Ex Parte Purposes." Public Notice, 9 FCC Rcd 6760 (1994). See 47 C.F.R. 1.2112(b). See 47 C.F.R. 1.1305-1.1319. A A B t A B
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- Phase II 220 MHz Auction (Auction 24) must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids, if applicable. If a bidder's upfront payment is not sufficient to meet both of these requirements, the bidder must deposit additional funds. See 47 C.F.R. 1.2107(b), 90.1011(b). The amount now due from each bidder, if any, is set out in the last column of Attachment B. Note that only if a bidder's upfront payment covers the required total of down payments and withdrawn bid payments (as reflected in Attachment B) is no payment or FCC Form 159 necessary at this time. Each bidder's down payment must
- http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.pdf http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.wp
- In accordance with the provisions of paragraph (d), in the event a penalty is assessed pursuant to 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. 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) Unless otherwise specified by public notice, 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
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- bidder's construction permit. Pending applications which are subject to further review are not listed in Attachment A. Disposition of the Auction 25 construction permit applications not listed in Attachment A will be announced in subsequent public notices or orders. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Standard Time, on March 24, 2000 (or 6:00 p.m. Eastern Standard Time, April 7, 2000, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated
- http://wireless.fcc.gov/auctions/25/releases/da000763.doc http://wireless.fcc.gov/auctions/25/releases/da000763.pdf http://wireless.fcc.gov/auctions/25/releases/da000763.txt
- bidder's construction permit. Pending applications which are subject to further review are not listed in Attachment A. Disposition of the Auction 25 construction permit applications not listed in Attachment A will be announced in subsequent public notices or orders. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Standard Time, on April 20, 2000 (or 6:00 p.m. Eastern Standard Time, May 4, 2000, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated
- http://wireless.fcc.gov/auctions/25/releases/da001084.doc http://wireless.fcc.gov/auctions/25/releases/da001084.pdf http://wireless.fcc.gov/auctions/25/releases/da001084.txt
- bidder's construction permit. Pending applications which are subject to further review are not listed in Attachment A. Disposition of the Auction 25 construction permit applications not listed in Attachment A will be announced in subsequent public notices or orders. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Standard Time, on June 1, 2000 (or 6:00 p.m. Eastern Standard Time, June 15, 2000, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated
- http://wireless.fcc.gov/auctions/25/releases/da010637.doc http://wireless.fcc.gov/auctions/25/releases/da010637.pdf http://wireless.fcc.gov/auctions/25/releases/da010637.txt
- bidder's construction permit. Pending applications which are subject to further review are not listed in Attachment A. Disposition of the Auction 25 construction permit applications not listed in Attachment A will be announced in subsequent public notices or orders. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Standard Time, on March 26, 2001 (or 6:00 p.m. Eastern Standard Time, April 9, 2001, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated
- http://wireless.fcc.gov/auctions/25/releases/da011347.doc http://wireless.fcc.gov/auctions/25/releases/da011347.pdf http://wireless.fcc.gov/auctions/25/releases/da011347.txt
- Opinion and Order, FCC 01-129 (released May 29, 2001), will become effective upon release of the above-described Public Notice announcing the grant of a construction permit for a new FM broadcast station on Channel 243A at Biltmore Forest, North Carolina. PAYMENT INSTRUCTIONS Payment must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Time, on June 15, 2001 (or 6:00 p.m. Eastern Time, June 25, 2001, along with the five percent late fee). All applicants must allow sufficient time for the wire transfer to be initiated and
- http://wireless.fcc.gov/auctions/25/releases/da011451.doc http://wireless.fcc.gov/auctions/25/releases/da011451.pdf http://wireless.fcc.gov/auctions/25/releases/da011451.txt
- bidder's construction permit. Pending applications which are subject to further review are not listed in Attachment A. Disposition of the Auction 25 construction permit applications not listed in Attachment A will be announced in subsequent public notices or orders. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Daylight Time, on July 3, 2001 (or 6:00 p.m. Eastern Daylight Time, July 18, 2001, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated
- http://wireless.fcc.gov/auctions/25/releases/da991800.pdf
- is a serious matter that may result in severe penalties, including monetary forfeitures, license revocations, exclusion from participation in future auctions, and/or criminal prosecution. 6 See Nevada Wireless, 13 FCC Rcd at 11978, 13. 7 See 47 C.F.R. 1.65. 8 Section 73.5005(a) of the Commission's rules requires that post-auction filings include the exhibits required by 47 C.F.R. Section 1.2107(d) (concerning any bidding consortia, joint bidding arrangements or other agreements relating to the competitive bidding process); Section 1.2110(i) (concerning designated entity status, if applicable); and Section 1.2112(a) & (b) (concerning disclosure of ownership and real party in interest information.) 9 See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 10 See 47 C.F.R. 1.1202(d) note (1); see also "Commission Announces
- http://wireless.fcc.gov/auctions/25/releases/da992153.doc http://wireless.fcc.gov/auctions/25/releases/da992153.pdf http://wireless.fcc.gov/auctions/25/releases/da992153.txt
- by 6:00 p.m. ET on October 26, 1999, winning bidders in the Closed Broadcast Auction (Auction No. 25) must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required down payments on winning bids. If a bidder's upfront payment is not sufficient to meet this requirement, the bidder must deposit additional funds. See 47 C.F.R. 1.2107(b) and 73.5003(b). The amount now due from each bidder, if any, is set out in the last column of Attachment B. Note that only if a bidder's upfront payment covers the required total of down payments and withdrawn bid payments (as reflected in Attachment B) is no payment or FCC Form 159 necessary at this time. Each bidder's down payment
- http://wireless.fcc.gov/auctions/25/releases/fc980194.pdf http://wireless.fcc.gov/auctions/25/releases/fc980194.txt http://wireless.fcc.gov/auctions/25/releases/fc980194.wp
- its disposal to discourage unqualified applicants from participating in the auction process. For example, prospective bidders should be aware that a winning bidder whose long-form application cannot ultimately be granted for either legal or technical reasons may be subject to default payments under the Commission's general competitive bidding rules. See infra 161. See also 47 168 C.F.R. 1.2104(g)(2); 1.2107(b); 1.2109. Our general competitive bidding rules also provide that if a winning bidder is found unqualified to be a licensee, the Commission may either reauction the license to existing or new applicants, or offer it to the other highest bidders in descending order at their final bids. See 47 C.F.R. 1.2109(c). These provisions establish strong incentives for potential bidders
- http://wireless.fcc.gov/auctions/25/releases/fc990074.pdf http://wireless.fcc.gov/auctions/25/releases/fc990074.txt http://wireless.fcc.gov/auctions/25/releases/fc990074.wp
- of this public notice. See First Report and Order, 13 FCC Rcd at 15983-86; 47 C.F.R. 73.5003, 73.5005, 73.5006. These broadcast auction procedures follow the Commission's Part 1 auction rules, under which only winning bidders are required to submit long-form applications and petitions to deny are entertained only against the long-form applications of winning bidders. See 47 C.F.R. 1.2107, 1.2108, 1.2109.74 53. Pleadings. Several petitioners contend that Section 309(j)(1) and Section 309(j)(6)(E) show 75 the intent of Congress that authorizations be awarded by competitive bidding only where there exists more than one qualified applicant. To assure this outcome, these petitioners contend that the Commission should 76 adopt "some" procedure to be applied on a case-by-case basis whereby, upon petition
- http://wireless.fcc.gov/auctions/26/releases/d000508d.doc http://wireless.fcc.gov/auctions/26/releases/d000508d.pdf http://wireless.fcc.gov/auctions/26/releases/d000508d.txt
- 47 C.F.R. 1.65. An applicant that fails to submit the required FCC Form 601 application by 5:30 p.m. ET on March 20, 2000, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in 47 C.F.R. 1.2104, 22.213. See 47 C.F.R. 1.2107(c). Number of Forms To Be Filed. Filers applying for multiple licenses are not required to submit a separate application for each market if all filing requirements associated with the application are identical except for the market designator and market name. Under these circumstances, applicants may submit one FCC Form 601 Main Form and Schedule B. Frivolous Pleadings. The Commission reminds
- http://wireless.fcc.gov/auctions/26/releases/da000173.doc http://wireless.fcc.gov/auctions/26/releases/da000173.pdf http://wireless.fcc.gov/auctions/26/releases/da000173.txt
- FCC website at: http://www.fcc.gov/wtb/auctions. See Auction No. 26 Public Notice; ``Auction Notice for 2,499 Paging Upper Band Licenses Scheduled for February 24, 2000, Due Diligence Issues,'' Public Notice, DA 99-2988 (rel. December 23, 1999). ``Wireless Telecommunications Bureau clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. 1.202(d) note (1); See also ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). See 47 C.F.R. 1.2112(b). $ B PNG !R>^SS߿"Kker4 JdMOO ,I TV5
- http://wireless.fcc.gov/auctions/26/releases/da000508.doc http://wireless.fcc.gov/auctions/26/releases/da000508.pdf http://wireless.fcc.gov/auctions/26/releases/da000508.txt
- winning bidders in Auction No. 26 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids, if applicable. If a bidder's upfront payment is not sufficient to meet both of these requirements, the bidder must deposit additional funds. See 47 C.F.R. 1.2107(b), 1.2104(g). The amount now due from each bidder, if any, is set out in the last column of Attachment B. Note that only if a bidder's upfront payment covers the required total of down payments and withdrawn bid payments (as reflected in Attachment B) is no payment or FCC Form 159 necessary at this time. Each bidder's down payment must
- http://wireless.fcc.gov/auctions/26/releases/da012480.pdf http://wireless.fcc.gov/auctions/26/releases/da012480.txt
- payment until we reauction the spectrum associated with the licenses upon which Trompex defaulted, we assess a deposit toward the default payment in the amount of three percent of the total amount of its defaulted bids. Accordingly, by this Order, we assess an initial default payment of $26,343, three percent of Trompex's winning bids in the auction.17 Pursuant to section 1.2107(b) of the Commission's rules, we will apply Trompex's upfront payment to satisfy this initial default payment obligation.18 The remaining default payment will be assessed once a new bid price for the spectrum associated with the defaulted licenses is established in a subsequent auction. If an additional payment is required, a further order will assess such payment.19 IV. ORDERING CLAUSES 7.
- http://wireless.fcc.gov/auctions/26/releases/da991591.doc http://wireless.fcc.gov/auctions/26/releases/da991591.pdf http://wireless.fcc.gov/auctions/26/releases/da991591.txt
- listing withdrawn bid payments due. Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. 1.2104(g), as discussed in "Bid Removal and Bid Withdrawal," Part 4.B.(6). (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) B. Long-Form Application Within ten business days after release of the auction closing
- http://wireless.fcc.gov/auctions/26/releases/fc970059.pdf http://wireless.fcc.gov/auctions/26/releases/fc970059.txt http://wireless.fcc.gov/auctions/26/releases/fc970059.wp
- warns bidders of the possibility of a mistaken bid, and this procedure will be utilized in the paging license auctions.345 Federal Communications Commission FCC 97-59 Competitive Bidding Second Report and Order, 9 FCC Rcd at 2383, 199. 346 Notice, 11 FCC Rcd at 3130, 108. 347 AirTouch Comments at 45-46; PCIA Comments at 29. 348 47 C.F.R. 1.2107. 349 Notice, 11 FCC Rcd at 3130, 109. 350 Id. at 3127, 89. 351 66 g. Long-form applications 147. Background. In the Competitive Bidding Second Report and Order, we established rules requiring winning bidders to submit a long-form application. In the Notice, we proposed to 346 apply these rules to paging auctions.347 148. Comments. All responsive comments support
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- read as follows: 22.213 Long-form application (FCC Form 601). Each successful bidder for a paging geographic area authorization must submit a "long-form" application (Form 601) within ten (10) business days after being notified by Public Notice that it is the winning bidder. Applications for paging geographic area authorizations on FCC Form 601 must be submitted in accordance with 1.2107 and 1.2112 of this chapter, all applicable procedures set forth in the rules in this part, and any applicable Public Notices that the FCC may issue in connection with an auction. After an auction, the FCC will not accept long-form applications for paging geographic area authorizations from anyone other than the auction winners and parties seeking partitioned authorizations pursuant
- http://wireless.fcc.gov/auctions/26/releases/pagebp_d.pdf
- listing withdrawn bid payments due. Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. 1.2104(g), as discussed in "Bid Removal and Bid Withdrawal," in Tab D. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) 2. Long-Form Application Within ten business days after release of the auction
- http://wireless.fcc.gov/auctions/26/releases/pagebp_g.pdf
- by Public Notice. 22.213 Long-form application (FCC Form 601). Each successful bidder for a paging geographic area authorization must submit a "long-form" application (Form 601) within ten (10) business days after being notified by Public Notice that it is the winning bidder. Applications for paging geographic area authorizations on FCC Form 601 must be submitted in accordance with 1.2107 and 1.2112 of this chapter, all applicable procedures set forth in the rules in this part, and any applicable Public Notices that the FCC may issue in connection with an auction. After an auction, the FCC will not accept long-form applications for paging geographic area authorizations from anyone other than the auction winners and parties seeking partitioned authorizations pursuant
- http://wireless.fcc.gov/auctions/27/releases/da992154.doc http://wireless.fcc.gov/auctions/27/releases/da992154.pdf http://wireless.fcc.gov/auctions/27/releases/da992154.txt
- October 26, 1999, the winning bidder in the Pahrump, Nevada Closed Broadcast Auction (Auction No. 27) must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover the required down payment on the winning bid. If the winning bidder's upfront payment is not sufficient to meet this requirement, the bidder must deposit additional funds. See 47 C.F.R. 1.2107(b) and 73.5003(b). The amount now due from the bidder, is set out in the last column of Attachment B. The bidder's down payment must be a total of twenty (20) percent of its net winning bid. Long-Form Application. The winning bidder must submit minor amendments to the previously filed long-form application within 30 days, by November 12, 1999. The winning
- http://wireless.fcc.gov/auctions/28/releases/da000405.doc http://wireless.fcc.gov/auctions/28/releases/da000405.pdf http://wireless.fcc.gov/auctions/28/releases/da000405.txt
- Network's short-form (Form 175) application in SST10. See ``Supplemental Closed Broadcast Auction Public Notice,'' DA 99-2958 (rel. December 23, 1999). See ``Wireless Telecommunications Bureau clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). Section 73.5005(a) of the Commission's rules requires that post-auction filings include the exhibits required by 47 C.F.R. Section 1.2107(d) (concerning any bidding consortia, joint bidding arrangements or other agreements relating to the competitive bidding process); Section 1.2110(i) (concerning designated entity status, if applicable); and Section 1.2112(a) & (b) (concerning disclosure of ownership and real party in interest information.) See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. 1.1202(d) note (1); see also "Commission Announces that Mutually
- http://wireless.fcc.gov/auctions/28/releases/da000690.doc http://wireless.fcc.gov/auctions/28/releases/da000690.pdf http://wireless.fcc.gov/auctions/28/releases/da000690.txt
- 6:00 p.m. ET on April 10, 2000, winning bidders in the Supplemental Closed Broadcast Auction (Auction No. 28) must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required down payments on winning bids. If a bidder's upfront payment is not sufficient to meet this requirement; the bidder must deposit additional funds. See 47 C.F.R. 1.2107(b) and 73.5003(b). The amount now due from each bidder, if any, is set out in the last column of Attachment B. Note that only if a bidder's upfront payment covers the required total of down payments (as reflected in Attachment B) is no payment or FCC Form 159 necessary at this time. Each bidder's down payment must be a total
- http://wireless.fcc.gov/auctions/28/releases/da992958.doc http://wireless.fcc.gov/auctions/28/releases/da992958.pdf http://wireless.fcc.gov/auctions/28/releases/da992958.txt
- bid payments due, if any. Within ten business days after release of the auction closing public notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. 1.2104(g), as discussed in "Bid Removal and Bid Withdrawal," Part 4.B.(6), supra. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) B. Default and Disqualification Any high bidder that defaults or is disqualified after
- http://wireless.fcc.gov/auctions/28/releases/fc980194.pdf http://wireless.fcc.gov/auctions/28/releases/fc980194.txt http://wireless.fcc.gov/auctions/28/releases/fc980194.wp
- its disposal to discourage unqualified applicants from participating in the auction process. For example, prospective bidders should be aware that a winning bidder whose long-form application cannot ultimately be granted for either legal or technical reasons may be subject to default payments under the Commission's general competitive bidding rules. See infra 161. See also 47 168 C.F.R. 1.2104(g)(2); 1.2107(b); 1.2109. Our general competitive bidding rules also provide that if a winning bidder is found unqualified to be a licensee, the Commission may either reauction the license to existing or new applicants, or offer it to the other highest bidders in descending order at their final bids. See 47 C.F.R. 1.2109(c). These provisions establish strong incentives for potential bidders
- http://wireless.fcc.gov/auctions/28/releases/fc990074.pdf http://wireless.fcc.gov/auctions/28/releases/fc990074.txt http://wireless.fcc.gov/auctions/28/releases/fc990074.wp
- of this public notice. See First Report and Order, 13 FCC Rcd at 15983-86; 47 C.F.R. 73.5003, 73.5005, 73.5006. These broadcast auction procedures follow the Commission's Part 1 auction rules, under which only winning bidders are required to submit long-form applications and petitions to deny are entertained only against the long-form applications of winning bidders. See 47 C.F.R. 1.2107, 1.2108, 1.2109.74 53. Pleadings. Several petitioners contend that Section 309(j)(1) and Section 309(j)(6)(E) show 75 the intent of Congress that authorizations be awarded by competitive bidding only where there exists more than one qualified applicant. To assure this outcome, these petitioners contend that the Commission should 76 adopt "some" procedure to be applied on a case-by-case basis whereby, upon petition
- http://wireless.fcc.gov/auctions/30/releases/d001035d.doc http://wireless.fcc.gov/auctions/30/releases/d001035d.txt
- See 47 C.F.R. 1.65. An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on May 24, 2000, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in 47 C.F.R. 1.2104. See 47 C.F.R. 1.2107(c). Number of Forms To Be Filed. Filers applying for multiple licenses are not required to submit a separate application for each market if all filing requirements associated with the application are identical except for the market designator and market name. Under these circumstances, applicants may submit one FCC Form 601 Main Form and Schedule B. Frivolous Pleadings. The Commission reminds
- http://wireless.fcc.gov/auctions/30/releases/da000112.doc http://wireless.fcc.gov/auctions/30/releases/da000112.pdf http://wireless.fcc.gov/auctions/30/releases/da000112.txt
- listing withdrawn bid payments due. Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. 1.2104(g), as discussed in "Bid Removal and Bid Withdrawal," Part IV.B.6. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) Long-Form Application Within ten business days after release of the auction closing notice,
- http://wireless.fcc.gov/auctions/30/releases/da000615.doc http://wireless.fcc.gov/auctions/30/releases/da000615.pdf http://wireless.fcc.gov/auctions/30/releases/da000615.txt
- Procedural Issues," Public Notice, DA 00-112 (rel. January 21, 2000) (``Auction No. 30 Public Notice'') for detailed remittance and upfront payment information. This and other documents are available on the FCC website at: http://www.fcc.gov/wtb/auctions. ``Wireless Telecommunications Bureau clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. 1.202(d) note (1); See also ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). See 47 C.F.R. 1.2112(b). $ B PNG !R>^SS߿"Kker4 JdMOO ,I TV5 0z̪
- http://wireless.fcc.gov/auctions/30/releases/da001035.doc http://wireless.fcc.gov/auctions/30/releases/da001035.pdf http://wireless.fcc.gov/auctions/30/releases/da001035.txt
- winning bidders in Auction No. 30 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids, if applicable. If a bidder's upfront payment is not sufficient to meet both of these requirements, the bidder must deposit additional funds. See 47 C.F.R. 1.2107(b), 1.2104(g). The amount now due from each bidder, if any, is set out in the last column of Attachment B. Note that a payment and FCC Form 159 are necessary only if a bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each bidder's down payment must be
- http://wireless.fcc.gov/auctions/30/releases/fc970391.pdf http://wireless.fcc.gov/auctions/30/releases/fc970391.txt http://wireless.fcc.gov/auctions/30/releases/fc970391.wp
- NPRM. 257 Competitive Bidding Second Report and Order, 9 FCC Rcd at 2388. 258 47 U.S.C. 309(j)(4)(D). 259 Id. 260 59 especially the largest firms, from agreeing in advance to bidding strategies that divide the market according to their strategic interests and that disadvantage other bidders. 144. Discussion. We adopt the rules prohibiting collusive conduct in Sections 1.2105 and 1.2107 of our rules, as amended by the Part 1 proceeding, for use in the 39 GHz auctions. We note that we hav e 254 proposed to adopt two exceptions to our anti-collusion rules in our Part 1 proceeding. While we do not adopt 255 the proposed exceptions in this proceeding, we note that whatever exceptions to the anti-collusion rules w
- http://wireless.fcc.gov/auctions/31/releases/9906240(1stReporttoCongress).pdf
- statutory period for tiling petitions to deny is five days after the Accepfedfor Filing Public Notice, with oppositions due not less than five days later and replies due not less than five days after the deadline for oppositions." The approximate dates listed below are based on the statutory mnumum for these tiling periods, II 3. Milestone: See 47 C.F.R. 5 1.2107(b). Release Read,, to Grant Public Nolice (unopposed licenses) I? See Balanced Budget Act of 1997.5 3008; DOD Appropriations Act, 5 8124(a); see also 47 C.F.R. 5s: 1.939 and 1.2108. 8 Approximate Date: July 19, 2000 SummaN: After the period for filing petitions to deny (see Phase III, item 2. supra), the Bureau will release a Ready to Grant Public Notice
- http://wireless.fcc.gov/auctions/31/releases/da000292.doc http://wireless.fcc.gov/auctions/31/releases/da000292.pdf http://wireless.fcc.gov/auctions/31/releases/da000292.txt
- bid withdrawal payments due. Within ten business days after release of the auction closing public notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. 1.2104(g), as discussed in ``Bid Removal and Bid Withdrawal,'' Section IV.B.6. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) Long-Form Application Within ten business days after release of the auction closing public
- http://wireless.fcc.gov/auctions/31/releases/da010012.doc http://wireless.fcc.gov/auctions/31/releases/da010012.pdf http://wireless.fcc.gov/auctions/31/releases/da010012.txt
- Tribal Land Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a telephone service penetration rate equal to or below 70 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. 1.2107 and 1.2110(e). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal land bidding credit after winning the auction when it files its long-form application (FCC Form 601). In
- http://wireless.fcc.gov/auctions/31/releases/da020659.pdf http://wireless.fcc.gov/auctions/31/releases/da020659.txt
- Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable small and very small business bidding credits). See 47 C.F.R. 1.2107(b). B. Auction Discount Voucher On June 8, 2000, the Commission awarded Qualcomm, Inc. a transferable Auction Discount Voucher ("ADV") in the amount of $125,273,878.00.169 This ADV may be used by Qualcomm or its transferee, in whole or in part, to adjust a winning bid in any spectrum auction prior to June 8, 2003, subject to terms and conditions set forth
- http://wireless.fcc.gov/auctions/32/releases/fc990074.pdf http://wireless.fcc.gov/auctions/32/releases/fc990074.txt http://wireless.fcc.gov/auctions/32/releases/fc990074.wp
- of this public notice. See First Report and Order, 13 FCC Rcd at 15983-86; 47 C.F.R. 73.5003, 73.5005, 73.5006. These broadcast auction procedures follow the Commission's Part 1 auction rules, under which only winning bidders are required to submit long-form applications and petitions to deny are entertained only against the long-form applications of winning bidders. See 47 C.F.R. 1.2107, 1.2108, 1.2109.74 53. Pleadings. Several petitioners contend that Section 309(j)(1) and Section 309(j)(6)(E) show 75 the intent of Congress that authorizations be awarded by competitive bidding only where there exists more than one qualified applicant. To assure this outcome, these petitioners contend that the Commission should 76 adopt "some" procedure to be applied on a case-by-case basis whereby, upon petition
- http://wireless.fcc.gov/auctions/33/releases/d002154d.doc http://wireless.fcc.gov/auctions/33/releases/d002154d.txt
- See 47 C.F.R. 1.65. An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on October 10, 2000, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in 47 C.F.R. 1.2104. See 47 C.F.R. 1.2107(c). Number of Forms To Be Filed. Filers applying for multiple licenses are not required to submit a separate application for each market, if all filing requirements associated with the application are identical except for the market designator and market name. Under these circumstances, applicants may submit one FCC Form 601 Main Form and Schedule B. Frivolous Pleadings. The Commission reminds
- http://wireless.fcc.gov/auctions/33/releases/da000781.doc http://wireless.fcc.gov/auctions/33/releases/da000781.pdf http://wireless.fcc.gov/auctions/33/releases/da000781.txt
- bid withdrawal payments due. Within ten business days after release of the auction closing public notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. 1.2104(g), as discussed in ``Bid Removal and Bid Withdrawal,'' Part IV.B.6. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) In the 700 MHz Second Report and Order, in light of the statutory
- http://wireless.fcc.gov/auctions/33/releases/da001800.doc http://wireless.fcc.gov/auctions/33/releases/da001800.pdf http://wireless.fcc.gov/auctions/33/releases/da001800.txt
- (1995). See Auction of Licenses for the 700 MHz Guard Bands, Scheduled for June 14, 2000, Auction Notice and Filing Requirements for 104 Licenses in the 700 MHz Guard Band, Minimum Opening Bids and Other Procedural Issues, Public Notice, DA 00-781, 15 FCC Rcd 6124 (rel. April 10, 2000) (``Auction No. 33 Announcing Public Notice''). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2108. See 47 C.F.R. 1.202(d) note (1); see also ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). See 47 C.F.R. 1.2112(b). $ B PNG !R>^SS߿"Kker4 JdMOO
- http://wireless.fcc.gov/auctions/33/releases/da002154.doc http://wireless.fcc.gov/auctions/33/releases/da002154.pdf http://wireless.fcc.gov/auctions/33/releases/da002154.txt
- in Auction No. 33 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids, if applicable. If a winning bidder's upfront payment is not sufficient to meet both of these requirements, the winning bidder must deposit additional funds. See 47 C.F.R. 1.2107(b), 1.2104(g). The amount now due from each winning bidder, if any, is set out in the last column of Attachment B. Note that a payment and FCC Form 159 are necessary only if a winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down
- http://wireless.fcc.gov/auctions/33/releases/fc000090.doc http://wireless.fcc.gov/auctions/33/releases/fc000090.pdf http://wireless.fcc.gov/auctions/33/releases/fc000090.txt
- long as it can be shown that such aggregation or partitioning will not adversely affect public safety. To facilitate the Commission's compliance with its statutory obligation to deposit the proceeds from the auction of licenses in the 700 MHz bands by September 30, 2000, we delegate to the Wireless Telecommunications Bureau authority to suspend our payment deadlines in Sections 1.2107(b) and 1.2109(a) of the Commission's Rules and require that winning bidders on all licenses in the 30 megahertz spectrum block and the Guard Bands pay the full balance of their winning bids upon submission of their long-form applications pursuant to Section 1.2107(c) of our rules. Background The 746-806 MHz band has historically been used exclusively by television stations (Channels 60
- http://wireless.fcc.gov/auctions/34/releases/d002037f.doc http://wireless.fcc.gov/auctions/34/releases/d002037f.txt
- See 47 C.F.R. 1.65. An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on September 20, 2000, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in 47 C.F.R. 1.2104. See 47 C.F.R. 1.2107(c). Number of Forms To Be Filed. Filers applying for multiple licenses are not required to submit a separate application for each market if all filing requirements associated with the application are identical except for the market designator and market name. Under these circumstances, applicants may submit one FCC Form 601 Main Form and Schedule B. Frivolous Pleadings. The Commission reminds
- http://wireless.fcc.gov/auctions/34/releases/da001100.doc http://wireless.fcc.gov/auctions/34/releases/da001100.pdf http://wireless.fcc.gov/auctions/34/releases/da001100.txt
- listing withdrawn bid payments due. Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. 1.2104(g), as discussed in "Bid Removal and Bid Withdrawal," Part IV.B.6. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) Long-Form Application Within ten business days after release of the auction closing notice,
- http://wireless.fcc.gov/auctions/34/releases/da001639.doc http://wireless.fcc.gov/auctions/34/releases/da001639.pdf http://wireless.fcc.gov/auctions/34/releases/da001639.txt
- Issues," Public Notice, DA 00-1100 (rel. May 18, 2000) (``Auction No. 34 Announcing Public Notice'') for detailed remittance and upfront payment information. This and other documents are available on the FCC website at: http://www.fcc.gov/wtb/auctions. ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2108. See 47 C.F.R. 1.202(d) note (1); see also ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). See 47 C.F.R. 1.2112(b). $ B PNG !R>^SS߿"Kker4 JdMOO ,I TV5 0z̪
- http://wireless.fcc.gov/auctions/34/releases/da002037.doc http://wireless.fcc.gov/auctions/34/releases/da002037.pdf http://wireless.fcc.gov/auctions/34/releases/da002037.txt
- in Auction No. 34 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids, if applicable. If a winning bidder's upfront payment is not sufficient to meet both of these requirements, the winning bidder must deposit additional funds. See 47 C.F.R. 1.2107(b), 1.2104(g). The amount now due from each winning bidder, if any, is set out in the last column of Attachment B. Note that a payment and FCC Form 159 are necessary only if a winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down
- http://wireless.fcc.gov/auctions/35/releases/da002259.doc http://wireless.fcc.gov/auctions/35/releases/da002259.pdf http://wireless.fcc.gov/auctions/35/releases/da002259.txt
- Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable small and very small business bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. 1.2104(g), as discussed in ``Bid Removal and Bid Withdrawal,'' Part IV.B.6. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) Long-Form Application Within ten business days after release of the auction closing notice,
- http://wireless.fcc.gov/auctions/35/releases/da002614.doc http://wireless.fcc.gov/auctions/35/releases/da002614.pdf http://wireless.fcc.gov/auctions/35/releases/da002614.txt
- and F Block Broadband PCS Spectrum Auction Scheduled for December 12, 2000; Auction Notice and Filing Requirements for 422 Licenses in the C and F Block Broadband PCS Spectrum Auction; Minimum Opening Bids and Other Procedures Issues For Final Auction Inventory, Public Notice, DA 00-2259 (rel. October 5, 2000) (``Auction No. 35 Procedures Public Notice''). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109 (d). See Qualcomm Incorporated Petition for Declaratory Ruling Giving Effect to the Mandate of the District of Columbia Circuit Court of Appeals, Order, FCC 00-189 (rel. June 8, 2000). 47 C.F.R. 1.1208. See 47 C.F.R. 1.1200(a) note (1); see also ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process
- http://wireless.fcc.gov/auctions/35/releases/da002725.doc http://wireless.fcc.gov/auctions/35/releases/da002725.pdf http://wireless.fcc.gov/auctions/35/releases/da002725.txt
- Status of FCC Form 175 Applications to Participate in the Auction,'' Public Notice, DA 00-2614 (released October 5, 2000) (``Auction No. 35 Status Public Notice''). ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). See Auction No. 35 Procedures Public Notice at 4-5. See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109 (d). See 47 C.F.R. 1.2112(b). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov # A K [ # A K [ v v 0 +D +D +D`
- http://wireless.fcc.gov/auctions/35/releases/fc000299.doc http://wireless.fcc.gov/auctions/35/releases/fc000299.pdf http://wireless.fcc.gov/auctions/35/releases/fc000299.txt
- Report and Order, 11 FCC Rcd at 7858, para. 73. Id. Part 1 Third Report and Order, 13 FCC Rcd at 425, para. 86; see 47 C.F.R. 1.2106; see Competitive Bidding Second Report and Order, 9 FCC Rcd at 2378, para. 171. Part 1 Third Report and Order, 13 FCC Rcd at 427, para. 91; see 47 C.F.R. 1.2107. C Block Fourth Report and Order, 13 FCC Rcd at 15,761, para. 32; see 47 C.F.R. 24.711, 24.716. We note that the Balanced Budget Act of 1997 provides that "before the issuance of bidding rules," the Commission must provide adequate time for parties to comment on proposed auction procedures. Balanced Budget Act of 1997, Pub. L. 105-33, 3002(a)(1)(B)(iv),
- http://wireless.fcc.gov/auctions/35/releases/fc020099.pdf http://wireless.fcc.gov/auctions/35/releases/fc020099.txt
- licensed to NextWave and Urban Comm were subsequently included in Auction No. 35. Of the 35 winning bidders in Auction No. 35, 22 bidders won licenses for spectrum on which previous licenses had automatically cancelled. The net amount bid for those licenses in Auction No. 35 was approximately $16.3 billion. Shortly after the close of an auction, pursuant to Section 1.2107 of the Commission's rules, each winning bidder was required to have on deposit a down payment amount equal to twenty percent of its net winning bids.10 Accordingly, the Commission currently has on deposit from Auction No. 35 approximately $3.3 billion in down payments for licenses covering spectrum previously held by NextWave and Urban Comm. 3. After the conclusion of Auction
- http://wireless.fcc.gov/auctions/36/releases/d002752d.doc http://wireless.fcc.gov/auctions/36/releases/d002752d.txt
- An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on December 21, 2000September 20, 2000,, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in section 1.2104(g) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Filers applying for multiple licenses are not required to submit a separate application for each market if all filing requirements associated with the application are identical except for the market designator and market name. Under these circumstances, applicants may submit one FCC Form 601 Main Form and Schedule B. Applicants seeking a tribal land
- http://wireless.fcc.gov/auctions/36/releases/da001388.doc http://wireless.fcc.gov/auctions/36/releases/da001388.pdf http://wireless.fcc.gov/auctions/36/releases/da001388.txt
- withdrawn bid payments due. Within ten business days after release of the auction closing public notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. 1.2104(g), as discussed in "Bid Removal and Bid Withdrawal," Part IV.B.6. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) Long-Form Application Within ten business days after release of the auction closing public
- http://wireless.fcc.gov/auctions/36/releases/da002260.doc http://wireless.fcc.gov/auctions/36/releases/da002260.pdf http://wireless.fcc.gov/auctions/36/releases/da002260.txt
- (regarding legal questions); Linda Sanderson, Auctions Operations (regarding bidding and general filing status) at (717) 338-2888. FCC - See 47 C.F.R. 1.2106. See 47 C.F.R. 1.65. Id. See 47 C.F.R. 1.2106. See ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). See 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2105(c), and 1.2109(d). See 47 C.F.R. 1.2106. See 47 C.F.R. 1.204; see also ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). See 47 C.F.R. 1.2112(b). D E $ B
- http://wireless.fcc.gov/auctions/36/releases/da002752.doc http://wireless.fcc.gov/auctions/36/releases/da002752.pdf http://wireless.fcc.gov/auctions/36/releases/da002752.txt
- Auction No. 36 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids, if applicable. If a winning bidder's upfront payment is not sufficient to meet both of these requirements, the winning bidder must deposit additional funds. See 47 C.F.R. 1.2104(g), 1.2107(b). The amount now due from each winning bidder, if any, is set out in the last column of Attachment B. Note that a payment and FCC Form 159 are necessary only if a winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down payment
- http://wireless.fcc.gov/auctions/37/releases/da010119.doc http://wireless.fcc.gov/auctions/37/releases/da010119.txt
- payments due. Within ten business days after release of the auction closing public notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the United States Government to 20 percent of its net winning bid (actual bids less any applicable bidding credit). See 47 C.F.R. 1.2107(b) and 73.5003. In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. 1.2104(g), as discussed in ``Bid Removal and Bid Withdrawal,'' Part IV.B.6.supra. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) Long-Form Application Within thirty days following the release of the FM
- http://wireless.fcc.gov/auctions/37/releases/da010119e.pdf
- payments due. Within ten business days after release of the auction closing public notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the United States Government to 20 percent of its net winning bid (actual bids less any applicable bidding credit). See 47 C.F.R. 1.2107(b) and 73.5003. In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. 1.2104(g), as discussed in "Bid Removal and Bid Withdrawal," Part IV.B.6.supra. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) B. Long-Form Application Within thirty days following the release of the
- http://wireless.fcc.gov/auctions/38/releases/d010478d.doc http://wireless.fcc.gov/auctions/38/releases/d010478d.txt
- 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on March 8, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses are not required to submit a separate application for each market if all filing requirements associated with the application are identical except for the market designator and market name. Under these circumstances, applicants may submit one FCC Form 601 (including all required schedules, attachments, and exhibits). Applicants seeking tribal
- http://wireless.fcc.gov/auctions/38/releases/da002571.doc http://wireless.fcc.gov/auctions/38/releases/da002571.pdf http://wireless.fcc.gov/auctions/38/releases/da002571.txt
- bidders for each license. Within ten business days after release of the auction closing public notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable bidding credits). See 47 C.F.R. 1.2107(b). Long-Form Application Within ten business days after release of the auction closing public notice, winning bidders must file: (1) FCC Form 601 and all required exhibits electronically via the Universal Licensing System (``ULS''); and (2) FCC Form 602 manually pursuant to Section 1.919 of the Commission's Rules. Winning bidders may file a single application for all markets won at auction.
- http://wireless.fcc.gov/auctions/38/releases/da010138.doc http://wireless.fcc.gov/auctions/38/releases/da010138.pdf http://wireless.fcc.gov/auctions/38/releases/da010138.txt
- 11 FCC Rcd 9645 (1995). See Auction of Licenses for the 700 MHz Guard Bands Scheduled for February 13, 2001; Auction Notice and Filing Requirements for 8 Licenses in the 700 MHz Guard Bands; Minimum Opening Bids and Other Procedural Issues, Public Notice, DA 00-2571 (rel. November 14, 2000) (``Auction No. 38 Procedures Public Notice''). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109 (d). See Qualcomm Incorporated Petition for Declaratory Ruling Giving Effect to the Mandate of the District of Columbia Circuit Court of Appeals, Order, FCC 00-189 (rel. June 8, 2000). 47 C.F.R. 1.1208. See ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex
- http://wireless.fcc.gov/auctions/38/releases/da010258.doc http://wireless.fcc.gov/auctions/38/releases/da010258.pdf http://wireless.fcc.gov/auctions/38/releases/da010258.txt
- Status of FCC Form 175 Applications to Participate in the Auction,'' Public Notice, DA 01-138 (released January 19, 2001) (``Auction No. 38 Status Public Notice''). ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). See Auction No. 38 Procedures Public Notice at 6-7. See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. 1.2109 (d). See 47 C.F.R. 1.2112(b). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov v v v v 0 +D +D CJ +D` PNG > !R>^SS߿"Kker4 JdMOO ,I TV5 0z̪
- http://wireless.fcc.gov/auctions/38/releases/da010478.doc http://wireless.fcc.gov/auctions/38/releases/da010478.pdf http://wireless.fcc.gov/auctions/38/releases/da010478.txt
- 6:00 p.m. ET on March 8, 2001, winning bidders in Auction No. 38 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover down payments on winning bids for Auction No. 38. If a winning bidder's upfront payment is not sufficient to meet this requirement, the winning bidder must deposit additional funds. See 47 C.F.R. 1.2107(b). The amount now due from each winning bidder, if any, is set out in the last column of Attachment B. Note that a payment and FCC Form 159 are necessary only if a winning bidder's upfront payment does not cover the required total of down payments (as reflected in Attachment B). Each winning bidder's down payment must be a total
- http://wireless.fcc.gov/auctions/39/releases/d011443f1.doc http://wireless.fcc.gov/auctions/39/releases/d011443f1.txt
- 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on June 29, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses are not required to submit a separate application for each market if all filing requirements associated with the application are identical except for the market designator and market name. Under these circumstances, applicants may submit one FCC Form 601 (including all required schedules, attachments, and exhibits). Applicants seeking tribal
- http://wireless.fcc.gov/auctions/39/releases/d011443f2.doc http://wireless.fcc.gov/auctions/39/releases/d011443f2.txt
- 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on June 29, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An Applicant seeking tribal lands bidding credits in one or more, but not all markets, however, is encouraged
- http://wireless.fcc.gov/auctions/39/releases/da010746.doc http://wireless.fcc.gov/auctions/39/releases/da010746.pdf http://wireless.fcc.gov/auctions/39/releases/da010746.txt
- Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable small and very small business bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. 1.2104(g), as discussed in ``Bid Removal and Bid Withdrawal,'' Part IV.B.(6). (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) Long-Form Application Within ten business days after release of the auction closing notice,
- http://wireless.fcc.gov/auctions/39/releases/da011177.doc http://wireless.fcc.gov/auctions/39/releases/da011177.pdf http://wireless.fcc.gov/auctions/39/releases/da011177.txt
- and Monitoring Service Spectrum Auction Scheduled for June 6, 2001; Notice and Filing Requirements for 16 Licenses in the VHF Public Coast and 241 Licenses in the Location and Monitoring Service Auction; Minimum Opening Bids Upfront Payments and Other Procedural Issues, Public Notice, DA 01-746 (rel. March 26, 2001) (``Auction No. 39 Procedural Public Notice''). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. 1.2109 (d). See Qualcomm Incorporated Petition for Declaratory Ruling Giving Effect to the Mandate of the District of Columbia Circuit Court of Appeals, Order, FCC 00-189 (rel. June 8, 2000). See Letter from Kevin J. Kelley, Senior Vice President, Qualcomm, Inc., to Auctions Accounting Group, Federal Communications Commission (March 9, 2001). See Letter from James
- http://wireless.fcc.gov/auctions/39/releases/da011443.doc http://wireless.fcc.gov/auctions/39/releases/da011443.pdf http://wireless.fcc.gov/auctions/39/releases/da011443.txt
- After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2107(b), 1.2109. Licenses will be granted only after the full and timely payment of winning bids and any applicable late fees, in accordance with Section 1.2109(a). See 47 C.F.R. 1.2109(a). Method of Payment. All payments must be in U.S. dollars and made in the form of a wire transfer. No personal checks, credit card payments, or other forms of payment will
- http://wireless.fcc.gov/auctions/40/releases/da010850.doc http://wireless.fcc.gov/auctions/40/releases/da010850.pdf http://wireless.fcc.gov/auctions/40/releases/da010850.txt
- bid payments due. Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable small business bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any bid withdrawal payments due under 47 C.F.R. 1.2104(g), as discussed in ``Bid Removal and Bid Withdrawal,'' Part IV.B.6. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) Long-Form Application Within ten business days after release of the auction closing notice,
- http://wireless.fcc.gov/auctions/40/releases/da012262.pdf http://wireless.fcc.gov/auctions/40/releases/da012262.txt
- in Section 1.120815 of the Commission's rules.16 Mock Auction: All applicants found to be qualified bidders will be eligible to participate in a mock auction on Thursday, October 25, 2001. Internet bidding is a new concept in our auctions program, and we encourage all qualified bidders to take advantage of this mock auction. In the 10See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 11 47 C.F.R. 1.2109 (d). 12 See Qualcomm Incorporated Petition for Declaratory Ruling Giving Effect to the Mandate of the District of Columbia Circuit Court of Appeals, Order, FCC 00-189 (rel. June 8, 2000). 13 See Supplement to Public Notice Released August 22, 2001 By Wireless Telecommunications Bureau Announcing It Is Prepared to Grant Four C and F
- http://wireless.fcc.gov/auctions/40/releases/da012418.pdf http://wireless.fcc.gov/auctions/40/releases/da012418.txt
- and Attachment G, 16 FCC Rcd at 7664-66 and 7750-52; see also Wireless Telecommunications Bureau Staff Provide Guidance on Completing the Short-Form Application (FCC Form 175) for Auction No. 40, Auction of Licenses for Lower and Upper Paging Bands, Public Notice, DA 01-2122 (rel. Sept. 10, 2001) ("Auction No. 40 Guidance Public Notice") at 2-3. 9 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 10 47 C.F.R. 1.2109 (d). 11 47 C.F.R. 1.2112(b)(2). 7 incorrect bandwidth designations. For example, block EA licenses may have been displayed with a bandwidth designation of 152.00 MHz rather than 158.00 MHz. Please be advised that all other license information displayed was correct. Furthermore, the display of an incorrect bandwidth designation in a search result had
- http://wireless.fcc.gov/auctions/40/releases/da012858.pdf http://wireless.fcc.gov/auctions/40/releases/da012858.txt
- After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2107(b), 1.2109. Licenses will be granted only after the full and timely payment of winning bids and any applicable late fees, in accordance with Section 1.2109(a). See 47 C.F.R. 1.2109(a). C. Method of Payment All payments must be in U.S. dollars and made in the form of a wire transfer. No personal checks, credit card payments, or other forms of payment
- http://wireless.fcc.gov/auctions/40/releases/da012858E.pdf http://wireless.fcc.gov/auctions/40/releases/da012858E.txt
- 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on December 27, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An applicant seeking tribal lands bidding credits in one or more, but not all markets, however, is encouraged
- http://wireless.fcc.gov/auctions/41/releases/da011592.doc http://wireless.fcc.gov/auctions/41/releases/da011592.pdf http://wireless.fcc.gov/auctions/41/releases/da011592.txt
- Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable small and very small business bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any bid withdrawal payments due under 47 C.F.R. 1.2104(g), as discussed in ``Bid Removal and Bid Withdrawal,'' Part IV.B.6. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) Long-Form Application Within ten business days after release of the auction closing notice,
- http://wireless.fcc.gov/auctions/41/releases/da012052.doc http://wireless.fcc.gov/auctions/41/releases/da012052.pdf http://wireless.fcc.gov/auctions/41/releases/da012052.txt
- Spectrum Auction Scheduled for October 3, 2001; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedural Issues, Public Notice, DA 01-1592 (rel. July 9, 2001), (``Auction No. 41 Procedures Public Notice''). ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109 (d). See Qualcomm Incorporated Petition for Declaratory Ruling Giving Effect to the Mandate of the District of Columbia Circuit Court of Appeals, Order, FCC 00-189 (rel. June 8, 2000). See Supplement to Public Notice Released August 22, 2001 By Wireless Telecommunications Bureau Announcing It Is Prepared To Grant Four C and F Block Broadband Personal
- http://wireless.fcc.gov/auctions/41/releases/da012201.doc http://wireless.fcc.gov/auctions/41/releases/da012201.pdf http://wireless.fcc.gov/auctions/41/releases/da012201.txt
- 41, see Auction No. 41 Procedures Public Notice, Attachment A. 47 C.F.R 1.65. 47 C.F.R. 1.2105(b). Id. Auction No. 41 Procedures Public Notice at 5-7. ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). Auction No. 41 Procedures Public Notice at 4-5. 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109 (d). 47 C.F.R. 1.2112(b). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov ... ... v +D +D CJ +D` PNG > !R>^SS߿"Kker4 JdMOO ,I TV5 0z̪ %o
- http://wireless.fcc.gov/auctions/41/releases/da012429.pdf http://wireless.fcc.gov/auctions/41/releases/da012429.txt
- After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2107(b), 1.2109. Licenses will be granted only after the full and timely payment of winning bids and any applicable late fees, in accordance with Section 1.2109(a). See 47 C.F.R. 1.2109(a). C. Method of Payment. All payments must be in U.S. dollars and made in the form of a wire transfer. No personal checks, credit card payments, or other forms of payment
- http://wireless.fcc.gov/auctions/41/releases/da012429D.pdf http://wireless.fcc.gov/auctions/41/releases/da012429D.txt
- 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on November 1, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An Applicant seeking tribal lands bidding credits in one or more, but not all markets, however, is encouraged
- http://wireless.fcc.gov/auctions/42/releases/da012349.pdf http://wireless.fcc.gov/auctions/42/releases/da012349.txt
- communication occurs. Amendment of Part 1 of the Commission's Rules Competitive Bidding Procedures, Seventh Report and Order, FCC 00-1270, at 10 (rel. Sept. 27, 2001). This rule takes effect upon the later of 30 days after publication in the Federal Register or approval by the Office of Management and Budget. Id. at 11. 14 See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 15 47 C.F.R. 1.2109 (d). 16 See Qualcomm Incorporated Petition for Declaratory Ruling Giving Effect to the Mandate of the District of Columbia Circuit Court of Appeals, Order, 16 FCC Rcd 4042 (2000). 5 ADV may be used by Qualcomm or its transferee, in whole or in part, to adjust a winning bid in any spectrum auction prior
- http://wireless.fcc.gov/auctions/42/releases/da012507.pdf http://wireless.fcc.gov/auctions/42/releases/da012507.txt
- this Public Notice, please contact Barbara Sibert, Auctions Project Manager at (717) 338-2888, Lyle Ishida, Auctions Analyst, or Francis Gutierrez, Auctions Attorney, at (202) 418-0660. Technical questions about software or hardware should be directed to Technical Support at (202) 414-1250. - FCC - 12 Auction No. 42 Procedures Public Notice at 4-5 and Attachment I. 13 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 14 47 C.F.R. 1.2109 (d). 15 47 C.F.R. 1.2112(b)(2). (Sorted by Applicant) Date of Report: 10/30/2001 10/30/2001 The following Applicants have been found 'Qualified' : FCC Multiple Address Systems Auction Qualified Bidders - Public Notice Qualified Bidders - Public Notice 42 Upfront Payment Maximum Eligibility FCC Account #Name (Bid - Units) ATTACHMENT A Auction ID: 0420830063 Chicago
- http://wireless.fcc.gov/auctions/42/releases/da012763.pdf http://wireless.fcc.gov/auctions/42/releases/da012763.txt
- with this Public Notice to facilitate submission of the correct down payment. Questions regarding FCC Form 159 should be addressed to Tim Dates or Gail Glasser at 202- 418-1995. Please note, however, that winning bidders are ultimately responsible for insuring the verification and submission of the correct down payment from their bank to Mellon Bank. 1 47 C.F.R. 1.2104(g), 1.2107(b). In the event a bidder has withdrawn a bid(s) and is subject to a bid withdrawal payment(s), the bidder's upfront payment will be first applied to satisfy the withdrawal payment(s) before being applied toward its down payment. 2 47 C.F.R. 1.2108. 3 47 C.F.R. 1.2107(b) and 1.2109. 4 47 C.F.R. 1.2109(a). 5 Copies of the FCC Form 159
- http://wireless.fcc.gov/auctions/42/releases/da012763d.pdf http://wireless.fcc.gov/auctions/42/releases/da012763d.txt
- 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on December 14, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104 of the Commission's Rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An applicant seeking tribal lands bidding credits in one or more, but not all markets, however, is encouraged
- http://wireless.fcc.gov/auctions/42/releases/fc990415.doc http://wireless.fcc.gov/auctions/42/releases/fc990415.pdf http://wireless.fcc.gov/auctions/42/releases/fc990415.txt
- Appendix F of this Report and Order, filed in conjunction with applications for the 928/952/956 MHz bands between July 1, 1999 and the release date of this Report and Order, are dismissed as moot, and any associated applications are dismissed without prejudice. See supra at note 12. See 47 C.F.R. 1.2105 (``Bidding application and certification procedures; prohibition of collusion''), 1.2107 (``Submission of down payment and filing of long-form applications''), 1.2109 (``License grant, denial, default, and disqualification''). See, e.g., Maritime Third Report and Order, 13 FCC Rcd at 19889; 800 MHz Second Report and Order, 12 FCC Rcd at 19096; Amendment of the Commission's Rules Regarding the 37.0 - 38.6 GHz and 38.6 - 40.0 GHz Bands, ET Docket No. 95-183,
- http://wireless.fcc.gov/auctions/43/releases/da012315.pdf http://wireless.fcc.gov/auctions/43/releases/da012315.txt
- Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable small and very small business bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any bid withdrawal payments due under 47 C.F.R. 1.2104(g), as discussed in "Bid Removal and Bid Withdrawal," Part IV.B.6. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) B. Long-Form Application Within ten business days after release of the auction closing
- http://wireless.fcc.gov/auctions/43/releases/da012902.pdf http://wireless.fcc.gov/auctions/43/releases/da012902.txt
- in writing to the Commission immediately, but in no case later than five business days after the communication occurs. Amendment of Part 1 of the Commission's Rules Competitive Bidding Procedures, Seventh Report and Order, FCC 00-1270, at 10 (rel. Sept. 27, 2001). 11 Auction No. 43 Procedures Public Notice at 5-6 and Attachment H. 12 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 7 subject to the antitrust laws, which are designed to prevent anti-competitive behavior in the marketplace. If a bidder is found to have violated the antitrust laws in connection with its participation in the competitive bidding process, it may be subject to forfeiture of its upfront payment, down payment, or full bid amount and may be prohibited from
- http://wireless.fcc.gov/auctions/43/releases/da020157.pdf http://wireless.fcc.gov/auctions/43/releases/da020157.txt
- After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2107(b), 1.2109. Licenses will be granted only after the full and timely payment of winning bids and any applicable late fees, in accordance with Section 1.2109(a). See 47 C.F.R. 1.2109(a). C. Method of Payment All payments must be in U.S. dollars and made in the form of a wire transfer. No personal checks, credit card payments, or other forms of payment
- http://wireless.fcc.gov/auctions/43/releases/da020157e.pdf http://wireless.fcc.gov/auctions/43/releases/da020157e.txt
- 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on February 5, 2002, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An applicant seeking tribal lands bidding credits in one or more, but not all markets, however, is encouraged
- http://wireless.fcc.gov/auctions/44/releases/da020563.pdf http://wireless.fcc.gov/auctions/44/releases/da020563.txt
- ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable small, very small business or entrepreneur bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any bid withdrawal payments due under 47 C.F.R. 1.2104(g), as discussed in "Bid Removal and Bid Withdrawal," Part IV.B.6. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) B. Auction Discount Voucher On June 8, 2000, the Commission awarded Qualcomm, Inc.
- http://wireless.fcc.gov/auctions/44/releases/da021346.pdf http://wireless.fcc.gov/auctions/44/releases/da021346.txt
- in writing to the Commission immediately, but in no case later than five business days after the communication occurs. Amendment of Part 1 of the Commission's Rules Competitive Bidding Procedures, Seventh Report and Order, 16 FCC Rcd 17546, 17555, 17 (2001). 13 Auction No. 44 Procedures Public Notice at 7-8 and Attachment G. 14 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 15 47 C.F.R. 1.2109(d). 16 47 C.F.R. 1.2112(b)(2). 8 For additional information regarding this Public Notice, please contact Linda Sanderson, Auctions Project Manager at (717) 338-2888, Lyle Ishida, Auctions Analyst, or Howard Davenport, Auctions Attorney, at (202) 418-0660. Technical questions about software or hardware should be directed to Technical Support at (202) 414- 1250 (V) or (202)
- http://wireless.fcc.gov/auctions/44/releases/fc010364.pdf http://wireless.fcc.gov/auctions/44/releases/fc010364.txt
- of license ownership and summarizing major findings of market barrier studies). 524See Part 1 Fifth Report and Order, 15 FCC Rcd at 15319-20 49. Any such race- or gender-based provisions must be consistent with constitutional standards. See Adarand Constructors, Inc. v. Pea, 515 U.S. 200 (1995); United States v. Virginia, 518 U.S. 515 (1996). 525 See 47 C.F.R. 1.2107(c). 526 See 47 U.S.C. 309(b)-(d); 47 C.F.R. 1.2107(b)-(c). 527 See 47 C.F.R. 1.2107(b). 528 Notice, 16 FCC Rcd at 7330 124. 529 Id. See also 47 C.F.R. 1.2108(c) (long-form applications shall not be granted earlier than seven days following issuance of acceptance public notice). 530 Id. 1.2108(b)-(c). Federal Communications Commission FCC 01-364 73 has
- http://wireless.fcc.gov/auctions/45/releases/da020470.pdf http://wireless.fcc.gov/auctions/45/releases/da020470.txt
- ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable entrepreneur, small, and very small business bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any bid withdrawal payments due under 47 C.F.R. 1.2104(g), as discussed in "Bid Removal and Bid Withdrawal," Part IV.B.6. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) B. Long-Form Application Within ten business days after release of the auction closing
- http://wireless.fcc.gov/auctions/45/releases/da020965.pdf http://wireless.fcc.gov/auctions/45/releases/da020965.txt
- The Commission amended Section 1.2105 to require auction applicants to report prohibited communications in writing to the Commission immediately, but in no case later than five business days after the communication occurs. Amendment of Part 1 of the Commission's Rules--Competitive Bidding Procedures, Seventh Report and Order, 16 FCC Rcd 17546, 17555, 17 (2001). 12 See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 13 47 C.F.R. 1.2109(d). 5 Auction Discount Voucher: On June 8, 2000, the Commission awarded Qualcomm, Inc. a transferable Auction Discount Voucher ("ADV") in the amount of $125,273,878.00.14 This ADV may be used by Qualcomm or its transferee, in whole or in part, to adjust a winning bid in any spectrum auction prior to June 8, 2003,
- http://wireless.fcc.gov/auctions/45/releases/da021147.pdf http://wireless.fcc.gov/auctions/45/releases/da021147.txt
- in writing to the Commission immediately, but in no case later than five business days after the communication occurs. Amendment of Part 1 of the Commission's Rules Competitive Bidding Procedures, Seventh Report and Order, 16 FCC Rcd 17546, 17555, 17 (2001). 11 Auction No. 45 Procedures Public Notice at 3-4 and Attachment G. 12 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 13 47 C.F.R. 1.2109(d). 14 47 C.F.R. 1.2112(b)(2). (Sorted by Applicant) Date of Report: 5/14/02 5/14/02 The following Applicants have been found 'Qualified' : FCC Cellular RSA Auction Qualified Bidders - Public Notice Qualified Bidders - Public Notice 45 Upfront Payment Maximum Eligibility FCC Account #Name (Bid - Units) ATTACHMENT A Auction ID: 0451629517 CCPR Services, Inc.
- http://wireless.fcc.gov/auctions/45/releases/da021316.pdf http://wireless.fcc.gov/auctions/45/releases/da021316.txt
- winning bidders are ultimately responsible for insuring the verification and submission of the correct down payment from their bank to Mellon Bank. Wire transfers for down payments must be received by Mellon Bank by 6:00 p.m. ET, on June 20, 2002. Winning bidders should coordinate with their bankers ahead of time regarding their wire transfers, 1 47 C.F.R. 1.2104(g), 1.2107(b). In the event a bidder has withdrawn a bid(s) and is subject to a bid withdrawal payment(s), the bidder's upfront payment will be first applied to satisfy the withdrawal payment(s) before being applied toward its down payment. 47 C.F.R. 1.2104(g)(1). 2 47 C.F.R. 1.2108. 3 47 C.F.R. 1.2107(b), 1.2109. 4 47 C.F.R. 1.2109(a). 5 Copies of
- http://wireless.fcc.gov/auctions/45/releases/da021316c.pdf http://wireless.fcc.gov/auctions/45/releases/da021316c.txt
- 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on June 20, 2002, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Section 1.2104(g) of the Commission's Rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number of Forms To Be Filed. Applicants applying for multiple licenses may submit one FCC Form 601 (including all required schedules, attachments, and exhibits) if all filing requirements associated with the application are identical except for the market designator(s) and market name(s). An applicant seeking tribal lands bidding credits in one or more, but not all markets, however, is encouraged
- http://wireless.fcc.gov/auctions/45/releases/fc020009.pdf http://wireless.fcc.gov/auctions/45/releases/fc020009.txt
- of the Small Business Administration, the Commission establishes small business definitions for purposes of its auctions on a service-specific basis. See 47 C.F.R. 1.2110(c)(1); 15 U.S.C. 632(c)(2)(c); 13 C.F.R. 121.902(b). Statistics for broadcast license auctions are not available, and would be less relevant to the licenses at issue here. 131 47 C.F.R. 1.2105(a). 132 Id. 1.2107(c). 133 FCC Form 175, OMB Control No. 3060-0600 (effective until Apr. 30, 2004); FCC Form 601, OMB Control No. 3060-0798 (effective until Mar. 31, 2002). 134 47 C.F.R. 1.2110(f)(3). Federal Communications Commission FCC 02-9 C-5 E. Steps Taken To Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered: The RFA requires an agency to describe any significant
- http://wireless.fcc.gov/auctions/46/releases/da021871.pdf http://wireless.fcc.gov/auctions/46/releases/da021871.txt
- Within ten business days after release of the auction closing notice, the winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bid (actual bid less any applicable small or very small business bidding credit). See 47 C.F.R. 1.2107(b). B. Auction Discount Voucher On June 8, 2000, the Commission awarded Qualcomm, Inc. a transferable Auction Discount Voucher 28 ("ADV") in the amount of $125,273,878.00.84 This ADV may be used by Qualcomm or its transferee, in whole or in part, to adjust a winning bid in any spectrum auction prior to June 8, 2003, subject to terms and conditions set
- http://wireless.fcc.gov/auctions/46/releases/fc020015.pdf http://wireless.fcc.gov/auctions/46/releases/fc020015.txt
- costs and build-out expenses. We also propose the use of bidding credits for small entities that participate in auctions of licenses that are conducted pursuant to the rules proposed in this Notice. Thus, for the paired 1392-1395 MHz and 1432-1435 MHz bands and the unpaired 1390-1392 MHz, 1670-1675 MHz, and 2385-2390 26 47 C.F.R. 1.913(a)(1). 27 47 C.F.R. 1.2107. 28 47 C.F.R. 1.1307. 29 See, e.g., 47 C.F.R. 1.928 (regarding frequency coordination arrangements between the U.S. and Canada). 30 47 C.F.R. 1.924. 31 We discuss FAS coordination in the section describing coordination with Government incumbents. See supra Section III.E.3. 32 See 5 U.S.C. 603(c). 33 See supra Section III.B.5 34 See supra Section III.A.3. Federal
- http://wireless.fcc.gov/auctions/46/releases/fc020152.pdf http://wireless.fcc.gov/auctions/46/releases/fc020152.txt
- (FAS) of the Interdepartment Radio Advisory Committee (IRAC).671 Steps Taken to Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered: 660 Id. 661 13 C.F.R. 121.201, NAICS Codes 623110, 623210, 623220, 623311, 623312, 623990. 662 1997 Health Care Data. 663 Id. 664 Id. 665 47 C.F.R. 1.2105. 666 47 C.F.R. 1.913(a)(1). 667 47 C.F.R. 1.2107. 668 47 C.F.R. 1.1307. 669 See, e.g., 47 C.F.R. 1.928 (regarding frequency coordination arrangements between the U.S. and Canada). 670 47 C.F.R. 1.924. 671 We discuss FAS coordination in the section describing coordination with Government incumbents. See supra Section IV.E.2. Federal Communications Commission FCC 02-152 88 14. The RFA requires an agency to describe any significant alternatives
- http://wireless.fcc.gov/auctions/58/resources/ErinMcGrath.pdf
- million in the last three years. Form 601 Agreements All applicants must provide a detailed explanation of the terms and conditions and parties involved in any bidding consortia, joint ventures, partnerships or other agreements or arrangements into which the applicant has entered relating to the competitive bidding process prior to the time the bidding was completed. See 47 C.F.R. 1.2107(d). Form 601 Agreements Designated Entity/Closed Bidding Applicants must list and summarize all agreements that support the applicant's designated entity and closed bidding eligibility, including the establishment of de factoand de jurecontrol. See47 C.F.R. 24.709(c)(2)(ii), 1.2112(b)(2)(i). Form 601 Agreements Designated Entity/Closed Bidding Such agreements and instruments include, but are not limited to: (1) Articles of incorporation and bylaws, (2)Shareholder agreements,
- http://wireless.fcc.gov/auctions/64/resources/Auc_64_08_Payment_Filing%20revA.pdf
- Fees can be paid electronically using the Fees can be paid electronically using the CDBS. CDBS. 1/9/2006 1/9/2006 Required exhibits Required exhibits Section 73.5005(a) of the Commission Section 73.5005(a) of the Commission''s rules requires that post auction s rules requires that post auction long long--form applications include the exhibits mandated by: Section form applications include the exhibits mandated by: Section 1.2107(d) (providing a detailed explanation of the terms, condit 1.2107(d) (providing a detailed explanation of the terms, conditions, ions, and parties involved in any bidding consortium, joint venture, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement the applicant had partnership, or other agreement or arrangement the applicant had entered into relating to the competitive
- http://wireless.fcc.gov/auctions/66/resources/LicensingMatters.pdf
- payments due due Final payments due Final payments due Bidding Credits Bidding Credits Designated entity bidding credits Designated entity bidding credits Available to small businesses & very small Available to small businesses & very small businesses businesses See section 1.2110 of Commission See section 1.2110 of Commission''s rules s rules Tribal lands bidding credits Tribal lands bidding credits See sections 1.2107(e) & 1.2110(f) of See sections 1.2107(e) & 1.2110(f) of Commission Commission''s rules s rules Relocation & Protection of Relocation & Protection of Incumbents Incumbents Non Non--Government incumbents in 2110 Government incumbents in 2110-- 2155 MHz band 2155 MHz band See See http://wireless.fcc.gov/uls http://wireless.fcc.gov/uls Reimbursement by new AWS licensees Reimbursement by new AWS licensees Incumbents protected until relocated Incumbents protected until
- http://wireless.fcc.gov/auctions/69/resources/LicensingMatters.pdf
- entity bidding credits available to: Designated entity bidding credits available to: small businesses small businesses --between $15 between $15 --$40 million $40 million very small businesses very small businesses --$15 million or less $15 million or less See section 1.2110 of Commission See section 1.2110 of Commission''s rules s rules Tribal lands bidding credits Tribal lands bidding credits See sections 1.2107(e) & 1.2110(f) of See sections 1.2107(e) & 1.2110(f) of Commission Commission''s rules s rules Due Diligence Due Diligence Applicant responsibility Applicant responsibility. Applicants should . Applicants should perform their individual due diligence before perform their individual due diligence before proceeding as they would with any new proceeding as they would with any new business venture. Applicants are solely business venture.
- http://wireless.fcc.gov/auctions/72/resources/LicensingMatters.pdf
- that do not with gross revenues that do not exceed $3 million, receive 35% discount on winning bid exceed $3 million, receive 35% discount on winning bid See section 1.2110 of Commission See section 1.2110 of Commission''s rules s rules Unjust Enrichment Unjust Enrichment see section 1.2111 see section 1.2111 Tribal lands bidding credit Tribal lands bidding credit See sections 1.2107(e) & 1.2110(f) of Commission See sections 1.2107(e) & 1.2110(f) of Commission''s rules s rules More on these credits in later slides More on these credits in later slides Due Diligence Due Diligence Applicant responsibility Applicant responsibility. Applicants should . Applicants should perform their individual due diligence before perform their individual due diligence before proceeding as they would with any new
- http://wireless.fcc.gov/auctions/73/resources/175Presentation.pdf
- consortium member must be a separate, distinct and independent legal entity. Consortium may file one short-form application. Consortium should obtain a separate FRN number. Note that, if the consortium is a winning bidder, the individual members of the consortium, or a new legal entity comprising two or more members of the consortium, will need to file separatelong-form applications. 47 C.F.R. 1.2107(g). Foreign Ownership Section 310 of the Communications Act governs ownership of licenses by foreign interests or entities. Section 310(a) prohibits grant of an FCC license to any foreign government or one of its representatives. Section 310(b) restricts ownership of licenses by: (1) Any alien or the representative of any alien; (2) Any corporation organized under the laws of any foreign
- http://wireless.fcc.gov/auctions/78/resources/175Presentation.pdf
- must be a separate, distinct and independent legal entity. The consortium may file one short-form application. The consortium should obtain a separate FRN number. Note that, if the consortium is a winning bidder, the individual members of the consortium, or a new legal entity comprising two or more members of the consortium, will need to file separatelong-form applications. 47 C.F.R. 1.2107(g). Foreign Ownership Section 310 of the Communications Act governs ownership of licenses by foreign interests or entities. Section 310(a) prohibits grant of an FCC license to any foreign government or one of its representatives. Section 310(b) restricts ownership of licenses by: (1) Any alien or the representative of any alien; (2) Any corporation organized under the laws of any foreign
- http://wireless.fcc.gov/auctions/78/resources/DueDiligence.pdf
- requirement & license renewal renewal Other requirements Other requirements Bidding Credits Bidding Credits Designated entity bidding credits Designated entity bidding credits Available to small businesses & very small Available to small businesses & very small businesses businesses See section 1.2110 of Commission See section 1.2110 of Commission''s rules s rules Tribal lands bidding credits Tribal lands bidding credits See sections 1.2107(e) & 1.2110(f) of See sections 1.2107(e) & 1.2110(f) of Commission Commission''s rules s rules Post Post--Auction Process Overview Auction Process Overview Bidding ends Bidding ends FCC releases auction closing notice FCC releases auction closing notice 10 business days after auction closing 10 business days after auction closing notice notice Long Long--form applications & down form applications & down payments due
- http://wireless.fcc.gov/auctions/80/releases/da000594.doc http://wireless.fcc.gov/auctions/80/releases/da000594.pdf http://wireless.fcc.gov/auctions/80/releases/da000594.txt
- (``Blanco Auction Public Notice''); window extended per Public Notice, DA 00-135, released January 27, 2000. See 47 C.F.R. 1.65 See ``Wireless Telecommunications Bureau clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). Section 73.5005(a) of the Commission's rules requires that post-auction filings include the exhibits required by 47 C.F.R. Section 1.2107(d) (concerning any bidding consortia, joint bidding arrangements or other agreements relating to the competitive bidding process); Section 1.2110(i) (concerning designated entity status, if applicable); and Section 1.2112(a) & (b) (concerning disclosure of ownership and real party in interest information.) See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. 1.1202(d) note (1); see also "Commission Announces that Mutually
- http://wireless.fcc.gov/auctions/80/releases/da000863.doc http://wireless.fcc.gov/auctions/80/releases/da000863.pdf http://wireless.fcc.gov/auctions/80/releases/da000863.txt
- 99-2824, released December 17, 1999 (``Blanco Auction Public Notice''); window extended per Public Notice, DA 00-135, released January 27, 2000. See ``Wireless Telecommunications Bureau clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). Section 73.5005(a) of the Commission's rules requires that post-auction filings include the exhibits required by 47 C.F.R. Section 1.2107(d) (concerning any bidding consortia, joint bidding arrangements or other agreements relating to the competitive bidding process); Section 1.2110(i) (concerning designated entity status, if applicable); and Section 1.2112(a) and (b) (concerning disclosure of ownership and real party in interest information.) See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. 1.1202(d) note (1); see also "Commission Announces that Mutually
- http://wireless.fcc.gov/auctions/80/releases/da001226.doc http://wireless.fcc.gov/auctions/80/releases/da001226.pdf http://wireless.fcc.gov/auctions/80/releases/da001226.txt
- construction permit. Within ten business days after release of the auction closing public notice, the winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the United States Government to 20 percent of its net winning bid (actual bid less any applicable bidding credit). See 47 C.F.R. 1.2107(b). Long-Form Application Within ten business days after release of the auction closing public notice, the winning bidder must electronically submit a properly completed long-form application and required exhibits for the construction permit won through the auction. If the winning bidder is claiming new entrant status it must include an exhibit demonstrating their eligibility for the bidding credit. See 47 C.F.R.
- http://wireless.fcc.gov/auctions/80/releases/da001593.doc http://wireless.fcc.gov/auctions/80/releases/da001593.pdf http://wireless.fcc.gov/auctions/80/releases/da001593.txt
- this case by 6:00 p.m. ET on August 1, 2000, the winning bidder in Auction No. 80 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover the down payment on its winning bid. If the bidder's upfront payment is not sufficient to meet this requirement, the bidder must deposit additional funds. See 47 C.F.R. 1.2107(b), 1.2104(g). The amount now due from the bidder is set out in the last column of Attachment B. The bidder's down payment must be a total of twenty (20) percent of its net winning bid. Final payment. After the termination of the pleading cycle for petitions to deny (see 47 C.F.R. 73.5006), the Commission will issue a public notice
- http://wireless.fcc.gov/auctions/82/releases/da020004.pdf http://wireless.fcc.gov/auctions/82/releases/da020004.txt
- to the Commission immediately, but in no case later than five business days after the communication occurs. Amendment of Part 1 of the Commission's Rules Competitive Bidding Procedures, Seventh Report and Order, FCC 00-1270, at 10 (rel. Sept. 27, 2001). 14 Section 73.5005(a) of the Commission's rules requires that post-auction filings include the exhibits required by 47 C.F.R. Section 1.2107(d) (concerning any bidding consortia, joint bidding arrangements or other agreements relating to the competitive bidding process); Section 1.2110(i) (concerning designated entity status, if applicable); and Section 1.2112(a) and (b) (concerning disclosure of ownership and real party in interest information.) 15 See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 5 antitrust laws in connection with its participation in the competitive bidding
- http://wireless.fcc.gov/auctions/82/releases/da020355.pdf http://wireless.fcc.gov/auctions/82/releases/da020355.txt
- auction about bids, bidding strategies, or settlements. As explained more fully in the Auction No. 82 Procedures Public Notice,11 this prohibition began with the filing of short-form applications and ends on the down payment due date, or March 4, 2002.12 The prohibition ends on the down payment due date whether or not a high bidder must 8 47 C.F.R. 1.2107(c). 9 Pub. L. 105-33, 111 Stat. 251 (1997). 10 See Commission Taking Tough Measures Against Frivolous Pleadings, Public Notice, 11 FCC Rcd 3030 (1996). 11 See Auction No. 82 Construction Permits for New Analog Television Stations Scheduled for February 5, 2002; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedural Issues, Public Notice, DA 01-2882 (rel. December
- http://wireless.fcc.gov/auctions/82/releases/da02155.pdf http://wireless.fcc.gov/auctions/82/releases/da02155.txt
- in writing to the Commission immediately, but in no case later than five business days after the communication occurs. Amendment of Part 1 of the Commission's Rules Competitive Bidding Procedures, Seventh Report and Order, FCC 00-1270, at 10 (rel. Sept. 27, 2001). 11 Auction No. 82 Procedures Public Notice at 4-5 and Attachment E. 12 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 13 47 C.F.R. 1.2109(d). 14 See 47 C.F.R. 73.5007; 73.5008; 73.3555. (Sorted by Applicant) Date of Report: 01/16/2002 01/16/2002 The following Applicants have been found 'Qualified' : FCC New Analog Television Stations Auction Qualified Bidders - Public Notice Qualified Bidders - Public Notice 82 Upfront Payment Maximum Eligibility FCC Account #Name (Bid - Units) ATTACHMENT A Auction
- http://wireless.fcc.gov/auctions/85/bidding/Post-AuctionProcedures.pdf
- registration system (CORES) URL: https://svartifoss2.fcc.gov/coresWeb/publicHome.do continued CDBS CDBS HELP DESK: 202-418-2662 EMAIL: cdbshelp@fcc.gov If you need help to fill out the form call Video Division at 202-418-1600. FEES There is no application filing fee for these minor change proposals. Required Exhibits Section 73.5005(a) of the Commission's rules requires that post auction long-form applications in clude the exhibits mandated by: Section 1.2107(d) (providing a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement the applicant had entered into relating to the competitive bidding process); Section 1.2110(j) (requiring an applicant claiming designated entity status to describe how it satisfies the eligibility requirements for such designated entity status, and to list and
- http://wireless.fcc.gov/auctions/anticollusion/releases/da972324.pdf http://wireless.fcc.gov/auctions/anticollusion/releases/da972324.txt http://wireless.fcc.gov/auctions/anticollusion/releases/da972324.wp
- 47 U.S.C. 154(i), and Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, the Petition for Reconsideration filed on September 23, 1997, by Mercury PCS II, LLC, IS GRANTED TO THE EXTENT INDICATED HEREIN. 25. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and Sections 1.2107, 1.2109, 24.708, and 24.716 of the Commission's rules, 47 C.F.R. 1.2107, 1.2109, 24.708, and 24.716, the nine remaining applications of Mercury PCS II, LLC, set forth in Appendix B ARE HEREBY GRANTED. Grant of each license set forth in Appendix B is expressly conditioned on Mercury's submission of the required payment for each license, as set forth in the
- http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=35
- Tribal Land Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a telephone service penetration rate equal to or below 70 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. sections 1.2107 and 1.2110(e). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal land bidding credit after winning the auction when it files its long-form application (FCC Form 601). In
- http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=36
- both. Tribal Land Bidding Credit A winning bidder that intendes to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a telephone service penetration rate equal to or below 70 percent was eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. 1.2107 and 1.2110(e). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal land bidding credit after winning the auction when it files its long-form application (FCC Form 601). In
- http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=40
- both. Tribal Land Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a telephone service penetration rate equal to or below 70 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. 1.2107 and 1.2110(e). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal land bidding credit after winning the auction when it files its long-form application (FCC Form 601). In
- http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=41
- grant. Tribal Land Bidding Credits A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a telephone service penetration rate equal to or below 70 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. 1.2107 and 1.2110(f). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal land bidding credit after winning the auction when it files its long-form application (FCC Form 601). In
- http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=42
- not both. Tribal Land Credits A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a telephone service penetration rate equal to or below 70 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. 1.2107 and 1.2110(f). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal land bidding credit after winning the auction when it files its long-form application (FCC Form 601). In
- http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=43
- both. Tribal Land Bidding Credits A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a telephone service penetration rate equal to or below 70 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. 1.2107 and 1.2110(f). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal land bidding credit after winning the auction when it files its long-form application (FCC Form 601). In
- http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=44
- of them. Tribal Land Credits A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a telephone service penetration rate equal to or below 70 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. 1.2107 and 1.2110(f). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal land bidding credit after winning the auction when it files its long-form application (FCC Form 601). In
- http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=45
- of them. Tribal Land Credits A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a telephone service penetration rate equal to or below 70 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. 1.2107 and 1.2110(f). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal land bidding credit after winning the auction when it files its long-form application (FCC Form 601). In
- http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=46
- not both. Tribal Land Credits A winning bidder that intends to use its license to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a telephone service penetration rate equal to or below 70 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. 1.2107 and 1.2110(f). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal land bidding credit after winning the auction when it files its long-form application (FCC Form 601). In
- http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=48
- not both. Tribal Land Credits A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a telephone service penetration rate equal to or below 70 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. 1.2107 and 1.2110(f). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal land bidding credit after winning the auction when it files its long-form application (FCC Form 601). In
- http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=49
- license. Tribal Land Bidding Credits A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a telephone service penetration rate equal to or below 70 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. 1.2107 and 1.2110(f). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal land bidding credit after winning the auction when it files its long-form application (FCC Form 601). In
- http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=50
- not both. Tribal Land Credits A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a telephone service penetration rate equal to or below 70 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. 1.2107 and 1.2110(f). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal land bidding credit after winning the auction when it files its long-form application (FCC Form 601). In
- http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=51
- both. Tribal Land Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a telephone service penetration rate equal to or below 70 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. 1.2107 and 1.2110(f). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal land bidding credit after winning the auction when it files its long-form application (FCC Form 601). In
- http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=53
- only one. Tribal Land Credits A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a telephone service penetration rate equal to or below 70 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. 1.2107 and 1.2110(f). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal land bidding credit after winning the auction when it files its long-form application (FCC Form 601). In
- http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=55
- per license. Tribal Land Credits A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a telephone service penetration rate equal to or below 70 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. 1.2107(e) and 1.2110(f). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. A winning bidder need not qualify for a small business bidding credit to be eligible for a tribal lands bidding credit. Unlike other bidding credits that are requested prior to the auction, a winning bidder
- http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=56
- per license. Tribal Land Credits A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a telephone service penetration rate equal to or below 70 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. 1.2107(e) and 1.2110(f). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. A winning bidder need not qualify for a small business bidding credit to be eligible for a tribal lands bidding credit. Unlike other bidding credits that are requested prior to the auction, a winning bidder
- http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=57
- per license. Tribal Land Credits A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a telephone service penetration rate equal to or below 70 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. 1.2107(e) and 1.2110(f). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. A winning bidder need not qualify for a small business bidding credit to be eligible for a tribal lands bidding credit. Unlike other bidding credits that are requested prior to the auction, a winning bidder
- http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=58
- licenses. Tribal Land Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a telephone service penetration rate equal to or below 70 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. 1.2107(e) and 1.2110(f). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. A winning bidder need not qualify for a small business bidding credit to be eligible for a tribal lands bidding credit. Unlike other bidding credits that are requested prior to the auction, a winning bidder
- http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=59
- per license. Tribal Land Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a wireline penetration rate equal to or below 85 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. 1.2107(e) and 1.2110(f). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. A winning bidder need not qualify for a small business bidding credit to be eligible for a tribal lands bidding credit. Unlike other bidding credits that are requested prior to the auction, a winning bidder
- http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=61
- per license. Tribal Land Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a wireline penetration rate equal to or below 85 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. 1.2107(e) and 1.2110(f). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. A winning bidder need not qualify for a small business bidding credit to be eligible for a tribal lands bidding credit. Unlike other bidding credits that are requested prior to the auction, a winning bidder
- http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=63
- per license. Tribal Land Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a wireline penetration rate equal to or below 85 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. 1.2107(e) and 1.2110(f). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. A winning bidder need not qualify for a small business bidding credit to be eligible for a tribal lands bidding credit. Unlike other bidding credits that are requested prior to the auction, a winning bidder
- http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=66
- not both. Tribal Land Bidding Credits A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a wireline penetration rate equal to or below 85 percent is eligible to receive a tribal lands bidding credit as set forth in [55]47 C.F.R. 1.2107(e) and 1.2110(f). A tribal lands bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. A winning bidder need not qualify for a small business bidding credit to be eligible for a tribal lands bidding credit. Unlike other bidding credits that are requested prior to the auction, a winning bidder
- http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=69
- not both. Tribal Land Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a wireline penetration rate equal to or below 85 percent is eligible to receive a tribal lands bidding credit as set forth in 47 C.F.R. 1.2107(e) and 1.2110(f). A tribal lands bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. A winning bidder need not qualify for a small business bidding credit to be eligible for a tribal lands bidding credit. Unlike other bidding credits that are requested prior to the auction, a winning bidder
- http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=71
- block licenses. Tribal Land Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a wireline penetration rate equal to or below 85 percent is eligible to receive a tribal lands bidding credit as set forth in 47 C.F.R. 1.2107(e) and 1.2110(f). A tribal lands bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. A winning bidder need not qualify for a small business bidding credit to be eligible for a tribal lands bidding credit. Unlike other bidding credits that are requested prior to the auction, a winning bidder
- http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=72
- not both. Tribal Land Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications provider or that have a wireline penetration rate equal to or below 85 percent is eligible to receive a tribal lands bidding credit as set forth in [57]47 C.F.R. 1.2107(e) and 1.2110(f). A tribal lands bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. A winning bidder need not qualify for a small business bidding credit to be eligible for a tribal lands bidding credit. Unlike other bidding credits that are requested prior to the auction, a winning bidder
- http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=73
- both. Tribal Land Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications provider or that have a wireline penetration rate equal to or below 85 percent may be eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. 1.2107(e) and 1.2110(f). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. A winning bidder need not qualify for a small business bidding credit to be eligible for a tribal land bidding credit. Incumbents A number of incumbent broadcasters are licensed and operating on these frequencies (TV
- http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=78
- below 85 percent may be eligible to receive a tribal land bidding credit. A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. A winning bidder need not qualify for a small business bidding credit to be eligible for a tribal land bidding credit. See [65]47 C.F.R. 1.2107 and 1.2110(f). Incumbents AWS-1 Licenses: The AWS-1 bands are now being used for a variety of government and non-government services. The 1710-1755 MHz band is currently a government band, which is in the process of transitioning to a commercial band. The incumbents in the 2110-2150 MHz band are private services (including state and local governmental public safety services) and common
- http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=86
- below 85 percent may be eligible to receive a tribal land bidding credit. A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. A winning bidder need not qualify for a small business bidding credit to be eligible for a tribal land bidding credit. See [59]47 C.F.R. 1.2107 and [60]1.2110(f). Incumbents Existing BRS licenses in these bands are of two types: Incumbent licenses The service area for these licenses is a 35-mile circle centered at the stations reference coordinates, and is bounded by the chord(s) drawn between the intersection points of the licensees previous protected service area and those of respective adjacent market, co-channel licensees. See [61]47 C.F.R.
- http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=87
- below 85 percent may be eligible to receive a tribal land bidding credit. A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. A winning bidder need not qualify for a small business bidding credit to be eligible for a tribal land bidding credit. See 47 C.F.R. 1.2107 and 1.2110(f). Incumbents Incumbent (non-geographic) licensees operating under their existing authorizations are entitled to full protection from co-channel interference. Geographic area licensees are likewise afforded co-channel interference protection from incumbent licensees. Adjacent geographic area licensees are obligated to resolve possible interference concerns of adjacent geographic area licensees by negotiating a mutually acceptable agreement with the neighboring geographic licensee. Licensing Rules
- http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=92
- winning bids. Tribal Land Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a wireline penetration rate equal to or below 85 percent is eligible to receive a tribal lands bidding credit as set forth in [53]47 C.F.R. 1.2107 and 1.2110(f). A tribal lands bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. A winning bidder need not qualify for a small business bidding credit to be eligible for a tribal lands bidding credit. Incumbents 700 MHz band licensees must operate in accordance with the Commission rules to
- http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=35&page=O
- [59]Word [60]See Original PN 3/27/2002 ORDER (FCC 02-99) Requests for Refunds of Down Payments Made in Auction 35 This Order grants in part, and denies in part, a joint request for refund of down payments made by certain winning bidders in Auction 35. [61]pdf - [62]text 7/31/2001 ORDER (DA 01-1833) TPS Utilicon, Inc.; Request for Waiver of Sections 1.2109 and 1.2107 of the Commission's Rules Regarding BTA043, BTA127, BTA215, and BTA330 This Order denies TPS Utilicom, Inc.'s (February 23, 2001) request for waiver of Sections 1.2109 and 1.2107 of the Commission's rules requiring it to make its down payment on licenses for which it was the winning bidder. [63]pdf - [64]Word 1/18/2001 ORDER ON RECONSIDERATION (FCC 01-17) In the Matter of
- http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2001&m=7
- Downloadable forms for use in manual filing [35]WTBWireless Telecommunications Bureau [36]ULSUniversal Licensing System [37]CORESCommission Registration System [38]Rural TelecommunicationsTelecommunications Service for Rural America [39]FCC > [40]WTB > [41]Auctions Home > [42]Auctions Releases > Releases By Year 2001 [43]FCC Site Map Auctions Releases for July 2001 7/31/2001 ORDER (DA 01-1833) Auction [44]35 TPS Utilicon, Inc.; Request for Waiver of Sections 1.2109 and 1.2107 of the Commission's Rules Regarding BTA043, BTA127, BTA215, and BTA330 This Order denies TPS Utilicom, Inc.'s (February 23, 2001) request for waiver of Sections 1.2109 and 1.2107 of the Commission's rules requiring it to make its down payment on licenses for which it was the winning bidder. [45]pdf - [46]Word 7/27/2001 PUBLIC NOTICE (DA 01-1789) Auction [47]42 Multiple Address Systems
- http://wireless.fcc.gov/auctions/general/releases/da002219.doc http://wireless.fcc.gov/auctions/general/releases/da002219.pdf http://wireless.fcc.gov/auctions/general/releases/da002219.txt
- Such payment shall be made within thirty (30) days of the third anniversary of the initial grant of its license. Failure to repay the tribal land bidding credit will result in automatic cancellation of the license. For further information, See the Commission's Report and Order and Further Notice of Proposed Rule Making, WT Docket NO. 99-266, 47 C.F. R. 1.2107(e) and 1.2110(e) and , Interested parties may also contact Davida Grant of the Commercial Wireless Division at 202-418-7050 or dgrant@fcc.gov. Extending Wireless Telecommunications Services to Tribal Lands, Report and Order and Further Notice of Proposed Rule Making, WT Docket No. 99-266, 15 FCC Rcd. 11,794 (rel. June 30, 2000). The ``Prepared to Grant Public Notice'' also lists those applications that
- http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
- Commission departed from the Part 1 general competitive bidding rules the Commission so indicated in the rule itself and/or the respective proceeding that adopted the rule. For example, in the Radio Broadcast Services context, section 73.5005, the service-specific rule that outlines the long-form application procedures, is retained because this rule departs from the general competitive long-form application rule in section 1.2107. 47 C.F.R. 1.2107 and 73.5005. Implementation of Section 309(j) of the Communications Act Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, First Report and Order, 13 FCC Rcd 15920, 15984, 163 (1998) ("Commercial Broadcast Competitive Bidding First Report and Order ") (Because of the technical and legal complexities of long-form applications submitted for licenses
- http://wireless.fcc.gov/auctions/general/releases/da980419.pdf http://wireless.fcc.gov/auctions/general/releases/da980419.txt http://wireless.fcc.gov/auctions/general/releases/da980419.wp
- punishing otherwise successful licensees for failures in one market, and will strike an appropriate balance between our conflicting roles as both "lender" and "regulator." 340 Accordingly, upon default on an installment payment, a license will automatically cancel without further action by the Commission and the Commission will initiate debt collection procedures against the licensee and accountable affiliates. 341 9. Section 1.2107(c) of the Commission's rules is corrected by adding a cross reference to Federal Communications Commission DA 98-419 6 Section 1.2112 of the Commission's rules to read as follows: 1.2107 Submission of down payment and filing of long-form applications. * * * * * (c) A high bidder that meets its down payment obligations in a timely manner must, within
- http://wireless.fcc.gov/auctions/general/releases/fc000189.doc http://wireless.fcc.gov/auctions/general/releases/fc000189.pdf http://wireless.fcc.gov/auctions/general/releases/fc000189.txt
- debt at the time the payment stream would have begun. Third Report and Order, 9 FCC Rcd at 1339 (para. 8). See 47 C.F.R. 1.2106. See 47 C.F.R. 1.2104(g)(1),(2). See Part 1 of the Commission's Rules, Subpart Q, Competitive Bidding Proceedings, 47 C.F.R. 1.2101 et seq. 47 C.F.R. 1.2105. 47 C.F.R. 1.2112. 47 C.F.R. 1.2107. See 47 C.F.R. 1.2108(b). See 47 C.F.R. 1.2109(a). Commission staff will provide further guidance regarding notification procedures. (continued....) Federal Communications Commission FCC 00-189 Federal Communications Commission FCC 00-189 @& 0 0 0 0 0 0 R E:Ff(R)3FF
- http://wireless.fcc.gov/auctions/general/releases/fc000209.doc http://wireless.fcc.gov/auctions/general/releases/fc000209.pdf http://wireless.fcc.gov/auctions/general/releases/fc000209.txt
- Ex Parte Submissions Innowave ECI Wireless Systems LTD. Stephen Nacci Linda Riley Rural Telephone Coalition Rural Telecommunications Group San Carlos apache Telecommunications Utility, Inc. Roger L. Scheer Smith Bagley, Inc. Transacomm Inc. Turtle Island Communications, Inc. Western Wireless Corporation APPENDIX B Subpart Q of Part 1 of Title 47 of the Code of Federal Regulations is amended as follows: Section 1.2107 is amended by renumbering existing paragraph (e) to become new paragraph (f), and by adding new paragraph (e) as follows: (e) A winning bidder that seeks a bidding credit to serve a qualifying tribal land, as defined in section 1.2110(e)(3)(1) of our rules, within a particular market must indicate on the long-form application (FCC From 601) that it intends to
- http://wireless.fcc.gov/auctions/general/releases/fc000274.doc http://wireless.fcc.gov/auctions/general/releases/fc000274.pdf http://wireless.fcc.gov/auctions/general/releases/fc000274.txt
- the applicant; (iii) List separately and in the aggregate the gross revenues, computed in accordance with 1.2110, for each of the following: the applicant, its affiliates, its controlling interests, and affiliates of its controlling interests; and if a consortium of small businesses, the members comprising the consortium; (2) As an exhibit to its long-form application (i.e., see 47 CFR 1.2107): (i) List and summarize all agreements or instruments (with appropriate references to specific provisions in the text of such agreements and instruments) that support the applicant's eligibility as a small business under the applicable designated entity provisions, including the establishment of de facto or de jure control; such agreements and instruments include articles of incorporation and bylaws, shareholder agreements, voting
- http://wireless.fcc.gov/auctions/general/releases/fc970060.pdf http://wireless.fcc.gov/auctions/general/releases/fc970060.txt http://wireless.fcc.gov/auctions/general/releases/fc970060.wp
- proceedings we would continue to establish the appropriate size standards for each auctionable service). Whether to modify the unjust enrichment rule, Section 1.2111(c), which governs the payment of unpaid principal and accrued interest by licensees utilizing installment payments and seeking to transfer or assign their licenses, to conform with the broadband PCS rules. 6 Whether to amend Sections 1.2105(a) and 1.2107(c) to require that all short-form and long-form applications be filed electronically beginning January 1, 1998. Whether to amend Section 1.2105(b)(2) to provide a uniform definition of major amendments to FCC Form 175. Whether to adopt general ownership disclosure requirements and allow auction applicants See JEM Broadcasting v. FCC, 22 F.3d 320, 326-28 (D.C. Cir. 1994). 7 5 to submit ownership
- http://wireless.fcc.gov/auctions/general/releases/fc970413.pdf http://wireless.fcc.gov/auctions/general/releases/fc970413.txt http://wireless.fcc.gov/auctions/general/releases/fc970413.wp
- Supreme Court's decision in Adarand Constructors v. Pena that federal measures awarding preferential treatment on the basis of race are subject to strict scrutiny, the Commission revised its designated entity provisions so that all designated entities must be small businesses. See Adarand Constructors v. Pena, 115 S. Ct. 2097 (1995). See 47 C.F.R. 24.716(d), 24.717(c). 6 Sections 1.2105(a) and 1.2107(c) were erroneously amended by the Order, Memorandum Opinion and Order 7 and Notice of Proposed Rule Making in this docket. The Notice portion of the Order, Memorandum Opinion and Order and Notice of Proposed Rule Making only requested comment on these proposed amendments to the Commission's rules; the Commission did not intend to adopt the rule at that time. See
- http://wireless.fcc.gov/auctions/general/releases/part1rul.doc http://wireless.fcc.gov/auctions/general/releases/part1rul.pdf
- In accordance with the provisions of paragraph (d), in the event a penalty is assessed pursuant to 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. 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) Unless otherwise specified by public notice, 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
- http://wireless.fcc.gov/releases/da02508.pdf http://wireless.fcc.gov/releases/da02508.txt
- and subject to applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c), 24.708(b). Such applicant will be assessed default penalties as prescribed by sections 1.2104(g), 1.2109(c), and 24.708(b) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c), 24.708(b). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, March 18, 2002 (or 6:00 p.m. Eastern Time, April 1, 2002, along with the five-percent late fee). The 1 See C and F Block Broadband PCS Auction Closes: Winning Bidders Announced,
- http://wireless.fcc.gov/rss/index.htm?job=ainf&id=35
- be deemed restricted proceedings under the ex parte rules.http://wireless.fcc.gov/auctions/default.htm?job=release&id=80&y= 2001Fri, 12 Oct 2001 04:00:00 GMTThis Public Notice announces WTB will update its licensing records to reflect the United States Court of Appeals for the District of Columbia Circuit's mandate.http://wireless.fcc.gov/auctions/default.htm?job=release&id=79& y=2001Fri, 31 Aug 2001 04:00:00 GMTThis Order denies TPS Utilicom, Inc.'s (February 23, 2001) request for waiver of Sections 1.2109 and 1.2107 of the Commission's rules requiring it to make its down payment on licenses for which it was the winning bidder.http://wireless.fcc.gov/auctions/default.htm?job=release&id=148& y=2001Tue, 31 Jul 2001 04:00:00 GMTThe attached Public Notice announces that on January 26, 2001, the FCC completed the auction of 422 licenses in the C and F Block Broadband PCS Auction ("Auction No. 35") and it provides detailed information
- http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
- audits. 2. As we have previously emphasized, the Commission is committed to creating a customer-friendly environment that uses the most current filing and processing technologies and promotes more efficient and speedy Federal Communications Commission FCC 98-281 2 See Electronic Filing of Documents in Rulemaking Proceedings, Report and Order, 13 FCC Rcd 11322 (1998). 3 See, e.g., 47 C.F.R. 1.2105(a); 1.2107(c) (as of January 1, 1999, requiring all applicants to file short-form applications to participate in an auction electronically and requiring all auction winners to file long-form applications electronically). Since October 1997, renewal applications for wireless radio services authorizations (FCC Form 900) have been required to be submitted electronically as well. See Biennial Regulatory Review -- Amendment of Parts 0, 1,
- http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98324.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98324.txt http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98324.wp
- and speedy Commission operations. To that end, the Commission has significantly expanded the use of electronic filing in many areas, including allowing parties to file comments electronically in notice and comment Federal Communications Commission FCC 98-324 2 See Electronic Filing of Documents in Rulemaking Proceedings, Report and Order, 13 FCC Rcd 11322 (1998). 3 See, e.g., 47 C.F.R. 1.2105(a); 1.2107(c) (as of January 1, 1999, requiring all applicants to file short-form applications to participate in an auction electronically and requiring all auction winners to file long-form applications electronically); Biennial Regulatory Review -- Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, 97 and 101 of the Commission's Rules to Facilitate the Development and Use of
- http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/MDS_Notices/md991001.pdf
- on its BTA authorization(s) in quarterly installment payments. It will receive an installment payment plan schedule listing payment amounts and due dates shortly after receiving the BTA authorization and executing a document evidencing the payment obligation. See 47 C.F.R. 21.960(b). All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Time, on October 8, 1999. Applicants must allow sufficient time for the wire transfer to be initiated and for the transmission to be completed prior to the deadline. To submit funds by wire, applicants
- http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da000763.doc
- bidder's construction permit. Pending applications which are subject to further review are not listed in Attachment A. Disposition of the Auction 25 construction permit applications not listed in Attachment A will be announced in subsequent public notices or orders. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Standard Time, on April 20, 2000 (or 6:00 p.m. Eastern Standard Time, May 4, 2000, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated
- http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da001084.doc
- bidder's construction permit. Pending applications which are subject to further review are not listed in Attachment A. Disposition of the Auction 25 construction permit applications not listed in Attachment A will be announced in subsequent public notices or orders. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Standard Time, on June 1, 2000 (or 6:00 p.m. Eastern Standard Time, June 15, 2000, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated
- http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da001595.doc
- bidder's construction permit. Pending applications which are subject to further review are not listed in Attachment A. Disposition of the Auction 25 construction permit applications not listed in Attachment A will be announced in subsequent public notices or orders. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Standard Time, on August 1, 2000 (or 6:00 p.m. Eastern Standard Time, August 15, 2000, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated
- http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da001871.doc
- bidder's construction permit. Pending applications which are subject to further review are not listed in Attachment A. Disposition of the Auction 25 construction permit applications not listed in Attachment A will be announced in subsequent public notices or orders. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Standard Time, on August 30, 2000 (or 6:00 p.m. Eastern Standard Time, September 14, 2000, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated
- http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da002109.doc
- bidder's construction permit. Pending applications which are subject to further review are not listed in Attachment A. Disposition of the Auction 25 construction permit applications not listed in Attachment A will be announced in subsequent public notices or orders. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Standard Time, on September 29, 2000 (or 6:00 p.m. Eastern Standard Time, October 13, 2000, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated
- http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da002345.doc
- bidder's construction permit. Pending applications which are subject to further review are not listed in Attachment A. Disposition of the Auction 25 construction permit applications not listed in Attachment A will be announced in subsequent public notices or orders. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Standard Time, on November 2, 2000 (or 6:00 p.m. Eastern Standard Time, November 17, 2000, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated
- http://www.fcc.gov/Bureaus/Miscellaneous/Orders/1997/fcc97050.pdf http://www.fcc.gov/Bureaus/Miscellaneous/Orders/1997/fcc97050.txt http://www.fcc.gov/Bureaus/Miscellaneous/Orders/1997/fcc97050.wp
- we believe that requiring payment by wire transfer will benefit bidders by streamlining and expediting the administration of the auction. As we noted in the NPRM, our experience has shown that verification of payments remitted to us by cashier's check is time-consuming and cumbersome, and requires the allotment of extra processing Federal Communications Commission FCC 97-50 See 47 C.F.R. 1.2107(b). 371 See 47 C.F.R. 1.2107. 372 See Appropriations Act, 3001(c). 373 87 time prior to the start of the auction. Permitting payment by cashier's check would require that upfront payments be made at an earlier point, which would decrease applicants' lead time to pursue business plans and arrange necessary financing before the start of the auction. In addition,
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- few years. In general, we have not made electronic filing of applications mandatory in the wireless radio services. Nevertheless, our policies have consistently encouraged electronic filing, and we have stated our intent to minimize the number of applications that are filed and processed manually. With respect to applications for licenses obtained through competitive bidding, we recently amended sections 1.2105(a) and 1.2107(c) of our rules to require electronic filing of all short-form and long-form applications beginning January 1, 1999, unless not feasible. 29 20. In addition, we note that the public has requested that the Commission implement electronic filing of information wherever feasible to facilitate more user-friendly queries of licensing data. We recently sought comment on various changes to our rules that
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- that have been employed in other wireless services. We also propose to use our Part 24 rules applicable to the C block to the extent that such rules do not conflict with our Part 1 rules or rules specifically adopted Federal Communications Commission FCC 97-342 170 47 C.F.R. 1.2104. 171 47 C.F.R. 1.2105. 172 47 C.F.R. 1.2106, 1.2107. 173 47 C.F.R. 1.2108. 174 47 C.F.R. 1.2109. 175 47 C.F.R. 1.2104(d). 176 Balanced Budget Act of 1997, P.L. 105-33, 111 Stat. 251 (1997) (to be codified at 47 U.S.C. 309(j)(4)(F)) ("Balanced Budget Act"). 42 or proposed in this Second Report and Order and Notice of Proposed Rule Making for the reauction of C block licenses.
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- winning incumbents could subsequently partition and sell, even at a substantial loss, to entities that do not present a risk of direct competition with the incumbents' services.57 We find this scenario to be purely speculative and unlikely. The Commission addressed such activities in the Second Report and Order when it adopted the anti-collusion rules set forth in Sections 1.2105 and 1.2107 of our rules to apply to LMDS auctions.58 The rules prevent all parties participating in the auction from agreeing in advance to bidding strategies that divide the market according to their interests and that disadvantage other bidders, by prohibiting various discussions apart from bidding consortia or other approved arrangements. In addition, we note that the attribution rules include indirect ownership
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- to pay interest to licensees, which was one of DiGiPH's suggestions. Id. at 8. For example, unsuccessful bidders in Commission auctions do not earn interest on their upfront payments or down payments. Rather, the accrued interest on these funds is transferred to the Telecommunications Development Fund. See Communications Act 309(j)(8)(C), 47 U.S.C. 309(j)(8)(C); 47 C.F.R. 1.2106(a) and 1.2107(b). - 13 - an array of alternative payment options, designed to accommodate licensees' various needs. These options were developed and are now being modified in an effort to balance complex and competing interests, with the recognition that it is impossible to devise alternatives that satisfy every entity with an interest in this proceeding. The record before us does not provide
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- Robert H. McNamara, Chief, Private Wireless Division, to Phoenix Data Communications, Inc. (undated) (Letter). See Announcing High Bidders for 594 Interactive Video and Data Service (IVDS) Licenses, Public Notice, Mimeo No. 44160 (rel. Aug. 2, 1994), erratum, Public Notice, Mimeo No. 44265 (rel. Aug. 9, 1994). 47 C.F.R. 95.816(d)(2) (1994); see also 47 C.F.R. 1.2110(e). 47 C.F.R. 1.2107(b). 47 C.F.R. 95.816(c)(4); see also 47 C.F.R. 1.2107(b), 1.2110(e)(2). Phoenix Data never made any other payments. See Requests for Waivers in the First Auction of 594 Interactive Video and Data Service Licenses, Order, 9 FCC Rcd. 6384 (CCB 1994) (Waiver Order), review denied, Memorandum Opinion and Order, 10 FCC Rcd. 12153 (1995) (Waiver Memorandum Opinion and Order), reconsideration
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- Rulemaking, WT Docket No. 98-169, 13 FCC Rcd. 19064, 19075-76 16 (1998). See Announcing High Bidders for 594 Interactive Video and Data Service (IVDS) Licenses, Public Notice, Mimeo No. 44160 (rel. Aug. 2, 1994), erratum, Public Notice, Mimeo No. 44265 (rel. Aug. 9, 1994). 47 C.F.R. 95.816(d)(2), 1.2110(e) (1994). 47 C.F.R. 95.816(c)(4); see also 47 C.F.R. 1.2107(b), 1.2110(e)(2). Ten percent of Davis's net bid (winning bid less 25% bidding credit) was $270,750. On August 1, 1994, Davis made an upfront payment of $2,500 to participate in the 218-219 MHz Service auction, which was still on deposit at the time the first down payment was due. Thus, Davis was required to submit $268,250 to bring his deposit with
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- Docket No. 93-253, Second Report and Order, 9 FCC Rcd. 2348 (1994) (Competitive Bidding Second Report and Order). See Public Notice, Announcing High Bidders for 594 Interactive Video and Data Services (IVDS) Licenses, Mimeo No. 44160 (rel. Aug. 2, 1994), erratum, Public Notice, Mimeo No. 44265 (rel. Aug. 9, 1994). Id. 47 C.F.R. 1.2110(e), 95.816(d)(2)(1994). 47 C.F.R. 95.816(c)(4), 1.2107(b), and 1.2110(e)(2)(1994). Id. See Public Notice, Announcing High Bidders for 594 Interactive Video and Data Services (IVDS) Licenses, Mimeo No. 44160 (rel. Aug. 2, 1994), erratum, Public Notice, Mimeo No. 44265 (rel. Aug. 9, 1994). Id; see 47 C.F.R. 1.2107(b)(1994). See Public Notice, Interactive Video and Data Service (IVDS) Applications to be Granted February 28, 1995, DA 95-152 (rel.
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- long as it can be shown that such aggregation or partitioning will not adversely affect public safety. To facilitate the Commission's compliance with its statutory obligation to deposit the proceeds from the auction of licenses in the 700 MHz bands by September 30, 2000, we delegate to the Wireless Telecommunications Bureau authority to suspend our payment deadlines in Sections 1.2107(b) and 1.2109(a) of the Commission's Rules and require that winning bidders on all licenses in the 30 megahertz spectrum block and the Guard Bands pay the full balance of their winning bids upon submission of their long-form applications pursuant to Section 1.2107(c) of our rules. Background The 746-806 MHz band has historically been used exclusively by television stations (Channels 60
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- debt at the time the payment stream would have begun. Third Report and Order, 9 FCC Rcd at 1339 (para. 8). See 47 C.F.R. 1.2106. See 47 C.F.R. 1.2104(g)(1),(2). See Part 1 of the Commission's Rules, Subpart Q, Competitive Bidding Proceedings, 47 C.F.R. 1.2101 et seq. 47 C.F.R. 1.2105. 47 C.F.R. 1.2112. 47 C.F.R. 1.2107. See 47 C.F.R. 1.2108(b). See 47 C.F.R. 1.2109(a). Commission staff will provide further guidance regarding notification procedures. (continued....) Federal Communications Commission FCC 00-189 Federal Communications Commission FCC 00-189 @& R 0 0
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- Ex Parte Submissions Innowave ECI Wireless Systems LTD. Stephen Nacci Linda Riley Rural Telephone Coalition Rural Telecommunications Group San Carlos apache Telecommunications Utility, Inc. Roger L. Scheer Smith Bagley, Inc. Transacomm Inc. Turtle Island Communications, Inc. Western Wireless Corporation APPENDIX B Subpart Q of Part 1 of Title 47 of the Code of Federal Regulations is amended as follows: Section 1.2107 is amended by renumbering existing paragraph (e) to become new paragraph (f), and by adding new paragraph (e) as follows: (e) A winning bidder that seeks a bidding credit to serve a qualifying tribal land, as defined in section 1.2110(e)(3)(1) of our rules, within a particular market must indicate on the long-form application (FCC From 601) that it intends to
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- set forth by Congress. Accordingly, through our rulemaking process, we established rules to protect the integrity of the auction process. In the Competitive Bidding Second Report and Order, we established the requirement of full and timely down payment to ensure that bidders are financially capable of constructing and operating their systems. We indicated that the down payment provisions in Sections 1.2107(b) and 24.711(a)(2) of our rules were designed to ensure that the ultimate purpose of the auction, which is to encourage and facilitate the provision of reliable service to the public, is not undermined by winning bidders that lack the financial capability to pay for the license, construct systems, and provide service to the public. Timely payment of both upfront and
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- the applicant; (iii) List separately and in the aggregate the gross revenues, computed in accordance with 1.2110, for each of the following: the applicant, its affiliates, its controlling interests, and affiliates of its controlling interests; and if a consortium of small businesses, the members comprising the consortium; (2) As an exhibit to its long-form application (i.e., see 47 CFR 1.2107): (i) List and summarize all agreements or instruments (with appropriate references to specific provisions in the text of such agreements and instruments) that support the applicant's eligibility as a small business under the applicable designated entity provisions, including the establishment of de facto or de jure control; such agreements and instruments include articles of incorporation and bylaws, shareholder agreements, voting
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- Report and Order, 11 FCC Rcd at 7858, para. 73. Id. Part 1 Third Report and Order, 13 FCC Rcd at 425, para. 86; see 47 C.F.R. 1.2106; see Competitive Bidding Second Report and Order, 9 FCC Rcd at 2378, para. 171. Part 1 Third Report and Order, 13 FCC Rcd at 427, para. 91; see 47 C.F.R. 1.2107. C Block Fourth Report and Order, 13 FCC Rcd at 15,761, para. 32; see 47 C.F.R. 24.711, 24.716. We note that the Balanced Budget Act of 1997 provides that "before the issuance of bidding rules," the Commission must provide adequate time for parties to comment on proposed auction procedures. Balanced Budget Act of 1997, Pub. L. 105-33, 3002(a)(1)(B)(iv),
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- Appendix F of this Report and Order, filed in conjunction with applications for the 928/952/956 MHz bands between July 1, 1999 and the release date of this Report and Order, are dismissed as moot, and any associated applications are dismissed without prejudice. See supra at note 12. See 47 C.F.R. 1.2105 (``Bidding application and certification procedures; prohibition of collusion''), 1.2107 (``Submission of down payment and filing of long-form applications''), 1.2109 (``License grant, denial, default, and disqualification''). See, e.g., Maritime Third Report and Order, 13 FCC Rcd at 19889; 800 MHz Second Report and Order, 12 FCC Rcd at 19096; Amendment of the Commission's Rules Regarding the 37.0 - 38.6 GHz and 38.6 - 40.0 GHz Bands, ET Docket No. 95-183,
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- 9, 1998, winning bidders in the LMDS auction must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids and (2) payments for withdrawn bids. If a bidder's upfront payment is not sufficient to meet both of these requirements, the bidder must deposit additional funds.3 See 47 C.F.R. 1.2107(b). The amount now due from each winning bidder, if any, is set out in the last column of 4 Copies of the FCC Form 159 may be obtained by calling the Commission's Forms Distribution Center at 1-800-418-3676 (outside Washington, D.C.) or 202-418-3676 (in the Washington area). Copies of the FCC Form 159 can also be obtained via the Internet <>
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- in the Phase II 220 MHz Service auction must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids. If a bidder's upfront payment is not sufficient to meet both of these requirements, the bidder must deposit additional funds. See 47 C.F.R. 1.2107(b), 90.1011(b).1 The amount now due from each winning bidder, if any, is set out in the last column of Attachment B. Note that only if a winning bidder's upfront payment covers the required total of down payments and withdrawn bid payments (as reflected in Attachment B) is no payment or FCC Form 159 necessary at this time. Each winning bidder's
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- 16 Commission of any violation of the anti-collusion rules upon learning of such violation. Bidders are therefore required to make such notification to the Commission immediately upon discovery. In addition, applicants are reminded that they are subject to the antitrust laws, which are designed to prevent anti-competitive behavior in the marketplace. Winning bidders will be See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 17 See 47 C.F.R. 1.1202(d) note (1); see also "Commission Announces that Mutually Exclusive 'Short-Form' 18 Applications (Form 175) to Participate in Competitive Bidding Process ('Auctions') Are Treated as Exempt for Ex Parte Purposes." Public Notice, 9 FCC Rcd 6760 (1994). See 47 C.F.R. 1.1200. 19 See 47 C.F.R. 1.2112(b). 20 7 required to disclose
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- March 10, 1999) ("Qualified Bidders Public Notice"). 6 See Qualified Bidders Public Notice at Att. G. 7 See Bidder Information Package at Tab D, pp. 127-34. 8 47 C.F.R. 1.2104(g)(2). 9 47 C.F.R. 1.2109, 1.2104. on deposit with the Government to 20 percent of its net high bids (actual bids less any applicable bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. 1.2104(g), as discussed in "Bid Removal and Bid Withdrawal," Tab D of the C, D, E, & F Broadband PCS Auction Bidder Information Package. Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.10
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- delinquent on any non- tax debt owed to any Federal agency. Prospective bidders are reminded that submission of a false certification to the Commission is a serious matter that may result in severe penalties, including monetary forfeitures, license revocations, exclusion from participation in future auctions, and/or criminal prosecution. 9 See 47 C.F.R. 1.65. 10 See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 11 See 47 C.F.R. 1.1202(d) note (1); see also "Commission Announces that Mutually Exclusive 'Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process ('Auctions') Are Treated as Exempt for Ex Parte Purposes." Public Notice, 9 FCC Rcd 6760 (1994). 12 See 47 C.F.R. 1.2112(b). 5 The FCC makes no representations or warranties about the use
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- listing withdrawn bid payments due. Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all "Bid Removal and Bid Withdrawal," Part 4.B.(6). (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) B. Long-Form Application 34 Within ten business days after release of the auction closing notice, winning bidders must electronically submit a properly completed long-form application and required exhibits for
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- is a serious matter that may result in severe penalties, including monetary forfeitures, license revocations, exclusion from participation in future auctions, and/or criminal prosecution. 6 See Nevada Wireless, 13 FCC Rcd at 11978, 13. 7 See 47 C.F.R. 1.65. 8 Section 73.5005(a) of the Commission's rules requires that post-auction filings include the exhibits required by 47 C.F.R. Section 1.2107(d) (concerning any bidding consortia, joint bidding arrangements or other agreements relating to the competitive bidding process); Section 1.2110(i) (concerning designated entity status, if applicable); and Section 1.2112(a) & (b) (concerning disclosure of ownership and real party in interest information.) 9 See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 10 See 47 C.F.R. 1.1202(d) note (1); see also "Commission Announces
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- The Bureau will release a public notice announcing the grant of those licenses in which the Commission has received the timely final payment of the winning bid amount(s). Individual Phase II 220 MHz licenses will be issued shortly thereafter. Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Standard Time, on September 23, 1999 (or 6:00 p.m. Eastern Standard Time, October 7, 1999, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated
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- by 6:00 p.m. ET on October 26, 1999, winning bidders in the Closed Broadcast Auction (Auction No. 25) must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required down payments on winning bids. If a bidder's upfront payment is not sufficient to meet this requirement, the bidder must deposit additional funds. See 47 C.F.R. 1.2107(b) and 73.5003(b). The amount now due from each bidder, if any, is set out in the last column of Attachment B. Note that only if a bidder's upfront payment covers the required total of down payments and withdrawn bid payments (as reflected in Attachment B) is no payment or FCC Form 159 necessary at this time. Each bidder's down payment
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- October 26, 1999, the winning bidder in the Pahrump, Nevada Closed Broadcast Auction (Auction No. 27) must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover the required down payment on the winning bid. If the winning bidder's upfront payment is not sufficient to meet this requirement, the bidder must deposit additional funds. See 47 C.F.R. 1.2107(b) and 73.5003(b). The amount now due from the bidder, is set out in the last column of Attachment B. The bidder's down payment must be a total of twenty (20) percent of its net winning bid. Long-Form Application. The winning bidder must submit minor amendments to the previously filed long-form application within 30 days, by November 12, 1999. The winning
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- The Bureau will release a public notice announcing the grant of those licenses in which the Commission has received the timely final payment of the winning bid amount(s). Individual Phase II 220 MHz licenses will be issued shortly thereafter. Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Standard Time, on October 27, 1999 (or 6:00 p.m. Eastern Standard Time, November 10, 1999, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated
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- bid payments due, if any. Within ten business days after release of the auction closing public notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. 1.2104(g), as discussed in "Bid Removal and Bid Withdrawal," Part 4.B.(6), supra. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) B. Default and Disqualification Any high bidder that defaults or is disqualified after
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- listing withdrawn bid payments due. Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. 1.2104(g), as discussed in "Bid Removal and Bid Withdrawal," Part IV.B.6. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) Long-Form Application Within ten business days after release of the auction closing notice,
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- FCC website at: http://www.fcc.gov/wtb/auctions. See Auction No. 26 Public Notice; ``Auction Notice for 2,499 Paging Upper Band Licenses Scheduled for February 24, 2000, Due Diligence Issues,'' Public Notice, DA 99-2988 (rel. December 23, 1999). ``Wireless Telecommunications Bureau clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. 1.202(d) note (1); See also ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). See 47 C.F.R. 1.2112(b). h h h h h h h h h h h h h h
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- bid withdrawal payments due. Within ten business days after release of the auction closing public notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. 1.2104(g), as discussed in ``Bid Removal and Bid Withdrawal,'' Section IV.B.6. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) Long-Form Application Within ten business days after release of the auction closing public
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- Network's short-form (Form 175) application in SST10. See ``Supplemental Closed Broadcast Auction Public Notice,'' DA 99-2958 (rel. December 23, 1999). See ``Wireless Telecommunications Bureau clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). Section 73.5005(a) of the Commission's rules requires that post-auction filings include the exhibits required by 47 C.F.R. Section 1.2107(d) (concerning any bidding consortia, joint bidding arrangements or other agreements relating to the competitive bidding process); Section 1.2110(i) (concerning designated entity status, if applicable); and Section 1.2112(a) & (b) (concerning disclosure of ownership and real party in interest information.) See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). " " @ @ ticipate in Competitive Bidding Process ('Auctions') Are Treated
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- winning bidders in Auction No. 26 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids, if applicable. If a bidder's upfront payment is not sufficient to meet both of these requirements, the bidder must deposit additional funds. See 47 C.F.R. 1.2107(b), 1.2104(g). The amount now due from each bidder, if any, is set out in the last column of Attachment B. Note that only if a bidder's upfront payment covers the required total of down payments and withdrawn bid payments (as reflected in Attachment B) is no payment or FCC Form 159 necessary at this time. Each bidder's down payment must
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- bidder's construction permit. Pending applications which are subject to further review are not listed in Attachment A. Disposition of the Auction 25 construction permit applications not listed in Attachment A will be announced in subsequent public notices or orders. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Standard Time, on March 24, 2000 (or 6:00 p.m. Eastern Standard Time, April 7, 2000, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated
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- (``Blanco Auction Public Notice''); window extended per Public Notice, DA 00-135, released January 27, 2000. See 47 C.F.R. 1.65 See ``Wireless Telecommunications Bureau clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). Section 73.5005(a) of the Commission's rules requires that post-auction filings include the exhibits required by 47 C.F.R. Section 1.2107(d) (concerning any bidding consortia, joint bidding arrangements or other agreements relating to the competitive bidding process); Section 1.2110(i) (concerning designated entity status, if applicable); and Section 1.2112(a) & (b) (concerning disclosure of ownership and real party in interest information.) See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. 1.1202(d) note (1); see also "Commission Announces that Mutually
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000615.doc
- 00-112 (rel. January 21, 2000) (``Auction No. 30 Public Notice'') for detailed remittance and upfront payment information. This and other documents are available on the FCC website at: http://www.fcc.gov/wtb/auctions. $ $ $ ... s Telecommunications Bureau clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. 1.202(d) note (1); See also ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). See 47 C.F.R. 1.2112(b). PNG !R>^SS߿"Kker4 JdMOO ,I TV5 0z̪ %o a% Tf(c) U~UyӚo=c
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000690.doc
- 6:00 p.m. ET on April 10, 2000, winning bidders in the Supplemental Closed Broadcast Auction (Auction No. 28) must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required down payments on winning bids. If a bidder's upfront payment is not sufficient to meet this requirement; the bidder must deposit additional funds. See 47 C.F.R. 1.2107(b) and 73.5003(b). The amount now due from each bidder, if any, is set out in the last column of Attachment B. Note that only if a bidder's upfront payment covers the required total of down payments (as reflected in Attachment B) is no payment or FCC Form 159 necessary at this time. Each bidder's down payment must be a total
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000863.doc
- 99-2824, released December 17, 1999 (``Blanco Auction Public Notice''); window extended per Public Notice, DA 00-135, released January 27, 2000. See ``Wireless Telecommunications Bureau clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). Section 73.5005(a) of the Commission's rules requires that post-auction filings include the exhibits required by 47 C.F.R. Section 1.2107(d) (concerning any bidding consortia, joint bidding arrangements or other agreements relating to the competitive bidding process); Section 1.2110(i) (concerning designated entity status, if applicable); and Section 1.2112(a) and (b) (concerning disclosure of ownership and real party in interest information.) See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. 1.1202(d) note (1); see also "Commission Announces that Mutually
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000989.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000989.txt
- rules. See 47 C.F.R. 1.2104(g), 1.2109(b), 90.1007. Issuance of Individual Licenses Following the timely payment of the balance of the applicant's winning bid amount(s), the Commission will issue individual multilateration LMS licenses for each market to the applicant. Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by 6:00 p.m. Eastern Time, May 18, 2000 (or 6:00 p.m. Eastern Time, June 2, 2000, along with the five percent late fee). The applicant should allow sufficient time for the wire transfer to be initiated and for the transmission to
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001004.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001004.txt
- applicable default payments. See 47 C.F.R. 22.207, 22.215(a), 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as proscribed by sections 22.207, 22.215(a), 1.2104(g), and 1.2109(c) of the Commission's rules. See 47 C.F.R. 22.207, 22.215(a), 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received Mellon Bank by 6:00 p.m. Eastern Time, on May 19, 2000 (or 6:00 p.m. Eastern Time, June 5, 2000, along with the five percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and for the
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001035.doc
- winning bidders in Auction No. 30 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids, if applicable. If a bidder's upfront payment is not sufficient to meet both of these requirements, the bidder must deposit additional funds. See 47 C.F.R. 1.2107(b), 1.2104(g). The amount now due from each bidder, if any, is set out in the last column of Attachment B. Note that a payment and FCC Form 159 are necessary only if a bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each bidder's down payment must be
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001100.doc
- listing withdrawn bid payments due. Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. 1.2104(g), as discussed in "Bid Removal and Bid Withdrawal," Part IV.B.6. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) Long-Form Application Within ten business days after release of the auction closing notice,
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001226.doc
- construction permit. Within ten business days after release of the auction closing public notice, the winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the United States Government to 20 percent of its net winning bid (actual bid less any applicable bidding credit). See 47 C.F.R. 1.2107(b). Long-Form Application Within ten business days after release of the auction closing public notice, the winning bidder must electronically submit a properly completed long-form application and required exhibits for the construction permit won through the auction. If the winning bidder is claiming new entrant status it must include an exhibit demonstrating their eligibility for the bidding credit. See 47 C.F.R.
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001244.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001244.txt
- applicable default payments. See 47 C.F.R. 22.207, 22.215(a), 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as proscribed by sections 22.207, 22.215(a), 1.2104(g), and 1.2109(c) of the Commission's rules. See 47 C.F.R. 22.207, 22.215(a), 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received Mellon Bank by 6:00 p.m. Eastern Time, on June 21, 2000 (or 6:00 p.m. Eastern Time, July 6, 2000, along with the five percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and for the
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001308.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001308.txt
- payment of the winning bid amount(s). Individual facility authorizations will be issued shortly thereafter. The previously filed long form applications of the unsuccessful competing bidders in Auction 28 will be dismissed following grant of the winning bidder's construction permit. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank by 6:00 p.m. Eastern Standard Time, on June 29, 2000 (or 6:00 p.m. Eastern Standard Time, July 14, 2000, along with the five percent late fee). Applicants must allow sufficient time for the wire transfer to be initiated
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001388.doc
- withdrawn bid payments due. Within ten business days after release of the auction closing public notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. 1.2104(g), as discussed in "Bid Removal and Bid Withdrawal," Part IV.B.6. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) Long-Form Application Within ten business days after release of the auction closing public
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001593.doc
- this case by 6:00 p.m. ET on August 1, 2000, the winning bidder in Auction No. 80 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover the down payment on its winning bid. If the bidder's upfront payment is not sufficient to meet this requirement, the bidder must deposit additional funds. See 47 C.F.R. 1.2107(b), 1.2104(g). The amount now due from the bidder is set out in the last column of Attachment B. The bidder's down payment must be a total of twenty (20) percent of its net winning bid. Final payment. After the termination of the pleading cycle for petitions to deny (see 47 C.F.R. 73.5006), the Commission will issue a public notice
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001800.doc
- Bob Reagle, Analyst, Auctions Operations (regarding bidding) at (717) 338-2888. FCC - See 47 C.F.R. 1.2106. See 47 C.F.R. 1.65. Id. ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). $ $ U V 0) (``Auction No. 33 Announcing Public Notice''). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2108. See 47 C.F.R. 1.202(d) note (1); see also ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). See 47 C.F.R. 1.2112(b). PNG !R>^SS߿"Kker4 JdMOO ,I TV5 0z̪ %o
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001854.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001854.txt
- Part 1 of the Commission's Rules -- Competitive Bidding Procedures, WT Docket No. 97-82, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997) (amending the Commission's Part 1 competitive bidding rules); see also 47 C.F.R. 1.2109(a) (as amended). See 47 C.F.R. 1.2109(a). See 47 C.F.R. 1.2104(g)(2) (as amended), 1.2109, 1.2107(b), 101.1105; see also Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, DA 96-481, Public Notice, 11 FCC Rcd 10853 (1996). See 47 C.F.R. 1.2104(g)(2). See 47 C.F.R. 1.2106(e). See 47 C.F.R. 1.2109(b). Copies of the FCC Form 159 may be obtained by calling the Commission's Forms Distribution Center at 1-800-418-3676 (outside Washington, D.C.) or 202-418-3676 (in
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002037.doc
- in Auction No. 34 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids, if applicable. If a winning bidder's upfront payment is not sufficient to meet both of these requirements, the winning bidder must deposit additional funds. See 47 C.F.R. 1.2107(b), 1.2104(g). The amount now due from each winning bidder, if any, is set out in the last column of Attachment B. Note that a payment and FCC Form 159 are necessary only if a winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002154.doc
- in Auction No. 33 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required: (1) down payments on winning bids, and (2) payments for withdrawn bids, if applicable. If a winning bidder's upfront payment is not sufficient to meet both of these requirements, the winning bidder must deposit additional funds. See 47 C.F.R. 1.2107(b), 1.2104(g). The amount now due from each winning bidder, if any, is set out in the last column of Attachment B. Note that a payment and FCC Form 159 are necessary only if a winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002219.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002219.html http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002219.txt
- Such payment shall be made within thirty (30) days of the third anniversary of the initial grant of its license. Failure to repay the tribal land bidding credit will result in automatic cancellation of the license. For further information, See the Commission's Report and Order and Further Notice of Proposed Rule Making, WT Docket NO. 99-266, 47 C.F. R. 1.2107(e) and 1.2110(e) and , Interested parties may also contact Davida Grant of the Commercial Wireless Division at 202-418-7050 or dgrant@fcc.gov. Extending Wireless Telecommunications Services to Tribal Lands, Report and Order and Further Notice of Proposed Rule Making, WT Docket No. 99-266, 15 FCC Rcd. 11,794 (rel. June 30, 2000). The ``Prepared to Grant Public Notice'' also lists those applications that
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002242.doc
- Part 1 of the Commission's Rules -- Competitive Bidding Procedures, WT Docket No. 97-82, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997) (amending the Commission's Part 1 competitive bidding rules); see also 47 C.F.R. 1.2109(a) (as amended). See 47 C.F.R. 1.2109(a). See 47 C.F.R. 1.2104(g)(2) (as amended), 1.2109, 1.2107(b), 101.1105; see also Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, DA 96-481, Public Notice, 11 FCC Rcd 10853 (1996). See 47 C.F.R. 1.2104(g)(2). See 47 C.F.R. 1.2106(e). See 47 C.F.R. 1.2109(b). Copies of the FCC Form 159 may be obtained by calling the Commission's Forms Distribution Center at 1-800-418-3676 (outside Washington, D.C.) or 202-418-3676 (in
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002259.doc
- Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Government to 20 percent of its net winning bids (actual bids less any applicable small and very small business bidding credits). See 47 C.F.R. 1.2107(b). In addition, by the same deadline all bidders must pay any withdrawn bid amounts due under 47 C.F.R. 1.2104(g), as discussed in ``Bid Removal and Bid Withdrawal,'' Part IV.B.6. (Upfront payments are applied first to satisfy any withdrawn bid liability, before being applied toward down payments.) Long-Form Application Within ten business days after release of the auction closing notice,
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002260.doc
- questions); Linda Sanderson, Auctions Operations (regarding bidding and general filing status) at (717) 338-2888. FCC - See 47 C.F.R. 1.2106. See 47 C.F.R. 1.65. Id. $ $ + , . See ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). See 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2105(c), and 1.2109(d). See 47 C.F.R. 1.2106. See 47 C.F.R. 1.204; see also ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process (`Auctions') Are Treated as Exempt for Ex Parte Purposes,'' Public Notice, 9 FCC Rcd 6760 (1994). See 47 C.F.R. 1.2112(b). PNG !R>^SS߿"Kker4 JdMOO ,I
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002614.pdf
- F Block Broadband PCS Spectrum Auction Scheduled for December 12, 2000; Auction Notice and Filing Requirements for 422 Licenses in the C and F Block Broadband PCS Spectrum Auction; Minimum Opening Bids and Other Procedures Issues For Final Auction Inventory, Public Notice, DA 00-2259 (rel. October 5, 2000) ("Auction No. 35 Procedures Public Notice"). 11 See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 5 competitive behavior in the marketplace. If a bidder is found to have violated the antitrust laws in connection with its participation in the competitive bidding process, it may be subject to forfeiture of its upfront payment, down payment, or full bid amount and may be prohibited from participating in future auctions.12 Auction Discount Voucher: On June 8,
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002745.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002745.txt
- in default and subject to the applicable default payments. See 47 C.F.R. 1.2104(g), 1.2109(c). Such applicants will be assessed default penalties as prescribed by sections 1.2104(g) and 1.2109(c) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2109(c). Payment Instructions All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Wire transfer payments must be received by Mellon Bank no later than 6:00 p.m. Eastern Time, December 20, 2000 (or 6:00 p.m. Eastern Time, January 5, 2000, along with the five-percent late fee). Applicants should allow sufficient time for the wire transfer to be initiated and for
- http://www.fcc.gov/Forms/Form301-CA/301ca.pdf
- or licenses to include certain exhibits with their long-form applications. If this application is being submitted to obtain a construction permit for which the applicant was a winning bidder in an auction, then the applicant must, pursuant to 47 C.F.R. Section 73.5005(a), include an exhibit containing the information required by the following Part 1 auction rules, if applicable. (1) Section 1.2107(d) requires the applicant to provide a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement it had entered into relating to the competitive bidding process. See 47 C.F.R. Section 1.2107(d). (2) Section 1.2110(j) requires applicants claiming designated entity status to describe how they satisfy the requirements for eligibility
- http://www.fcc.gov/Forms/Form301/301.pdf
- or licenses to include certain exhibits with their long-form applications. If this application is being submitted to obtain a construction permit for which the applicant was a winning bidder in an auction, then the applicant must, pursuant to 47 C.F.R. Section 73.5005(a), include an exhibit containing the information required by the following Part 1 auction rules, if applicable. (1) Section 1.2107(d) requires the applicant to provide a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or 8 arrangement it had entered into relating to the competitive bidding process. See 47 C.F.R. Section 1.2107(d). (2) Section 1.2110(j) requires applicants claiming designated entity status to describe how they satisfy the requirements for
- http://www.fcc.gov/Forms/Form346/346.pdf
- or licenses to include certain exhibits with their long-form applications. If this application is being submitted to obtain a construction permit for which the applicant was a winning bidder in an auction, then the applicant must, pursuant to 47 C.F.R. Section 73.5005(a), include an exhibit containing the information required by the following Part 1 auction rules, if applicable. (1) Section 1.2107(d) requires the applicant to provide a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement it had entered into relating to the competitive bidding process. See 47 C.F.R. Section 1.2107(d). (2) Section 1.2110(j) requires applicants claiming designated entity status to describe how they satisfy the requirements for eligibility
- http://www.fcc.gov/Forms/Form349/349.pdf
- or licenses to include certain exhibits with their long-form applications. If this application is being submitted to obtain a construction permit for which the applicant was a winning bidder in an auction, then the applicant must, pursuant to 47 C.F.R. Section 73.5005(a), include an exhibit containing the information required by the following Part 1 auction rules, if applicable. (1) Section 1.2107(d) requires the applicant to provide a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement it had entered into relating to the competitive bidding process. See 47 C.F.R. Section 1.2107(d). (2) Section 1.2110(i) requires applicants claiming designated entity status to describe how they satisfy the requirements for eligibility
- http://www.fcc.gov/eb/Orders/2001/da01682.doc http://www.fcc.gov/eb/Orders/2001/da01682.html
- By the Chief, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture, we find that PCS Partners, L.P. (``PCS Partners'') failed to timely file its ``long-form'' application (FCC Form 601) and accompanying ownership report (FCC Form 602) following completion of the Commission's C and F Block Broadband PCS Auction, in apparent willful and repeated violation of Sections 1.2107(c) and 1.2107(f) of the Commission's rules. We conclude that PCS Partners is apparently liable for a forfeiture in the amount of $3,000. II. BACKGROUND On January 26, 2001, the Commission staff completed the auction of 422 licenses in the C and F Block Broadband PCS Auction. PCS Partners was among the participants in that auction. On January 29, 2001, the
- http://www.fcc.gov/eb/Orders/2002/DA-02-3591A1.html
- of Apparent Liability for Forfeiture (``NAL''), we find that City Page & Cellular Services, Inc. d/b/a City Beepers (``City Page'') failed to timely file its two ``long-form'' applications (FCC Form 601s) and accompanying ownership report (FCC Form 602) following completion of the Commission's Lower and Upper Paging Bands Auction (``Auction No. 40''), in apparent willful and repeated violation of Sections 1.2107(c) and 1.2107(f) of the Commission's rules.1 We conclude that City Page is apparently liable for a forfeiture in the amount of $3,000. II. BACKGROUND 2. On December 5, 2001, Commission staff completed the auction of 15,514 licenses in Auction No. 40. City Page was among the participants in that auction. On December 11, 2001, the Wireless Telecommunications Bureau issued a
- http://www.fcc.gov/eb/Orders/2002/DA-02-3592A1.html
- the Chief, Investigations and Hearings Division, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Gabriel Wireless LLC (``Gabriel'') failed to timely file its two ``long-form'' applications (FCC Form 601s) following completion of the Commission's Lower and Upper Paging Bands Auction (``Auction No. 40''), in apparent willful and repeated violation of Section 1.2107(c) of the Commission's rules.1 We conclude that Gabriel is apparently liable for a forfeiture in the amount of $3,000. II. BACKGROUND 2. On December 5, 2001, Commission staff completed the auction of 15,514 licenses in Auction No. 40. Gabriel was among the participants in that auction. On December 11, 2001, the Wireless Telecommunications Bureau issued a Public Notice that provided
- http://www.fcc.gov/eb/Orders/2002/DA-02-3593A1.html
- Investigations and Hearings Division, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Golden Arrow Paging, Inc. (``Golden Arrow'') failed to timely file its three ``long-form'' applications (FCC Form 601s) following completion of the Commission's Lower and Upper Paging Bands Auction (``Auction No. 40''), in apparent willful and repeated violation of Section 1.2107(c) of the Commission's rules.1 We conclude that Golden Arrow is apparently liable for a forfeiture in the amount of $3,000. II. BACKGROUND 2. On December 5, 2001, Commission staff completed the auction of 15,514 licenses in Auction No. 40. Golden Arrow was among the participants in that auction. On December 11, 2001, the Wireless Telecommunications Bureau issued a Public Notice
- http://www.fcc.gov/eb/Orders/2002/DA-02-3594A1.html
- Investigations and Hearings Division, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that SelectPath Holding, Inc. (``SelectPath'') failed to timely file two of its three ``long-form'' applications (FCC Form 601s) following completion of the Commission's Lower and Upper Paging Bands Auction (``Auction No. 40''), in apparent willful and repeated violation of Section 1.2107(c) of the Commission's rules.1 We conclude that SelectPath is apparently liable for a forfeiture in the amount of $3,000. II. BACKGROUND 2. On December 5, 2001, Commission staff completed the auction of 15,514 licenses in Auction No. 40. SelectPath was among the participants in that auction. On December 11, 2001, the Wireless Telecommunications Bureau issued a Public Notice that provided
- http://www.fcc.gov/eb/Orders/2002/DA-02-3595A1.html
- and Hearings Division, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Telephone & Two-Way Inc. (``TTW'') failed to timely file two of its three ``long-form'' applications (FCC Form 601s) following completion of the Commission's Lower and Upper Paging Bands Auction (``Auction No. 40''), in apparent willful and repeated violation of Section 1.2107(c) of the Commission's rules.1 We conclude that TTW is apparently liable for a forfeiture in the amount of $3,000. II. BACKGROUND 2. On December 5, 2001, Commission staff completed the auction of 15,514 licenses in Auction No. 40. TTW was among the participants in that auction. On December 11, 2001, the Wireless Telecommunications Bureau issued a Public Notice that provided
- http://www.fcc.gov/eb/Orders/2002/DA-02-3596A1.html
- Division, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that UHF-DE, LLC (``UHF'') failed to timely file its ``long-form'' application (FCC Form 601) and accompanying ownership report (FCC Form 602) following completion of the Commission's Lower and Upper Paging Bands Auction (``Auction No. 40''), in apparent willful and repeated violation of Sections 1.2107(c) and 1.2107(f) of the Commission's rules.1 We conclude that UHF is apparently liable for a forfeiture in the amount of $3,000. II. BACKGROUND 2. On December 5, 2001, Commission staff completed the auction of 15,514 licenses in Auction No. 40. UHF was among the participants in that auction. On December 11, 2001, the Wireless Telecommunications Bureau issued a Public Notice
- http://www.fcc.gov/eb/Orders/2002/DA-02-3597A1.html
- Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Wharton Telecom Holdings, Inc. (``Wharton'') failed to timely file its ``long-form'' application (FCC Form 601) and accompanying ownership report (FCC Form 602) following completion of the Commission's Lower and Upper Paging Bands Auction (``Auction No. 40''), in apparent willful and repeated violation of Sections 1.2107(c) and 1.2107(f) of the Commission's rules.1 We conclude that Wharton is apparently liable for a forfeiture in the amount of $3,000. II. BACKGROUND 2. On December 5, 2001, Commission staff completed the auction of 15,514 licenses in Auction No. 40. Wharton was among the participants in that auction. On December 11, 2001, the Wireless Telecommunications Bureau issued a Public Notice
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- apparent liability for forfeiture (each an ``NAL'') 1 against each of the captioned parties, all winning bidders in the Commission's Lower and Upper Paging Bands Auction (``Auction No. 40''), for their failure to timely file their ``long- form'' auction applications (FCC Form 601) and accompanying ownership reports (FCC Form 602) following completion of the auction, in apparent violation of Sections 1.2107(c) and 1.2107(f) of the Commission's rules.2 In response to issuance of the NALs several of the parties3 argued that the Wireless Telecommunications Bureau (``WTB'') granted the waiver requests submitted with their late-filed long-form applications and ownership reports and, as a consequence, waived application of Section 1.2107(c) of the Commission's rules.4 2. As noted in responses to the NALs, on December
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- FCC Rcd 6606, 6607 (WTB 2002); City Page & Cellular Services, Inc., 17 FCC Rcd 26109, 22611-12 (WTB 2002); Pinpoint Communications, Inc., 14 FCC Rcd 6421 (WTB 1999). Winning bidders in Auction No. 62 were required to have on deposit, by February 23, 2006, sufficient funds to cover twenty percent of their respective total winning bids. See 47 C.F.R. 1.2107(b); Auction No. 62 Closing Public Notice. 47 U.S.C. 503(b)(1)(B). See also 47 C.F.R. 1.80(a)(1). 47 U.S.C. 312(f)(1). See H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982). See Southern California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991). See Forfeiture Policy Statement and Amendment of Section 1.80(b) of the Rules to Incorporate
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- the Commission Rules. By public notice, the Media Bureau will announce the grant of the construction permit for which the Commission has received timely final payment of the winning bid amount. The facility authorization will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by Mellon Bank by 6:00 p.m. ET, May 31, 2007. Late payments, which must include the five percent late fee, must be received by Mellon Bank by 6:00 p.m. ET, June 14, 2007. Applicants must allow sufficient time for the
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- 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Services, First Report and Order in MM Docket No. 97-234, GC Docket No. 92-52 and GEN Docket No. 90-264, 13 FCC Rcd 15920 (1998) (``Broadcast First Report and Order''). 47 C.F.R. 1.2109(a). See Auction No. 37 Closing Public Notice at Attachment A. 47 C.F.R. 1.2107(b). 47 C.F.R. 1.2104(g)(2), 1.2109(c). 47 C.F.R. 1.2104(g)(2). 47 C.F.R. 1.2106(e). Id. See Mountain Solutions Ltd., Inc., FCC 98-220, Memorandum Opinion and Order, 13 FCC Rcd. 21,983, 21,997 25 (1998). College Creek Broadcasting, Inc. DA 07-3517 August 3, 2007 Federal Communications Commission Washington, D.C. 20554 August 3, 2007 h h h h h gd h h
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- Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Services, First Report and Order in MM Docket No. 97-234, GC Docket No. 91-52 and GEN Docket No. 90-264, 13 FCC Rcd 15920 (1998) (``Broadcast First Report and Order''). 47 C.F.R. 1.2109(a). See Closing Public Notice at Attachment A. See Closing Public Notice. See also 47 C.F.R. 1.2107(b). Winning bidders were required to have on deposit enough funds to cover the twenty percent (20%) down payment requirement within ten business days of the release of the Closing Public Notice. 47 C.F.R. 1.2104(g)(2), 1.2109(c). 47 C.F.R. 1.2104(g)(2), 1.2109(b). 47 C.F.R 1.2104(g)(2). Id. (2004). Pursuant to recent modifications to the rule governing default payments, the percentage of
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- Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Services, First Report and Order in MM Docket No. 97-234, GC Docket No. 91-52 and GEN Docket No. 90-264, 13 FCC Rcd 15920 (1998) (``Broadcast First Report and Order''). 47 C.F.R. 1.2109(a). See Closing Public Notice at Attachment A. See Closing Public Notice. See also 47 C.F.R. 1.2107(b). Winning bidders were required to have on deposit enough funds to cover the twenty percent (20%) down payment requirement within ten business days of the release of the Closing Public Notice. 47 C.F.R. 1.2104(g)(2), 1.2109(c). 47 C.F.R. 1.2104(g)(2), 1.2109(b). 47 C.F.R 1.2104(g)(2). Id. Pursuant to recent modifications to the rule governing default payments, the percentage of the
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- Auction Closes; Winning Bidders Announced for Auction 62, Public Notice, DA 06-252, 21 FCC Rcd 1071 (MB/WTB 2006) (``Closing Public Notice''). The net winning bid for permit FM396-C3 was $287,300.00 and the net winning bid for permit FM407-C2 was $29,250.00. See Application File Nos. BNPH-20060310ADR and BNPH-20060310ADS. See Closing Public Notice. See Closing Public Notice. See also 47 C.F.R. 1.2107(b). Your total upfront payment on deposit was $99,000.00 and the total required down payment for both permits was $63,310.00. See Closing Public Notice, Attachment B. The Bureaus applied $63,310.00 ($57,460.00 for FM396-C3 and $5,850.00 to FM407-C2) of the upfront payment to cover the required down payment for both permits and then, consistent with its general practice, apportioned the remaining amount
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- Third Report and Order and Second Further Notice of Proposed Rule Making, FCC 97-413, 13 FCC Rcd 374, 467-68 163 (1997) (``Part 1 Third Report and Order''). 47 C.F.R. 1.2105(a)(2)(ix). Nevada Wireless Order, 13 FCC Rcd at 11978 13. Competitive Bidding Memorandum Opinion and Order, 9 FCC Rcd at 7689 12. See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17553-55 13-17. See Service Rules for the 698-746, 747-762 and 777-792 MHz Bands, WT Docket No. 06-150, Second Report and Order, FCC 07-132, 22 FCC Rcd 15,289, 15,395 285-86 (2007). 47 C.F.R. 1.65; see also Part 1 Seventh Report
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- with an attributable interest in the applicant, has an attributable interest in more than three media of mass communications, or in any existing media of mass communications in the ``same area'' as the broadcast facility proposed in this auction. 47 C.F.R. 73.5007. See 47 C.F.R. 73.5007(b)(1)-(3) for the specific service definitions of ``same area.'' See 47 C.F.R. 1.2107, 1.2109, 73.5005; see also Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 163-168 (1994). See generally 47 C.F.R. 1.2109. See 47 C.F.R. 1.2105(b), 1.2106. 47 C.F.R. 1.65, 1.2105. Each of these rejected applicants will retain its status as
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- or construction permit and, if a bidding credit is requested, its eligibility for the requested bidding credit. Thus, a determination that a short-form application is complete and complies with the Commission's competitive bidding rules and policies is not determinative of an applicant's qualifications to hold a license or construction permit, or entitlement to a bidding credit. See 47 C.F.R. 1.2107 - 1.2109; see also Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77 163-168 (1994). Commission staff generally considers an applicant's qualifications and eligibility for a bidding credit after the auction during the long-form application process. In the event that an applicant
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- in the Commission rules. By public notice, the Media Bureau will announce the grant of the construction permits for which the Commission has received timely final payments of the winning bid amounts. Facility authorizations will be issued shortly thereafter. PAYMENT INSTRUCTIONS All payments must be made in U.S. currency in the form of a wire transfer. See 47 C.F.R. 1.2107(b). No personal checks, cashier's checks or other forms of payment will be accepted. Timely wire transfer payments must be received by the U.S. Treasury, New York, by 6:00 p.m. ET, January 30, 2012. Late payments, which must include the five percent late fee, must be received by U.S. Treasury, New York, by 6:00 p.m. ET, February 13, 2012. Applicants must
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- Co., Inc., Memorandum Opinion and Order, 22 FCC Rcd 8591 (WTB 2007) (``Kankakee MO&O''). 47 C.F.R. 1.2104(g)(2), 1.2109(b). 31 U.S.C. 3701(b)(1). See Request for Waiver of Kankakee Valley Broadcasting Co., Inc. (dated June 22, 2006) (``Request for Waiver''). Specifically, Kankakee sought a waiver of the requirement to make its down payment within the time period established by Section 1.2107(b), as well as a waiver of the application filing deadline prescribed by Section 73.5005(a). Id. See Kankakee MO&O, 22 FCC Rcd at 8593 5, 8598 16-18. See also 47 C.F.R. 1.2104(g)(2) and 1.2109(b). See Auction of FM Broadcast Construction Permits Closes; Winning Bidders Announced for Auction 93, Public Notice, DA 12-600 (rel. April 17, 2012) (``Auction 93
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- Jersey Shore, however, is misplaced since unlike this case, Jersey Shore addressed complete Form 301 applications in the comparative hearing context. See, e.g., AM Auction No. 84 Singleton Applications, Public Notice, 19 FCC Rcd 22569 (MB 2004). Zahn Petition at 4. See Broadcast First Report and Order, supra n. 15, 13 FCC Rcd 15979; see also 47 C.F.R. 1.2104(g)(2), 1.2107(b), 1.2109(c). See 47 U.S.C. 307(b); See also Concurring Statement of Commissioner Michael J. Copps, In re Applications of Jeffrey B. Bate for a New AM Broadcast Station at Mesquite, Nevada and Jeffrey Eustis for a New AM Broadcast Station at Johnstown, Colorado, and In re Applications of Jeffrey B. Bate for a New AM Broadcast Station at St. George,
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- Requirements, Minimum Opening Bids, Upfront Payments, and Other Procedures for Auction 91, Public Notice, 25 FCC Rcd 16787, 16790 (MB/WTB 2010) (once mutual exclusivity exists for auction purposes, even if only one applicant for a particular construction permit submits an upfront payment, that applicant is required to submit a bid in order to obtain the construction permit). See id. 1.2107, 1.2109, 1.2112, 73.5003, 73.5005. See First R&O, 25 FCC Rcd at 1586, 1593, 1596-97. Id. at 1593. Cf. 47 C.F.R. 73.7002(c). See supra paragraph 8 regarding qualifications for the Tribal Priority. The original Tribal Allotment proponent may make such a request by sending a letter to the staff of the Audio Division, Media Bureau, during the TQ Window. The
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- payment."[12]^(12) Mountain Solutions' contention that the Commission abused its discretion by not giving Mountain Solutions the benefit of two rule changes made subsequent to the filing of Mountain Solutions' waiver petition is also unpersuasive. In February 1997, the Commission extended the deadline for second down payments from five to ten business days following license approval. See 47 C.F.R. 24.711(a)(1)(2) (1998), 1.2107(b), 1.2109(a). In December 1997, after having denied Mountain Solutions' waiver request in September, the Commission adopted a rule allowing an additional ten-business-day grace period for second down payments, albeit with a 5% penalty. 47 C.F.R. 24.711(a)(1)(2) (1998), 1.2107(b), 1.2109(a). In explaining these changes, the Commission "recognize[d] that applicants may encounter certain difficulties when trying to arrange financing and make substantial
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- billion. [43]^4 47 C.F.R. 24.707 states as follows: "Each winning bidder will be required to submit a long-form application on FCC Form 600, as modified, within ten (10) business days after being notified that it is the winning bidder. Applications on FCC Form 600 shall be submitted pursuant to the procedures set forth in Subpart I of this Part and 1.2107 (c) and (d) of this Chapter and any associated Public Notices. Only auction winners (and applicants seeking partitioned licenses pursuant to agreements with auction winners under 24.714) will be eligible to file applications on FCC Form 600 for initial broadband PCS licenses in the event of mutual exclusivity between applicants filing Form 175. Winning bidders need not complete Schedule B
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- on deposit with the FCC until the end of the auction. 47 C.F.R. 1.2106; 47 U.S.C. 309(j)(8)(C); Implementation at 15,- 951. Within ten days of being notified that it is the high bidder, the auction winner must deposit a 20% down payment to prove that it is still financially capable of building a station. 47 C.F.R. at 1.2107(b); Implementation at 15,983. The final payment deadline is set by Public Notice once the FCC has dismissed all petitions to deny the high bidder's applica- tion. 47 C.F.R. at 1.2109(a), 73.5006(d). If the auction winner is late but makes its final payment within a ten-day grace period, it will be charged an additional 5% late fee. Id. at
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- unless the Commission determines that the applicant is qualified pursuant to section 3 10 of the Act. ' 47 C.F.R. I .2 105(a)(2)(vi). At the short form application filing stage, the Commission will accept applications certifying that a request for waiver or other relief from the requirements of section 3 IO is pending. 47 C.F.R. 1.2 105(a)(2)(v). ' 47 C.F.R. 1.2107(c). I The Honorable Ernest F. Hollings Page 2 In keeping with our normal processes and procedures in the preparation of an auction. on December 1. 2000. we released a public notice listing the qualified bidders for auction 35, which included VoiceStream as a "qualified bidder" eligible to participate in the auction. As explained above. this action means that the listed